Preview
02D03-2307-CC-001557 Filed: 7/21/2023 2:46 AM
lerk
Allen Superior Court 3 Allen County, Indiana
Js
AFFIDAVIT OF DEBT
Credit Acceptance Corporation
Plaintiff,
vs.
Sarah McKay
Defendant(s).
Comes now affiant, and states:I Kate Hartwick _ am a designated agent for Credit
Acceptance Corporation. I am of adult age am fully authorized to make the below representations. I am
familiar with the record keeping practices of Credit Acceptance Corporation. I have reviewed electronic
and/or printed documents kept in the normal course of Credit Acceptance Corporation's business and/or have
personal knowledge of the following:
1 As of April 11, 2023, Defendant has an account balance of $14,556.02, which is owed Plaintiff on
account ending in XXXX8229,
This account relates to a Retail Installment Contract which was originated on August 24, 2018.
The last payment was received from Defendant on September 30, 2021 in the amount of $429.31.
Plaintiff took assignment of the contract in good standing and is the owner of this debt.
This account balance is $14,556.02.
Plaintiff is not seeking attorney's fees.
Plaintiff believes that the defendant is not a minor or an incompetent individual.
Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in the
military service of the United States as defined in the Service Members Civil Relief Act as amended,
I swear or affirm under the penalties of perjury that the foregoing representations are true.
FURTHER AFFIANT SAYETH NOT.
_Leck
2
Si ignature of Affiant
Subscribed and sworn to before me
this day of, Cpl. 23
Ly
Notary Public
23021687 MARLENE CADWELL
Notary Fublic, State of Michigan
urty of Weyne
sion Expires May, 16, 2029
Acting In Oakland County
an
Department of Defense Manpower Data Center Results 2s of: Apr-11-2023
00:00:21 AM
SCRA 5.15
Status Report
Pursuant to Servicemembers
Civil Relief Act
SSN: XXX-XX-3340
Birth Date:
Last Name: MCKAY
First Name: SARAH
Middle Name:
Status As Of: Apr-41-2023
Certificate ID: D311J8BQ08F7F8R
Ne
This response rect ncvdual’ active duty stalus base ho Act ss Date
967. Days of sive
No NA
aby Sts ae
a
This response
reflects whether report
for active duty
Upon searching the data banks of the Department of Defense Manpower Data Cen based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicememberor his/her unit receiving notification of future orders to reportfor Active Duty.
Michgel V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
the Soldiers’ and Sailors’ Civil Relief Act of 1940). DMDC has issued hundreds of thousands of “does not possess any information indicating that the
individual is currently on active duty” responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on “Active Duty Status”
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Priorto 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a numberof protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
RETAIL INSTALLMENT CONTRACT
AccOUNT ME 8229 LoT #_Y6B
Buyer Name and Address Co-Buyer Name and Address Creditor-Seller Name and Address
SARAH MCKAY N/A PROFESSIONAL AUTO SALES &
3609 ROCKWOOD DR SERVICE INC.
FORT WAYNE, IN 46815 4202 W WASHINGTON CENTER RD
FORT WAYNE, IN 46818
“You” and “Your” mean each Buyer above, jointly and severally. “Us” and “We” mean Creditor-Seller and Creditor-Seller’s assignee. You may buy
the Vehicle described below for cash or credit. he 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. You acknowledge delivery and acceptance of the Vehicle
in good condition and repair. You promise to pay Us all amounts due under this Retail Installment Contract (“Contract”), including the Total Sale
Price, in accordance with the payment schedule shown in the Truth in Lending Disclosures below. You also agree to the terms and conditions below
(including the Truth in Lending Disclosures) and on the additional pages of this Contract. The Annual Percentage Rate may be negotiable with Us.
Year and Make Model and Body Style Color Vehicle Identification Number Odometer Reading
Used 2012 Hyundai Sonata 4D Sedan 2.4 SILVER SNPEB4AC5CH313911 91,631
TRUTH IN LENDING DISCLOSURES
FINANCE Amount Total of Total Sale Price
PERCENTAGE CHARGE Financed Payments The total cost of Your
The dollar amount The amount of credit The amount You will urchase on credit,
RATE provided to You or on have paid after You including Your
The cost of Your the credit will cost
You. Your behalf. have made all pay- down payment of
credit as a yearly
rate. ments as scheduled. g 1,642.00 is
22.99 %1$ 7,210.08
$ 13,396.80 $ 20,948.88 $ 22,248.88
Payment Schedule: Your payment schedule will be:
No. of Payments Amount of Payments When Payments Are Due
1 $ 342.00 September 06, 2018
$
48 $ 429.31 Monthly, beginning September 24, 2018
Security: You are giving a security interest in the goods or Vehicle being purchased.
Late Charge: If a payment is more than 10 days late, You will be charged $17.50. The late charge dollar amount is subject to change as
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Indiana Code § 24-4 5-1-106,
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LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS
NOT INCLUDED.
PROPERTY INSURANCE: You must insure the Vehicle securing this Contract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE
THROUGH ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US, as more fully described on page 3.
ARBITRATION: This Contract contains an Arbitration Clause that states You and We may elect to resolve any dispute b'
arbitration and not by court action. See the Arbitration Clause on Page 5 of this contract for the full terms and conditions of the
agreement to arbitra’ 'e. By initialing below, you confirm that you have read, understand and agree to the terms and conditions in
the Arbitration Clause.
ss Buyer's Initials Buyer's Initials
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.
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 informacién que ve en el formulario de la ventanilla para este vehiculo forma parte del presente contrato. La informacién del
formulario de la ventanilla deja sin efecto toda disposicién en contrario contenida en el contrato de venta.
ADDITIONAL TERMS AND
TI CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE AGREEMENT TO
ARBITRATE SET F N THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT te:AND ARE
INCORPORATED HEREIN BY REFERENCE.
Su)
a Buyer's Initials
INDIANA CREDIT ACEPTANCE CORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation. Buyer's Initials
All Rights Reserved. PAGE 1 of 5
‘The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/24/2018
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
ITEMIZATION OF AMOUNT FINANCED
1. Cash Price (including accessories and improvements to the Vehicle). $_12, 725.00 (4)
2. Sales Tax 820.75 (2)
3. Down-Payment Calculatior Cash Down Payment.
Deferred Down Payment 342.00 (B)
Trade-In Description: Gross Trade-In. $. 1,000.00 (¢c)
Make:_OLDSMOBILE
Model: AURA, Payoff Made by Seller $ 0.000
Net Trade-In (If negative number, Insert “0” in line 3(E) and itemize difference in 5(E) bel ow) ( C-D) $__1, 000.00 (E)
Trade- In Description: Gross Trade-In. CNA (F)
Make
Model: My A Payoff Made by Seller $ N/A _(G)
Net Trade-In (If negative number, Insert “O” in line 3(H) and itemize difference in 5(K) below) (F-G) $. N/A(H)
Other: Manufacturers Rebate. N/A (I)
Total Down Payment. (ASBSESHD 1, 642.00 (3)
Unpaid Balance of Cash Price (1+ 2 less 3) 11,903.75 (4)
Other Charges Including Amounts Paid to Others on Your Behalf:
(NOTICE: A portion of these charges may be paid to or retained by Us.)
*Cost of Required Physical Damage Insurance Paid to Insurance Company.... N/A (A)
*Cost of Optional Extended Warranty or Service Contract Paid to the Company named below $. 1,308.00 (B)
Cost of Fees Paid to Public Officials for Perfecting, Releasing or Satisfying a Security Interest $, N/A (C)
Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration 36.05 (D)
Other Charges (Seller must identify who will receive payment and describe purpose)
to for lien or lease payoff N/A (E)
“to N/A for Optional GAP Protectio1 N/A (F)
*to THE SELLER for Professional Auto 149.00 (G)
“to N/A for N/A N/A (Hi
*toN/A for N/A N/A (I)
*toN/A for N/A N/A (J)
to N/A for lien or lease payoff. N/A (k)
Total of Other Charges and Amounts Paid to Others on Your Behalf. $ 1,493.05 6)
6. Less Prepaid Finance Charge... N/A
ere
7. Amount Financed - Unpaid Balance (4 + 5 less 6) “$ _13,396.80(7)
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Price $ 1, 308.00 Term: 12 Mos.\ 12000 Miles Company: Wynn's Extended Care, Inc
Chp| [Sana
hag ome 08/24/2018
Buyer's Signature Date Buyer's Signature Date
GAP PROTECTION: Optional Guaranteed Auto Protection (GAP) is not required to obtain credit. GAP protection will not
{his Contract unless You sign for it below and agree to pay the additional cost shown below and on Line 5F of the ITEMIZATI
rovided under
OF AMOUNT ion
so
ED. You may obtainoj tional GAP protection from a person of Your choice that is authorized to sell such coverage and is acceptable
fo Us. The GAP contract issue: by the provider of the protection will describe the terms and conditions of coverage in further detail. If You want
GAP protection, sign below.
Cost: $ N/A Term: N/A Provider: N/A
****NOT PURCHASED - DO NOT SIGN****
Buyer's Signature Date Buyer's Signature Date
NOTICE TO BUYER: 1. Do not sign this Contract in blank. 2. You are entitled to 1 true copy of the Contract You sign without charge.
3.Keep it to protect Your legal rights.
You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract with all blanks filled in and
that You have read it and understand
Buyer's Signature: x Sata Weld nul Buyer's Signature: x
Seller, PROFESSIONAL AUTO SALES & SERVICE INC pyle Mlawade nul Title: AGENT
This Contract is signed by the Seller and Buyer(s) hereto this 24th day of. August 2018
INDIANA CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation.
All Rights Reserved. PAGE 2 of 5
‘The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/24/2018
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
ADDITIONAL TERMS AND CONDITIONS
Securi
for the We }
Interest. You give Us a security interest in: 1). The Vehicle and all parts or goods installed in it; 2) |. All money or goods received (proceeds)
hicle; 3). All insurance, maintenance, service or other contracts fe finance for You; and 4). All proceeds from insurance, maintenance,
/
service or other contracts We finance for You (this includes any refunds of premiums). This secures payment of all You owe on this Contract and in any
transfer, renewal, extension or assignment of this Contract. It also secures Your other agreements in this Contract. You agree to have the certificate
of title show our security interest (lien) in the Vehicle.
Late Charge. You promise to make all payments when due. If You fail to make a payment when it is due, You agree to pay Us a late charge as
stated on page 1 of this Contract. You agree that We do not waive any of our rights by accepting one or more late payments from You.
Bad Check Char; je. You a gree to pay Us a bad check charge of $25 (or such other amount permitted by applicable law) for any check or like
instrument given by’ ‘ou to Us that is returned by Your bank because of insufficient funds or because Your bank account was closed.
Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the Vehicle is damaged, destroyed or missing.
Yor ur Other Promises to Us. You promise that:
You will not remove the Vehicle from the United States or Canada.
You will not sell, rent, lease or otherwise transfer any interest in the Vehicle or this Contract without our written permission.
You will not expose the Vehicle to misuse or confiscation.
You will not permit any other lien or security interest to be placed on the Vehicle.
You will preserve and protect the Vehicle and keep it in good condition and repair.
You will not use the Vehicle in a trade or business without our written consent.
You will not use the Vehicle unlawfully or abandon it. If a governmental agency impounds the Vehicle, You will notify Us immediately and
regain
You wilP5 ossession of the Vehicle. We may regain possession of the Vehicle and treat it as a default.
ay all taxes, assessments, rentals, charges, and other fees imposed on the Vehicle when they are due. If We pay any repair bills,
storage i lls, taxes, fines, fees, or other charges on the Vehicle, You agree to repay the amount to Us.
You will permit Us to inspect the Vehicle at any reasonable time.
You will promptly sign, or cause others to sign, and give Us any documents We reasonably request to perfect our security interest.
You have not made and will not make an untrue, misleading or incomplete statement in a credit application, this Contract or any information
rovided in connection with this Contract.
B
‘ou will Ir ‘omptly provide Us with any additional personal or financial information concerning You or any information about the Vehicle that We may
reasonal ly request from time to time.
You will imm« liately notify Us if You change Your name or address.
Prepayment. You have the right to prepay Your account balance early without a penalty. If You prepay in full, You may be entitled to a refund credit
of part of the pre-computed finance charge. This credit will be calculated in accordance wi the actuarial method. e will apply the credit to the
amount You owe Us or if You paid Us more than the amount owed to Us under this Contract, We will refund it to You. A minimum finance charge
of $45 may be charged. We will not credit or refund amounts less than $1.00.
f
If You prepay only a portion of the balance remaining under this Contract, We will a| ply the prepayment to Your account balance, however a
g reontract
‘epayment will not excuse any later scheduled payments. You must still make all scheduled payments on time until Your obli, gation
is paid in full. If You make a partial prepayment Your last payment or payments may be less than the scheduled amount
under this
Required Physical Damage Insurance. You must insure Yourself and Us for the term of this Contract against loss of, or physical damage t
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We are under no obligation to buy any insurance, but may do so if We desire. If We buy either of these coverages, We will let You know what type
it is and the charge You must pay. The amount You must y will be the premium for the insurance and a finance charge at the Annual Percentage
‘ate shown on this Contract. You agree to pay the amount and finance charge in equal installments along with the payments shown on the Payment
Schedule.
i
If the Vehicle is lost or dama: ed, You agree that We can use any insurance settlement either to repair the Vehicle or aj
If applied to Your account bal lance, the insurance settlement proceeds that do not pay Your obligation in full under thi: is
partial payment.
re ly to Your account balance.
‘ontract will be applied as a
Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges for optional insurance, maintenance, service
or warranty contracts. I if the Vehicle is repossessed, You agree that We may claim benefits under these contracts and terminate them to obtain
refunds of unearned charges.
Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If any charge for required insurance is returned to Us, it may
be credited to Your account in accordance with the Prepayment section of this Contract or used to buy similar insurance which covers only our interest
hs
in the Vehicle. An refund on optional insurance, maintenance, service, warranty or other contracts obtained by Us will be credited to Your account in
accordance with t ie Prepayment section of this Contract.
Default and Acceleration of the Contract. You will be in default if:
- You fail to pay any amount due under this Contract when it is due.
- You break any of Your other promises You made in this Contract.
- A proceeding in bankruptcy, receivership or insolvency is started by You or against You or Your property.
If You are in default of this Contract, We may declare the entire unpaid balance of this Contract due and payable immediately at any time without notice
to You, unless We are required by law to provide You with such notice, and subject to any right You may have to reinstate the Contract. In figuring what
‘ou owe, We will give You a refund of part of the Finance Charge figured the same as if You had prepaid Your obligation under this Contract in full.
INDIANA CREDIT ACCEPTANCE CORPORATION (11-16)
=>suyer's Initials [=e]
© 2012-2016 Credit Acceptance Corporation. Buyer's Initials
All Rights Reserved. PAGE 3 of 5
‘The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/24/2018
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
ADDITIONAL TERMS AND CONDITIONS
Starter Interruption Device and GPS. You understand and agree that if You are in default, We may use any starter interruption device and/
or global positioning system (collectively, the Device) installed on the Vehicle to prevent the Vehicle from Starting and/or to locate the Vehicle when
permissible law and
default in order to restart the Vehi t
the terms of this Contract allow Us to re| ossess the Vehicle. You agree that if the Vehicle is disabled, You will need to cure Your
You acknowledge that You have been provided with a toll free telephone number that You may call, no more
than once per month, if the Vehicle is disabled but You need an emergency activation which will allow the Vehicle to operate for 24 hours. Refer to
the terms and conditions of the Buyer's Disclosure for additional information on 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, or the prc ‘opel
rf
where the Vehicle is stored, so lo! in as itis done peacefully and the law allows it. Any accessories, equipment or replacements
will remain with th e veh jicle. You hereby acknowledge and agree that any personal property containe d wii in the Vehicle may be removed and held
without liability to Us or our agent. It is Your responsibility to promptly and immediately contact Us to make arrangements for the return of Your
personal property. You are responsible for paying all reasonable charges associated with the repossession.
Getting
before fe sell, lease, license or otherwise dispose of any or al
preparation or processing.
f of the
the Vehicle Back After Repossession. If We rey ossess the Vehicle, You have the right to pay to get it back (redeem) at any time
Vehicle in its present condition or following any commercially reasonable
Sale of the Repossessed Vehicle. Any notice that is required to be given to You of an intended sale or transfer of the Vehicle will be mailed to
Your last known address, as reflected in our records, in a reasonable period before the date of the intended sale or transfer (or such other period of
time as is required by law). If the Vehicle is sold, We will use the net proceeds of the sale to pay all or part of Your debt.
de
The net t roceeds of the sale will be figured this way: Any charges for taking, holding, preparing for sale,
fees ant court costs, if permitted by law, will be subtracted from the selling price.
and selling the Vehicle, and any attorney
If You owe Us less than the net proceeds of sale, We will pay You the difference, unless We are required to pay it to someone else. For example,
We may be required to pay a lender who has given You a loan and has also taken a security interest in the Vehicle.
If You owe more than the net proceeds of sale, You will pay Us the difference between the net proceeds of sale and what You owe when We ask for
it, unless the law provides otherwise. If You do not pay this amount when asked, You may also be charged interest at the highest lawful rate until You
do pay all You owe to Us.
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.
Collection Costs. If We hire an attorney to collect what You owe and the attorney is not our salaried employee, You will pay the attorney’s
5 Py OF
reasonable fee and any reasonable expenses We incur in realizing on the security interest.
bb elayins wariin Enforcing
© t
Nt G OF
Ri thts and Chan ges of this Contract. We can del: r9 enforcit
is fe fdr
ain from
a our rit hts under this Contract without
in SH
ni ust
y Ug re bi ny pargof , all oth}
Interest After Maturity. You further agree to pay interest at the Annual Percentage Rate stated on page 1 of this Contract or at the highest rate
the earlier of the date Your final payment is due or the date fi fe accelerate
ermitted by applicable law, on any amounts that remain un| ai id after maturity of this Contract. For the purposes of this provision, maturity means.
the Contract’
Judgment Rate. Interest on any judgment awarded on this Contract will be at 8% or at the highest rate permitted by applicable law"
Governing Law. The terms of this Contract are governed by the law of the state of the Seller's address shown on page 1 of this Contract, except
to the extent preempted by applicable federal law.
ASSIGNMENT
FOR VALUE RECEIVED, Seller hereby assigns and transfers all Seller’s right, title and interest in and to this Contract, and in and
to the Vehicle described herein, to CREDIT ACCEPTANCE CORPORATIOI (“Assignee”), its successors and assigns, pursuant to
and in accordance with the terms and conditions set forth in the existing dealer agreement between Seller and Assignee in effect
on the date hereof. Seller gives Assignee full power, either in Assignee’s name or in Seller's name, to take all actions which Seller
could have taken under this Contract. In order to induce Assignee to accept assignment of this Contract, Seller represents and
warrants to Assignee as set forth in the existing dealer agreement.
NOTICE OF ASSIGNMENT: The Seller has assigned this Contract to Credit Acceptance Corporation in accordance with
the terms and conditions set forth below on this Contract. This assignment is without recourse. You must make all future
ayments to: CREDIT ACCEPTANCE CORPORATION, 25505 WE: TWELVE MILE ROAD-SUITE 3000, SOUTHFIELD,
ICHIGAN 48034-8339, 1-(800)-634-1506.
signe
PROFESSIONAL AUTO SALES & SERVICE INC. ‘Aug 2420 pucor AGENT
Seller: By: Title:
Z> Buyer's Initials
INDIANA CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation. Buyer's Initials
All Rights Reserved. PAGE 4 of 5
‘The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/24/2018
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
wo aenae wee eee Hae Hae Hee w--H- wore ero ee Gaeee Hee eee Hees ee
ARBITRATION CLAUSE
2
This Arbitration Clause describes how a Dispute (as defined below) may be arbitrated. Arbitration is a method of resolving disputes in front of
one or more neutral persons, instead of having a trial in court in front of a judge and/or
and/or Seller's assignee (including, without limitation, Credit Acceptance
jury. In this Arbitration Clause, “We” and “Us” mean Seller
‘orporation) or their employees, assignees, or any third party providin:
any goods or services in connection with the origination, servicing and collection of amounts due under the Contract if such third party is name
as a party between You and Us. “You” and “Your” means each juyer named above.
Your Right to Reject: If You don’t want this Arbitration Clause to apply, You may reject it by mailing Us at P.O. Box 5070, Southfield,
Michigan 48086-50° a written rejection notice that describes the Contract and tells Us that You are rejecting this Arbitration Clause.
?
A e| jection
sent in has
other prov
notice is only effective if it is signed by all buyers, co-buyers and cosigners and the envelope
a post mark of 30 days or less after the date of this Contract. If You reject this Arbitration
that the rejection notice is
lause, that will not affect any
ion of this Contract or the status of Your Contract. If You don’t reject this Arbitration Clause, it will be effective as of the
date of this Contract.
“Dispute” is any controversy or claim between You and Us arising out of or in an’ way related to this Contract, including, but not limited to,
any default under this Contract, the collection of amounts due under this Contract, he e purchase, sale, delivery, set-up, quality of the Vehicle,
advertising for the Vehicle or its financing, or any product or service included in this Contract. “Dispute” shall have the broadest meaning possible,
¥
and includes contract claims, and claims based on tort, violations of laws, statutes, ordinances or ré ulations or any other legal or equitable
theories. Notwithstanding the foregoing, “Dispute” does not include any individual action brought by, ‘ou in small claims court or Your state’s
equivalent court, unless such action is transferred, removed or appealed to a different court. “Dispute” does not include any repossession of the
to
Vehicle upon Your default and an’ exercise of the power of sale of the Vehicle under this Contract or any individual action by You to prevent Us
from using any such remedy, so ng as such individual action does not involve a request for monetary relief of any kind. In addition, “dispute”
does not include disputes about the validity, enforceability, coverage or sco) of this Arbitration Clause or any art thereof (including, without
concerns the validity or enforceability of the Contract
4
limitation, the Class Action Waiver described in the sixth para raph of this Arbitration Clause, the last sentence of the seventh paragraph of this
Preview
02D03-2307-CC-001557 Filed: 7/21/2023 2:46 AM lerk Allen Superior Court 3 Allen County, Indiana Js AFFIDAVIT OF DEBT Credit Acceptance Corporation Plaintiff, vs. Sarah McKay Defendant(s). Comes now affiant, and states:I Kate Hartwick _ am a designated agent for Credit Acceptance Corporation. I am of adult age am fully authorized to make the below representations. I am familiar with the record keeping practices of Credit Acceptance Corporation. I have reviewed electronic and/or printed documents kept in the normal course of Credit Acceptance Corporation's business and/or have personal knowledge of the following: 1 As of April 11, 2023, Defendant has an account balance of $14,556.02, which is owed Plaintiff on account ending in XXXX8229, This account relates to a Retail Installment Contract which was originated on August 24, 2018. The last payment was received from Defendant on September 30, 2021 in the amount of $429.31. Plaintiff took assignment of the contract in good standing and is the owner of this debt. This account balance is $14,556.02. Plaintiff is not seeking attorney's fees. Plaintiff believes that the defendant is not a minor or an incompetent individual. Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in the military service of the United States as defined in the Service Members Civil Relief Act as amended, I swear or affirm under the penalties of perjury that the foregoing representations are true. FURTHER AFFIANT SAYETH NOT. _Leck 2 Si ignature of Affiant Subscribed and sworn to before me this day of, Cpl. 23 Ly Notary Public 23021687 MARLENE CADWELL Notary Fublic, State of Michigan urty of Weyne sion Expires May, 16, 2029 Acting In Oakland County an Department of Defense Manpower Data Center Results 2s of: Apr-11-2023 00:00:21 AM SCRA 5.15 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-3340 Birth Date: Last Name: MCKAY First Name: SARAH Middle Name: Status As Of: Apr-41-2023 Certificate ID: D311J8BQ08F7F8R Ne This response rect ncvdual’ active duty stalus base ho Act ss Date 967. Days of sive No NA aby Sts ae a This response reflects whether report for active duty Upon searching the data banks of the Department of Defense Manpower Data Cen based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicememberor his/her unit receiving notification of future orders to reportfor Active Duty. Michgel V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers’ and Sailors’ Civil Relief Act of 1940). DMDC has issued hundreds of thousands of “does not possess any information indicating that the individual is currently on active duty” responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on “Active Duty Status” Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Priorto 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a numberof protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Copy of Electronic Original Not required to mail or fax this copy to Credit Acceptance RETAIL INSTALLMENT CONTRACT AccOUNT ME 8229 LoT #_Y6B Buyer Name and Address Co-Buyer Name and Address Creditor-Seller Name and Address SARAH MCKAY N/A PROFESSIONAL AUTO SALES & 3609 ROCKWOOD DR SERVICE INC. FORT WAYNE, IN 46815 4202 W WASHINGTON CENTER RD FORT WAYNE, IN 46818 “You” and “Your” mean each Buyer above, jointly and severally. “Us” and “We” mean Creditor-Seller and Creditor-Seller’s assignee. You may buy the Vehicle described below for cash or credit. he 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. You acknowledge delivery and acceptance of the Vehicle in good condition and repair. You promise to pay Us all amounts due under this Retail Installment Contract (“Contract”), including the Total Sale Price, in accordance with the payment schedule shown in the Truth in Lending Disclosures below. You also agree to the terms and conditions below (including the Truth in Lending Disclosures) and on the additional pages of this Contract. The Annual Percentage Rate may be negotiable with Us. Year and Make Model and Body Style Color Vehicle Identification Number Odometer Reading Used 2012 Hyundai Sonata 4D Sedan 2.4 SILVER SNPEB4AC5CH313911 91,631 TRUTH IN LENDING DISCLOSURES FINANCE Amount Total of Total Sale Price PERCENTAGE CHARGE Financed Payments The total cost of Your The dollar amount The amount of credit The amount You will urchase on credit, RATE provided to You or on have paid after You including Your The cost of Your the credit will cost You. Your behalf. have made all pay- down payment of credit as a yearly rate. ments as scheduled. g 1,642.00 is 22.99 %1$ 7,210.08 $ 13,396.80 $ 20,948.88 $ 22,248.88 Payment Schedule: Your payment schedule will be: No. of Payments Amount of Payments When Payments Are Due 1 $ 342.00 September 06, 2018 $ 48 $ 429.31 Monthly, beginning September 24, 2018 Security: You are giving a security interest in the goods or Vehicle being purchased. Late Charge: If a payment is more than 10 days late, You will be charged $17.50. The late charge dollar amount is subject to change as fe Indiana Code § 24-4 5-1-106, the pa’ formation hedul . Fe fe EC ARONIG-ORIGINAL mal spread th dat and pl itr LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS NOT INCLUDED. PROPERTY INSURANCE: You must insure the Vehicle securing this Contract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US, as more fully described on page 3. ARBITRATION: This Contract contains an Arbitration Clause that states You and We may elect to resolve any dispute b' arbitration and not by court action. See the Arbitration Clause on Page 5 of this contract for the full terms and conditions of the agreement to arbitra’ 'e. By initialing below, you confirm that you have read, understand and agree to the terms and conditions in the Arbitration Clause. ss Buyer's Initials Buyer's Initials 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. 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 informacién que ve en el formulario de la ventanilla para este vehiculo forma parte del presente contrato. La informacién del formulario de la ventanilla deja sin efecto toda disposicién en contrario contenida en el contrato de venta. ADDITIONAL TERMS AND TI CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE AGREEMENT TO ARBITRATE SET F N THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT te:AND ARE INCORPORATED HEREIN BY REFERENCE. Su) a Buyer's Initials INDIANA CREDIT ACEPTANCE CORPORATION (11-16) © 2012-2016 Credit Acceptance Corporation. Buyer's Initials All Rights Reserved. PAGE 1 of 5 ‘The original retail installment contract is assigned to Credit Acceptance Corporation. This copy was created on 08/24/2018 Copy of Electronic Original Not required to mail or fax this copy to Credit Acceptance ITEMIZATION OF AMOUNT FINANCED 1. Cash Price (including accessories and improvements to the Vehicle). $_12, 725.00 (4) 2. Sales Tax 820.75 (2) 3. Down-Payment Calculatior Cash Down Payment. Deferred Down Payment 342.00 (B) Trade-In Description: Gross Trade-In. $. 1,000.00 (¢c) Make:_OLDSMOBILE Model: AURA, Payoff Made by Seller $ 0.000 Net Trade-In (If negative number, Insert “0” in line 3(E) and itemize difference in 5(E) bel ow) ( C-D) $__1, 000.00 (E) Trade- In Description: Gross Trade-In. CNA (F) Make Model: My A Payoff Made by Seller $ N/A _(G) Net Trade-In (If negative number, Insert “O” in line 3(H) and itemize difference in 5(K) below) (F-G) $. N/A(H) Other: Manufacturers Rebate. N/A (I) Total Down Payment. (ASBSESHD 1, 642.00 (3) Unpaid Balance of Cash Price (1+ 2 less 3) 11,903.75 (4) Other Charges Including Amounts Paid to Others on Your Behalf: (NOTICE: A portion of these charges may be paid to or retained by Us.) *Cost of Required Physical Damage Insurance Paid to Insurance Company.... N/A (A) *Cost of Optional Extended Warranty or Service Contract Paid to the Company named below $. 1,308.00 (B) Cost of Fees Paid to Public Officials for Perfecting, Releasing or Satisfying a Security Interest $, N/A (C) Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration 36.05 (D) Other Charges (Seller must identify who will receive payment and describe purpose) to for lien or lease payoff N/A (E) “to N/A for Optional GAP Protectio1 N/A (F) *to THE SELLER for Professional Auto 149.00 (G) “to N/A for N/A N/A (Hi *toN/A for N/A N/A (I) *toN/A for N/A N/A (J) to N/A for lien or lease payoff. N/A (k) Total of Other Charges and Amounts Paid to Others on Your Behalf. $ 1,493.05 6) 6. Less Prepaid Finance Charge... N/A ere 7. Amount Financed - Unpaid Balance (4 + 5 less 6) “$ _13,396.80(7) zs OPN: CORT Ly.0 TBACE 2 to pu id tional indi rant Extende burcha: con! fartanty or epgir ede, bE sig of cog’ ietats ae} poutcd e thdics NS potes) Price $ 1, 308.00 Term: 12 Mos.\ 12000 Miles Company: Wynn's Extended Care, Inc Chp| [Sana hag ome 08/24/2018 Buyer's Signature Date Buyer's Signature Date GAP PROTECTION: Optional Guaranteed Auto Protection (GAP) is not required to obtain credit. GAP protection will not {his Contract unless You sign for it below and agree to pay the additional cost shown below and on Line 5F of the ITEMIZATI rovided under OF AMOUNT ion so ED. You may obtainoj tional GAP protection from a person of Your choice that is authorized to sell such coverage and is acceptable fo Us. The GAP contract issue: by the provider of the protection will describe the terms and conditions of coverage in further detail. If You want GAP protection, sign below. Cost: $ N/A Term: N/A Provider: N/A ****NOT PURCHASED - DO NOT SIGN**** Buyer's Signature Date Buyer's Signature Date NOTICE TO BUYER: 1. Do not sign this Contract in blank. 2. You are entitled to 1 true copy of the Contract You sign without charge. 3.Keep it to protect Your legal rights. You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract with all blanks filled in and that You have read it and understand Buyer's Signature: x Sata Weld nul Buyer's Signature: x Seller, PROFESSIONAL AUTO SALES & SERVICE INC pyle Mlawade nul Title: AGENT This Contract is signed by the Seller and Buyer(s) hereto this 24th day of. August 2018 INDIANA CREDIT ACCEPTANCE CORPORATION (11-16) © 2012-2016 Credit Acceptance Corporation. All Rights Reserved. PAGE 2 of 5 ‘The original retail installment contract is assigned to Credit Acceptance Corporation. This copy was created on 08/24/2018 Copy of Electronic Original Not required to mail or fax this copy to Credit Acceptance ADDITIONAL TERMS AND CONDITIONS Securi for the We } Interest. You give Us a security interest in: 1). The Vehicle and all parts or goods installed in it; 2) |. All money or goods received (proceeds) hicle; 3). All insurance, maintenance, service or other contracts fe finance for You; and 4). All proceeds from insurance, maintenance, / service or other contracts We finance for You (this includes any refunds of premiums). This secures payment of all You owe on this Contract and in any transfer, renewal, extension or assignment of this Contract. It also secures Your other agreements in this Contract. You agree to have the certificate of title show our security interest (lien) in the Vehicle. Late Charge. You promise to make all payments when due. If You fail to make a payment when it is due, You agree to pay Us a late charge as stated on page 1 of this Contract. You agree that We do not waive any of our rights by accepting one or more late payments from You. Bad Check Char; je. You a gree to pay Us a bad check charge of $25 (or such other amount permitted by applicable law) for any check or like instrument given by’ ‘ou to Us that is returned by Your bank because of insufficient funds or because Your bank account was closed. Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the Vehicle is damaged, destroyed or missing. Yor ur Other Promises to Us. You promise that: You will not remove the Vehicle from the United States or Canada. You will not sell, rent, lease or otherwise transfer any interest in the Vehicle or this Contract without our written permission. You will not expose the Vehicle to misuse or confiscation. You will not permit any other lien or security interest to be placed on the Vehicle. You will preserve and protect the Vehicle and keep it in good condition and repair. You will not use the Vehicle in a trade or business without our written consent. You will not use the Vehicle unlawfully or abandon it. If a governmental agency impounds the Vehicle, You will notify Us immediately and regain You wilP5 ossession of the Vehicle. We may regain possession of the Vehicle and treat it as a default. ay all taxes, assessments, rentals, charges, and other fees imposed on the Vehicle when they are due. If We pay any repair bills, storage i lls, taxes, fines, fees, or other charges on the Vehicle, You agree to repay the amount to Us. You will permit Us to inspect the Vehicle at any reasonable time. You will promptly sign, or cause others to sign, and give Us any documents We reasonably request to perfect our security interest. You have not made and will not make an untrue, misleading or incomplete statement in a credit application, this Contract or any information rovided in connection with this Contract. B ‘ou will Ir ‘omptly provide Us with any additional personal or financial information concerning You or any information about the Vehicle that We may reasonal ly request from time to time. You will imm« liately notify Us if You change Your name or address. Prepayment. You have the right to prepay Your account balance early without a penalty. If You prepay in full, You may be entitled to a refund credit of part of the pre-computed finance charge. This credit will be calculated in accordance wi the actuarial method. e will apply the credit to the amount You owe Us or if You paid Us more than the amount owed to Us under this Contract, We will refund it to You. A minimum finance charge of $45 may be charged. We will not credit or refund amounts less than $1.00. f If You prepay only a portion of the balance remaining under this Contract, We will a| ply the prepayment to Your account balance, however a g reontract ‘epayment will not excuse any later scheduled payments. You must still make all scheduled payments on time until Your obli, gation is paid in full. If You make a partial prepayment Your last payment or payments may be less than the scheduled amount under this Required Physical Damage Insurance. You must insure Yourself and Us for the term of this Contract against loss of, or physical damage t dal Ee YC eptabl e it Ci foci) iinte fe gid , ete t hi fe ntySitpermite | dai rance| ifsure ichicovers bo! ich co" rs redts | ang Us : We are under no obligation to buy any insurance, but may do so if We desire. If We buy either of these coverages, We will let You know what type it is and the charge You must pay. The amount You must y will be the premium for the insurance and a finance charge at the Annual Percentage ‘ate shown on this Contract. You agree to pay the amount and finance charge in equal installments along with the payments shown on the Payment Schedule. i If the Vehicle is lost or dama: ed, You agree that We can use any insurance settlement either to repair the Vehicle or aj If applied to Your account bal lance, the insurance settlement proceeds that do not pay Your obligation in full under thi: is partial payment. re ly to Your account balance. ‘ontract will be applied as a Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges for optional insurance, maintenance, service or warranty contracts. I if the Vehicle is repossessed, You agree that We may claim benefits under these contracts and terminate them to obtain refunds of unearned charges. Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If any charge for required insurance is returned to Us, it may be credited to Your account in accordance with the Prepayment section of this Contract or used to buy similar insurance which covers only our interest hs in the Vehicle. An refund on optional insurance, maintenance, service, warranty or other contracts obtained by Us will be credited to Your account in accordance with t ie Prepayment section of this Contract. Default and Acceleration of the Contract. You will be in default if: - You fail to pay any amount due under this Contract when it is due. - You break any of Your other promises You made in this Contract. - A proceeding in bankruptcy, receivership or insolvency is started by You or against You or Your property. If You are in default of this Contract, We may declare the entire unpaid balance of this Contract due and payable immediately at any time without notice to You, unless We are required by law to provide You with such notice, and subject to any right You may have to reinstate the Contract. In figuring what ‘ou owe, We will give You a refund of part of the Finance Charge figured the same as if You had prepaid Your obligation under this Contract in full. INDIANA CREDIT ACCEPTANCE CORPORATION (11-16) =>suyer's Initials [=e] © 2012-2016 Credit Acceptance Corporation. Buyer's Initials All Rights Reserved. PAGE 3 of 5 ‘The original retail installment contract is assigned to Credit Acceptance Corporation. This copy was created on 08/24/2018 Copy of Electronic Original Not required to mail or fax this copy to Credit Acceptance ADDITIONAL TERMS AND CONDITIONS Starter Interruption Device and GPS. You understand and agree that if You are in default, We may use any starter interruption device and/ or global positioning system (collectively, the Device) installed on the Vehicle to prevent the Vehicle from Starting and/or to locate the Vehicle when permissible law and default in order to restart the Vehi t the terms of this Contract allow Us to re| ossess the Vehicle. You agree that if the Vehicle is disabled, You will need to cure Your You acknowledge that You have been provided with a toll free telephone number that You may call, no more than once per month, if the Vehicle is disabled but You need an emergency activation which will allow the Vehicle to operate for 24 hours. Refer to the terms and conditions of the Buyer's Disclosure for additional information on 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, or the prc ‘opel rf where the Vehicle is stored, so lo! in as itis done peacefully and the law allows it. Any accessories, equipment or replacements will remain with th e veh jicle. You hereby acknowledge and agree that any personal property containe d wii in the Vehicle may be removed and held without liability to Us or our agent. It is Your responsibility to promptly and immediately contact Us to make arrangements for the return of Your personal property. You are responsible for paying all reasonable charges associated with the repossession. Getting before fe sell, lease, license or otherwise dispose of any or al preparation or processing. f of the the Vehicle Back After Repossession. If We rey ossess the Vehicle, You have the right to pay to get it back (redeem) at any time Vehicle in its present condition or following any commercially reasonable Sale of the Repossessed Vehicle. Any notice that is required to be given to You of an intended sale or transfer of the Vehicle will be mailed to Your last known address, as reflected in our records, in a reasonable period before the date of the intended sale or transfer (or such other period of time as is required by law). If the Vehicle is sold, We will use the net proceeds of the sale to pay all or part of Your debt. de The net t roceeds of the sale will be figured this way: Any charges for taking, holding, preparing for sale, fees ant court costs, if permitted by law, will be subtracted from the selling price. and selling the Vehicle, and any attorney If You owe Us less than the net proceeds of sale, We will pay You the difference, unless We are required to pay it to someone else. For example, We may be required to pay a lender who has given You a loan and has also taken a security interest in the Vehicle. If You owe more than the net proceeds of sale, You will pay Us the difference between the net proceeds of sale and what You owe when We ask for it, unless the law provides otherwise. If You do not pay this amount when asked, You may also be charged interest at the highest lawful rate until You do pay all You owe to Us. 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. Collection Costs. If We hire an attorney to collect what You owe and the attorney is not our salaried employee, You will pay the attorney’s 5 Py OF reasonable fee and any reasonable expenses We incur in realizing on the security interest. bb elayins wariin Enforcing © t Nt G OF Ri thts and Chan ges of this Contract. We can del: r9 enforcit is fe fdr ain from a our rit hts under this Contract without in SH ni ust y Ug re bi ny pargof , all oth} Interest After Maturity. You further agree to pay interest at the Annual Percentage Rate stated on page 1 of this Contract or at the highest rate the earlier of the date Your final payment is due or the date fi fe accelerate ermitted by applicable law, on any amounts that remain un| ai id after maturity of this Contract. For the purposes of this provision, maturity means. the Contract’ Judgment Rate. Interest on any judgment awarded on this Contract will be at 8% or at the highest rate permitted by applicable law" Governing Law. The terms of this Contract are governed by the law of the state of the Seller's address shown on page 1 of this Contract, except to the extent preempted by applicable federal law. ASSIGNMENT FOR VALUE RECEIVED, Seller hereby assigns and transfers all Seller’s right, title and interest in and to this Contract, and in and to the Vehicle described herein, to CREDIT ACCEPTANCE CORPORATIOI (“Assignee”), its successors and assigns, pursuant to and in accordance with the terms and conditions set forth in the existing dealer agreement between Seller and Assignee in effect on the date hereof. Seller gives Assignee full power, either in Assignee’s name or in Seller's name, to take all actions which Seller could have taken under this Contract. In order to induce Assignee to accept assignment of this Contract, Seller represents and warrants to Assignee as set forth in the existing dealer agreement. NOTICE OF ASSIGNMENT: The Seller has assigned this Contract to Credit Acceptance Corporation in accordance with the terms and conditions set forth below on this Contract. This assignment is without recourse. You must make all future ayments to: CREDIT ACCEPTANCE CORPORATION, 25505 WE: TWELVE MILE ROAD-SUITE 3000, SOUTHFIELD, ICHIGAN 48034-8339, 1-(800)-634-1506. signe PROFESSIONAL AUTO SALES & SERVICE INC. ‘Aug 2420 pucor AGENT Seller: By: Title: Z> Buyer's Initials INDIANA CREDIT ACCEPTANCE CORPORATION (11-16) © 2012-2016 Credit Acceptance Corporation. Buyer's Initials All Rights Reserved. PAGE 4 of 5 ‘The original retail installment contract is assigned to Credit Acceptance Corporation. This copy was created on 08/24/2018 Copy of Electronic Original Not required to mail or fax this copy to Credit Acceptance wo aenae wee eee Hae Hae Hee w--H- wore ero ee Gaeee Hee eee Hees ee ARBITRATION CLAUSE 2 This Arbitration Clause describes how a Dispute (as defined below) may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in court in front of a judge and/or and/or Seller's assignee (including, without limitation, Credit Acceptance jury. In this Arbitration Clause, “We” and “Us” mean Seller ‘orporation) or their employees, assignees, or any third party providin: any goods or services in connection with the origination, servicing and collection of amounts due under the Contract if such third party is name as a party between You and Us. “You” and “Your” means each juyer named above. Your Right to Reject: If You don’t want this Arbitration Clause to apply, You may reject it by mailing Us at P.O. Box 5070, Southfield, Michigan 48086-50° a written rejection notice that describes the Contract and tells Us that You are rejecting this Arbitration Clause. ? A e| jection sent in has other prov notice is only effective if it is signed by all buyers, co-buyers and cosigners and the envelope a post mark of 30 days or less after the date of this Contract. If You reject this Arbitration that the rejection notice is lause, that will not affect any ion of this Contract or the status of Your Contract. If You don’t reject this Arbitration Clause, it will be effective as of the date of this Contract. “Dispute” is any controversy or claim between You and Us arising out of or in an’ way related to this Contract, including, but not limited to, any default under this Contract, the collection of amounts due under this Contract, he e purchase, sale, delivery, set-up, quality of the Vehicle, advertising for the Vehicle or its financing, or any product or service included in this Contract. “Dispute” shall have the broadest meaning possible, ¥ and includes contract claims, and claims based on tort, violations of laws, statutes, ordinances or ré ulations or any other legal or equitable theories. Notwithstanding the foregoing, “Dispute” does not include any individual action brought by, ‘ou in small claims court or Your state’s equivalent court, unless such action is transferred, removed or appealed to a different court. “Dispute” does not include any repossession of the to Vehicle upon Your default and an’ exercise of the power of sale of the Vehicle under this Contract or any individual action by You to prevent Us from using any such remedy, so ng as such individual action does not involve a request for monetary relief of any kind. In addition, “dispute” does not include disputes about the validity, enforceability, coverage or sco) of this Arbitration Clause or any art thereof (including, without concerns the validity or enforceability of the Contract 4 limitation, the Class Action Waiver described in the sixth para raph of this Arbitration Clause, the last sentence of the seventh paragraph of this