Preview
FILED: NASSAU COUNTY CLERK 05/04/2023 03:43 PM INDEX NO. 604165/2023
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/04/2023
"A"
EXHIBIT
FILED: NASSAU COUNTY CLERK 05/04/2023 03:43 PM INDEX NO. 604165/2023
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/04/2023
&AW 553-NY-e 3/22
RETAIL INSTALMENT CONTRACT
SIMPLE FINANCE CHARGE
Buyer Name and Address Co-Buyer Name and Address Seller-Creditor (Name and Address)
(including County and Zip Code) (Including County and Zip Code)
ALEXM REITER MICHAELT REITER GOLDCOASTMASERATI
3893MILLROAD 2000ROYALCOURT 732NORTHERNBLVD
SEAFORD,NY NASSAU,11783 NORTHHILLS,NASSAU,NY 11040 GREATNECK,NY11021
You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on
"we" "us"
credit under the agreements in this contract. You agree to pay the Seller - Creditor (sometimes or in this contract) the Amount Financed
and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In-
Lending Disclosures below are part of this contract.
New/UsedlDemo Year Make and Model Vehicle Identification Number Primary Use For Which Purchased
Personal, farnily, or household unless
otherwise indicated below
USED 2022 BMWM8 WBSGVOC04NCJ27750 ¡ business
O agricultural D N/A
FEDERAL TRUTH-IN-LENDING DISCLOSURES GAP Waiver Notice
ANNUAL FINANCE Arnount Total of Total Sale O If this box is checked, and if the vehicle is a total loss
PERCENTAGE CHARGE Financed Payments Price because it is confiscated, damaged, or stolen, you will
RATE The dollar The amount of The amount you The total cost of not be liable for the gap amount.The gap amount is the
The cost of amount the credit provided will have paid after your purchase on
credit will to you or you have made all excess, if any, of (1) the amount you would owe under
your credit as credit, including .
a yearly rate. cost on your behalf. payments as your down this contract as of the date of loss if the vehicle were not
sch uled, payment of a total loss and you were to prepay the contract in full
· -
15,0 . 0m le get for cancelling optional
n i n service or other contracts),
7.74 % $ 33. 9 .27 $ 1 6 5 6 8.
e s (a) any past due payments and
Your
Number of
Payments
Payment Sched
Amount of
Payments
\ 9
e Will Be:f
re Due
(e) e ns esti te
.
d use you broke promises in this
Mual cash value of the vehicle
immediately before the loss.
75 $ 2,135.44 Monthly beginning 11/14/2022 Trade-In Payoff Agreement: Seller reliedon information
One Final from you and/or the lienholderor lessor of your trade-in
Payment Of On N/A vehicle to arrive at the payoffamountshown in item 2 of
$ N/A
the Itemizationof Amount Financedas the "PayoffMade
N/A Seller."You understandthat the amount quoted is
by an
estimate.
If the actual payoff amount is more than the amount
,shown in 2 you must pay the Seller the excess on
Late Charge. If payment Is not received in full within 0 days after , vil a to rge ) demand. If the actual payoff amount is less than the
of $ 1.00 or 5 % of the part of the a ent that is late w Iche r I _ eate . amountshown in 2 Seller will refundto you any overage
Prepayment If you pay early, you will not have to pay a n ity. Seller receivesfrom your prior lienholderor lessor.
Security Interest. You are giving a security interest in the purch
Additional information: See this contract for more information including information abou' n npayment 11, BuyerSignatureX
any required repayment in full before the scheduled date and security interest. Co-BuyerSignatureX
WARRANTIES
The followingparagraphdoesnot affectany warrantiescoveringthe vehiclethatthe manufacturermay provideor limit any rightsyou Inay haveunderthe LemonLawsor, for usedvehicles,
underthe certificateof serviceabilitythat was includedin your purchasecontract.Thefollowingparagraphalso doesnot apply if the vehicleis a usedvehicleyou boughtin NewYorkCity.
Unless the Seller makes a written warranty or enters into a service contract within 90 days of the date of this contract, the Seller makes no warranties on the vehicle. Making
no warrantles means that you get no express warranties, and no implied warrantles of merchantability or fitness for a particular purpose,
7he followingnotice only appliesto usedvehiclesboughtin NewYorkCity:
IMPORTANT NOTICE TO BUYER
(A) STATE LAW REQUIRES THAT SELLERS OF SECOND-HAND CARS CERTIFY IN WRITING TO THE BUYER THAT EACH CAR IS IN SAFE
CONDITION AT THE TIME OF SALE.
(B) THIS CERTIFICATION IS A GUARANTEE THAT THE CAR IS IN SAFE CONDITION AT THE TIME OF SALE.
(C) YOU HAVE A RIGHT TO REQUEST THE DEALER TO REPAIR OR TO PAY IN FULL FOR REPAlRS OF ANY UNSAFE CONDITION IN THE
CAR WHICH DOES NOT COMPLY WITH THIS CERTIFICATION.
(D) THIS BUSINESS IS LICENSED BY THE DEPARTMENT OF CONSUMER AFFAIRS, 42 BROADWAY, NEW YORK, NEW YORK 10004.
COMPLAINT PHONE: (212) 639-9675.
LAW 553-NY-e 3/22 v t Page 1 of 5
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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/04/2023
ITEMIZATIONOF AMOUNTFINANCED Insurance. You may buy the physicaldamageinsurance
this contract requires from anyone you choose who is
1 Cash Price (including $ 11,179.73 sales tax) $ 137,504.73 (1) acceptable to us. You may also provide the physical
damage insurance through an existing policy owned or
controlled by you that is acceptableto us. You are not
2 TotalDownpayment= requiredto buy any otherinsuranceto obtaincreditunless
Yourtrade-inis a 2019MERCEDES-BENZ
C-CLASS 55SWF8HB8KU319629 the box indicating Vendor'sSingle Interest Insuranceis
Year Make Model VehicleIdentificationNo. requiredis checkedbelow.
If any insurance is checked below, policies or
GrossTrade-InAllowance $ 55,000,00 certificates frorn the named insurance companies will
LessPayoffMade By Sellerto MBFINANCIAL $ 46,666,00 describethe termsand conditions.
(e)
EqualsNetTradeIn $ 8,334.00 Check the Insurance you want and sign below:
+ Cash $ 6,666,00 Optional Credit Insurance
+ Other N/A $ N/A O CreditLife: ¡ Buyer ¡ Co-Buyer O Both
+ Other N/A $ N/A O CreditDisability: O Buyer O Co-Buyer ¡ Both
+ OtherN/A $ N/A Premium:
"0" and see 41
(if totaldownpaymentis negative,enter below) $ 15,000.00 (2) CreditLife$ N/A
3 UnpaidBalanceof Cash Price(1 minus2) $ 122,504,73 (3) Credit Disability$ N/A
4 Other ChargesIncludingAmountsPaidto OthersonYourBehalf InsuranceCompanyName N/A
(Sellermaykeep part of theseamounts): ,N/A
A Costof OptionalCreditInsurancePaidto InsuranceCompanyor Companies HomeOfficeAddressN/A
Life $ N/A N/A
Disability $ N/A N/A Credit life insurance and credit disability insurance are
$
not required to obtain credit.Your decision to buy or not
B Vendor'sSingle InterestInsurancePaidto InsuranceCompany $ N/A
buy credit life insurance and credit disability insurance
C OtherOptionalInsurancePaidto InsuranceCompanyor Companies $ N/A will not be a factor in the credit approval process.They
D OfficialFeesPaidto Govemm will not be provided unless you sign and agree to pay
the extra cost. If you choose this insurance, the cost is
T- shown tem the Itemization of Amount
to N/A for N/A fe ce is based on your original
to N/A for N/A $ A ul . his insurance may not pay all you
this c ntr if you make late payments.Credit
E GovemmentTaxesNot In d d in CashP9ce $ A
n es not cover any increasein your
F GovemmentLicenseand/or es .._ n er of payments. Coverage for
N/A credit life insurance and credit disability insurance ends
on the original due date for the last payment unless a
REGISTRATION FEE 275.00
different term for the insurance is shown below.
G GovernmentCertificateof Title Fees $ N/A
H GovemmentWasteTire ManagementFee $ N/A
I OtherCharges(Sellermust identifywho is paid and describepurpose)
to N/A for PriorCredt or LeaseBalance(e) $ N/A Other Optional Insurance
Y to DEALER for DOCUMENTAT $ 175.00 O N/A N/A
to STATE for VEHICLEIN Typeof Insurance Term
E TIONFEE \ 10.00 __ ,
to EXPERIENCE for ROADH D $ N 121 00, \ ) PremiumS N/A
to N/ for N/A $ _ N/A InsuranceCompanyName N/A
to N/A for N/A // $ N/A N/A
to N/A for N/A HomeOfficeAddressN/A
to N/A for N/A $ 1/A N/A
to N/A for N/A $ N/A O N/A . N/A
to N/A for N/A N/A Typeof Insurance Term
$
to N/A for N/A $ N/A Premium$ N/A
to N/A for N/A $ N/A InsuranceCompanyName N/A
to N/A for N/A $ N/A N/A
TotalOtherChargesand AmpuntsPakito OthersonYourBehalf $ 3.755.00 (4) HomeOfficeAddress N/A
5 AmountFinanced(3 + 4) $ 126 259.73 (5) N/A
Other optional insuranceis not requiredto obtain credit.
Yourdecisionto buy or not buy otheroptionalinsurancewill
OPTION: O You pay no finance charge if the Amount Financed, item 5, is paid in full on or before not be a factorin the creditapprovalprocess.11willnot be
providedunlessyou signand agreeto pay the extracost.
N/A , Year N/A . SELLER'S INITIALS N/A I wantthe insurancecheckedabove.
Ç N/A N/A
Returned Check Charge: You agree to pay a charge of $ 20 if any check you give us BuyerSignature Date
is dishonored.
O VENDOR'SSINGLEINTERESTINSURANCE(VSIinsurance):If the precedingboxis checked,the CreditorrequiresVSI X N/A N/A
Co-BuyerSignature Date
insurancefor the initial term of the contractto protectthe Creditorfor loss or damageto the vehicle (collision,fire, theft,
concealment,skip).VSI insuranceis for the Creditor'ssole protection.This insurancedoes not protectyour interestin the THIS INSURANCE DOES NOT INCLUDE
vehicle.You may choose the insurance company through which the VSI insurance is obtained. If youelectto purchase
VSI insurancethroughthe Creditor,the cost of this insurance Is S N/A and is alsoshownin Item48 of the
CAUSED TO OTHERS.
Iternizationof AmountFinanced.The coverageis for the initialterm of the contract.
LAW 553-NY-e 3/22 vi Page 2 of 5
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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/04/2023
OTHER IMPORTANT AGREEMENTS
1. FINANCE CHARGE AND PAYMENTS if we choose, buy physical damage insurance. If we decide
a. How we will figure Finance Charge. We will figure the to buy physical damage insurance, we may either buy
Finance Charge on a daily basis at the Annual Percentage insurance that covers your interest and our interest in the
Rate on the unpaid part of the Amount Financed. vehicle, or buy insurance that covers only our interest. If we
b. How we will apply payments. We may apply each payment buy either type of insurance, we will tell you which type and
to the earned and unpaid part of the Finance Charge, to the the charge you must pay.The charge will be the premium for
unpaid part of the Amount Financed and to other amounts the insurance and a finance charge computed at the Annual
you owe under this contract in any order we choose as the Percentage Rate shown on page 1 of this contract.
law allows. If the vehicle is lost or damaged, you agree that we may use
c. How late payments or early payments change what you any insurance settlement to reduce what you owe or repair
must pay. We based the Finance Charge, Total of the vehicle.
Payments, and Total Sale Price shown on page 1 of this e. What happens to returned insurance, maintenance,
contract on the assumption that you will make every service, or other contract charges. If we get a refund of
payment on the day it is due. Your Finance Charge, Total of insurance, maintenance, service, or other contract charges,
Payments, and Total Sale Price will be more if you pay late we may subtract the refund from what you owe.
and less if you pay early. Changes may take the form of a
larger or smaller final payment or, at our option, more or 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
fewer payments of the same amount as your scheduled a. You may owe late charges. You will pay a late charge on
payment with a smaller final payment. We will send you a each late payment as shown on page 1 of this contract.
notice te[Iing you about these changes before the final Acceptance of a late payment or late charge does not
scheduled payment is due. excuse your late payment or mean that you may keep
d. You may prepay. You may prepay all or part of the unpaid making late payments.
part of the Amount t any time without penalty. If If you pay late, we may also take the steps described below.
you do so, you m ay the ined and unpaid part of e b. You may have to pay all you owe at once. If you break
Finance Charge all other unts : up e (d mand that you pay all you
your payment. nt t to any right you have to
r ±ln th ct for le see below). Default means:
2. YOUR OTHER PROM TO U " do nt on time;
a. If the vehicle is co , darhage . I or misleading information
The following paragraph does not apply if the box in the GAP during credit application;
Waiver Notice on page 1 of this contract is checked. " You start a proceeding in bankruptcy or one is started
You agree to pay us all you owe under this contract even if against you or your property; or
the vehicle is confiscated, damaged, or stolen. The terms " You break any agreements in this contract.
and conditions of your liability if the vehicle is confiscated, The amount you will owe will be the unpaid part of the
damaged, or stolen are described in a separate document Amount Financed plus the earned and unpaid part of the
you sign. The document is a part of this Prepaid Finance Charge and the Finance Charge, any late
b. Using the vehicle. You agree not to re the v cle from charges, and any amounts due because you defaulted.
the U.S. or Canada, or to sell, rent, e, or tr fer . Y ay ve to pay collection costs. If we hire an
interest in the vehicle or this contra t ithout our I en tto y o is not our salaried employee to collect what
permission. You agree not to expose vehicle to is se, ou . , ou will pay the attorney's fee and court costs as
seizure, confiscation, or involuntary t er. If w ny ermi by law. The maximum attorney's fee you will pay
repair bills, storage bills, taxes, fines, es on will be % of the amount you owe.
vehicle, you agree to repay the amount when we ask for it. d. W take the vehicle from you. If you default, we
c. Security Interest. m ake (repossess) the vehicle from you if we do so
You give us a security interest in: peacefully and the law allows it. If your vehicle has an
" The vehicle and all parts or goods put on it; electronic tracking device (such as GPS), you agree that we
" All money or goods received (proceeds) for the vehicle; may use the device to find the vehicle. If we take the vehicle,
" All insurance, maintenance, service, or other contracts any accessories, equipment, and replacement parts will stay
we finance for you; and with the vehicle. If any personal items are in the vehicle, we
" All proceeds from insurance, maintenance, service, or may store them for you. If you do not ask for these items
other contracts we finance for you. This includes any back, we may dispose of them as the law allows.
refunds of premiums or charges from the contracts. e. How you can get the vehicle back if we take it. If we
This secures payment of all you owe on this contract. It also repossess the vehicle, you may pay to get it back. If two
secures your other agreements in this contract. You will things are true, you have the right to get the vehicle back by
make sure the title shows our security interest (lien) in the paying all past due payments, any late charges, and any
vehicle. You will not allow any other security interest to be expenses we incurred related to retaking the vehicle, holding
placed on the title without our written permission. it, and preparing it for sale (reinstate). First, you must have
d. Insurance you must have on the vehicle. bought the vehicle primarily for personal, family, or
You agree to have physical damage insurance covering loss household use. Second, your only default is a failure to pay
of or damage to the vehicle for the term of this contract. The an instalment payrnent on time. Otherwise, we will tell you
insurance must cover our interest in the vehicle.You agree to how much to pay to get the vehicle back.Your right to get the
name us on your insurance policy as an additional insured vehicle back ends when we sell it.
and as loss payee. If you do not have this insurance, we may,
LAW 553-NY-e 3/22 vi Page 3 of 5
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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/04/2023
f. We will sell the vehicle if you do not get it back. if you do
not redeem, we will sell the vehicle. We will send you a 5. SERVICING AND COLLECTION CONTACTS
written notice of sale before selling the vehicle. You agree that we may try to contact you in writing, by e-mail, or
We will apply the money from the sale, less allowed using prerecorded/artificial voice messages, text messages, and
expenses, to the amount you owe. Allowed expenses are automatic telephone dialing systems, as the law allows. You also
expenses we pay as a direct result of taking the vehicle, agree that we may try to contact you in these and other ways at
holding it, preparing it for sale, and selling it. Attorney fees any address or telephone number you provide us, even if the
and court costs the law permits are also allowed expenses. telephone number is a cell phone number or the contact results
If any money is left (surplus), we will pay it to you unless the in a charge to you.
law requires us to pay it to someone else. If money from the
sale is not enough to pay the amount you owe, you must pay 6. APPLICABLE LAW
the rest to us. If you do not pay this amount when we ask, we Federal law and the law of the state of New York apply to this
may charge you interest at a rate not exceeding the highest contract.
lawful rate until you pay.
g. What we may do about optional insurance, main- Electronic and Signature ·Acknowledgment. You
Contracting
tenance, service, or other contracts. This contract may agree that (i) this contract is an electronic contract executed by you
contain charges for optional insurance, maintenance, using your electronic signature, (ii) your electronic signature signifies
· service, or other contracts. If we demand that you pay all you your intent to enter into this contract and that this contract be legally
owe at once or we repossess the vehicle, you agree that we valid and enforceable in accordance with its terms to the same extent
may claim benefits under these contracts and cancel them to as if you had executed this contract using your written signature and
obtain refunds of unearned charges to reduce what you owe (iii) the authoritative copy of this contract ("Authoritative Copy") shall
or repair the vehicle. If the vehicle is a total loss because it be that electronic copy that resides in a document management
is confiscated, damaged, or stolen, we may claim benefits system designated by us for the storage of authoritatlve copies of
under these contracts and cancei them to obtain refunds of electronic records, which shall be deemed held by us in the ordinary
uneamed charges to reduce what you owe. course of business. Notwithstanding the foregoing, if the Authoritative
Copy is ' converted by printing a paper copy which is marked by us as
4. Used Car Buyers G e. The i ormation you see on e "
ori Con acknowledge and agree
window form for I vehicle i r ar o a . .
1 hi electronic signature also
Information on the ndow form rerri s nt T ry
co s it I n a1 itvery o s ch Paper Contract, (2) your
provisions m the co tr ct of sal
el c o sig re s so t i contract, when affixed to the
Spanish 'liranslaton: co ra r (c it
er ite lid and binding signature on
usados. La información que ve en el orm o de a
the Paper Contract and (3) subsequent to such conversion, your
ventanilla para este vehiculo forma parte del presente
obligations will be evidenced by the Paper Contract alone.
contrato. La informacion del formularlo de la ventanilla deja
sin efecto toda disposición en contrario contenida en el
contrato de venta.
NOTICE: ANY HOLDER OFTHIS CONSU IT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAIN E S ER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR
WITH THE PROCEEDS HEREOF. REC V RY HER LL NOT EXCEED AMOUNTS PAID BY
THE DEBTOR HEREUNDER.
The preceding NOTICE applies only to go r ic ec ly for rsonal, family, or household use. In all other
cases, Buyer will not assert against any subsequent holder or assiga e o this co act any claims or defenses the Buyer (debtor)
may have against the Seller, or against the manufacturer of the ver in or eq ent obtained under this contract.
LAW 553-NY-e 3/22 vi Page 4 of 5
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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/04/2023
NO COOLING OFF PERIOD UNLESS YOU HAVE A CONTRACT CANCELLATION OPTION
"
State law does not provide for a "cooling off or cancellation period for this sale. After you sign this contract,
you may only cancel it if the seller agrees or for legal cause. You cannot cancel this contract simply because
you change your mind. This notice does not apply to home soilcitation sales. It also does not apply if you buy
a used vehicle from a Seller-Creditor located in New York City and you did not decline your option to cancel.The
laws of New York City provide a two-day cancellation option if you buy a used vehicle. This cancellation option
is subject to certain conditions. See the NYC Used Car Contract Cancellation Option agreement for details.
The Annuai Percentage Rate may be negotiable with the Seller. The Seller may assign this contract
and retain its right to receive a part of the Finance Charge.
HOWTHIS CONTRACTCAN BE CHANGED.This contractcontainsthe en t betweenyou and us relatingto this contract.Anychange contractmustbe in writingand
Buyer Signs X
we mustsignit. No oral changesare binding. Co-Buyer signs X
If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcingany of our rights under this contractwithout losing them. For example,we
may extend the time for making some paymentswithout extendingthe time for making others.
See the rest of this contract for other important agreements.
NOTICE TO BUYER: 1. Do not sign this agreement before you read it or if it contains any blank space. 2. You are entitled to a
completely filled in copy of this agreement. 3. Under the law, you have a right to pay off in advance the full amount due. If you
do so, you may, depending on the nature of the credit service charge, either: (a) prepay without penalty, or (b) under certain
circumstances obtain a rebate 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.You confirm that before you signed this contract, we gave it to you, and you were free to take
it and review it. You confirm that ou received a completely filled-in copy when you signed it.
RETAIL INSTALME T RACT
Buyer Signs X a ac 20 o-B y r I ns Date 09/30/2022
Buyer Printed Name ALEb REITER ar t lÒki I lxEÂt
"business"use
If the boxis checkedin "PrimaryUse for WhichPurchased":PrintName N/A Title N/A
Co-Buyersand Other Owners - A co-buyeris a person who is responsiblefor paying the entire debt. An other owner is a person whose name is on the litle to the vehicle but
does not haveto pay the debt.The otherowneragreesto thesecur ty in1erestIn the vehiclegivento us in thiscontract.
Otherownersignshere X N/A Address N/A
SellerRinns GOLDCOASTMASERATl Date 09/30/9077 Ry X 6 Tiire Fmanageri
ILAur ?M,2°2,32t=
OR U O EO
rªn"sESS F CONSULUR N E C NSEL. LAW 553-NY-e 3/22 vi Page 5 of 5
Preview
FILED: NASSAU COUNTY CLERK 05/04/2023 03:43 PM INDEX NO. 604165/2023 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/04/2023 "A" EXHIBIT FILED: NASSAU COUNTY CLERK 05/04/2023 03:43 PM INDEX NO. 604165/2023 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/04/2023 &AW 553-NY-e 3/22 RETAIL INSTALMENT CONTRACT SIMPLE FINANCE CHARGE Buyer Name and Address Co-Buyer Name and Address Seller-Creditor (Name and Address) (including County and Zip Code) (Including County and Zip Code) ALEXM REITER MICHAELT REITER GOLDCOASTMASERATI 3893MILLROAD 2000ROYALCOURT 732NORTHERNBLVD SEAFORD,NY NASSAU,11783 NORTHHILLS,NASSAU,NY 11040 GREATNECK,NY11021 You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on "we" "us" credit under the agreements in this contract. You agree to pay the Seller - Creditor (sometimes or in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In- Lending Disclosures below are part of this contract. New/UsedlDemo Year Make and Model Vehicle Identification Number Primary Use For Which Purchased Personal, farnily, or household unless otherwise indicated below USED 2022 BMWM8 WBSGVOC04NCJ27750 ¡ business O agricultural D N/A FEDERAL TRUTH-IN-LENDING DISCLOSURES GAP Waiver Notice ANNUAL FINANCE Arnount Total of Total Sale O If this box is checked, and if the vehicle is a total loss PERCENTAGE CHARGE Financed Payments Price because it is confiscated, damaged, or stolen, you will RATE The dollar The amount of The amount you The total cost of not be liable for the gap amount.The gap amount is the The cost of amount the credit provided will have paid after your purchase on credit will to you or you have made all excess, if any, of (1) the amount you would owe under your credit as credit, including . a yearly rate. cost on your behalf. payments as your down this contract as of the date of loss if the vehicle were not sch uled, payment of a total loss and you were to prepay the contract in full · - 15,0 . 0m le get for cancelling optional n i n service or other contracts), 7.74 % $ 33. 9 .27 $ 1 6 5 6 8. e s (a) any past due payments and Your Number of Payments Payment Sched Amount of Payments \ 9 e Will Be:f re Due (e) e ns esti te . d use you broke promises in this Mual cash value of the vehicle immediately before the loss. 75 $ 2,135.44 Monthly beginning 11/14/2022 Trade-In Payoff Agreement: Seller reliedon information One Final from you and/or the lienholderor lessor of your trade-in Payment Of On N/A vehicle to arrive at the payoffamountshown in item 2 of $ N/A the Itemizationof Amount Financedas the "PayoffMade N/A Seller."You understandthat the amount quoted is by an estimate. If the actual payoff amount is more than the amount ,shown in 2 you must pay the Seller the excess on Late Charge. If payment Is not received in full within 0 days after , vil a to rge ) demand. If the actual payoff amount is less than the of $ 1.00 or 5 % of the part of the a ent that is late w Iche r I _ eate . amountshown in 2 Seller will refundto you any overage Prepayment If you pay early, you will not have to pay a n ity. Seller receivesfrom your prior lienholderor lessor. Security Interest. You are giving a security interest in the purch Additional information: See this contract for more information including information abou' n npayment 11, BuyerSignatureX any required repayment in full before the scheduled date and security interest. Co-BuyerSignatureX WARRANTIES The followingparagraphdoesnot affectany warrantiescoveringthe vehiclethatthe manufacturermay provideor limit any rightsyou Inay haveunderthe LemonLawsor, for usedvehicles, underthe certificateof serviceabilitythat was includedin your purchasecontract.Thefollowingparagraphalso doesnot apply if the vehicleis a usedvehicleyou boughtin NewYorkCity. Unless the Seller makes a written warranty or enters into a service contract within 90 days of the date of this contract, the Seller makes no warranties on the vehicle. Making no warrantles means that you get no express warranties, and no implied warrantles of merchantability or fitness for a particular purpose, 7he followingnotice only appliesto usedvehiclesboughtin NewYorkCity: IMPORTANT NOTICE TO BUYER (A) STATE LAW REQUIRES THAT SELLERS OF SECOND-HAND CARS CERTIFY IN WRITING TO THE BUYER THAT EACH CAR IS IN SAFE CONDITION AT THE TIME OF SALE. (B) THIS CERTIFICATION IS A GUARANTEE THAT THE CAR IS IN SAFE CONDITION AT THE TIME OF SALE. (C) YOU HAVE A RIGHT TO REQUEST THE DEALER TO REPAIR OR TO PAY IN FULL FOR REPAlRS OF ANY UNSAFE CONDITION IN THE CAR WHICH DOES NOT COMPLY WITH THIS CERTIFICATION. (D) THIS BUSINESS IS LICENSED BY THE DEPARTMENT OF CONSUMER AFFAIRS, 42 BROADWAY, NEW YORK, NEW YORK 10004. COMPLAINT PHONE: (212) 639-9675. LAW 553-NY-e 3/22 v t Page 1 of 5 FILED: NASSAU COUNTY CLERK 05/04/2023 03:43 PM INDEX NO. 604165/2023 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/04/2023 ITEMIZATIONOF AMOUNTFINANCED Insurance. You may buy the physicaldamageinsurance this contract requires from anyone you choose who is 1 Cash Price (including $ 11,179.73 sales tax) $ 137,504.73 (1) acceptable to us. You may also provide the physical damage insurance through an existing policy owned or controlled by you that is acceptableto us. You are not 2 TotalDownpayment= requiredto buy any otherinsuranceto obtaincreditunless Yourtrade-inis a 2019MERCEDES-BENZ C-CLASS 55SWF8HB8KU319629 the box indicating Vendor'sSingle Interest Insuranceis Year Make Model VehicleIdentificationNo. requiredis checkedbelow. If any insurance is checked below, policies or GrossTrade-InAllowance $ 55,000,00 certificates frorn the named insurance companies will LessPayoffMade By Sellerto MBFINANCIAL $ 46,666,00 describethe termsand conditions. (e) EqualsNetTradeIn $ 8,334.00 Check the Insurance you want and sign below: + Cash $ 6,666,00 Optional Credit Insurance + Other N/A $ N/A O CreditLife: ¡ Buyer ¡ Co-Buyer O Both + Other N/A $ N/A O CreditDisability: O Buyer O Co-Buyer ¡ Both + OtherN/A $ N/A Premium: "0" and see 41 (if totaldownpaymentis negative,enter below) $ 15,000.00 (2) CreditLife$ N/A 3 UnpaidBalanceof Cash Price(1 minus2) $ 122,504,73 (3) Credit Disability$ N/A 4 Other ChargesIncludingAmountsPaidto OthersonYourBehalf InsuranceCompanyName N/A (Sellermaykeep part of theseamounts): ,N/A A Costof OptionalCreditInsurancePaidto InsuranceCompanyor Companies HomeOfficeAddressN/A Life $ N/A N/A Disability $ N/A N/A Credit life insurance and credit disability insurance are $ not required to obtain credit.Your decision to buy or not B Vendor'sSingle InterestInsurancePaidto InsuranceCompany $ N/A buy credit life insurance and credit disability insurance C OtherOptionalInsurancePaidto InsuranceCompanyor Companies $ N/A will not be a factor in the credit approval process.They D OfficialFeesPaidto Govemm will not be provided unless you sign and agree to pay the extra cost. If you choose this insurance, the cost is T- shown tem the Itemization of Amount to N/A for N/A fe ce is based on your original to N/A for N/A $ A ul . his insurance may not pay all you this c ntr if you make late payments.Credit E GovemmentTaxesNot In d d in CashP9ce $ A n es not cover any increasein your F GovemmentLicenseand/or es .._ n er of payments. Coverage for N/A credit life insurance and credit disability insurance ends on the original due date for the last payment unless a REGISTRATION FEE 275.00 different term for the insurance is shown below. G GovernmentCertificateof Title Fees $ N/A H GovemmentWasteTire ManagementFee $ N/A I OtherCharges(Sellermust identifywho is paid and describepurpose) to N/A for PriorCredt or LeaseBalance(e) $ N/A Other Optional Insurance Y to DEALER for DOCUMENTAT $ 175.00 O N/A N/A to STATE for VEHICLEIN Typeof Insurance Term E TIONFEE \ 10.00 __ , to EXPERIENCE for ROADH D $ N 121 00, \ ) PremiumS N/A to N/ for N/A $ _ N/A InsuranceCompanyName N/A to N/A for N/A // $ N/A N/A to N/A for N/A HomeOfficeAddressN/A to N/A for N/A $ 1/A N/A to N/A for N/A $ N/A O N/A . N/A to N/A for N/A N/A Typeof Insurance Term $ to N/A for N/A $ N/A Premium$ N/A to N/A for N/A $ N/A InsuranceCompanyName N/A to N/A for N/A $ N/A N/A TotalOtherChargesand AmpuntsPakito OthersonYourBehalf $ 3.755.00 (4) HomeOfficeAddress N/A 5 AmountFinanced(3 + 4) $ 126 259.73 (5) N/A Other optional insuranceis not requiredto obtain credit. Yourdecisionto buy or not buy otheroptionalinsurancewill OPTION: O You pay no finance charge if the Amount Financed, item 5, is paid in full on or before not be a factorin the creditapprovalprocess.11willnot be providedunlessyou signand agreeto pay the extracost. N/A , Year N/A . SELLER'S INITIALS N/A I wantthe insurancecheckedabove. Ç N/A N/A Returned Check Charge: You agree to pay a charge of $ 20 if any check you give us BuyerSignature Date is dishonored. O VENDOR'SSINGLEINTERESTINSURANCE(VSIinsurance):If the precedingboxis checked,the CreditorrequiresVSI X N/A N/A Co-BuyerSignature Date insurancefor the initial term of the contractto protectthe Creditorfor loss or damageto the vehicle (collision,fire, theft, concealment,skip).VSI insuranceis for the Creditor'ssole protection.This insurancedoes not protectyour interestin the THIS INSURANCE DOES NOT INCLUDE vehicle.You may choose the insurance company through which the VSI insurance is obtained. If youelectto purchase VSI insurancethroughthe Creditor,the cost of this insurance Is S N/A and is alsoshownin Item48 of the CAUSED TO OTHERS. Iternizationof AmountFinanced.The coverageis for the initialterm of the contract. LAW 553-NY-e 3/22 vi Page 2 of 5 FILED: NASSAU COUNTY CLERK 05/04/2023 03:43 PM INDEX NO. 604165/2023 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/04/2023 OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS if we choose, buy physical damage insurance. If we decide a. How we will figure Finance Charge. We will figure the to buy physical damage insurance, we may either buy Finance Charge on a daily basis at the Annual Percentage insurance that covers your interest and our interest in the Rate on the unpaid part of the Amount Financed. vehicle, or buy insurance that covers only our interest. If we b. How we will apply payments. We may apply each payment buy either type of insurance, we will tell you which type and to the earned and unpaid part of the Finance Charge, to the the charge you must pay.The charge will be the premium for unpaid part of the Amount Financed and to other amounts the insurance and a finance charge computed at the Annual you owe under this contract in any order we choose as the Percentage Rate shown on page 1 of this contract. law allows. If the vehicle is lost or damaged, you agree that we may use c. How late payments or early payments change what you any insurance settlement to reduce what you owe or repair must pay. We based the Finance Charge, Total of the vehicle. Payments, and Total Sale Price shown on page 1 of this e. What happens to returned insurance, maintenance, contract on the assumption that you will make every service, or other contract charges. If we get a refund of payment on the day it is due. Your Finance Charge, Total of insurance, maintenance, service, or other contract charges, Payments, and Total Sale Price will be more if you pay late we may subtract the refund from what you owe. and less if you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES fewer payments of the same amount as your scheduled a. You may owe late charges. You will pay a late charge on payment with a smaller final payment. We will send you a each late payment as shown on page 1 of this contract. notice te[Iing you about these changes before the final Acceptance of a late payment or late charge does not scheduled payment is due. excuse your late payment or mean that you may keep d. You may prepay. You may prepay all or part of the unpaid making late payments. part of the Amount t any time without penalty. If If you pay late, we may also take the steps described below. you do so, you m ay the ined and unpaid part of e b. You may have to pay all you owe at once. If you break Finance Charge all other unts : up e (d mand that you pay all you your payment. nt t to any right you have to r ±ln th ct for le see below). Default means: 2. YOUR OTHER PROM TO U " do nt on time; a. If the vehicle is co , darhage . I or misleading information The following paragraph does not apply if the box in the GAP during credit application; Waiver Notice on page 1 of this contract is checked. " You start a proceeding in bankruptcy or one is started You agree to pay us all you owe under this contract even if against you or your property; or the vehicle is confiscated, damaged, or stolen. The terms " You break any agreements in this contract. and conditions of your liability if the vehicle is confiscated, The amount you will owe will be the unpaid part of the damaged, or stolen are described in a separate document Amount Financed plus the earned and unpaid part of the you sign. The document is a part of this Prepaid Finance Charge and the Finance Charge, any late b. Using the vehicle. You agree not to re the v cle from charges, and any amounts due because you defaulted. the U.S. or Canada, or to sell, rent, e, or tr fer . Y ay ve to pay collection costs. If we hire an interest in the vehicle or this contra t ithout our I en tto y o is not our salaried employee to collect what permission. You agree not to expose vehicle to is se, ou . , ou will pay the attorney's fee and court costs as seizure, confiscation, or involuntary t er. If w ny ermi by law. The maximum attorney's fee you will pay repair bills, storage bills, taxes, fines, es on will be % of the amount you owe. vehicle, you agree to repay the amount when we ask for it. d. W take the vehicle from you. If you default, we c. Security Interest. m ake (repossess) the vehicle from you if we do so You give us a security interest in: peacefully and the law allows it. If your vehicle has an " The vehicle and all parts or goods put on it; electronic tracking device (such as GPS), you agree that we " All money or goods received (proceeds) for the vehicle; may use the device to find the vehicle. If we take the vehicle, " All insurance, maintenance, service, or other contracts any accessories, equipment, and replacement parts will stay we finance for you; and with the vehicle. If any personal items are in the vehicle, we " All proceeds from insurance, maintenance, service, or may store them for you. If you do not ask for these items other contracts we finance for you. This includes any back, we may dispose of them as the law allows. refunds of premiums or charges from the contracts. e. How you can get the vehicle back if we take it. If we This secures payment of all you owe on this contract. It also repossess the vehicle, you may pay to get it back. If two secures your other agreements in this contract. You will things are true, you have the right to get the vehicle back by make sure the title shows our security interest (lien) in the paying all past due payments, any late charges, and any vehicle. You will not allow any other security interest to be expenses we incurred related to retaking the vehicle, holding placed on the title without our written permission. it, and preparing it for sale (reinstate). First, you must have d. Insurance you must have on the vehicle. bought the vehicle primarily for personal, family, or You agree to have physical damage insurance covering loss household use. Second, your only default is a failure to pay of or damage to the vehicle for the term of this contract. The an instalment payrnent on time. Otherwise, we will tell you insurance must cover our interest in the vehicle.You agree to how much to pay to get the vehicle back.Your right to get the name us on your insurance policy as an additional insured vehicle back ends when we sell it. and as loss payee. If you do not have this insurance, we may, LAW 553-NY-e 3/22 vi Page 3 of 5 FILED: NASSAU COUNTY CLERK 05/04/2023 03:43 PM INDEX NO. 604165/2023 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/04/2023 f. We will sell the vehicle if you do not get it back. if you do not redeem, we will sell the vehicle. We will send you a 5. SERVICING AND COLLECTION CONTACTS written notice of sale before selling the vehicle. You agree that we may try to contact you in writing, by e-mail, or We will apply the money from the sale, less allowed using prerecorded/artificial voice messages, text messages, and expenses, to the amount you owe. Allowed expenses are automatic telephone dialing systems, as the law allows. You also expenses we pay as a direct result of taking the vehicle, agree that we may try to contact you in these and other ways at holding it, preparing it for sale, and selling it. Attorney fees any address or telephone number you provide us, even if the and court costs the law permits are also allowed expenses. telephone number is a cell phone number or the contact results If any money is left (surplus), we will pay it to you unless the in a charge to you. law requires us to pay it to someone else. If money from the sale is not enough to pay the amount you owe, you must pay 6. APPLICABLE LAW the rest to us. If you do not pay this amount when we ask, we Federal law and the law of the state of New York apply to this may charge you interest at a rate not exceeding the highest contract. lawful rate until you pay. g. What we may do about optional insurance, main- Electronic and Signature ·Acknowledgment. You Contracting tenance, service, or other contracts. This contract may agree that (i) this contract is an electronic contract executed by you contain charges for optional insurance, maintenance, using your electronic signature, (ii) your electronic signature signifies · service, or other contracts. If we demand that you pay all you your intent to enter into this contract and that this contract be legally owe at once or we repossess the vehicle, you agree that we valid and enforceable in accordance with its terms to the same extent may claim benefits under these contracts and cancel them to as if you had executed this contract using your written signature and obtain refunds of unearned charges to reduce what you owe (iii) the authoritative copy of this contract ("Authoritative Copy") shall or repair the vehicle. If the vehicle is a total loss because it be that electronic copy that resides in a document management is confiscated, damaged, or stolen, we may claim benefits system designated by us for the storage of authoritatlve copies of under these contracts and cancei them to obtain refunds of electronic records, which shall be deemed held by us in the ordinary uneamed charges to reduce what you owe. course of business. Notwithstanding the foregoing, if the Authoritative Copy is ' converted by printing a paper copy which is marked by us as 4. Used Car Buyers G e. The i ormation you see on e " ori Con acknowledge and agree window form for I vehicle i r ar o a . . 1 hi electronic signature also Information on the ndow form rerri s nt T ry co s it I n a1 itvery o s ch Paper Contract, (2) your provisions m the co tr ct of sal el c o sig re s so t i contract, when affixed to the Spanish 'liranslaton: co ra r (c it er ite lid and binding signature on usados. La información que ve en el orm o de a the Paper Contract and (3) subsequent to such conversion, your ventanilla para este vehiculo forma parte del presente obligations will be evidenced by the Paper Contract alone. contrato. La informacion del formularlo de la ventanilla deja sin efecto toda disposición en contrario contenida en el contrato de venta. NOTICE: ANY HOLDER OFTHIS CONSU IT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAIN E S ER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. REC V RY HER LL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. The preceding NOTICE applies only to go r ic ec ly for rsonal, family, or household use. In all other cases, Buyer will not assert against any subsequent holder or assiga e o this co act any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the ver in or eq ent obtained under this contract. LAW 553-NY-e 3/22 vi Page 4 of 5 FILED: NASSAU COUNTY CLERK 05/04/2023 03:43 PM INDEX NO. 604165/2023 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/04/2023 NO COOLING OFF PERIOD UNLESS YOU HAVE A CONTRACT CANCELLATION OPTION " State law does not provide for a "cooling off or cancellation period for this sale. After you sign this contract, you may only cancel it if the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home soilcitation sales. It also does not apply if you buy a used vehicle from a Seller-Creditor located in New York City and you did not decline your option to cancel.The laws of New York City provide a two-day cancellation option if you buy a used vehicle. This cancellation option is subject to certain conditions. See the NYC Used Car Contract Cancellation Option agreement for details. The Annuai Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. HOWTHIS CONTRACTCAN BE CHANGED.This contractcontainsthe en t betweenyou and us relatingto this contract.Anychange contractmustbe in writingand Buyer Signs X we mustsignit. No oral changesare binding. Co-Buyer signs X If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcingany of our rights under this contractwithout losing them. For example,we may extend the time for making some paymentswithout extendingthe time for making others. See the rest of this contract for other important agreements. NOTICE TO BUYER: 1. Do not sign this agreement before you read it or if it contains any blank space. 2. You are entitled to a completely filled in copy of this agreement. 3. Under the law, you have a right to pay off in advance the full amount due. If you do so, you may, depending on the nature of the credit service charge, either: (a) prepay without penalty, or (b) under certain circumstances obtain a rebate 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.You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You confirm that ou received a completely filled-in copy when you signed it. RETAIL INSTALME T RACT Buyer Signs X a ac 20 o-B y r I ns Date 09/30/2022 Buyer Printed Name ALEb REITER ar t lÒki I lxEÂt "business"use If the boxis checkedin "PrimaryUse for WhichPurchased":PrintName N/A Title N/A Co-Buyersand Other Owners - A co-buyeris a person who is responsiblefor paying the entire debt. An other owner is a person whose name is on the litle to the vehicle but does not haveto pay the debt.The otherowneragreesto thesecur ty in1erestIn the vehiclegivento us in thiscontract. Otherownersignshere X N/A Address N/A SellerRinns GOLDCOASTMASERATl Date 09/30/9077 Ry X 6 Tiire Fmanageri ILAur ?M,2°2,32t= OR U O EO rªn"sESS F CONSULUR N E C NSEL. LAW 553-NY-e 3/22 vi Page 5 of 5