Preview
FILED: ONONDAGA COUNTY CLERK 08/30/2021 02:31 PM INDEX NO. 005315/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/30/2021
AFFIDAVIT OF FACTS
COUNTY OF ÛS )E.,
Cp )
) ss.:
STATE OF f)Qs22 ) n )
1. I am an officer of Timebuyer, and I have personal knowledge of and access to Timebuyer's books and records
("Business Records"), including electronic records, relation to the account of Deana Wixson's . The last four
digits of the Account iiüiiiber are 9 . In my position, I have personal knowledge of Timebuyer's
procedures for creating and maintaining its business records. Timebuyer's business records were made in the
regular course of business and it was the regular course of such business to make the business records. The
records were made at or near the time of the events recorded. Based on my review of Timchuyer's business
records, I have personal knowledge of the facts set forth in this affidavit.
2. Timebuyer and Deana Wixson entered into a credit agreement ("agreement"). Defendant(s) agreed to pay
Timebuyer for all goods, services, and cash advances provided pursuant to the Ag coinont. The amount of the last
paymêñt, if any, made by Deana Wixson was $ S?Sce> was made on O©f Q/G6/8 Deana Wixson
is/are now in default and demand for paymeñt has been made. A true copy of the Agreement is attached as an
exhibit to this affidavit.
3. I have personal knowledge of Timebuyer's procedures for generating and mailing account statements to
customers. It is the regular practice of Timebuyer's business to provide periodic account statements to customers.
On or about June 5, 2019 , Timebuyer sent one or more account statements relating to the account to
Defendant(s) stating the silicüñt due as $3,994.82 The account statement was mailed to Deana Wixson's last
known address and Timebuyer's records do not reflect that the statement was returned by the post office. A true
and correct copy of the final account statement letter is attached as an exhibit to this affidavit.
4. At this time, Deana Wixson owe(s) $3,994.82 on the acconiit. This amount includes a charge off balance of
$5,244.82 , post charge off interest of $0.00 , post charge off fees of $350.00 ,less any post charge off credit
(i.e. sale price of vehicle) or payments made by or on behalf of Deana Wixson of $1.600.00 ,
WHEREFORE, deponent demands judgment against Deana Wixson for $3,994.82 plus interest from June 5.
2019 , together with the costs and disbursements of this action.
The above stateiiiciits are true and correct to the best of my personal knowledge.
Dated:
Signature
Print or Type Name
Vfo
Print or Type Title
I hereby certify under my official seal/stamp
that I am authorized as a Notary Public to
admi 'ster oa s pnder the laws of the State
of -fif/ 7/M and that the foregoing was GARY L MACE
OF NEW YORK
subscribed and sworn to before me in the day NOTARY PUBLIC, STATE
and year 1 t above s ate .
I N PIR /30/
COMM
OSWEGO COUNTY
QUALIFIED IN
Notary Pub
1 of 5
FILED: ONONDAGA COUNTY CLERK 08/30/2021 02:31 PM INDEX NO. 005315/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/30/2021
*************
Timebuyer
• Take Pay"
"Drive It Away Time to
113-119 EAST BRIDGE STREET • OSWEGO, NEW YORK • 13126
CORPORATE OFFICE PHONE: 315 342-1851 - FAX: 315 3 4 2-3386
06/05/2019
fÚ /fon
Deana Wixson
55 Homeland Rd.
North Syracuse, NY 13212
Re: Delinquent Account
Dear Deana Wixson:
We are contacting you regarding your failure to pay for the car loan given by Timebuyer to you for the
purchase of your vehicle. You have failed to make the required payments so Timebuyer was forced to
repossess your vehicle. Your vehicle was sold and the accounting of that sale is listed below. As of the
date of this letter the amount due is $3,994.82.
In order to prevent further action by Timebuyer, you must call our offices at 315-342-1851 within
three days of receipt of this letter. Please be advised that Timebuyer intends to pursue all legal rights
and remedies it has under the financing contract which include commencement of a lawsuit for the
collection of the outstanding monies owed Timebuyer and such amounts include but are not limited to
the unpaid principal balance of the loan, accumulated interest, court costs, expenses for retainiñg,
attorneys'
storing, repairing and selling the property, collection and other fees, including fees.
Accounting of Costs Sale Price Total Owed
Principal, Interest, Late/NSF Fees to date $ 5,244.82
Repo & Storage Fees $ 150.00
Reconditioning/Transport/Auction fees $ 200.00
Legal Fees $ 0.00
Total*
$ 5,594.82
-
$1,600.00
= $3,994.82
*All accounting costs are asofthe date ofthis letter
and will increaseovertime with the accumulationof
interestand/orfees.
Your immediate attention to this matter is expected and we thank you for your anticipated cooperation.
Very truly yours,
Timebuyer Collections Department
Robeit Tornatore
Collections Supervisor
Revised 06/03/l I
1854482.26/3/2011
2 of 5
FILED: ONONDAGA COUNTY CLERK 08/30/2021 02:31 PM INDEX NO. 005315/2021
2019-04-16
NYSCEF 11:025
DOC. NO. T imebuyer Fulton 3154022655 » Loan Origination RECEIVED P 5/7
NYSCEF: 08/30/2021
"me" ("you"
RETAILINSTALLMENT C3NTI ACT Buyer(s) ("I", or "my") Name & Address Seller or "your") Name & Address
AND SECURITY AGRE EMEI T .
So.
1/B/Ul6 ,rmw 1 Enn, 3 13089
SALE: I agree to psichase ths property descIibed below eMina to the follassiag terms, Including those on the re ise side. The vehicle is sold In Its
present condillon.
Description of Year : 007 VIN 2CEDÙ/31t476011966
.
Motor Vehicle Make I GNTIAC LIc. No. Other
Purchased Model Pamud O New , Q Used
Description of .
Trade-in
Promise to Pay: I promise 13 pa to you the Total of Paymêñia shown below In eéseetive ;.:td!merts in the number, amount, and at the times
indicated in the Payment Sch3dule shown below. The Finance Charge, if any, begins to accrue on the date of this yontract, or on such a later date that .
ou asiab||sh. Payments nxeived|will be applied first to any late charges then or past due, finance chaiges, and there after to the unpaid principal .
elance of the Total of Payméñts. Any amount ===!n!ng unpaid on the final payment due date will be due in full on that date.
ANNUAL | FINANCE AMOUNT FINANCED .TOTAL OF PAYMENTS TOTAL SALE PRICE
PERCENTAGE RATE CHARGE The amourtt of credit . The amount I will have The total cost of my p"rche=e
The cost of my credit The ilollar amount the provided to me or paid after I have made on credit, including my down
as.a yearly r ate. orédit will cost me. on my behalf. all scheduled payments.
payment of $
12.99 · S S
2342.SS 1930s.ss ups se
Payment Schedule: My p rner schedule will be
Nu r of Paymañts A loun of Payments When Psyrasñts Are Due
36 362.38 wamsMy Paymentshegimen01/13/2017
Security Interest: I am gi Ing a security interest in the goods or property being purchased.
Late Charae: If a paymêñ is nollpaid in full within 10 days after it Is due, I will pay a late charge of 5% of the amo.unt of the payment that is late,
with a minimum charge of 5.00
PreDaVment.
if I pay off e rly, l ynay be entitled to a refund of part of the Credit Service Charge.
Add?±a! !der=!ttlom I can sée the tenns of this contract for additional infonn=Hon about ncñp-y-ent default,)ny required repaymsat in full
before the scinidüied date,)and Ijfepayment refunds and penaltles. -
JREDIT INSURANCE: Cn dit life insurance and Credit disability ITEMIZATl0N OF A OUNT FINANCED
nsurance are not required o obtain credit, and will not be provided
t Cash Price (incl. sales tax of $ ate w) $
unless I sign and agree to par the additional costs. We are quoting below
2. Down Payment Computation
ONLY the coverages I have c losert to purchase-
(a) Gross Trade-In Allowance $_. . . N/A
remium Term Pay-Off (if any) $
(b) N/4
Credt Ufe --
(c) Net Trade-in (a-b) $ N/A
Credit Disability /A
(d) Cash Down Payment l $ ... $500.00
Joint Credit Ùfe T/A
(e) Total Down Payment (o+ d) $ 500,00
My ågristü a below means I uant (enly) the insurance coverages quoted
above. If none are quoted, I h we dealined any coverages you offered. 3. Unpaid Balance of Cash Price (1 ty inus 20) $ 10,54732
.. 4. Other Charges 1
. I (a) Service Contract Pald to Seller $ N/A
Buyer d/6/b Buyer d/o/b
RegWagon Caspee $
PROPERTY INSURANCE: I must insure the Motor Vehicle that is the
subject of.this Contract. I hav± the legal right to purchase such insurance (c). Gap Walver Paid to Seller. , $. .. . . 0.01
through any insurance carr ny jreasonably acceptable to you. The DoePeePaidh 8sRar 7100
(d)
. lision: and comprehens coýerage deductible may not exceed
$5 0.00, lfi choose topumb se coperage through you, I will pay NYEInspectica 21.00
(e)
N/A · f at of tweege. 5. Subtotal (3 plus 4(s) through 4(e)) ··
$ 10.703.33
This prop©erly insurance prem urh isicsiteated as follows:
0. Prepald Finance Charge $ pfa .
O Fire-Theft and combined ditiobal Coverage $
7. Amount Financed (5 minus 6) $ 10,70).33
N/A R/A
O $ Deductible ollision Coverage $
N/A : ,__ N/A Warranties: I Undarstand and agree that no warrantles (expressed or
O $ Deductible empre:=asive Coveráge $
implied), resssêrestbñs, promisesfor statements as to the condition,
i iam t--==--2 .---::--.. 6.:hndnu Inluns and -.-.-.-=±.: damana fitness (either generally or for a punpular purpose), or m-A2eteBEy of
3 of 5
FILED: ONONDAGA COUNTY CLERK 08/30/2021 02:31 PM INDEX NO. 005315/2021
2019-04-16DOC. NO.
NYSCEF 11:035 Timebuyer Fulton 3154022655 » L oan Or i g i naRECEIVED
t i on P 6/ 08/30/2021
NYSCEF: 7
WA for of coverage. 5. Subtotal (3 plus 4(a) through 4(e)) $ 10.703.33 ·
This property Insurance pam!urn follows·
is calculated as
6. Prepaid Finance Charge $ w a
O Fire-Theft and combined Additional Coverage $
7. Amount Financed (5 minus 6) $ 10//p3.33
N/A W/A
O $ Deductible Collision Coverage $
WA -N/A . Warrantles: I üñderstand and agree that no warrantles (expressed or
O $ Deductible Comprehensive Coverage $
impiled), representations, promises, or statements as to the condition,
Insurance coverage for bodily injury damage fitness (either generally or for a perficu!er purpose), or merchantability of
Liability and:property ,
caused to others is not !nduded inlhis Contract unless Checked the property 'ha½ been inade by you except'as•set forth in the separate
and indicated. •. written statement(s), If any, delivered to me by you.
In the event of total loss of the Motor Vehicle due to NOTICE TO mE BUYER: 1. DO NOT SIGN THIS AGREEMENT
Gap Coverage:
theit, c®canan or physical damage, 1, the buyer, agree to pay the ·BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. 2.
difference between the amount of the Insurance pmceeds and the YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS
amount rem±lng due of the total sale price minus any appropriate AGREEMENT. 3. UNDER THE LAW, YOU HAVE THE RIGHT TO PAY
credits ("Gap Arnount"). 1 sedahd OFF IN ADVANCE THE FULL AMOUNT DUE. IF YOU DO SO, YOU
you, the seller, are required by law
to offer to waive your right to hold me responsible for the Gap Amount if MAY, DEPENDING ON THE NATURE OF THE CREDIT SERVICE
the above events occur and are allowed to charge a fee for such a CHARGE, EITHER: (A) PREPAY WITHOUT PENALTY, OR (B) UNDER
waiver. I und n CERTAIN CIRCUMSTANCES OBTAIN A REBATE OF THE CREDIT
ay purchase, at my own expense, separate
insüiance erage for th Gap Amount from an insurance company SERVICE CHARGE. 4. ACCORDING TO LAW YOU HAVE THE
licensed by e upe ende t of insurance to write motor vehicle debtor PRMLEGE OF PURCHASING THE INSURANCE ON THE MOTOR
VEHICLE PROVIDED FOR IN THIS CONTRACT FROM AN AGENT OR
gap Insuran ,
BROKER OF YOUR 0WN SELECTION.
FEDERAL GAP URE: A Gap Waiver is not required to obtain
s·
credit. You, the seller, will not provide such waiver unless I 1, THE UNDERSIGNED BUYER(S), ACKNOWLEDGE IlWE HAVE
agree to pay the additional cost. If I choose to purchase the Walver CElVED A COPY OF THIS COMPLETED CONTRACT AND THAT
I HAVE READ THE ADDITIONAL TERMS STATED ON THE
directly from you, such waiver will cost 0.01 or cive
R RSE SIDE OF THIS DOCUMENT AND UNDERSTAND THEY ARE
that will extend through the term of this Contract. I want if .
P RT OF THIS CONTRACT.
do not want , to purchase the Gap Waiver throug you.
Credit Purchase: I acknowladge that I have the choice of pu L INSTALL ENT CONTRAÇT
asing
the roperty for the Cash Price or on credit, and I elect to purcha
. for the Total Sale Price. BUyer q
ure Date
RVICE ONTRACT: I agree to purchase an optional Service
ntract un r the terms of a separate agreement. Buyer. 1mo/t
a Dah
Seller: B
Revised08/2012Y2.2
I
4 of 5
FILED: ONONDAGA COUNTY CLERK 08/30/2021 02:31 PM INDEX NO. 005315/2021
NYSCEF DOC. NO.
2019-04-16 5
11:03 Timebuyer Fulton 3154022655 » Loan OriginationRECEIVED NYSCEF: 08/30/2021
P 7/7
Important Information about Your Retail Installment
. Contract and Security Agreement
1. Payment Requiremeñt: Your Retail Installment Contract and
Security Agreement requires you to make all.paynnents even if the vehicle
is repossessed or returned to us, Your obligation to make all payments .
required by your Retail Installment Contract and Security Agreement is
not forgiven or waived if the vehicle is taken from you or you give
up
possession of the vehicle yoluntarily. -Your Retail In¾tallment Contract
and Security
Agreement is not a Rent-To-Own Agreement and should not
be treated as such.
I understand paragraph 1 abov nitials of Buyer) . Date: -‰
I understand paragraph 1 above _(Initials of Co-Buyer) Date:
2. Statement of Timebuyer: If you do not pay us all payments
required by your Retail Instalhnent Contract and Security Agreement,
Timebuyer intends to purste ãll of its legal righthand remedies, this
includes commencement of a lawsuit for the dollection of the
outstanding monies owed Timebuyer. The amounts Timebuyer can
collect, include but are not limited to the unpaid principal balance of the
loan, accumulated interest, court costs, expenses ·for retaining, storing,
repairing and selling the property, collection and other fees, including
attorneys'
fees.
I understand paragraph 2 abo P(Initials of Buyer) Dat ll -Ff /6
I understand paragraph 2 above ____(Initials of Co-Buyer) Date:
Rowland05724//2DI1
1850308.35/24/2011
5 of 5
Preview
FILED: ONONDAGA COUNTY CLERK 08/30/2021 02:31 PM INDEX NO. 005315/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/30/2021 AFFIDAVIT OF FACTS COUNTY OF ÛS )E., Cp ) ) ss.: STATE OF f)Qs22 ) n ) 1. I am an officer of Timebuyer, and I have personal knowledge of and access to Timebuyer's books and records ("Business Records"), including electronic records, relation to the account of Deana Wixson's . The last four digits of the Account iiüiiiber are 9 . In my position, I have personal knowledge of Timebuyer's procedures for creating and maintaining its business records. Timebuyer's business records were made in the regular course of business and it was the regular course of such business to make the business records. The records were made at or near the time of the events recorded. Based on my review of Timchuyer's business records, I have personal knowledge of the facts set forth in this affidavit. 2. Timebuyer and Deana Wixson entered into a credit agreement ("agreement"). Defendant(s) agreed to pay Timebuyer for all goods, services, and cash advances provided pursuant to the Ag coinont. The amount of the last paymêñt, if any, made by Deana Wixson was $ S?Sce> was made on O©f Q/G6/8 Deana Wixson is/are now in default and demand for paymeñt has been made. A true copy of the Agreement is attached as an exhibit to this affidavit. 3. I have personal knowledge of Timebuyer's procedures for generating and mailing account statements to customers. It is the regular practice of Timebuyer's business to provide periodic account statements to customers. On or about June 5, 2019 , Timebuyer sent one or more account statements relating to the account to Defendant(s) stating the silicüñt due as $3,994.82 The account statement was mailed to Deana Wixson's last known address and Timebuyer's records do not reflect that the statement was returned by the post office. A true and correct copy of the final account statement letter is attached as an exhibit to this affidavit. 4. At this time, Deana Wixson owe(s) $3,994.82 on the acconiit. This amount includes a charge off balance of $5,244.82 , post charge off interest of $0.00 , post charge off fees of $350.00 ,less any post charge off credit (i.e. sale price of vehicle) or payments made by or on behalf of Deana Wixson of $1.600.00 , WHEREFORE, deponent demands judgment against Deana Wixson for $3,994.82 plus interest from June 5. 2019 , together with the costs and disbursements of this action. The above stateiiiciits are true and correct to the best of my personal knowledge. Dated: Signature Print or Type Name Vfo Print or Type Title I hereby certify under my official seal/stamp that I am authorized as a Notary Public to admi 'ster oa s pnder the laws of the State of -fif/ 7/M and that the foregoing was GARY L MACE OF NEW YORK subscribed and sworn to before me in the day NOTARY PUBLIC, STATE and year 1 t above s ate . I N PIR /30/ COMM OSWEGO COUNTY QUALIFIED IN Notary Pub 1 of 5 FILED: ONONDAGA COUNTY CLERK 08/30/2021 02:31 PM INDEX NO. 005315/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/30/2021 ************* Timebuyer • Take Pay" "Drive It Away Time to 113-119 EAST BRIDGE STREET • OSWEGO, NEW YORK • 13126 CORPORATE OFFICE PHONE: 315 342-1851 - FAX: 315 3 4 2-3386 06/05/2019 fÚ /fon Deana Wixson 55 Homeland Rd. North Syracuse, NY 13212 Re: Delinquent Account Dear Deana Wixson: We are contacting you regarding your failure to pay for the car loan given by Timebuyer to you for the purchase of your vehicle. You have failed to make the required payments so Timebuyer was forced to repossess your vehicle. Your vehicle was sold and the accounting of that sale is listed below. As of the date of this letter the amount due is $3,994.82. In order to prevent further action by Timebuyer, you must call our offices at 315-342-1851 within three days of receipt of this letter. Please be advised that Timebuyer intends to pursue all legal rights and remedies it has under the financing contract which include commencement of a lawsuit for the collection of the outstanding monies owed Timebuyer and such amounts include but are not limited to the unpaid principal balance of the loan, accumulated interest, court costs, expenses for retainiñg, attorneys' storing, repairing and selling the property, collection and other fees, including fees. Accounting of Costs Sale Price Total Owed Principal, Interest, Late/NSF Fees to date $ 5,244.82 Repo & Storage Fees $ 150.00 Reconditioning/Transport/Auction fees $ 200.00 Legal Fees $ 0.00 Total* $ 5,594.82 - $1,600.00 = $3,994.82 *All accounting costs are asofthe date ofthis letter and will increaseovertime with the accumulationof interestand/orfees. Your immediate attention to this matter is expected and we thank you for your anticipated cooperation. Very truly yours, Timebuyer Collections Department Robeit Tornatore Collections Supervisor Revised 06/03/l I 1854482.26/3/2011 2 of 5 FILED: ONONDAGA COUNTY CLERK 08/30/2021 02:31 PM INDEX NO. 005315/2021 2019-04-16 NYSCEF 11:025 DOC. NO. T imebuyer Fulton 3154022655 » Loan Origination RECEIVED P 5/7 NYSCEF: 08/30/2021 "me" ("you" RETAILINSTALLMENT C3NTI ACT Buyer(s) ("I", or "my") Name & Address Seller or "your") Name & Address AND SECURITY AGRE EMEI T . So. 1/B/Ul6 ,rmw 1 Enn, 3 13089 SALE: I agree to psichase ths property descIibed below eMina to the follassiag terms, Including those on the re ise side. The vehicle is sold In Its present condillon. Description of Year : 007 VIN 2CEDÙ/31t476011966 . Motor Vehicle Make I GNTIAC LIc. No. Other Purchased Model Pamud O New , Q Used Description of . Trade-in Promise to Pay: I promise 13 pa to you the Total of Paymêñia shown below In eéseetive ;.:td!merts in the number, amount, and at the times indicated in the Payment Sch3dule shown below. The Finance Charge, if any, begins to accrue on the date of this yontract, or on such a later date that . ou asiab||sh. Payments nxeived|will be applied first to any late charges then or past due, finance chaiges, and there after to the unpaid principal . elance of the Total of Payméñts. Any amount ===!n!ng unpaid on the final payment due date will be due in full on that date. ANNUAL | FINANCE AMOUNT FINANCED .TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE RATE CHARGE The amourtt of credit . The amount I will have The total cost of my p"rche=e The cost of my credit The ilollar amount the provided to me or paid after I have made on credit, including my down as.a yearly r ate. orédit will cost me. on my behalf. all scheduled payments. payment of $ 12.99 · S S 2342.SS 1930s.ss ups se Payment Schedule: My p rner schedule will be Nu r of Paymañts A loun of Payments When Psyrasñts Are Due 36 362.38 wamsMy Paymentshegimen01/13/2017 Security Interest: I am gi Ing a security interest in the goods or property being purchased. Late Charae: If a paymêñ is nollpaid in full within 10 days after it Is due, I will pay a late charge of 5% of the amo.unt of the payment that is late, with a minimum charge of 5.00 PreDaVment. if I pay off e rly, l ynay be entitled to a refund of part of the Credit Service Charge. Add?±a! !der=!ttlom I can sée the tenns of this contract for additional infonn=Hon about ncñp-y-ent default,)ny required repaymsat in full before the scinidüied date,)and Ijfepayment refunds and penaltles. - JREDIT INSURANCE: Cn dit life insurance and Credit disability ITEMIZATl0N OF A OUNT FINANCED nsurance are not required o obtain credit, and will not be provided t Cash Price (incl. sales tax of $ ate w) $ unless I sign and agree to par the additional costs. We are quoting below 2. Down Payment Computation ONLY the coverages I have c losert to purchase- (a) Gross Trade-In Allowance $_. . . N/A remium Term Pay-Off (if any) $ (b) N/4 Credt Ufe -- (c) Net Trade-in (a-b) $ N/A Credit Disability /A (d) Cash Down Payment l $ ... $500.00 Joint Credit Ùfe T/A (e) Total Down Payment (o+ d) $ 500,00 My ågristü a below means I uant (enly) the insurance coverages quoted above. If none are quoted, I h we dealined any coverages you offered. 3. Unpaid Balance of Cash Price (1 ty inus 20) $ 10,54732 .. 4. Other Charges 1 . I (a) Service Contract Pald to Seller $ N/A Buyer d/6/b Buyer d/o/b RegWagon Caspee $ PROPERTY INSURANCE: I must insure the Motor Vehicle that is the subject of.this Contract. I hav± the legal right to purchase such insurance (c). Gap Walver Paid to Seller. , $. .. . . 0.01 through any insurance carr ny jreasonably acceptable to you. The DoePeePaidh 8sRar 7100 (d) . lision: and comprehens coýerage deductible may not exceed $5 0.00, lfi choose topumb se coperage through you, I will pay NYEInspectica 21.00 (e) N/A · f at of tweege. 5. Subtotal (3 plus 4(s) through 4(e)) ·· $ 10.703.33 This prop©erly insurance prem urh isicsiteated as follows: 0. Prepald Finance Charge $ pfa . O Fire-Theft and combined ditiobal Coverage $ 7. Amount Financed (5 minus 6) $ 10,70).33 N/A R/A O $ Deductible ollision Coverage $ N/A : ,__ N/A Warranties: I Undarstand and agree that no warrantles (expressed or O $ Deductible empre:=asive Coveráge $ implied), resssêrestbñs, promisesfor statements as to the condition, i iam t--==--2 .---::--.. 6.:hndnu Inluns and -.-.-.-=±.: damana fitness (either generally or for a punpular purpose), or m-A2eteBEy of 3 of 5 FILED: ONONDAGA COUNTY CLERK 08/30/2021 02:31 PM INDEX NO. 005315/2021 2019-04-16DOC. NO. NYSCEF 11:035 Timebuyer Fulton 3154022655 » L oan Or i g i naRECEIVED t i on P 6/ 08/30/2021 NYSCEF: 7 WA for of coverage. 5. Subtotal (3 plus 4(a) through 4(e)) $ 10.703.33 · This property Insurance pam!urn follows· is calculated as 6. Prepaid Finance Charge $ w a O Fire-Theft and combined Additional Coverage $ 7. Amount Financed (5 minus 6) $ 10//p3.33 N/A W/A O $ Deductible Collision Coverage $ WA -N/A . Warrantles: I üñderstand and agree that no warrantles (expressed or O $ Deductible Comprehensive Coverage $ impiled), representations, promises, or statements as to the condition, Insurance coverage for bodily injury damage fitness (either generally or for a perficu!er purpose), or merchantability of Liability and:property , caused to others is not !nduded inlhis Contract unless Checked the property 'ha½ been inade by you except'as•set forth in the separate and indicated. •. written statement(s), If any, delivered to me by you. In the event of total loss of the Motor Vehicle due to NOTICE TO mE BUYER: 1. DO NOT SIGN THIS AGREEMENT Gap Coverage: theit, c®canan or physical damage, 1, the buyer, agree to pay the ·BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. 2. difference between the amount of the Insurance pmceeds and the YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS amount rem±lng due of the total sale price minus any appropriate AGREEMENT. 3. UNDER THE LAW, YOU HAVE THE RIGHT TO PAY credits ("Gap Arnount"). 1 sedahd OFF IN ADVANCE THE FULL AMOUNT DUE. IF YOU DO SO, YOU you, the seller, are required by law to offer to waive your right to hold me responsible for the Gap Amount if MAY, DEPENDING ON THE NATURE OF THE CREDIT SERVICE the above events occur and are allowed to charge a fee for such a CHARGE, EITHER: (A) PREPAY WITHOUT PENALTY, OR (B) UNDER waiver. I und n CERTAIN CIRCUMSTANCES OBTAIN A REBATE OF THE CREDIT ay purchase, at my own expense, separate insüiance erage for th Gap Amount from an insurance company SERVICE CHARGE. 4. ACCORDING TO LAW YOU HAVE THE licensed by e upe ende t of insurance to write motor vehicle debtor PRMLEGE OF PURCHASING THE INSURANCE ON THE MOTOR VEHICLE PROVIDED FOR IN THIS CONTRACT FROM AN AGENT OR gap Insuran , BROKER OF YOUR 0WN SELECTION. FEDERAL GAP URE: A Gap Waiver is not required to obtain s· credit. You, the seller, will not provide such waiver unless I 1, THE UNDERSIGNED BUYER(S), ACKNOWLEDGE IlWE HAVE agree to pay the additional cost. If I choose to purchase the Walver CElVED A COPY OF THIS COMPLETED CONTRACT AND THAT I HAVE READ THE ADDITIONAL TERMS STATED ON THE directly from you, such waiver will cost 0.01 or cive R RSE SIDE OF THIS DOCUMENT AND UNDERSTAND THEY ARE that will extend through the term of this Contract. I want if . P RT OF THIS CONTRACT. do not want , to purchase the Gap Waiver throug you. Credit Purchase: I acknowladge that I have the choice of pu L INSTALL ENT CONTRAÇT asing the roperty for the Cash Price or on credit, and I elect to purcha . for the Total Sale Price. BUyer q ure Date RVICE ONTRACT: I agree to purchase an optional Service ntract un r the terms of a separate agreement. Buyer. 1mo/t a Dah Seller: B Revised08/2012Y2.2 I 4 of 5 FILED: ONONDAGA COUNTY CLERK 08/30/2021 02:31 PM INDEX NO. 005315/2021 NYSCEF DOC. NO. 2019-04-16 5 11:03 Timebuyer Fulton 3154022655 » Loan OriginationRECEIVED NYSCEF: 08/30/2021 P 7/7 Important Information about Your Retail Installment . Contract and Security Agreement 1. Payment Requiremeñt: Your Retail Installment Contract and Security Agreement requires you to make all.paynnents even if the vehicle is repossessed or returned to us, Your obligation to make all payments . required by your Retail Installment Contract and Security Agreement is not forgiven or waived if the vehicle is taken from you or you give up possession of the vehicle yoluntarily. -Your Retail In¾tallment Contract and Security Agreement is not a Rent-To-Own Agreement and should not be treated as such. I understand paragraph 1 abov nitials of Buyer) . Date: -‰ I understand paragraph 1 above _(Initials of Co-Buyer) Date: 2. Statement of Timebuyer: If you do not pay us all payments required by your Retail Instalhnent Contract and Security Agreement, Timebuyer intends to purste ãll of its legal righthand remedies, this includes commencement of a lawsuit for the dollection of the outstanding monies owed Timebuyer. The amounts Timebuyer can collect, include but are not limited to the unpaid principal balance of the loan, accumulated interest, court costs, expenses ·for retaining, storing, repairing and selling the property, collection and other fees, including attorneys' fees. I understand paragraph 2 abo P(Initials of Buyer) Dat ll -Ff /6 I understand paragraph 2 above ____(Initials of Co-Buyer) Date: Rowland05724//2DI1 1850308.35/24/2011 5 of 5