On February 19, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Harley Davidson Credit Corporation As Assi Gnee Of Eaglemark Savings Bank,
and
Kyle Apperson, And J Doe Spous,
for CO
in the District Court of Pinal County.
Preview
1009680482_03262021013120
A subsidiary of Harley-Davidson Credit Corp.
EXHIBIT B
PROMISSORY NOTE (SIMPLE INTEREST)
AND SECURITY AGREEMENT (“CONTRACT”)
BORROWER Name and Mailing Address CO-BORROWER
WER Name and Mailing Address LENDER Name and Address
KYLE APPERSON Eaglemark Savings Bank
1056 E. NAVILLA PL P.O. Box 22048
COVINA, CA 91724 Carson City, NV 89721-2048
Definitions. The words “You” and “Your” mean the Borrower/Co-Borrower(s) r(s) who sign(s) below. The words
word “ESB” “Lender” “We” “Us” and “Our” mean Eaglemark Savings Bank, its successors and
assigns. The word “Contract” means this Promissory Note and Security Agreement. ement. The word “Vehicle” means
mean the motorcycle and/or motor vehicle, described more fully below.
Promise to Pay. You promise to pay to Lender the Amounts Financed plus interestt figured on a daily basis on the uunpaid balance as set forth in this Contract and in the Truth In Lending Disclosures set forth
below, together with all fees and expenses set forth in this Contract, until all amounts are paid in full.
L
Payment Deferral. Any deferral will continue to accrue interest during the deferral period. riod.
Where Applicable Finance Charges will not accrue for the first ___________N/A days of this Contract (“No Finance Charg
Charge” period).
DESCRIPTION
PTION OF PURCHASE
MAKE YEAR NEW/USED MODEL COLOR VEHICLE IDENTIFICATION NUMBER
IA
HARLEY-DAVIDSON 2019 Used OB
FXBB STREET BOB BLACK W/PIN 1HD1YJJ3XKC023152
Description of the body and major items of equipment sold.
TRUTH IN LENDING DISCLOSURES
SURES
RES
ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT NT FINANCED TOTAL OF PAYMENTS
The cost of Your credit The dollar amount the credit will The amount of credit
edit provided
ovide to You The amount You will have paid after You have
as a yearly rate. cost You. (Estimate) or on Your behalf.
alf. made
ade all
a payments as scheduled. (Estimate)
NUMBER OF PAYMENTS
72
N/A
12.95 %
___________________________
$ 354.50
$ 0.00
7,935.07
$ ___________________________
AMOUNT OF PAYMENTS IC
Your Payment Schedule will be:
17,588.93
$ ___________________________
WHEN PAYMENTS ARE DUE
Monthly Beginning:
Monthly Beginning:
05/10/2021
N/A
__________
_________ ,
25,524.00
$ ___________________________
____
__
Until Paid
N/A
AND AS FOLLOWS:
d In F
Full
FF
Prepayment: If You pay off all Your debt early, You will not have to pay a prepayment premium or penalty.
ess Your obligat
Security Interest: You are giving a security interest in the goods or property being purchased. Any of Your property securing Your other obligations to Lender also secures obligation under this Contract.
Late Charge: If any payment is more than ten (10) days late, You will be charged up to $25 or 10% of the late amount, whichever is greater, with a maximum of $50.
Additional Information: See Other Important Agreements, pages 3, 4 and 5, of this Contract for more information including information about nonpayment, default, any required eq repayment in full before
the scheduled date, and security interest.
ITEMIZATION OF AMOUNT FINANCED
1. Amount Given to You Directly $ N/A (1)
2. Amount Paid on Your Account $ N/A (2)
3. Amount Paid to Others on Your Behalf
O
A. To (Dealer Name & No.): 0300 QUAID HARLEY-DAVIDSON $ 14,495.00 (A)
B. Cost of Required Physical Damage Insurance paid to insurance company* $ 0.00 (B)
C. Cost of Optional Service Contract*
To: $ 0.00 (C)
D. Cost of Optional Tire & Wheel Protection*
To: $ 0.00 (D)
E. Cost of Optional Credit Life and/or Disability Insurance paid to insurance company* $ 0.00 (E)
N
F. Cost of Optional Planned Maintenance*
To: $ 0.00 (F)
G. Cost of Optional Theft Protection*
To: $ 0.00 (G)
H. Cost of Optional Appearance Protection*
To: $ 0.00 (H)
U
I. Cost of Optional GAP Addendum*
To: $ 0.00 (I)
J. Government license and/or registration fees paid to public officials (describe):
Gov/Lic Fee $ 410.00 (J)
K. Government Certificate of Title Fees paid to public officials $ 0.00 (K)
L. Taxes (describe):
1
To: STATE For: Total Taxes $ 1,699.93 (L1)
2
To: For: $ 0.00 (L2)
M. Other charges* (identify who will receive payment and describe):
1
To: Dealer For: Doc/Admin Fee $ 85.00 (M1)
2
To: Dealer For: Freight & Set Up $ 899.00 (M2)
3
To: For: $ 0.00 (M3)
4
To: For: $ 0.00 (M4)
5
To: For: $ 0.00 (M5)
Total Amount Paid to Others on Your Behalf (add A thru M5) $ 17,588.93 (3)
4. Amount Financed (1+2+3) $ 17,588.93 (4)
* Dealer/Seller and/or Lender and/or Others may retain, or receive, a portion of these amounts. You authorize the disbursement of funds as itemized above; with the exception of 3B, it is the Dealer’s obligation to
remit any funds itemized in Section 1, 2 and 3 above. You acknowledge that any down payment made to Dealer may also be used to pay, in whole or part, anything itemized above in Sections 1, 2 and 3.
LEG21
Revised 02/2021 ORIGINAL: ESB Copy: Borrower(s) 1 of 5
Document Filed Date
February 19, 2024
Case Filing Date
February 19, 2024
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1009680482_03262021013120 A subsidiary of Harley-Davidson Credit Corp. EXHIBIT B PROMISSORY NOTE (SIMPLE INTEREST) AND SECURITY AGREEMENT (“CONTRACT”) BORROWER Name and Mailing Address CO-BORROWER WER Name and Mailing Address LENDER Name and Address KYLE APPERSON Eaglemark Savings Bank 1056 E. NAVILLA PL P.O. Box 22048 COVINA, CA 91724 Carson City, NV 89721-2048 Definitions. The words “You” and “Your” mean the Borrower/Co-Borrower(s) r(s) who sign(s) below. The words word “ESB” “Lender” “We” “Us” and “Our” mean Eaglemark Savings Bank, its successors and assigns. The word “Contract” means this Promissory Note and Security Agreement. ement. The word “Vehicle” means mean the motorcycle and/or motor vehicle, described more fully below. Promise to Pay. You promise to pay to Lender the Amounts Financed plus interestt figured on a daily basis on the uunpaid balance as set forth in this Contract and in the Truth In Lending Disclosures set forth below, together with all fees and expenses set forth in this Contract, until all amounts are paid in full. L Payment Deferral. Any deferral will continue to accrue interest during the deferral period. riod. Where Applicable Finance Charges will not accrue for the first ___________N/A days of this Contract (“No Finance Charg Charge” period). DESCRIPTION PTION OF PURCHASE MAKE YEAR NEW/USED MODEL COLOR VEHICLE IDENTIFICATION NUMBER IA HARLEY-DAVIDSON 2019 Used OB FXBB STREET BOB BLACK W/PIN 1HD1YJJ3XKC023152 Description of the body and major items of equipment sold. TRUTH IN LENDING DISCLOSURES SURES RES ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT NT FINANCED TOTAL OF PAYMENTS The cost of Your credit The dollar amount the credit will The amount of credit edit provided ovide to You The amount You will have paid after You have as a yearly rate. cost You. (Estimate) or on Your behalf. alf. made ade all a payments as scheduled. (Estimate) NUMBER OF PAYMENTS 72 N/A 12.95 % ___________________________ $ 354.50 $ 0.00 7,935.07 $ ___________________________ AMOUNT OF PAYMENTS IC Your Payment Schedule will be: 17,588.93 $ ___________________________ WHEN PAYMENTS ARE DUE Monthly Beginning: Monthly Beginning: 05/10/2021 N/A __________ _________ , 25,524.00 $ ___________________________ ____ __ Until Paid N/A AND AS FOLLOWS: d In F Full FF Prepayment: If You pay off all Your debt early, You will not have to pay a prepayment premium or penalty. ess Your obligat Security Interest: You are giving a security interest in the goods or property being purchased. Any of Your property securing Your other obligations to Lender also secures obligation under this Contract. Late Charge: If any payment is more than ten (10) days late, You will be charged up to $25 or 10% of the late amount, whichever is greater, with a maximum of $50. Additional Information: See Other Important Agreements, pages 3, 4 and 5, of this Contract for more information including information about nonpayment, default, any required eq repayment in full before the scheduled date, and security interest. ITEMIZATION OF AMOUNT FINANCED 1. Amount Given to You Directly $ N/A (1) 2. Amount Paid on Your Account $ N/A (2) 3. Amount Paid to Others on Your Behalf O A. To (Dealer Name & No.): 0300 QUAID HARLEY-DAVIDSON $ 14,495.00 (A) B. Cost of Required Physical Damage Insurance paid to insurance company* $ 0.00 (B) C. Cost of Optional Service Contract* To: $ 0.00 (C) D. Cost of Optional Tire & Wheel Protection* To: $ 0.00 (D) E. Cost of Optional Credit Life and/or Disability Insurance paid to insurance company* $ 0.00 (E) N F. Cost of Optional Planned Maintenance* To: $ 0.00 (F) G. Cost of Optional Theft Protection* To: $ 0.00 (G) H. Cost of Optional Appearance Protection* To: $ 0.00 (H) U I. Cost of Optional GAP Addendum* To: $ 0.00 (I) J. Government license and/or registration fees paid to public officials (describe): Gov/Lic Fee $ 410.00 (J) K. Government Certificate of Title Fees paid to public officials $ 0.00 (K) L. Taxes (describe): 1 To: STATE For: Total Taxes $ 1,699.93 (L1) 2 To: For: $ 0.00 (L2) M. Other charges* (identify who will receive payment and describe): 1 To: Dealer For: Doc/Admin Fee $ 85.00 (M1) 2 To: Dealer For: Freight & Set Up $ 899.00 (M2) 3 To: For: $ 0.00 (M3) 4 To: For: $ 0.00 (M4) 5 To: For: $ 0.00 (M5) Total Amount Paid to Others on Your Behalf (add A thru M5) $ 17,588.93 (3) 4. Amount Financed (1+2+3) $ 17,588.93 (4) * Dealer/Seller and/or Lender and/or Others may retain, or receive, a portion of these amounts. You authorize the disbursement of funds as itemized above; with the exception of 3B, it is the Dealer’s obligation to remit any funds itemized in Section 1, 2 and 3 above. You acknowledge that any down payment made to Dealer may also be used to pay, in whole or part, anything itemized above in Sections 1, 2 and 3. LEG21 Revised 02/2021 ORIGINAL: ESB Copy: Borrower(s) 1 of 5