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35-2024-CA-000550-AXXX-01
Filing # 194634765 E-Filed 03/22/2024 02:31:09 PM
IN THE CIRCUIT COURT OF THE 5TH
JUDICIAL CIRCUIT IN AND FOR
LAKE COUNTY, FLORIDA
CASE NO.
Civil Division
FORD MOTOR CREDIT COMPANY LLC,
a Delaware Limited Liability Company,
Plaintiff,
vs.
JORGE GARCIA
Defendant(s).
/
COMPLAINT
Plaintiff, FORD MOTOR CREDIT COMPANY LLC, a Delaware Limited Liability
Company authorized to do business in Florida, files this it’s Complaint against the Defendant(s)
and states:
1 This is an action for damages which exceed Fifty Thousand Dollars ($50,000.00) and is
within the jurisdiction of this Court.
Plaintiff, FORD MOTOR CREDIT COMPANY LLC, is a Delaware Limited Liability
Company authorized to conduct business in Florida.
On or about 11/12/2018, Defendant(s) executed a Florida Vehicle Retail Installment
Contract, a copy of which is attached hereto as Plaintiff's Exhibit “A.”
Plaintiff is in possession of the Florida Vehicle Retail Installment Contract.
The Defendant(s) defaulted due to non-payment under the Florida Vehicle Retail
Installment Contract for the subject vehicle, a 2019 FORD SUPER DUTY F-250 SRW,
VIN: 1FT7W2BT1KEC03744.
Upon charge-off, there remains a balance due and owing by Defendant(s) in the sum of
$70,942.11, together with interest, which Plaintiff has demanded. A copy of the
breakdown calculations is attached hereto as Exhibit “B.”
Plaintiff has performed all conditions precedent to its right to recovery.
Plaintiff has obligated itself to pay its attorneys a reasonable fee for their services in this
cause. If Plaintiff is successful in this action, Defendant(s) is/are responsible for the
payment of these attorney’s fees under the terms of the Florida Vehicle Retail
Installment Contract. In the event this matter is by default, a reasonable attorney’s fee
would be $500.00.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 03/22/2024 03:03:56 PM
This is an attempt to collect a debt. Any information obtained will be used for that purpose.
WHEREFORE, the Plaintiff demands judgment in the amount of $70,942.11, together with
interest, court costs and a reasonable attorney’s fee.
Dated:
MAR
2 2 2024
Moody, Jones & Ingino, P.A.
Attorney for Plaintiff
1333 S. University Drive, Suite 201
Plantation, Florida 33324-4001
Telephone: 954-473-6605
Facsimile: 954-473-6855
E-Mail: mingino@moodyjones.com
By: /s/ Michael Ingino
Michael J. Ingino, Esquire
Florida Bar No. 0057721
9000026371.001 / 250
This is a Copy of the Customer Completed signed electronic form held by RouteOne LLC.
FLORIDA VEHICLE RETAIL INSTALLMENT CONTRACT DATE 11/12/2018
Buyer (and Co-Buyer) Name and Address (Including County and Zip] SELLER/CREDITOR (Seller Name and Address)
Code)
JORGE GARCIA PRESTIGE FORD INC
24917 HUNT LN PO BOX 1350, 17701 HIGHWAY 441
Summerland Key, FL 33042-4441 MONROE MOUNT DORA, FL 32757
NIA
July
Month of Birth
You, the Buyer (and Co-Buyer, if any), may buy the vehicle described in this contract for cash or on credit. The cash price is shown on
Page 2 as "Cash Price.” The credit price is shown below as "Total Sale Price." By signing this contract, you choose to buy the vehicle
‘on credit under the agreements in this contract.
=
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL FINANCE Amount Total of Total Sale
PERCENTAGE CHARGE Financed Payments Price
RATE The dollar amount The amount of The amount The total cost
The cost of your the credit will credit provided you will have: of your purchase
credit as a yearly rate cost you to you or on paid when you on credit,
your behalf have made all including your
scheduled downpayment -800-727-7000
payments
of $_ 4,027.56
€ZZP | rorocreoir
% $35,417.26 $26,193.74 $ 121,611.00 $ 125,638.56
11.44
Your Payment Schedule will be:
www.fordcredit.com
Number of Payments ‘Amount of Payments When Payments are Due
Monthly unless otherwise checked
1 Semi-Annually () Annually
75 $ 1,621.48 Starling 12/26/2018
Prepayment: If you pay off your debt early, you will not have to pay a penalty.
Security Interest: You are giving a security interest in the vehicle being purchased.
Late Payment: You must pay a late charge on the portion of each payment received more than 10 days late.
The charge is 5 percent of the late amount.
Contract: Please see this contract for additional information on security interest, nonpayment, default, the right
to require repayment of your debt in full before the scheduled date, and prepayment penalty.
BALLOON CONTRACT PROVISIONS
Your last scheduled payment under this contract is a balloon payment.
EXCESS WEAR, USE AND MILEAGE CHARGES
If the box directly above is checked, this section, Paragraph B, and Paragraph C of this contract apply. You may be charged for
excessive wear based upon our standards for normal use. If you exercise the option to transfer ownership of the vehicle to Creditor
under Paragraph B, you must pay the Creditor $0.N/A per mile for each mile in excess of NIA miles shown on
the odometer,
The Annual Percentage Rate may be negotiated with the Seller. The Seller may assign this contract and may
retain its right to receive a portion of the Finance Charge.
Florida documentary stamp tax required by law in the amount of $ 301.70 has been paid or will be paid directly to the Department of
Revenue,
Certificate of Registration #39-8000747771-3
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EXHIBIT“; »
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This is a Copy of the Customer Completed signed electronic form held by RouteOne LLC.
New/Used Mileage Year and Make Model Vehicle Identification Number Use For Which Purchased
Personal use unless otherwise
New 26 2019 Ford Super Duty F-250 SRW 1FT7W2BT1KEC03744 checked below
1 Commercial [ Agricultural
Trade-in 2016 Audi § 26,000.00 $ 38,472.44
Year and Make Gross Allowance Amount Owing
ITEMIZATION OF AMOUNT FINANCED
41, Cash Price ... $ 85,436.27 (4)
2. Down Payment
Third Party Rebate Assigned to Creditor NIA
Cash Paid . 1 100.00
Manuf. Rebate 41,500.00
Trade-in (description above) ..... ~12,472.44
Total Down Payment .... $ 4,027.56 (2)
3. Unpaid Balance of Cash Price (1 minus 2) .. 8 1,408.71 (3)
$ —— 81,408.71
4. Amounts paid on your behalf (Seller may be retaining a portion of these amounts)
To Public Officials
(i) for license, title & registration fees $ 169.75;
(ii) for official fees $ NA;
(iii) for documentary stamps $ 301.70;
(iv) for taxes (not in Cash Price) $ 241.13 712.58
To Insurance Companies for:
Credit Life Insurance .... N/A
Credit Disability Insurance .... NIA
N/A N/A
N/A NIA
To Ford Extended Service Coverage for Service Plan 3,215.00
To Premier Dealer Services for GAP Waiver 799.00
To State of FL = for Tire Fee 5.00
To TITLE TEC for Temp Tag Proc Fee 49.95
To State of FL for Battery Fee 1.50
To State of FL for Motor Veh. Warranty Trust Fund 2.00
To NIA for N/A NIA
To N/A for N/A NIA
To NA for N/A NIA
To N/A for N/A NIA
Total $ 4,785.03 (4)
5. Amount Financed (3 plus 4) $ 86,193.74 (5)
Debt Cancellation Waiver Addendum (Optional)
Purchase of the debt cancellation waiver is optional and is not required to obtain credit. The terms and conditions of the debt
cancellation waiver are set forth in the attached Addendum which is incorporated into this contract. By signing below you agree to
purchase the debt cancellation waiver for the price set forth on this contract in the Itemization of Amount Financed under section 4.
A
Buyer Signs
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———
INSURANCE
YOU ARE REQUIRED TO INSURE THE VEHICLE. YOU MAY OBTAIN VEHICLE INSURANCE FROM A PERSON
OF YOUR CHOICE. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE
CAUSED TO OTHERS IS NOT INCLUDED. CREDIT LIFE, CREDIT DISABILITY AND OTHER OPTIONAL
INSURANCE ARE NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND
AGREE TO PAY THE PREMIUM.
1. Buyer understands that he has the option of assigning any other policy or policies Buyer owns or may procure for the purpose of
covering this retail instalment sale and the policy need not be purchased from the Creditor in order to obtain credit.
B N/A B N/A
Buyer Signs Co-Buyer Signs
2. Buyer understands that the credit life coverage may be deferred if, at the time of application, Buyer is unable to engage in
employment or unable to perform normal activities of a person of like age and sex, if the proposed credit life insurance policy
contains this restriction.
C N/A C N/A
Buyer Signs Co-Buyer Signs
3. Buyer understands that the benefits under the policy will terminate when Buyer reaches a certain age and that Buyer's age is
accurately represented on the application or policy.
D N/A D N/A
Buyer Signs Co-Buyer Signs
Credit Life
NIA $ NIA NIA
Insurance Company Premium Insured(s)
You want Credit Life Insurance.
E N/A E N/A
Buyer Signs Co-Buyer Signs
Credit
Disability NIA $ N/A NIA
Insurance Company Premium Insured(s)
You want Credit Disability Insurance.
F N/A F N/A
Buyer Signs Co-Buyer Signs
Other Coverage Insurance Company Premium Term in Months
Optional
Insurance Service Plan Ford Extended Service Coverage $3,215.00 60
— ee
NIA NIA N/A NIA
ao
NIA NIA N/A N/A
NIA N/A NIA NIA
NIA N/A N/A NIA
You want the optional insurance for which premiums are included above.
6 Bk G N/A
Buyer Signs Co-Buyer Signs
Credit Life and Credit Disability insurance are for the term of the contract. The amount and coverages are
shown in a notice or agreement given to you today.
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ADDITIONAL AGREEMENTS
A. Payments: You must make all payments in U.S. funds when they are due. You may prepay your debt at any time without
penalty. This is a simple finance charge contract. The actual finance charge you agree to pay will depend on your payment patterns.
The actual finance charge may exceed the disclosed Finance Charge if you make your payments later than the scheduled dates or in
less than the scheduled amount. Your payment will be applied first to the earned and unpaid part of the Finance Charge and then to
the unpaid Amount Financed. The Finance Charge is earned by applying the Annual Percentage Rate to the unpaid Amount
Financed for the actual time that the unpaid Amount Financed is outstanding.
Upon your request, Assignee may agree to allow you to extend the due date of all or any part of any installment payment for an
extension fee of $15.00. You will also be required to extend the insurance coverage required by the contract to cover the extension
period. In addition to the extension fee, you will also be required to pay any additional finance charges which accrue as a result of
your being allowed to extend your payment.
B. Balloon Payment Contracts: If your last scheduled payment under this contract is a balloon payment as indicated on Page 1 of
this contract, you have three options to handle the balloon payment.
First, you may pay all that you owe, and keep your motor vehicle.
Second, you may refinance all that you owe unless you are in default under this contract. If the Creditor has advanced funds to cure
any default, you must pay back the Creditor before the refinancing. You also must provide proof of insurance acceptable to Creditor
before the refinancing. The refinancing Annual Percentage Rate (APR) will be agreed to by you and the Creditor at the time of
refinancing and will not exceed the maximum APR permitted by law. Your refinanced monthly payment will be the same as in this
contract if the refinanced amount will be fully paid in 36 months or less. Otherwise, your monthly payment will be the amount needed
to fully pay the refinanced amount in 36 months. If you wish to refinance, you must notify the Creditor in writing no later than 30 days
prior to the balloon payment due date.
Third, you may transfer ownership of the vehicle to the Creditor, and an amount equal to your originally scheduled balloon payment will
be applied toward the satisfaction of all that you owe. Creditor will add a $475 Disposal Fee to the amount that you owe and, if
applicable, will add any excess mileage charges (as described on Page 1 of this contract) and any estimated costs of vehicle repairs that
are the result of excess wear and use (as described in Paragraph C). If the amount of your originally scheduled balloon payment does
not satisfy all that you owe, you will pay the difference. You must take the vehicle to a place selected by the Creditor for inspection no
later than 15 days prior to the balloon payment due date. After the inspection, if you decide to transfer ownership of the vehicle to the
Creditor, you must give the vehicle to the Creditor no later than the balloon payment due date. At that time, you must provide the
Creditor a title, which shows no liens other than the Creditor's lien, transferring ownership to the Creditor or a person selected by the
Creditor. You must also provide other documents as needed. If you decide not to transfer ownership of the vehicle after inspection, you
must immediately inform the Creditor if you want to refinance under the second option above.
C. Damage Repair: If your last scheduled payment under this contract is a balloon payment and you transfer ownership of the
vehicle to the Creditor under Paragraph B, you are responsible for all repairs to the vehicle that are not the result of normal wear and
use. These repairs include, but are not limited to those necessary to repair or replace: (a) tires that have sidewall damage/plugs,
exposed cords/belts, or are unmatched for vehicle or unsafe; (b) electrical or mechanical defects or malfunctions; (c) glass, paint,
body panels, trim and grill work that are broken, mismatched, chipped, scratched, pitted, cracked, or if applicable, dented; (d) interior
rips, stains, burns or damaged areas; (e) replacement of any missing equipment or parts that were in or on the vehicle when
delivered; and (f) all damage which would be covered by collision or comprehensive insurance whether or not such insurance is
actually in force. Replacement of sheet metal and all other repairs must be made with Original Equipment Manufacturer parts. Your
use or repair of the vehicle must not invalidate any warranty. You will owe the estimated costs of such repairs unless repairs are
made at your expense prior to the transfer of ownership of the vehicle to the Creditor. You will maintain the odometer of the vehicle so
that it always reflects the vehicle’s actual mileage. If the odometer is at any time inoperative, you will provide reasonable evidence of
the vehicle’s actual mileage. If you are unable to do so, you will pay us our estimate of any reduction of the vehicle’s wholesale value
caused by the inability to determine the vehicle's actual mileage.
D. Security Interest: You give the Creditor a security interest in:
1, The vehicle and all parts or other goods put on the vehicle;
2. All money or goods received for the vehicle; and
3. All insurance premiums and service contracts financed for you.
This secures payment of all amounts you owe under this contract. It also secures your other agreements in this contract.
E. Use of Vehicle - Warranties: You must take care of the vehicle and obey all laws in using it. You may not sell or rent the
vehicle, and you must keep it free from the claims of others. You will not use or permit the use of the vehicle outside of the United
States, except for up to 30 days in Canada or Mexico, without the prior written consent of the Creditor. If the vehicle is of a type
normally used for personal use and the Creditor, or the vehicle's manufacturer, extends a written warranty or service
contract covering the vehicle within 90 days from the date of this contract, you get implied warranties of merchantability and
fitness for a particular purpose covering the vehicle. Otherwise, you understand and agree that there are no such implied
warranties, except as otherwise provided by law.
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F. Vehicle Insurance: You must insure the vehicle against loss or damage from collision, fire or theft. You must name Creditor
as the loss payee under the insurance policy. The Creditor must approve the type and amount of insurance. If the vehicle is
lost, damaged or destroyed, you must pay the Creditor what is still owed.
You agree that the Creditor can make a claim under the insurance policy. You authorize the insurance company to
provide Creditor any information Creditor believes necessary to make a clail You must use insurance proceeds to
repair the vehicle, unless the damage to the vehicle is considered a total loss. If the damage to the vehicle is considered
a total loss, you must use the insurance proceeds to pay what you owe the Creditor. If your insurance on the vehicle
doesn't pay all you owe, you must pay what is still owed.
G. Returned Insurance Premiums and Service Contract Charges: This contract may contain charges for insurance, service
contracts, or other contracts. You agree that the Creditor can claim benefits under these contracts and unless prohibited by law,
terminate them to obtain refunds of unearned charges to reduce what you owe. If the Creditor gets a refund on insurance, service
contracts, or other contracts, the Creditor will subtract it from what you owe. Once all amounts owed under this contract are paid,
any remaining refund will be paid to you.
H. Default: You will be in default if:
1. You do not make a payment when it is due; or
2. You gave false or misleading information on your credit application relating to this contract; or
3. Your vehicle is seized by any local, state, or federal authority and is not promptly and unconditionally returned to you; or
4, You file a bankruptcy petition or one is filed against you; or
5. You do not keep any other promise in this contract.
If you default, Creditor can exercise Creditor's rights under this contract and Creditor's other rights under the law.
|. Repossession: If you default, the Creditor may require you to pay at once the unpaid Amount Financed, the earned and
unpaid part of the Finance Charge and all other amounts due under this contract. Creditor may repossess (take back) the vehicle,
too. Creditor may also take goods found in or on the vehicle when repossessed and hold them for you.
J. Your Right to Redeem: If the vehicle is taken back, Creditor will send you a notice. The notice will say that you may redeem
(buy back) the vehicle and will explain how to redeem the vehicle. You may redeem the vehicle up to the time the Creditor sells it
or agrees to sell it. If you do not redeem the vehicle, it will be sold.
K. Disposition of Motor Vehicl If the vehicle is taken back and sold, the money from the sale, less allowed expenses, will be
used to pay the amount still owed on the contract. Allowed expenses include those paid as a direct result of having to retake the
vehicle, hold it, prepare it for sale, and sell it. Reasonable lawyer's fees and legal costs are allowed, too. If there is any money left
(surplus), it will be paid to you. If the money from the sale is not enough to pay off this contract and costs, you will pay what is still
owed to the Creditor. If you do not pay the amount when the Creditor asks, the Creditor may charge you interest at the highest
lawful rate until you pay.
L. Collection Costs: Except as otherwise provided by law, you must pay any and all expenses related to enforcing this contract,
including collection expenses, lawyers' fees and other legal expenses.
M. Consumer Reports: You authorize the Assignee to obtain consumer credit reports from consumer reporting agencies (credit
bureaus) for any reason and at any time in connection with this contract.
N. Servicing and Collection: You agree that Creditor, Creditor's affiliates, agents and service providers may monitor and record
telephone calls regarding your account to assure the quality of our service or for other reasons. You also expressly consent and
agree that Creditor, Creditor's affiliates, agents and service providers may use written, electronic or verbal means to contact you.
This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text
messages, emails and/or automatic telephone dialing systems. You agree that Creditor, Creditor's affiliates, agents and service
providers may use any email address or any telephone number you provide, now or in the future, including a number for a cellular
phone or other wireless device, regardless of whether you incur charges as a result.
O. Applicable Law: You agree that this contract will be governed by the laws of the state of Florida.
P. General: This contract contains the entire agreement between Creditor and you relating to the sale and financing of the motor
vehicle. If any part of this contract is not valid, all other parts stay valid. If Creditor doesn’t enforce Creditor's rights every time,
Creditor can still enforce them later. Creditor will exercise all of Creditor's rights in a lawful way.
Buyer acknowledges and accepts assignment of this contract to the Assignee (and any successor to Assignee). Buyer also
consents to any subsequent assignment of this contract, and accepts this provision as notice of any such assignment, by
Assignee or anyone else without further notice to Buyer. This consent and notice specifically includes any assignment of the
security interest in the vehicle financed pursuant to this contract.
Q. Electronic Records and Signatures and Conversion to Paper: You agree to use electronic records and electronic
signatures to document this contract. Your electronic signatures will have the same effect as signatures on a paper contract.
There will be one authoritative copy of this contract. It will be the electronic copy in a document management system the Creditor
designates for storing it.
The Creditor may convert that authoritative copy to a paper original. The Creditor will do so by printing one paper copy marked
"Original." This paper original will have your electronic signature on it. It will have the same effect as if you had signed it originally
on paper.
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FTC NOTICES
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 Motor Vehicle Buyers Guide. If you are buying a used vehicle with this contract, federal regulations may
require a special Buyers Guide to be displayed on the window of the vehicle.
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,
Spanish Translation: Guia para compradors de vehiculos usados. LA INFORMACION QUE APARECE EN LA
VENTANILLA DE ESTE VEHICULO FORMA PARTE DE ESTE CONTRATO. LA INFORMACION CONTENIDA EN EL
FORMULARIO DE LA VENTANILLA ANULA CUALQUIER PREVISION QUE ESTABLEZCA LO CONTRARIO Y QUE
APAREZCA EN EL CONTRATO DE VENTA.
*Does not apply if purchased for commercial or agricultural use. In that case, you (debtor) will not assert against any assignee or subsequent
holder of this Contract any claims, defenses, or setoffs which you may have against the Seller or manufacturer of the vehicle.
Limited Right to Cancel
a) You understand that Seller is delivering the vehicle to
i ou on the date this contract is signed even though the Seller may still need
to verify your credit and assign this contract to a financial institution. You agree that Seller has the number of days stated on page 8
identify a financial institution that will accept this contract on terms acceptable to the
8 of this contract, either you or Seller may cancel this contract.
8
of this contract to identify a financial institution that will accept this contract and assi: in it to that financial institution. If Seller cannot
eller within the number of days stated on page
b) Seller will notify you if Seller elects to cancel this contract under paragraph (a). Upon receipt of such notice, you must immediately
return the vehicle to Seller in the same condition as you bought it except for reasonable wear and tear. If you do not return the
vehicle immediately, Seller may obtain it using any available legal remedies and you will be liable for all expenses related to retaking
the vehicle, You may cancel this contract under paragraph (a) only by returning the vehicle to Seller in the same condition as you
bought it except for reasonable wear and tear. Upon return of the vehicle, eller must give back to you all consideration you
provided to Seller for the purchase of the vehicle. You will have the option of paying the remaining balance to purchase the vehicle
or negotiating new financing terms with Seller.
icle. You agree to pay g eller the cost of repairing any damage to
jour possession. You ay re ee to maintain the insurance required by
¢) The terms of this contract are in full force while the vehicle is in
this contract and are responsible for any loss or damage to the vel
Seller
h i
harmless from any expenses, costs and fees arising out of any act
the vehicle while it is in your possession and to hol
pertaining to the operation of the vehicle while it is in your possession.
d) Nothing in this section gives you the right to cancel this contract for reasons unrelated to our assignment of this contract. The
terms of this limited right to cancel will survive cancellation of this contract.
GUARANTY
To cause the Seller to sell the vehicle described in this contract to the Buyer on credit, each person who signs below as a
"Guarantor" guarantees the payment of this contract. This means that if the Buyer fails to pay any money that is owed on this
contract, each person who signs as a guarantor will pay it when asked. Each Guarantor who signs below agrees that he will be liable
for the whole amount owed even if one or more other persons also signs this Guaranty. Each Guarantor also agrees to be liable
even if the Creditor does one or more of the following: (a) gives the Buyer more time to pay one or more payments, or (b) gives a
release in full or in part to any of the other Guarantors, or (c) releases any security. Each Guarantor also states that he has received
a completed paper copy of this contract and this Guaranty at the time of electronically signing.
Guarantor N/A
Address NIA
Guarantor Signs H N/A
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READ THIS ARBITRATION PROVISION CAREFULLY AND IN ITS ENTIRETY
ARBITRATION
Arbitration is a method of resolving any claim, dispute, or controversy (collectively, a "Claim") without filing a lawsuit in court. Either
you or Creditor ("us" or "we") (each, a "Party") may choose at any time, including after a lawsuit is filed, to have any Claim related to
this contract decided by arbitration. Neither party waives the right to arbitrate by first filing suit in a court of law. Claims include but are
not limited to the following: 1) Claims in contract, tort, regulatory or otherwise; 2) Claims regarding the interpretation, scope, or validity
of this provision, or arbitrability of any issue except for class certification; 3) Claims between you and us, your/our employees, agents,
successors, assigns, subsidiaries, or affiliates; 4) Claims arising out of or relating to your application for credit, this contract, or any
resulting transaction or relationship, including that with the dealer, or any such relationship with third parties who do not sign this
‘contract.
RIGHTS YOU AND WE AGREE TO GIVE UP
If either you or we choose to arbitrate a Claim, then you and we agree to waive the following rights:
° RIGHT TO A TRIAL, WHETHER BY A JUDGE OR JURY
° RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY
CLASS CLAIM YOU MAY HAVE AGAINST US WHETHER IN COURT OR IN ARBITRATION
. BROAD RIGHTS TO DISCOVERY AS ARE AVAILABLE IN A LAWSUIT
. RIGHT TO APPEAL THE DECISION OF AN ARBITRATOR
. OTHER RIGHTS THAT ARE AVAILABLE IN A LAWSUIT
RIGHTS YOU AND WE DO NOT GIVE UP: If a Claim is arbitrated, you and we will continue to have the following rights, without
waiving this arbitration provision as to any Claim: 1) Right to file bankruptcy in court; 2) Right to enforce the security interest in the
vehicle, whether by repossession or through a court of law; 3) Right to take legal action to enforce the arbitrator's decision; 4) Right to
request that a court of law review whether the arbitrator exceeded its authority; and (5) Right to seek remedies in small claims court for
disputes or claims within that court's jurisdiction.
You or we may choose the American Arbitration Association, (www.adr,org), or any other organization subject to our approval, to
conduct the arbitration. The applicable rules (the "Rules") may be obtained from the selected organization. If there is a conflict between
the Rules and this contract, this contract shall govern. This contract is subject to the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The
arbitration decision shall be in writing with a supporting opinion. Judgment upon the award rendered by the arbitrator may be entered in
any court having jurisdiction. To the extent that the total of your filing, administration, service or case management fee and your
arbitrator or hearing fee exceeds $200, we will pay the amount in excess of $200, unless you choose to pay one-half of the total or
unless the fees are reallocated in the award under applicable law or the organization's rules.
Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. Any
portion of this arbitration provision that is unenforceable shall be severed, and the remaining provisions shall be enforced. If a waiver of|
class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made,
the remainder of this arbitration provision shall be unenforceable. The validity and scope of the waiver of class action rights shall be
decided by the court and not by the arbitrator.
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This is a Copy of the Customer Completed signed electronic form held by RouteOne LLC.
Any change in this contract must be in writing and signed by you and the Creditor.
Buyer
Signs
1 (hen Co-Buyer
Signs
| N/A
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE
ARBITRATION PROVISION IN THIS CONTRACT.
The Annual Percentage Rate may be negotiated with the Seller. The Seller may assign this contract and may
retain its right to receive a portion of the Finance Charge.
LIMITED RIGHT TO CANCEL
By signing below, the Buyer and Co-buyer agree that the section on page 6 of this contract entitled “Limited Right to Cancel’ will
apply. The limited right to cancel this contract will end when Seller assigns this contract to a financial institution or within _30
days, whichever occurs first.
J Ge J N/A
Buyer Co-Buyer
NOTICE TO THE BUYER
a) Do not sign this contract before you read it or if it contains any blank spaces.
b) You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights.
Buyer (and Co-Buyer) acknowledge that (i) electronically
before signing this contract, Buyer (and Co-Buyer)
received and reviewed a true and completely filled in paper copy of this contract and (ii) electronically
at the time of
this contract, Buyer (andCo-Buyer) received a true and completely filled in paper copy of this contract.
signing
K Or K N/A
Buyer Signs Co-Buyer Signs
Seller PRESTIGE FORD INC ey LP Title Fiance Manager
THIS CONTRACT IS NOT VALID UNTIL YOU AND SELLER SIGN IT.
ASSIGNMENT
Seller will assign this contract electronically to _Ford Motor Credit Company LLC ("Assignee"). That Assignee will then have all
the Seller's rights, privileges, and remedies.
Seller PRESTIGE FORD INC. py M4 Title Fiance Manager
e-17609-SI (JUN 18) Page 8 of 8
e-17609-B-SI
7218829166-DP218829187 - This copy was created on Mon Nov 12 04:45:49 GMT 2018
FCus ACCOUNT NUMBER: 00000057134192
Ford Credit
P.O. Box 31111
Tampa, FL 33631-3111
NOVEMBER 20, 2022
JORGE GARCIA
PO Box 420505
SUMMERLAND KEY, FL 33042
ACCOUNT NUMBER: 0000087134192 CURRENT TERM: oat
YEAR: 2019 MAKE: FORD MODEL: F250
VIN: LPTTW2BT1KECO3744 ADDL VEH INFO:
DEAR CUSTOMER:
BELOW IS THE ITEMIZED HISTORY OF YOUR ACCOUNT BEGINNING WITH THE CONTRACT DATE
OP 11/12/18 AND REFLECTING ACTIVITY THROUGH 11/18/22.
IAIN E ISERIES HEE INE ISIN HS HSS ISIS TUDES OOD EIU RIES
CURRENT ACCOUNT STATUS
NUM, LATE LATE OTHER OTHER
CURR PMTS CURRENT CHARGES CHARGES FEES FEES
RATE DUE DATE REM BALANCE AMT DUE ASSESSED DUE ASSESSED DUE
12.44 12319999 ° 0.00 0.00 1576.66 0.00 45.00 9.00
TSHR S IRIS SRI S ISSUES SEIS IID ISEB SEEN E TIES A II
INVOICE TRANS DAYS ‘TRANSACTION TRAN DESCRIPTION PRINCIPAL
DUE DATE DATE LATE AMOUNT PRINCIPAL INTEREST FEES BALANCE
- ~---- - a------
11/12/18 81878 .04 CONTRACT AMOUNT 86193.74
12/26/18 01/07/19 12 1621.48 108.63 1512.85 0.00 86085.11
01/26/19 01/31/19 1621.48 973.93 647.55 0.00 a5111.18
02/26/19 03/05/19 1621.48 741.18 880.30 0.00 84370.00
03/26/19 04/02/19 1621.48 881.05 740.43 0.00 93488.95
04/26/19 05/02/19 1621.48 836.46 785.02 0.00 92652.49
05/26/19 06/04/19 1625.00 770.12 954.88 0.00 81882.37
06/26/19 07/02/19 1650.00 931.41 718.59 0.00 80950.96
07/26/19 08/05/19 1589.44 726.79 862.65 0.00 80224.17
EXHIBIT “f,”
Feus ACCOUNT NUMBER: 00000057134192
NOVEMBER 20, 2022
JORGE GARCIA
PO Box 420505
SUMMERLAND KEY, FL 33042
INVOICE TRANS DAYS TRANSACTION ~ ‘TRAN DESCRIPTION - PRINCIPAL
DUE DATE DATE LATE AMOUNT PRINCIPAL
Preview
35-2024-CA-000550-AXXX-01 Filing # 194634765 E-Filed 03/22/2024 02:31:09 PM IN THE CIRCUIT COURT OF THE 5TH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA CASE NO. Civil Division FORD MOTOR CREDIT COMPANY LLC, a Delaware Limited Liability Company, Plaintiff, vs. JORGE GARCIA Defendant(s). / COMPLAINT Plaintiff, FORD MOTOR CREDIT COMPANY LLC, a Delaware Limited Liability Company authorized to do business in Florida, files this it’s Complaint against the Defendant(s) and states: 1 This is an action for damages which exceed Fifty Thousand Dollars ($50,000.00) and is within the jurisdiction of this Court. Plaintiff, FORD MOTOR CREDIT COMPANY LLC, is a Delaware Limited Liability Company authorized to conduct business in Florida. On or about 11/12/2018, Defendant(s) executed a Florida Vehicle Retail Installment Contract, a copy of which is attached hereto as Plaintiff's Exhibit “A.” Plaintiff is in possession of the Florida Vehicle Retail Installment Contract. The Defendant(s) defaulted due to non-payment under the Florida Vehicle Retail Installment Contract for the subject vehicle, a 2019 FORD SUPER DUTY F-250 SRW, VIN: 1FT7W2BT1KEC03744. Upon charge-off, there remains a balance due and owing by Defendant(s) in the sum of $70,942.11, together with interest, which Plaintiff has demanded. A copy of the breakdown calculations is attached hereto as Exhibit “B.” Plaintiff has performed all conditions precedent to its right to recovery. Plaintiff has obligated itself to pay its attorneys a reasonable fee for their services in this cause. If Plaintiff is successful in this action, Defendant(s) is/are responsible for the payment of these attorney’s fees under the terms of the Florida Vehicle Retail Installment Contract. In the event this matter is by default, a reasonable attorney’s fee would be $500.00. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 03/22/2024 03:03:56 PM This is an attempt to collect a debt. Any information obtained will be used for that purpose. WHEREFORE, the Plaintiff demands judgment in the amount of $70,942.11, together with interest, court costs and a reasonable attorney’s fee. Dated: MAR 2 2 2024 Moody, Jones & Ingino, P.A. Attorney for Plaintiff 1333 S. University Drive, Suite 201 Plantation, Florida 33324-4001 Telephone: 954-473-6605 Facsimile: 954-473-6855 E-Mail: mingino@moodyjones.com By: /s/ Michael Ingino Michael J. Ingino, Esquire Florida Bar No. 0057721 9000026371.001 / 250 This is a Copy of the Customer Completed signed electronic form held by RouteOne LLC. FLORIDA VEHICLE RETAIL INSTALLMENT CONTRACT DATE 11/12/2018 Buyer (and Co-Buyer) Name and Address (Including County and Zip] SELLER/CREDITOR (Seller Name and Address) Code) JORGE GARCIA PRESTIGE FORD INC 24917 HUNT LN PO BOX 1350, 17701 HIGHWAY 441 Summerland Key, FL 33042-4441 MONROE MOUNT DORA, FL 32757 NIA July Month of Birth You, the Buyer (and Co-Buyer, if any), may buy the vehicle described in this contract for cash or on credit. The cash price is shown on Page 2 as "Cash Price.” The credit price is shown below as "Total Sale Price." By signing this contract, you choose to buy the vehicle ‘on credit under the agreements in this contract. = FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL FINANCE Amount Total of Total Sale PERCENTAGE CHARGE Financed Payments Price RATE The dollar amount The amount of The amount The total cost The cost of your the credit will credit provided you will have: of your purchase credit as a yearly rate cost you to you or on paid when you on credit, your behalf have made all including your scheduled downpayment -800-727-7000 payments of $_ 4,027.56 €ZZP | rorocreoir % $35,417.26 $26,193.74 $ 121,611.00 $ 125,638.56 11.44 Your Payment Schedule will be: www.fordcredit.com Number of Payments ‘Amount of Payments When Payments are Due Monthly unless otherwise checked 1 Semi-Annually () Annually 75 $ 1,621.48 Starling 12/26/2018 Prepayment: If you pay off your debt early, you will not have to pay a penalty. Security Interest: You are giving a security interest in the vehicle being purchased. Late Payment: You must pay a late charge on the portion of each payment received more than 10 days late. The charge is 5 percent of the late amount. Contract: Please see this contract for additional information on security interest, nonpayment, default, the right to require repayment of your debt in full before the scheduled date, and prepayment penalty. BALLOON CONTRACT PROVISIONS Your last scheduled payment under this contract is a balloon payment. EXCESS WEAR, USE AND MILEAGE CHARGES If the box directly above is checked, this section, Paragraph B, and Paragraph C of this contract apply. You may be charged for excessive wear based upon our standards for normal use. If you exercise the option to transfer ownership of the vehicle to Creditor under Paragraph B, you must pay the Creditor $0.N/A per mile for each mile in excess of NIA miles shown on the odometer, The Annual Percentage Rate may be negotiated with the Seller. The Seller may assign this contract and may retain its right to receive a portion of the Finance Charge. Florida documentary stamp tax required by law in the amount of $ 301.70 has been paid or will be paid directly to the Department of Revenue, Certificate of Registration #39-8000747771-3 e-17609-S! (JUN 18) Page 1 of 8 e-17609-B-S} EXHIBIT“; » 1218829166-DP21 8829187 - This copy was created on Mon Nov 12 04:45:49 GMT 2018 This is a Copy of the Customer Completed signed electronic form held by RouteOne LLC. New/Used Mileage Year and Make Model Vehicle Identification Number Use For Which Purchased Personal use unless otherwise New 26 2019 Ford Super Duty F-250 SRW 1FT7W2BT1KEC03744 checked below 1 Commercial [ Agricultural Trade-in 2016 Audi § 26,000.00 $ 38,472.44 Year and Make Gross Allowance Amount Owing ITEMIZATION OF AMOUNT FINANCED 41, Cash Price ... $ 85,436.27 (4) 2. Down Payment Third Party Rebate Assigned to Creditor NIA Cash Paid . 1 100.00 Manuf. Rebate 41,500.00 Trade-in (description above) ..... ~12,472.44 Total Down Payment .... $ 4,027.56 (2) 3. Unpaid Balance of Cash Price (1 minus 2) .. 8 1,408.71 (3) $ —— 81,408.71 4. Amounts paid on your behalf (Seller may be retaining a portion of these amounts) To Public Officials (i) for license, title & registration fees $ 169.75; (ii) for official fees $ NA; (iii) for documentary stamps $ 301.70; (iv) for taxes (not in Cash Price) $ 241.13 712.58 To Insurance Companies for: Credit Life Insurance .... N/A Credit Disability Insurance .... NIA N/A N/A N/A NIA To Ford Extended Service Coverage for Service Plan 3,215.00 To Premier Dealer Services for GAP Waiver 799.00 To State of FL = for Tire Fee 5.00 To TITLE TEC for Temp Tag Proc Fee 49.95 To State of FL for Battery Fee 1.50 To State of FL for Motor Veh. Warranty Trust Fund 2.00 To NIA for N/A NIA To N/A for N/A NIA To NA for N/A NIA To N/A for N/A NIA Total $ 4,785.03 (4) 5. Amount Financed (3 plus 4) $ 86,193.74 (5) Debt Cancellation Waiver Addendum (Optional) Purchase of the debt cancellation waiver is optional and is not required to obtain credit. The terms and conditions of the debt cancellation waiver are set forth in the attached Addendum which is incorporated into this contract. By signing below you agree to purchase the debt cancellation waiver for the price set forth on this contract in the Itemization of Amount Financed under section 4. A Buyer Signs e-17609-SI (JUN 18) Page 2 of 8 e-17609-B-S} 7218829166-DP218829187 - This copy was created on Mon Nov 12 04:45:49 GMT 2018 This is a Copy of the Customer Completed signed electronic form held by RouteOne LLC. ——— INSURANCE YOU ARE REQUIRED TO INSURE THE VEHICLE. YOU MAY OBTAIN VEHICLE INSURANCE FROM A PERSON OF YOUR CHOICE. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED. CREDIT LIFE, CREDIT DISABILITY AND OTHER OPTIONAL INSURANCE ARE NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE PREMIUM. 1. Buyer understands that he has the option of assigning any other policy or policies Buyer owns or may procure for the purpose of covering this retail instalment sale and the policy need not be purchased from the Creditor in order to obtain credit. B N/A B N/A Buyer Signs Co-Buyer Signs 2. Buyer understands that the credit life coverage may be deferred if, at the time of application, Buyer is unable to engage in employment or unable to perform normal activities of a person of like age and sex, if the proposed credit life insurance policy contains this restriction. C N/A C N/A Buyer Signs Co-Buyer Signs 3. Buyer understands that the benefits under the policy will terminate when Buyer reaches a certain age and that Buyer's age is accurately represented on the application or policy. D N/A D N/A Buyer Signs Co-Buyer Signs Credit Life NIA $ NIA NIA Insurance Company Premium Insured(s) You want Credit Life Insurance. E N/A E N/A Buyer Signs Co-Buyer Signs Credit Disability NIA $ N/A NIA Insurance Company Premium Insured(s) You want Credit Disability Insurance. F N/A F N/A Buyer Signs Co-Buyer Signs Other Coverage Insurance Company Premium Term in Months Optional Insurance Service Plan Ford Extended Service Coverage $3,215.00 60 — ee NIA NIA N/A NIA ao NIA NIA N/A N/A NIA N/A NIA NIA NIA N/A N/A NIA You want the optional insurance for which premiums are included above. 6 Bk G N/A Buyer Signs Co-Buyer Signs Credit Life and Credit Disability insurance are for the term of the contract. The amount and coverages are shown in a notice or agreement given to you today. e-17609-SI (JUN 18) Page 3 of 8 e-17609-B-S] 7218829166-DP218829187 - This copy was created on Mon Nov 12 04:45:49 GMT 2018 This is a Copy of the Customer Completed signed electronic form held by RouteOne LLC. ADDITIONAL AGREEMENTS A. Payments: You must make all payments in U.S. funds when they are due. You may prepay your debt at any time without penalty. This is a simple finance charge contract. The actual finance charge you agree to pay will depend on your payment patterns. The actual finance charge may exceed the disclosed Finance Charge if you make your payments later than the scheduled dates or in less than the scheduled amount. Your payment will be applied first to the earned and unpaid part of the Finance Charge and then to the unpaid Amount Financed. The Finance Charge is earned by applying the Annual Percentage Rate to the unpaid Amount Financed for the actual time that the unpaid Amount Financed is outstanding. Upon your request, Assignee may agree to allow you to extend the due date of all or any part of any installment payment for an extension fee of $15.00. You will also be required to extend the insurance coverage required by the contract to cover the extension period. In addition to the extension fee, you will also be required to pay any additional finance charges which accrue as a result of your being allowed to extend your payment. B. Balloon Payment Contracts: If your last scheduled payment under this contract is a balloon payment as indicated on Page 1 of this contract, you have three options to handle the balloon payment. First, you may pay all that you owe, and keep your motor vehicle. Second, you may refinance all that you owe unless you are in default under this contract. If the Creditor has advanced funds to cure any default, you must pay back the Creditor before the refinancing. You also must provide proof of insurance acceptable to Creditor before the refinancing. The refinancing Annual Percentage Rate (APR) will be agreed to by you and the Creditor at the time of refinancing and will not exceed the maximum APR permitted by law. Your refinanced monthly payment will be the same as in this contract if the refinanced amount will be fully paid in 36 months or less. Otherwise, your monthly payment will be the amount needed to fully pay the refinanced amount in 36 months. If you wish to refinance, you must notify the Creditor in writing no later than 30 days prior to the balloon payment due date. Third, you may transfer ownership of the vehicle to the Creditor, and an amount equal to your originally scheduled balloon payment will be applied toward the satisfaction of all that you owe. Creditor will add a $475 Disposal Fee to the amount that you owe and, if applicable, will add any excess mileage charges (as described on Page 1 of this contract) and any estimated costs of vehicle repairs that are the result of excess wear and use (as described in Paragraph C). If the amount of your originally scheduled balloon payment does not satisfy all that you owe, you will pay the difference. You must take the vehicle to a place selected by the Creditor for inspection no later than 15 days prior to the balloon payment due date. After the inspection, if you decide to transfer ownership of the vehicle to the Creditor, you must give the vehicle to the Creditor no later than the balloon payment due date. At that time, you must provide the Creditor a title, which shows no liens other than the Creditor's lien, transferring ownership to the Creditor or a person selected by the Creditor. You must also provide other documents as needed. If you decide not to transfer ownership of the vehicle after inspection, you must immediately inform the Creditor if you want to refinance under the second option above. C. Damage Repair: If your last scheduled payment under this contract is a balloon payment and you transfer ownership of the vehicle to the Creditor under Paragraph B, you are responsible for all repairs to the vehicle that are not the result of normal wear and use. These repairs include, but are not limited to those necessary to repair or replace: (a) tires that have sidewall damage/plugs, exposed cords/belts, or are unmatched for vehicle or unsafe; (b) electrical or mechanical defects or malfunctions; (c) glass, paint, body panels, trim and grill work that are broken, mismatched, chipped, scratched, pitted, cracked, or if applicable, dented; (d) interior rips, stains, burns or damaged areas; (e) replacement of any missing equipment or parts that were in or on the vehicle when delivered; and (f) all damage which would be covered by collision or comprehensive insurance whether or not such insurance is actually in force. Replacement of sheet metal and all other repairs must be made with Original Equipment Manufacturer parts. Your use or repair of the vehicle must not invalidate any warranty. You will owe the estimated costs of such repairs unless repairs are made at your expense prior to the transfer of ownership of the vehicle to the Creditor. You will maintain the odometer of the vehicle so that it always reflects the vehicle’s actual mileage. If the odometer is at any time inoperative, you will provide reasonable evidence of the vehicle’s actual mileage. If you are unable to do so, you will pay us our estimate of any reduction of the vehicle’s wholesale value caused by the inability to determine the vehicle's actual mileage. D. Security Interest: You give the Creditor a security interest in: 1, The vehicle and all parts or other goods put on the vehicle; 2. All money or goods received for the vehicle; and 3. All insurance premiums and service contracts financed for you. This secures payment of all amounts you owe under this contract. It also secures your other agreements in this contract. E. Use of Vehicle - Warranties: You must take care of the vehicle and obey all laws in using it. You may not sell or rent the vehicle, and you must keep it free from the claims of others. You will not use or permit the use of the vehicle outside of the United States, except for up to 30 days in Canada or Mexico, without the prior written consent of the Creditor. If the vehicle is of a type normally used for personal use and the Creditor, or the vehicle's manufacturer, extends a written warranty or service contract covering the vehicle within 90 days from the date of this contract, you get implied warranties of merchantability and fitness for a particular purpose covering the vehicle. Otherwise, you understand and agree that there are no such implied warranties, except as otherwise provided by law. e-17609-SI (JUN 18) Page 4 of 8 e-17609-B-SI 7218829166-DP218829187 - This copy was created on Mon Nov 12 04:45:49 GMT 2018 This is a Copy of the Customer Completed signed electronic form held by RouteOne LLC. F. Vehicle Insurance: You must insure the vehicle against loss or damage from collision, fire or theft. You must name Creditor as the loss payee under the insurance policy. The Creditor must approve the type and amount of insurance. If the vehicle is lost, damaged or destroyed, you must pay the Creditor what is still owed. You agree that the Creditor can make a claim under the insurance policy. You authorize the insurance company to provide Creditor any information Creditor believes necessary to make a clail You must use insurance proceeds to repair the vehicle, unless the damage to the vehicle is considered a total loss. If the damage to the vehicle is considered a total loss, you must use the insurance proceeds to pay what you owe the Creditor. If your insurance on the vehicle doesn't pay all you owe, you must pay what is still owed. G. Returned Insurance Premiums and Service Contract Charges: This contract may contain charges for insurance, service contracts, or other contracts. You agree that the Creditor can claim benefits under these contracts and unless prohibited by law, terminate them to obtain refunds of unearned charges to reduce what you owe. If the Creditor gets a refund on insurance, service contracts, or other contracts, the Creditor will subtract it from what you owe. Once all amounts owed under this contract are paid, any remaining refund will be paid to you. H. Default: You will be in default if: 1. You do not make a payment when it is due; or 2. You gave false or misleading information on your credit application relating to this contract; or 3. Your vehicle is seized by any local, state, or federal authority and is not promptly and unconditionally returned to you; or 4, You file a bankruptcy petition or one is filed against you; or 5. You do not keep any other promise in this contract. If you default, Creditor can exercise Creditor's rights under this contract and Creditor's other rights under the law. |. Repossession: If you default, the Creditor may require you to pay at once the unpaid Amount Financed, the earned and unpaid part of the Finance Charge and all other amounts due under this contract. Creditor may repossess (take back) the vehicle, too. Creditor may also take goods found in or on the vehicle when repossessed and hold them for you. J. Your Right to Redeem: If the vehicle is taken back, Creditor will send you a notice. The notice will say that you may redeem (buy back) the vehicle and will explain how to redeem the vehicle. You may redeem the vehicle up to the time the Creditor sells it or agrees to sell it. If you do not redeem the vehicle, it will be sold. K. Disposition of Motor Vehicl If the vehicle is taken back and sold, the money from the sale, less allowed expenses, will be used to pay the amount still owed on the contract. Allowed expenses include those paid as a direct result of having to retake the vehicle, hold it, prepare it for sale, and sell it. Reasonable lawyer's fees and legal costs are allowed, too. If there is any money left (surplus), it will be paid to you. If the money from the sale is not enough to pay off this contract and costs, you will pay what is still owed to the Creditor. If you do not pay the amount when the Creditor asks, the Creditor may charge you interest at the highest lawful rate until you pay. L. Collection Costs: Except as otherwise provided by law, you must pay any and all expenses related to enforcing this contract, including collection expenses, lawyers' fees and other legal expenses. M. Consumer Reports: You authorize the Assignee to obtain consumer credit reports from consumer reporting agencies (credit bureaus) for any reason and at any time in connection with this contract. N. Servicing and Collection: You agree that Creditor, Creditor's affiliates, agents and service providers may monitor and record telephone calls regarding your account to assure the quality of our service or for other reasons. You also expressly consent and agree that Creditor, Creditor's affiliates, agents and service providers may use written, electronic or verbal means to contact you. This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems. You agree that Creditor, Creditor's affiliates, agents and service providers may use any email address or any telephone number you provide, now or in the future, including a number for a cellular phone or other wireless device, regardless of whether you incur charges as a result. O. Applicable Law: You agree that this contract will be governed by the laws of the state of Florida. P. General: This contract contains the entire agreement between Creditor and you relating to the sale and financing of the motor vehicle. If any part of this contract is not valid, all other parts stay valid. If Creditor doesn’t enforce Creditor's rights every time, Creditor can still enforce them later. Creditor will exercise all of Creditor's rights in a lawful way. Buyer acknowledges and accepts assignment of this contract to the Assignee (and any successor to Assignee). Buyer also consents to any subsequent assignment of this contract, and accepts this provision as notice of any such assignment, by Assignee or anyone else without further notice to Buyer. This consent and notice specifically includes any assignment of the security interest in the vehicle financed pursuant to this contract. Q. Electronic Records and Signatures and Conversion to Paper: You agree to use electronic records and electronic signatures to document this contract. Your electronic signatures will have the same effect as signatures on a paper contract. There will be one authoritative copy of this contract. It will be the electronic copy in a document management system the Creditor designates for storing it. The Creditor may convert that authoritative copy to a paper original. The Creditor will do so by printing one paper copy marked "Original." This paper original will have your electronic signature on it. It will have the same effect as if you had signed it originally on paper. e-17609-SI (JUN 18) Page 5 of 8 e-17609-B-SI 7218829166-DP218829187 - This copy was created on Mon Nov 12 04:45:49 GMT 2018 This is a Copy of the Customer Completed signed electronic form held by RouteOne LLC. FTC NOTICES 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 Motor Vehicle Buyers Guide. If you are buying a used vehicle with this contract, federal regulations may require a special Buyers Guide to be displayed on the window of the vehicle. 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, Spanish Translation: Guia para compradors de vehiculos usados. LA INFORMACION QUE APARECE EN LA VENTANILLA DE ESTE VEHICULO FORMA PARTE DE ESTE CONTRATO. LA INFORMACION CONTENIDA EN EL FORMULARIO DE LA VENTANILLA ANULA CUALQUIER PREVISION QUE ESTABLEZCA LO CONTRARIO Y QUE APAREZCA EN EL CONTRATO DE VENTA. *Does not apply if purchased for commercial or agricultural use. In that case, you (debtor) will not assert against any assignee or subsequent holder of this Contract any claims, defenses, or setoffs which you may have against the Seller or manufacturer of the vehicle. Limited Right to Cancel a) You understand that Seller is delivering the vehicle to i ou on the date this contract is signed even though the Seller may still need to verify your credit and assign this contract to a financial institution. You agree that Seller has the number of days stated on page 8 identify a financial institution that will accept this contract on terms acceptable to the 8 of this contract, either you or Seller may cancel this contract. 8 of this contract to identify a financial institution that will accept this contract and assi: in it to that financial institution. If Seller cannot eller within the number of days stated on page b) Seller will notify you if Seller elects to cancel this contract under paragraph (a). Upon receipt of such notice, you must immediately return the vehicle to Seller in the same condition as you bought it except for reasonable wear and tear. If you do not return the vehicle immediately, Seller may obtain it using any available legal remedies and you will be liable for all expenses related to retaking the vehicle, You may cancel this contract under paragraph (a) only by returning the vehicle to Seller in the same condition as you bought it except for reasonable wear and tear. Upon return of the vehicle, eller must give back to you all consideration you provided to Seller for the purchase of the vehicle. You will have the option of paying the remaining balance to purchase the vehicle or negotiating new financing terms with Seller. icle. You agree to pay g eller the cost of repairing any damage to jour possession. You ay re ee to maintain the insurance required by ¢) The terms of this contract are in full force while the vehicle is in this contract and are responsible for any loss or damage to the vel Seller h i harmless from any expenses, costs and fees arising out of any act the vehicle while it is in your possession and to hol pertaining to the operation of the vehicle while it is in your possession. d) Nothing in this section gives you the right to cancel this contract for reasons unrelated to our assignment of this contract. The terms of this limited right to cancel will survive cancellation of this contract. GUARANTY To cause the Seller to sell the vehicle described in this contract to the Buyer on credit, each person who signs below as a "Guarantor" guarantees the payment of this contract. This means that if the Buyer fails to pay any money that is owed on this contract, each person who signs as a guarantor will pay it when asked. Each Guarantor who signs below agrees that he will be liable for the whole amount owed even if one or more other persons also signs this Guaranty. Each Guarantor also agrees to be liable even if the Creditor does one or more of the following: (a) gives the Buyer more time to pay one or more payments, or (b) gives a release in full or in part to any of the other Guarantors, or (c) releases any security. Each Guarantor also states that he has received a completed paper copy of this contract and this Guaranty at the time of electronically signing. Guarantor N/A Address NIA Guarantor Signs H N/A e-17609-SI (JUN 18) Page 6 of 8 e-17609-B-SI 7218829166-DP218829187 - This copy was created on Mon Nov 12 04:45:49 GMT 2018 This is a Copy of the Customer Completed signed electronic form held by RouteOne LLC. READ THIS ARBITRATION PROVISION CAREFULLY AND IN ITS ENTIRETY ARBITRATION Arbitration is a method of resolving any claim, dispute, or controversy (collectively, a "Claim") without filing a lawsuit in court. Either you or Creditor ("us" or "we") (each, a "Party") may choose at any time, including after a lawsuit is filed, to have any Claim related to this contract decided by arbitration. Neither party waives the right to arbitrate by first filing suit in a court of law. Claims include but are not limited to the following: 1) Claims in contract, tort, regulatory or otherwise; 2) Claims regarding the interpretation, scope, or validity of this provision, or arbitrability of any issue except for class certification; 3) Claims between you and us, your/our employees, agents, successors, assigns, subsidiaries, or affiliates; 4) Claims arising out of or relating to your application for credit, this contract, or any resulting transaction or relationship, including that with the dealer, or any such relationship with third parties who do not sign this ‘contract. RIGHTS YOU AND WE AGREE TO GIVE UP If either you or we choose to arbitrate a Claim, then you and we agree to waive the following rights: ° RIGHT TO A TRIAL, WHETHER BY A JUDGE OR JURY ° RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US WHETHER IN COURT OR IN ARBITRATION . BROAD RIGHTS TO DISCOVERY AS ARE AVAILABLE IN A LAWSUIT . RIGHT TO APPEAL THE DECISION OF AN ARBITRATOR . OTHER RIGHTS THAT ARE AVAILABLE IN A LAWSUIT RIGHTS YOU AND WE DO NOT GIVE UP: If a Claim is arbitrated, you and we will continue to have the following rights, without waiving this arbitration provision as to any Claim: 1) Right to file bankruptcy in court; 2) Right to enforce the security interest in the vehicle, whether by repossession or through a court of law; 3) Right to take legal action to enforce the arbitrator's decision; 4) Right to request that a court of law review whether the arbitrator exceeded its authority; and (5) Right to seek remedies in small claims court for disputes or claims within that court's jurisdiction. You or we may choose the American Arbitration Association, (www.adr,org), or any other organization subject to our approval, to conduct the arbitration. The applicable rules (the "Rules") may be obtained from the selected organization. If there is a conflict between the Rules and this contract, this contract shall govern. This contract is subject to the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The arbitration decision shall be in writing with a supporting opinion. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. To the extent that the total of your filing, administration, service or case management fee and your arbitrator or hearing fee exceeds $200, we will pay the amount in excess of $200, unless you choose to pay one-half of the total or unless the fees are reallocated in the award under applicable law or the organization's rules. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. Any portion of this arbitration provision that is unenforceable shall be severed, and the remaining provisions shall be enforced. If a waiver of| class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this arbitration provision shall be unenforceable. The validity and scope of the waiver of class action rights shall be decided by the court and not by the arbitrator. e-17609-SI (JUN 18) Page 7 of 8 e-17609-B-S] 7218829166-DP218829187 - This copy was created on Mon Nov 12 04:45:49 GMT 2018 This is a Copy of the Customer Completed signed electronic form held by RouteOne LLC. Any change in this contract must be in writing and signed by you and the Creditor. Buyer Signs 1 (hen Co-Buyer Signs | N/A YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION IN THIS CONTRACT. The Annual Percentage Rate may be negotiated with the Seller. The Seller may assign this contract and may retain its right to receive a portion of the Finance Charge. LIMITED RIGHT TO CANCEL By signing below, the Buyer and Co-buyer agree that the section on page 6 of this contract entitled “Limited Right to Cancel’ will apply. The limited right to cancel this contract will end when Seller assigns this contract to a financial institution or within _30 days, whichever occurs first. J Ge J N/A Buyer Co-Buyer NOTICE TO THE BUYER a) Do not sign this contract before you read it or if it contains any blank spaces. b) You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights. Buyer (and Co-Buyer) acknowledge that (i) electronically before signing this contract, Buyer (and Co-Buyer) received and reviewed a true and completely filled in paper copy of this contract and (ii) electronically at the time of this contract, Buyer (andCo-Buyer) received a true and completely filled in paper copy of this contract. signing K Or K N/A Buyer Signs Co-Buyer Signs Seller PRESTIGE FORD INC ey LP Title Fiance Manager THIS CONTRACT IS NOT VALID UNTIL YOU AND SELLER SIGN IT. ASSIGNMENT Seller will assign this contract electronically to _Ford Motor Credit Company LLC ("Assignee"). That Assignee will then have all the Seller's rights, privileges, and remedies. Seller PRESTIGE FORD INC. py M4 Title Fiance Manager e-17609-SI (JUN 18) Page 8 of 8 e-17609-B-SI 7218829166-DP218829187 - This copy was created on Mon Nov 12 04:45:49 GMT 2018 FCus ACCOUNT NUMBER: 00000057134192 Ford Credit P.O. Box 31111 Tampa, FL 33631-3111 NOVEMBER 20, 2022 JORGE GARCIA PO Box 420505 SUMMERLAND KEY, FL 33042 ACCOUNT NUMBER: 0000087134192 CURRENT TERM: oat YEAR: 2019 MAKE: FORD MODEL: F250 VIN: LPTTW2BT1KECO3744 ADDL VEH INFO: DEAR CUSTOMER: BELOW IS THE ITEMIZED HISTORY OF YOUR ACCOUNT BEGINNING WITH THE CONTRACT DATE OP 11/12/18 AND REFLECTING ACTIVITY THROUGH 11/18/22. IAIN E ISERIES HEE INE ISIN HS HSS ISIS TUDES OOD EIU RIES CURRENT ACCOUNT STATUS NUM, LATE LATE OTHER OTHER CURR PMTS CURRENT CHARGES CHARGES FEES FEES RATE DUE DATE REM BALANCE AMT DUE ASSESSED DUE ASSESSED DUE 12.44 12319999 ° 0.00 0.00 1576.66 0.00 45.00 9.00 TSHR S IRIS SRI S ISSUES SEIS IID ISEB SEEN E TIES A II INVOICE TRANS DAYS ‘TRANSACTION TRAN DESCRIPTION PRINCIPAL DUE DATE DATE LATE AMOUNT PRINCIPAL INTEREST FEES BALANCE - ~---- - a------ 11/12/18 81878 .04 CONTRACT AMOUNT 86193.74 12/26/18 01/07/19 12 1621.48 108.63 1512.85 0.00 86085.11 01/26/19 01/31/19 1621.48 973.93 647.55 0.00 a5111.18 02/26/19 03/05/19 1621.48 741.18 880.30 0.00 84370.00 03/26/19 04/02/19 1621.48 881.05 740.43 0.00 93488.95 04/26/19 05/02/19 1621.48 836.46 785.02 0.00 92652.49 05/26/19 06/04/19 1625.00 770.12 954.88 0.00 81882.37 06/26/19 07/02/19 1650.00 931.41 718.59 0.00 80950.96 07/26/19 08/05/19 1589.44 726.79 862.65 0.00 80224.17 EXHIBIT “f,” Feus ACCOUNT NUMBER: 00000057134192 NOVEMBER 20, 2022 JORGE GARCIA PO Box 420505 SUMMERLAND KEY, FL 33042 INVOICE TRANS DAYS TRANSACTION ~ ‘TRAN DESCRIPTION - PRINCIPAL DUE DATE DATE LATE AMOUNT PRINCIPAL