Preview
INDEX NO. E2024006220
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3820427
Book Page CIVIL
Return To: No. Pages: 6
JOSEPH M. SHUR
28 East Main St., Suite 1800 Instrument: EXHIBIT(S)
Rochester, NY 14614
Control #: 202404111431
Index #: E2024006220
Date: 04/11/2024
Credit Acceptance Corporation Time: 3:18:24 PM
Auston, Latoya M
Austin, Latoya M
Dorsey, Mark E
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
MOT
INDE&& NOE 2624026225
220
FLEEH “MONROE COUNTY CLERK o 0471172024 11:02 AM
NYSCEF DOC. NO. 2 eC of f lec ain RECEIVED NYSCEF: 04/11/2024
i ae y
wirSe o SG
RETAIL INSTALMENT CONTRACT
account + i LoT#_& x
Buyer Name and Address Buyer Name and Address Creditor-Seller Name and Address
LATOYA M AUSTIN MARK E DORSEY SANTA MOTORS INC
62 KENWOOD AVE 9 BELMORE WAY 915 E RIDGE ROAD
Apt #3 ROCHESTER, NY 14612 ROCHESTER, N¥ 14621
ROCHESTER, NY 14611
You" and “Your” mean each Buyer above, jointly and several ‘Us’, and “We" mean Creditor-Seller and Creditor-Seller's assignee. You may buy the Vehicle
described below for cash or credit. The cash price is shown on Page 2. as the "Cash Price” The credit price is shown below as “Total Sale Price’ ‘ou have reed
to buy the Vehicle from Us on credit for the Total Sale Price. You acknowledge eaves and acceptance of the Vehicle in good condition and repair You r
to pay Us all amounts due under this Retail Instalment Contract (“Contract’’ i includingtk 1e Total Sale Price, in accordance with the payment schedule st in
Truth in Lending Disclosures below. You also agree to the terms and cont ditions below {including the Truth in Lending Disclosures) and on the additional pages
of this Contract. You aqree to pay Us a credit service charge at the Annual Percentage Rate shown below. ‘The Annual Percentage Rate may be negotiable with Us.
1
Used
Year and Make
2017 Chevrolet
Model and Body Style
Equinox | Color
BLUE
Vehicle Identification Number
2GNFLFEK7H6205680
Odometer
59
Reading
0
TRUTH IN LENDING DISCLOSURES
ANNUA NAN Amount Total of Total Sale Price
PERCENTAGE CHARGE Financed Payments The total cost of Your
RATE The dollar amount The amount of credit The amount You will purchase on credit,
The cost of Your the credit will cost provided to You or on have paid after You including Your
credit as a yearly ‘ou. Your behalf. have made all payments down payment of
rate.
$19,867.89
as scheduled $1,500.00 is
22.99%
g 23,329.95 $ 43,197.84 $44,697.84
Payment Schedule: Your payment schedule wilt be’
No. of Payments Amount of Payments. When Payments Are Due
72 $ 599.97 Monthly beginning May 11, 2020
rie che 7 Moy are givinga , security: inte binythe good c —
Gey
EK
exif ah payment is}npre thate40- days | fonduotal
will ofeibe g Pah
nt: If Yeu pay'early, You malbechiitielLoa ws VA
Additional Information: Please read this this Contract eatany additional information about nonpayment, default, any Lae renee!
in full before the scheduled date, and prepayment refunds and penalties,
LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS
NOT INCLUDED.
PROPERTY INSURANCE: You must insure the Vehicle securing this Contract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH
ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US , as more fully described on page 3.
ARBITRATION: This Contract contains an Arbitration Clause that states You and We may elect to resolve any dispute by arbitration
land not by court action. See the Arbitration Clause on Page 5 of this Contract for the full terms and conditions of the Arbitration
Clause. y initialing below, you confirm that you have read, understand and agree to, the terms and conditions in the Arbitration
Clause. ted MED
=> Buyer Initials: ce Buyer Initials:
USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT.
INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALI
ra col La informacién que ve en el formulario de la ventanilla para este vehiculo forma parte del presente
contrato. La informacion del Srmaulario: de la ventanilla deja sin efecto toda disposicién en contrario contenida en el contrato de venta.
ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE ARBITRATION CLAUSE, SET
FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN BY
REFERENCE
=>Buyers Initials
NEW YORK CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012 - 2016 Credit Acceptance Corporation. eS suyer s Initials eo]
All Rights Reserved. PAGE 1 of 5
The original retail installment contract is assigned to Credit Acceptance Cor ation
his copy was ci 04/11/2021
INDEEXNG
E 282010462205 220
NYSCEF DOC. NO. 2 an o nic
ui < ei RECEIVED NYSCEF: 04/11/2024
{requiredté KE fe 2
ITEMIZATION OF AMOUNT FINANCED
1. Cash Price (including accessories and improvements to the Vehicle) (1)1)
2, Sales Tax 20 (2)
3. Down-Payment Calculation Cash Down Payment $__
tp SOP 100! (a)
Deferred Down Payment . N/A {B)
Trade-In Description Gross Trade-In 8. N/A (C)
Make: N/A
Model: Payoff Made by Seller $. (D) N/A
Net Trade-In (If negative number, Insert “0” in line 3(E) and itemize difference in 5(E) below) (C-D) Ss N/A _(E)
Trade-in Description Gross Trade-In S. N/A (F
*A
Make: z
Model: _ Payoff Made by Seller Ss. N/A (G)
Net Trade-in (If negative number, Insert "0" in line 3(H) and itemize difference in 5(J) below) (F-G) S$
n/ (H)
Other: Manufacturers Rebate $ N (I)
Total Down Payment (A+B+E+H
+1) 00 (3)
Unpaid Balance of Cash Price (1+ 2 less 3) r (4)
Other Charges Including Amounts Paid ta Others an Your Rehalf
*(NOTICE: A portion of these charges may be paid to or retained by Us.)
A *Cost of Required Physical Damage Insurance Paid to Insurance Company (A)
B “Cost of Optional Extended Warranty or Service Contract Paid to the Company named below (B)
Cc Cost of Fees Paid to Public Officials for Perfecting, Releasing or Satisfying a Security Interest (C)
D. Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration
(D)
(0
Other Charges (Seller must identify who will receive payment and describe purpose)
to N
N/A for lien or lease payoff N/A {E)
*to DEALER DOC FEE for DEALER PROCESSING FEE 75.00
(FY
“to NYSI for STATE SAFETY INSPECTION FEE § 10.00 (G)
“to N/A for N/A Ss N/A (H)
7
“to N/A for N/A $. ())
to i for lien or lease payoff 8. N/A (J)
ly 6
15
Total of Other Charges and Amounts Paid to Others on Your Behalf
6. Less Prepaid Finance Charge N/A (6)
ana
7 Amount Financed - Unpaid Balance (4 + Sless 6).
- a ¥ = a 1)
25 7 >
<7 . Si itiz Z
XTENDED WARRAI
ract as a condition 6f putchasi cr ¢ by
thou
sighing i
extended warranty or service contract covering the repair of certain major mechanical breakdowns of the Vehicle and related expenses,
ih required to pul ant any od idnal ektended warranty or
t afe Indi ing that’ You Voluntarily elect to buy ah optional
Refer
to the optional extended warranty or service contract for details about coverage and duration.
Pi ice $. gr Term24_Mos.\ 24000 Miles Company: First Automotive Service Corporation]
ee 3
s
eat spun an ] 04/11/2020 Ul ZED.
eo 04/11/2020 T
Buyer's Signature Date Buyer's Signature Date
NOTICE TO BUYER: 1. Do not sign this agreement before you read it or if it contains any blank space. 2. You are entitled
to a completely filled in copy of this agreement. 3. Under the law, you have the right to pay off in advance the full amount
due and under certain conditions to obtain a partial refund of the credit service charge. 4. According to law you have the
privilege of purchasing the insurance on the motor vehicle provided for in this contract from an agent or broker of your
own selection.
You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract with all blanks filled
in and that You have read it and understand it.
Sia RETAIL INSTALMENT CONTRACT
Buyer's Signature: x ( Lataya Ul reastin sraanae 1 Buyer's Signature: x [Wak E Dorsey
Seller: SAN A MO’ s INC Bi [Hag FRessasanes
Wary F Russasautacrace Se sssstraes Title:
AGE
AG!
This Contract is signed by the Seller and Buyer(s) hereto this dith dayof April 2020
NEW YORK CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012 - 2016 Credit Acceptance Corporation.
All Rights Reserved. PAGE 2 of 5
The original eta liment c assigned ce ci ‘orporation
This as ted
INDEEXNG
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NYSCEF DOC. NO. 2 TI Ci nic RECEIVED NYSCEF: 04/11/2024
ed
ADDITIONAL TERMS AND CONDITIONS
Security Interest. You give Us a security interest in: 1). The Vehicle and all parts or goods installed in it, 2). All money or goods received
(proceeds) for the Vehicle, 3), Alll insurance, maintenance, service or other contracts We finance for You, and 4) All proceeds from insurance,
maintenance, service or other contracts We finance for You (this includes any refunds of premiums). This secures payment of all You owe on this
Contract and in any transfer, renewal, extension or assignment of this Contract It also secures Your other agreements in this Contract. You agree to
have the certificate of title show our security interest (lien) in the Vehicle.
Late Charge. You promise to make all payments when due. If You fail to make a payment when it is due, You agree to pay Us a late charge as
stated on Page 1 of this Contract. You agree that We do not waive any of our rights by accepting one or more late payments from You
Bad Check Char.
instrument given by ¥ je ‘ouYouto Usagreethat tois payreturned
Us a bad check charge of $20.00 (or such other amount permitted
by Your bank because of insufficient funds or because Your
by applicable law) for any check or like
bank account was closed.
Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the Vehicle is damaged, destroyed or missing
Your oO ther Promises to Us. You promise that:
You will not remove the Vehicle from the United States or Canada without our written permission
You will not sell, rent, lease or otherwise transfer any interest in the Vehicle or this Contract without our written permission.
You will not expose the Vehicle to misuse or confiscation
You will not permit any other lien or security interest to be placed on the Vehicle.
You will preserve and protect the Vehicle and keep it in good condition and repair.
You will not use the Vehicle in a trade or business without our written consent
You will not use the Vehicle unlawfully or abandon it. If a governmental agency Impounds the Vehicle. You will notify Us Immediately
and regain possession of the Vehicle. We may regain possession of the ‘ehicle and treat it as a default
You will pay all taxes, assessments, rentals, charges, and other fees imposed on the Vehicle when they are due. If We pay any repair
bills; storage bills, taxes. fines, fees, or other charges on the Vehicle, You agree to repay the amount to Us
You will permit Us to inspect the Vehicle at any reasonable time.
You will promptly sign. or cause others to sign, and give Us any documents We reasonably request to perfect our security interest.
You have not made and will not make an untrue, misleading or incomplete statement in a credit application, this Contract or any
information provided in connection with this Contract,
You will promptly provide Us with any additional personal or financial information concerning You or any information about the Vehicle
that We may reasonably juest from time to time.
. You will immediately notify Us if You change Your name or address.
Prepayment. You have the right to prepay Your account balance early without a penalty. If You prepay in full, You may be entitled to a refund
cre it of part of the pre-computed finance charge. This credit will be calculated in accordance with the actuarial method fe will apply the credit
to the amount You owe Us or if You paid Us more than the amount owed to Us under this Contract, We will refund it to You. le will retain a
$15.00 acquisition fee before calculating any refund credit as permitted by law. We will not credit or refund amounts less than $1.00, if permitted
by applicable law.
If You prepay only a portion of the balance remaining under this Contract, We will apply the prepayment to Your account balance, however a
prepayment will not excuse any later scheduled payments. You must still make all scheduled payments on time until Your obligation under this
Contract is paid in full. If You make a partial prepayment Your last payment or payments may be less than the scheduled ercunt due
B : i
ag ontracvegaingt
loss Of or'ph eve on
Me
the
ere Rae ‘our must nt of ingurange—Atany time. this
nu YOudo not
icthif have pl omag i Aen
in the Vehick le, We a
AUsin the
decide, buy
ile. then We, nay
insurance which covers only our interest.
le
do not buy physical damage insurance which covers bott
Any money fe advance will be secured by the Vehicle.
We are under no obligation to buy any insurance, but may do so if We desire. If We buy either of these coverage, We will let You know what type it
is and the charge You must pa‘ ‘The amount You must pay will be the premium for the insurance and a finance charge at the Annual Percentage
Rate shown on this Contract. ‘ou agree to pay the amount and finance charge within 10 days or in equal instalments along with the payment
shown on the Payment Schedule.
to Your account balance
Ifthe Vehicle is lost or damaged, You agree that We can use any insurance settlement either to repair the Vehicle or appl
Ifapplied to Your account balance, the insurance settlement proceeds that do not pay Your obligation in full under this
a partial payment.
t ‘ontract will be applied as
Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges for optional insurance, maintenance, service
or warranty contracts. If the Vehicle is repossessed, You agree that We may claim benefits under these contracts and terminate them to obtain
refunds of unearned charges.
Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If any charge for required insurance is returned to Us,
it may be credited to Your account in accordance with the Prepayment section of this Contract or used to buy similar insurance which covers only our
interest in the Vehicle. Any refund on optional insurance, maintenance, service, warranty or other contracts obtained by Us will be credited to Your
account in accordance with the Prepayment section of this Contract.
Default and Acceleration of the Contract. You will be in default if
= You fail to pay an) amount due under this Contract when it is due
- Y
You break any of ‘our other promises You made in this Contract,
A proceeding in bankruptcy, receivership or insolvency is started by You or against You or Your property,
If You are in default of this Contract, We may declare the entire unpaid balance of this Contract due and payable immediately at any time without notice
to You, unless We are required by law to provide You wilh such notice, and subject to any right You may have to reinstate the Contract. In figuring what
You owe, We will give You a refund of part of the Finance Charge figured the same as tf You had prepaid Your obligation under this Contract in full.
iu —
LU
& Buyer's Initials
NEW YORK CREDIT ACCEPTANCE CORPORATION (11-16) i
© 2012 - 2016 Credit Acceptance Corporation. eb Buyer's Initials 2D
All Rights Reserved. PAGE 3 of 5
e original r il installment 9
i cre: on
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024
ADDITIONAL TERMS AND CONDITIONS (cont.)
Starter Interrupt tion Device and GPS. You understand and agree that if You are in default, We may use any starter interruption device and/
or global positioning system (collectively, the Device) installed on the Vehicle to prevent the Vehicle from starting and/or to locate the Vehicle when
ermissible law and the terms of this Contract allow Us to repossess the Vehicle. You agree that if the Vehicle is disabled, You will need to cure
Y ‘our
default in order to restart the Vehicle. You acknowledge that You have been provided with a toll free telephone number that You may call, no
more than once per month, if the Vehicle is disabled but You need an emergency activation which will allow the Vehicle to operate for 24 hours.
Refer to the terms and conditions of the Buyer's Disclosure for additional information on the Device
Repossession of the Vehicle. If You default, We may take (repossess) the Vehicle from You. To repossess the Vehicle, We can enter
fed
Your property, or the property where the Vehicle is stored. so | as it is done peacefully and the law allows it Any accessories, equipment or
replacements will remain with the Vehicle. You hereby acknow! ¢ and agree that any personal property contained within the Vehicle may be
femoved and held without liability to Us or our agent. Itis Your responsibility to promptly and immediately contact Us to make arrangements for the
return of Your personal property. You are responsible for paying all reasonable charges associated with the repossession
Gettin: 9. the Vehicle Back After Repossession. If We repossess the Vehicle, You have the right to get |t back (redeem). If We repossess
the Vehicle solely as a result of Your failure to make a payment when it is due, You have the right to redeem the Vehicle by onl Paying all amounts
storing and preparing the Vehicle for sale ‘our right to redeem y
past due including late charges and any expenses We incurred in retaking, holdin:
fi
the Vehicle ends when We Sell, lease, license or otherwise dispose of any or all o' he Vehicle in its present condition or following any commercially
reasonable preparation or processing,
Sale of the Repos: sessed Vehicle. Any notice that is required to be given to You of an intended sale or transfer of the Vehicle will be mailed
to Your last known ad dress, as teflecied in our fecurds, in a feasorable period before the date of the intended sale or transfer (or such other period
of time as is required by law). If the Vehicle is sold, We will use the net proceeds of the sale to pay ail or part of Your debt
ib
any attorney fees and court costs, if permitted by law, wil e subtracted from t g price. he sellin
The net proceeds of the sale will be figured this way: A\ ny charges for taking, holdin: preparing for sale, processing and selling the Vehicle, and
If You owe Us less than the net proceeds of sale, We will pay You the difference, unless We are required to pay it to someone else, For example,
We may be required to pay a lender who has given You a loan and has also taken a security interest in the Vehicle
If You owe more than the net proceeds of sale, You will pay Us the difference between the net proceeds of sale and what You owe when We ask
for it. If You do not pay this amount when asked, You may also be charged interest at the highest lawful rate until You do pay all You owe to Us.
[WARRANTIES SELLER DISCLAIMS. YOU UNDERSTAND THAT THE SELLER IS NOT OFFERING ANY WARRANTIES AND THAT THERE
ARE NOIMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES,
EXPRESS OR IMPLIED BY THE SELLER, COVERING THE VEHICLE UNLESS THE SELLER EXTENDS A WRITTEN WARRANTY OR
SERVICE CONTRACT WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT.
THIS PROVISION DOES NOT AFFECT ANY WARRANTIES COVERING THE VEHICLE THAT MAY BE PROVIDED BY THE VEHICLE
MANUFACTURER OR ANY WARRANTIES REQUIRED BY LAW, E.G. LEMON LAWS
oe Sate eas est
Collection Costs. !f We hire an attorney to collect what You owe and the attorney is not our salaried employee, You will pay the attorney's fees
not exceeding 15% of the amount due and payable under the Contract, and any court costs as permitted by law=
eatey ‘of exai ayn tC
y
1Enifarcih
be in writing and sig me
agp
foe dt i
‘0 oral changes ai \g. If any part of thi ae
fered
ub extel
‘ontract is not
fiery ny @ Lar:
Ay.Chanjge
vali all other paris will
é
remain enforceable.
Interest After Maturity. You further agree to pay Us a credit service charge at the Annual Percentage Rate stated on Page 1 of this Contract or
at the highest rate permitted by applicable law, on any amounts that remain unpaid after maturity of this Contract. For the purposes of this provision,
maturity means the earlier of the date Your final payment is due or the date We accelerate the Contract
Judgment Rate. Interest on any judgment awarded on this Contract will be at 9% or at the highest rate permitted by applicable law.
Governing Law. The terms of this Contract are governed by the law of the state of the Seller's address shown on Page 1 of this Contract, except
to the extent preempted by applicable federal law.
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.
OTICE OF ASSIGNMENT: The Seller has assigned this Contract to Credit Acceptance Corporation in accordance with the terms|
nd conditions set forth on Page 4 of this Contract. This assignment is without recourse. You must make all future payments to:
REDIT ACCEPTANCE CORPORATION, 25505 WEST TWELVE MILE ROAD, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506.
i
eller: = TA ORS INC By
Wary F Russa rautacrace Title. AGENT
ASSIGNMENT
IFOR VALUE RECEIVED, Seller hereby assigns and transfers all Seller's right, title and interest in and to this Contract, and in and to the Vehicle)
lescribed herein, to CREDIT ACCEPTANCE CORPORATION ("Assignee’), its successors and assigns, pursuant to and in accordance with the|
lerms and conditions set forth in the existing dealer agreement between Seller and Assignee in effect on the date hereof. Seller gives Assignee}
full power, either in Assignee’s name or in Seller's name, to take all actions which Seller could have taken under this Contract. In order to induce)
ssignee to accept assignment of this Contract, Seller represents and warrants to Assignee as set forth in the existing dealer agreement
NEW YORK CREDIT ACCEPTANCE CORPORATION (11-16) Buyer's Initials £744 |
© 2012 - 2016 Credit Acceptance Corporation.
All Rights Reserved.
PAGE 4 of 5
scocsapeen be Buyer's Initals fae]
The original retail installment _ s ass
is Copy was
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SELITEC
ARBITRATION CLAUSE
This Arbitration Clause describes how a Dispute (as defined below) may be arbitrated. Arbitration is a method of resolving disputes in front of
one of more neutral persons, instead of having a trial in court in front of a Judge and/or jury. In this Arbitration Clause. le” an “Us” mean Seller
and/or Seller's assignee (including, without limitation, Cre dit Acceptance ‘Orporation) or their employees, assignees, or any third party peeviging
any goods or services in connection with the origination, servicint ind collection of amounts due under the Contract if such third party Is name
as a party between You and Us. “You” and “Your” means each Bu yer Named above.
Your Right to R |
di
ect: If You don’t want this Arbitration Clause to apply, You may reject it by mailing Us at P.O. Box 5070, Southfield,
Michigan 48086- 070 a written rejection notice that describes the Contra ct and tells Us that You are rejecting this Arbitration Clause.
that the rejection notice is
A rejection notice is only effective if it is signed by all buyers, co-buy: ers and cosigners and the envel:
sent in has a post mark of 30 days o
Preview
INDEX NO. E2024006220 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3820427 Book Page CIVIL Return To: No. Pages: 6 JOSEPH M. SHUR 28 East Main St., Suite 1800 Instrument: EXHIBIT(S) Rochester, NY 14614 Control #: 202404111431 Index #: E2024006220 Date: 04/11/2024 Credit Acceptance Corporation Time: 3:18:24 PM Auston, Latoya M Austin, Latoya M Dorsey, Mark E Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO. MONROE COUNTY CLERK MOT INDE&& NOE 2624026225 220 FLEEH “MONROE COUNTY CLERK o 0471172024 11:02 AM NYSCEF DOC. NO. 2 eC of f lec ain RECEIVED NYSCEF: 04/11/2024 i ae y wirSe o SG RETAIL INSTALMENT CONTRACT account + i LoT#_& x Buyer Name and Address Buyer Name and Address Creditor-Seller Name and Address LATOYA M AUSTIN MARK E DORSEY SANTA MOTORS INC 62 KENWOOD AVE 9 BELMORE WAY 915 E RIDGE ROAD Apt #3 ROCHESTER, NY 14612 ROCHESTER, N¥ 14621 ROCHESTER, NY 14611 You" and “Your” mean each Buyer above, jointly and several ‘Us’, and “We" mean Creditor-Seller and Creditor-Seller's assignee. You may buy the Vehicle described below for cash or credit. The cash price is shown on Page 2. as the "Cash Price” The credit price is shown below as “Total Sale Price’ ‘ou have reed to buy the Vehicle from Us on credit for the Total Sale Price. You acknowledge eaves and acceptance of the Vehicle in good condition and repair You r to pay Us all amounts due under this Retail Instalment Contract (“Contract’’ i includingtk 1e Total Sale Price, in accordance with the payment schedule st in Truth in Lending Disclosures below. You also agree to the terms and cont ditions below {including the Truth in Lending Disclosures) and on the additional pages of this Contract. You aqree to pay Us a credit service charge at the Annual Percentage Rate shown below. ‘The Annual Percentage Rate may be negotiable with Us. 1 Used Year and Make 2017 Chevrolet Model and Body Style Equinox | Color BLUE Vehicle Identification Number 2GNFLFEK7H6205680 Odometer 59 Reading 0 TRUTH IN LENDING DISCLOSURES ANNUA NAN Amount Total of Total Sale Price PERCENTAGE CHARGE Financed Payments The total cost of Your RATE The dollar amount The amount of credit The amount You will purchase on credit, The cost of Your the credit will cost provided to You or on have paid after You including Your credit as a yearly ‘ou. Your behalf. have made all payments down payment of rate. $19,867.89 as scheduled $1,500.00 is 22.99% g 23,329.95 $ 43,197.84 $44,697.84 Payment Schedule: Your payment schedule wilt be’ No. of Payments Amount of Payments. When Payments Are Due 72 $ 599.97 Monthly beginning May 11, 2020 rie che 7 Moy are givinga , security: inte binythe good c — Gey EK exif ah payment is}npre thate40- days | fonduotal will ofeibe g Pah nt: If Yeu pay'early, You malbechiitielLoa ws VA Additional Information: Please read this this Contract eatany additional information about nonpayment, default, any Lae renee! in full before the scheduled date, and prepayment refunds and penalties, LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS NOT INCLUDED. PROPERTY INSURANCE: You must insure the Vehicle securing this Contract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US , as more fully described on page 3. ARBITRATION: This Contract contains an Arbitration Clause that states You and We may elect to resolve any dispute by arbitration land not by court action. See the Arbitration Clause on Page 5 of this Contract for the full terms and conditions of the Arbitration Clause. y initialing below, you confirm that you have read, understand and agree to, the terms and conditions in the Arbitration Clause. ted MED => Buyer Initials: ce Buyer Initials: USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALI ra col La informacién que ve en el formulario de la ventanilla para este vehiculo forma parte del presente contrato. La informacion del Srmaulario: de la ventanilla deja sin efecto toda disposicién en contrario contenida en el contrato de venta. ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE ARBITRATION CLAUSE, SET FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN BY REFERENCE =>Buyers Initials NEW YORK CREDIT ACCEPTANCE CORPORATION (11-16) © 2012 - 2016 Credit Acceptance Corporation. eS suyer s Initials eo] All Rights Reserved. PAGE 1 of 5 The original retail installment contract is assigned to Credit Acceptance Cor ation his copy was ci 04/11/2021 INDEEXNG E 282010462205 220 NYSCEF DOC. NO. 2 an o nic ui < ei RECEIVED NYSCEF: 04/11/2024 {requiredté KE fe 2 ITEMIZATION OF AMOUNT FINANCED 1. Cash Price (including accessories and improvements to the Vehicle) (1)1) 2, Sales Tax 20 (2) 3. Down-Payment Calculation Cash Down Payment $__ tp SOP 100! (a) Deferred Down Payment . N/A {B) Trade-In Description Gross Trade-In 8. N/A (C) Make: N/A Model: Payoff Made by Seller $. (D) N/A Net Trade-In (If negative number, Insert “0” in line 3(E) and itemize difference in 5(E) below) (C-D) Ss N/A _(E) Trade-in Description Gross Trade-In S. N/A (F *A Make: z Model: _ Payoff Made by Seller Ss. N/A (G) Net Trade-in (If negative number, Insert "0" in line 3(H) and itemize difference in 5(J) below) (F-G) S$ n/ (H) Other: Manufacturers Rebate $ N (I) Total Down Payment (A+B+E+H +1) 00 (3) Unpaid Balance of Cash Price (1+ 2 less 3) r (4) Other Charges Including Amounts Paid ta Others an Your Rehalf *(NOTICE: A portion of these charges may be paid to or retained by Us.) A *Cost of Required Physical Damage Insurance Paid to Insurance Company (A) B “Cost of Optional Extended Warranty or Service Contract Paid to the Company named below (B) Cc Cost of Fees Paid to Public Officials for Perfecting, Releasing or Satisfying a Security Interest (C) D. Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration (D) (0 Other Charges (Seller must identify who will receive payment and describe purpose) to N N/A for lien or lease payoff N/A {E) *to DEALER DOC FEE for DEALER PROCESSING FEE 75.00 (FY “to NYSI for STATE SAFETY INSPECTION FEE § 10.00 (G) “to N/A for N/A Ss N/A (H) 7 “to N/A for N/A $. ()) to i for lien or lease payoff 8. N/A (J) ly 6 15 Total of Other Charges and Amounts Paid to Others on Your Behalf 6. Less Prepaid Finance Charge N/A (6) ana 7 Amount Financed - Unpaid Balance (4 + Sless 6). - a ¥ = a 1) 25 7 > <7 . Si itiz Z XTENDED WARRAI ract as a condition 6f putchasi cr ¢ by thou sighing i extended warranty or service contract covering the repair of certain major mechanical breakdowns of the Vehicle and related expenses, ih required to pul ant any od idnal ektended warranty or t afe Indi ing that’ You Voluntarily elect to buy ah optional Refer to the optional extended warranty or service contract for details about coverage and duration. Pi ice $. gr Term24_Mos.\ 24000 Miles Company: First Automotive Service Corporation] ee 3 s eat spun an ] 04/11/2020 Ul ZED. eo 04/11/2020 T Buyer's Signature Date Buyer's Signature Date NOTICE TO BUYER: 1. Do not sign this agreement before you read it or if it contains any blank space. 2. You are entitled to a completely filled in copy of this agreement. 3. Under the law, you have the right to pay off in advance the full amount due and under certain conditions to obtain a partial refund of the credit service charge. 4. According to law you have the privilege of purchasing the insurance on the motor vehicle provided for in this contract from an agent or broker of your own selection. You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract with all blanks filled in and that You have read it and understand it. Sia RETAIL INSTALMENT CONTRACT Buyer's Signature: x ( Lataya Ul reastin sraanae 1 Buyer's Signature: x [Wak E Dorsey Seller: SAN A MO’ s INC Bi [Hag FRessasanes Wary F Russasautacrace Se sssstraes Title: AGE AG! This Contract is signed by the Seller and Buyer(s) hereto this dith dayof April 2020 NEW YORK CREDIT ACCEPTANCE CORPORATION (11-16) © 2012 - 2016 Credit Acceptance Corporation. All Rights Reserved. PAGE 2 of 5 The original eta liment c assigned ce ci ‘orporation This as ted INDEEXNG E 282010462205 220 NYSCEF DOC. NO. 2 TI Ci nic RECEIVED NYSCEF: 04/11/2024 ed ADDITIONAL TERMS AND CONDITIONS Security Interest. You give Us a security interest in: 1). The Vehicle and all parts or goods installed in it, 2). All money or goods received (proceeds) for the Vehicle, 3), Alll insurance, maintenance, service or other contracts We finance for You, and 4) All proceeds from insurance, maintenance, service or other contracts We finance for You (this includes any refunds of premiums). This secures payment of all You owe on this Contract and in any transfer, renewal, extension or assignment of this Contract It also secures Your other agreements in this Contract. You agree to have the certificate of title show our security interest (lien) in the Vehicle. Late Charge. You promise to make all payments when due. If You fail to make a payment when it is due, You agree to pay Us a late charge as stated on Page 1 of this Contract. You agree that We do not waive any of our rights by accepting one or more late payments from You Bad Check Char. instrument given by ¥ je ‘ouYouto Usagreethat tois payreturned Us a bad check charge of $20.00 (or such other amount permitted by Your bank because of insufficient funds or because Your by applicable law) for any check or like bank account was closed. Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the Vehicle is damaged, destroyed or missing Your oO ther Promises to Us. You promise that: You will not remove the Vehicle from the United States or Canada without our written permission You will not sell, rent, lease or otherwise transfer any interest in the Vehicle or this Contract without our written permission. You will not expose the Vehicle to misuse or confiscation You will not permit any other lien or security interest to be placed on the Vehicle. You will preserve and protect the Vehicle and keep it in good condition and repair. You will not use the Vehicle in a trade or business without our written consent You will not use the Vehicle unlawfully or abandon it. If a governmental agency Impounds the Vehicle. You will notify Us Immediately and regain possession of the Vehicle. We may regain possession of the ‘ehicle and treat it as a default You will pay all taxes, assessments, rentals, charges, and other fees imposed on the Vehicle when they are due. If We pay any repair bills; storage bills, taxes. fines, fees, or other charges on the Vehicle, You agree to repay the amount to Us You will permit Us to inspect the Vehicle at any reasonable time. You will promptly sign. or cause others to sign, and give Us any documents We reasonably request to perfect our security interest. You have not made and will not make an untrue, misleading or incomplete statement in a credit application, this Contract or any information provided in connection with this Contract, You will promptly provide Us with any additional personal or financial information concerning You or any information about the Vehicle that We may reasonably juest from time to time. . You will immediately notify Us if You change Your name or address. Prepayment. You have the right to prepay Your account balance early without a penalty. If You prepay in full, You may be entitled to a refund cre it of part of the pre-computed finance charge. This credit will be calculated in accordance with the actuarial method fe will apply the credit to the amount You owe Us or if You paid Us more than the amount owed to Us under this Contract, We will refund it to You. le will retain a $15.00 acquisition fee before calculating any refund credit as permitted by law. We will not credit or refund amounts less than $1.00, if permitted by applicable law. If You prepay only a portion of the balance remaining under this Contract, We will apply the prepayment to Your account balance, however a prepayment will not excuse any later scheduled payments. You must still make all scheduled payments on time until Your obligation under this Contract is paid in full. If You make a partial prepayment Your last payment or payments may be less than the scheduled ercunt due B : i ag ontracvegaingt loss Of or'ph eve on Me the ere Rae ‘our must nt of ingurange—Atany time. this nu YOudo not icthif have pl omag i Aen in the Vehick le, We a AUsin the decide, buy ile. then We, nay insurance which covers only our interest. le do not buy physical damage insurance which covers bott Any money fe advance will be secured by the Vehicle. We are under no obligation to buy any insurance, but may do so if We desire. If We buy either of these coverage, We will let You know what type it is and the charge You must pa‘ ‘The amount You must pay will be the premium for the insurance and a finance charge at the Annual Percentage Rate shown on this Contract. ‘ou agree to pay the amount and finance charge within 10 days or in equal instalments along with the payment shown on the Payment Schedule. to Your account balance Ifthe Vehicle is lost or damaged, You agree that We can use any insurance settlement either to repair the Vehicle or appl Ifapplied to Your account balance, the insurance settlement proceeds that do not pay Your obligation in full under this a partial payment. t ‘ontract will be applied as Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges for optional insurance, maintenance, service or warranty contracts. If the Vehicle is repossessed, You agree that We may claim benefits under these contracts and terminate them to obtain refunds of unearned charges. Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If any charge for required insurance is returned to Us, it may be credited to Your account in accordance with the Prepayment section of this Contract or used to buy similar insurance which covers only our interest in the Vehicle. Any refund on optional insurance, maintenance, service, warranty or other contracts obtained by Us will be credited to Your account in accordance with the Prepayment section of this Contract. Default and Acceleration of the Contract. You will be in default if = You fail to pay an) amount due under this Contract when it is due - Y You break any of ‘our other promises You made in this Contract, A proceeding in bankruptcy, receivership or insolvency is started by You or against You or Your property, If You are in default of this Contract, We may declare the entire unpaid balance of this Contract due and payable immediately at any time without notice to You, unless We are required by law to provide You wilh such notice, and subject to any right You may have to reinstate the Contract. In figuring what You owe, We will give You a refund of part of the Finance Charge figured the same as tf You had prepaid Your obligation under this Contract in full. iu — LU & Buyer's Initials NEW YORK CREDIT ACCEPTANCE CORPORATION (11-16) i © 2012 - 2016 Credit Acceptance Corporation. eb Buyer's Initials 2D All Rights Reserved. PAGE 3 of 5 e original r il installment 9 i cre: on INDEEXNG E 282010462205 220 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 ADDITIONAL TERMS AND CONDITIONS (cont.) Starter Interrupt tion Device and GPS. You understand and agree that if You are in default, We may use any starter interruption device and/ or global positioning system (collectively, the Device) installed on the Vehicle to prevent the Vehicle from starting and/or to locate the Vehicle when ermissible law and the terms of this Contract allow Us to repossess the Vehicle. You agree that if the Vehicle is disabled, You will need to cure Y ‘our default in order to restart the Vehicle. You acknowledge that You have been provided with a toll free telephone number that You may call, no more than once per month, if the Vehicle is disabled but You need an emergency activation which will allow the Vehicle to operate for 24 hours. Refer to the terms and conditions of the Buyer's Disclosure for additional information on the Device Repossession of the Vehicle. If You default, We may take (repossess) the Vehicle from You. To repossess the Vehicle, We can enter fed Your property, or the property where the Vehicle is stored. so | as it is done peacefully and the law allows it Any accessories, equipment or replacements will remain with the Vehicle. You hereby acknow! ¢ and agree that any personal property contained within the Vehicle may be femoved and held without liability to Us or our agent. Itis Your responsibility to promptly and immediately contact Us to make arrangements for the return of Your personal property. You are responsible for paying all reasonable charges associated with the repossession Gettin: 9. the Vehicle Back After Repossession. If We repossess the Vehicle, You have the right to get |t back (redeem). If We repossess the Vehicle solely as a result of Your failure to make a payment when it is due, You have the right to redeem the Vehicle by onl Paying all amounts storing and preparing the Vehicle for sale ‘our right to redeem y past due including late charges and any expenses We incurred in retaking, holdin: fi the Vehicle ends when We Sell, lease, license or otherwise dispose of any or all o' he Vehicle in its present condition or following any commercially reasonable preparation or processing, Sale of the Repos: sessed Vehicle. Any notice that is required to be given to You of an intended sale or transfer of the Vehicle will be mailed to Your last known ad dress, as teflecied in our fecurds, in a feasorable period before the date of the intended sale or transfer (or such other period of time as is required by law). If the Vehicle is sold, We will use the net proceeds of the sale to pay ail or part of Your debt ib any attorney fees and court costs, if permitted by law, wil e subtracted from t g price. he sellin The net proceeds of the sale will be figured this way: A\ ny charges for taking, holdin: preparing for sale, processing and selling the Vehicle, and If You owe Us less than the net proceeds of sale, We will pay You the difference, unless We are required to pay it to someone else, For example, We may be required to pay a lender who has given You a loan and has also taken a security interest in the Vehicle If You owe more than the net proceeds of sale, You will pay Us the difference between the net proceeds of sale and what You owe when We ask for it. If You do not pay this amount when asked, You may also be charged interest at the highest lawful rate until You do pay all You owe to Us. [WARRANTIES SELLER DISCLAIMS. YOU UNDERSTAND THAT THE SELLER IS NOT OFFERING ANY WARRANTIES AND THAT THERE ARE NOIMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED BY THE SELLER, COVERING THE VEHICLE UNLESS THE SELLER EXTENDS A WRITTEN WARRANTY OR SERVICE CONTRACT WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT. THIS PROVISION DOES NOT AFFECT ANY WARRANTIES COVERING THE VEHICLE THAT MAY BE PROVIDED BY THE VEHICLE MANUFACTURER OR ANY WARRANTIES REQUIRED BY LAW, E.G. LEMON LAWS oe Sate eas est Collection Costs. !f We hire an attorney to collect what You owe and the attorney is not our salaried employee, You will pay the attorney's fees not exceeding 15% of the amount due and payable under the Contract, and any court costs as permitted by law= eatey ‘of exai ayn tC y 1Enifarcih be in writing and sig me agp foe dt i ‘0 oral changes ai \g. If any part of thi ae fered ub extel ‘ontract is not fiery ny @ Lar: Ay.Chanjge vali all other paris will é remain enforceable. Interest After Maturity. You further agree to pay Us a credit service charge at the Annual Percentage Rate stated on Page 1 of this Contract or at the highest rate permitted by applicable law, on any amounts that remain unpaid after maturity of this Contract. For the purposes of this provision, maturity means the earlier of the date Your final payment is due or the date We accelerate the Contract Judgment Rate. Interest on any judgment awarded on this Contract will be at 9% or at the highest rate permitted by applicable law. Governing Law. The terms of this Contract are governed by the law of the state of the Seller's address shown on Page 1 of this Contract, except to the extent preempted by applicable federal law. 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. OTICE OF ASSIGNMENT: The Seller has assigned this Contract to Credit Acceptance Corporation in accordance with the terms| nd conditions set forth on Page 4 of this Contract. This assignment is without recourse. You must make all future payments to: REDIT ACCEPTANCE CORPORATION, 25505 WEST TWELVE MILE ROAD, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506. i eller: = TA ORS INC By Wary F Russa rautacrace Title. AGENT ASSIGNMENT IFOR VALUE RECEIVED, Seller hereby assigns and transfers all Seller's right, title and interest in and to this Contract, and in and to the Vehicle) lescribed herein, to CREDIT ACCEPTANCE CORPORATION ("Assignee’), its successors and assigns, pursuant to and in accordance with the| lerms and conditions set forth in the existing dealer agreement between Seller and Assignee in effect on the date hereof. Seller gives Assignee} full power, either in Assignee’s name or in Seller's name, to take all actions which Seller could have taken under this Contract. In order to induce) ssignee to accept assignment of this Contract, Seller represents and warrants to Assignee as set forth in the existing dealer agreement NEW YORK CREDIT ACCEPTANCE CORPORATION (11-16) Buyer's Initials £744 | © 2012 - 2016 Credit Acceptance Corporation. All Rights Reserved. PAGE 4 of 5 scocsapeen be Buyer's Initals fae] The original retail installment _ s ass is Copy was INDEEXNG E 282010462205 220 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 SELITEC ARBITRATION CLAUSE This Arbitration Clause describes how a Dispute (as defined below) may be arbitrated. Arbitration is a method of resolving disputes in front of one of more neutral persons, instead of having a trial in court in front of a Judge and/or jury. In this Arbitration Clause. le” an “Us” mean Seller and/or Seller's assignee (including, without limitation, Cre dit Acceptance ‘Orporation) or their employees, assignees, or any third party peeviging any goods or services in connection with the origination, servicint ind collection of amounts due under the Contract if such third party Is name as a party between You and Us. “You” and “Your” means each Bu yer Named above. Your Right to R | di ect: If You don’t want this Arbitration Clause to apply, You may reject it by mailing Us at P.O. Box 5070, Southfield, Michigan 48086- 070 a written rejection notice that describes the Contra ct and tells Us that You are rejecting this Arbitration Clause. that the rejection notice is A rejection notice is only effective if it is signed by all buyers, co-buy: ers and cosigners and the envel: sent in has a post mark of 30 days o