Legal Document: Credit Acceptance Corporation v. Wayne Maxam

On April 19, 2024 a EXHIBIT(S) - A - Retail installment contract was filed involving a dispute between Credit Acceptance Corporation, and Wayne Maxam, for Other Matters - Contract - Other in the District Court of Washington County.

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FILED: WASHINGTON COUNTY CLERK 04/19/2024 09:29 AM INDEX NO. EC2024-36903
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024
Not reqd e s to G edit ACCeptance

RETAIL INSTALMENT CONTRACT

ACCOUN I # LOT # LET

Buy er Name and Address Buyer Name and Address Creditor-Seller Name and Address
KAYLA M GARRISON WAYNE MAXAM STREETERS VEHICLE SERVICES
104 EGGLESTON ST EXT 1028 DIX AVE LLC

CORINTH, NY 12822 Apt . #TRLR 15 30 6 QUAKER RD
HUDSON FALLS, NY 12839 QUEENSBURY, NY 12804

Žou and Your mean each Buyer above. jointly and severaHy Us". and We mean Creditor-Seller and Creditor-Seller's assignee. You may buy the Vehicle
Prim"
described below for cash orcredit. The cash price is shown on Page 2 as the 'Cash The credit pnce is shown below as "Total Sale Price You have agreed
to buy the Vehicle from Us on credit for the Total Sale Price You acknowledge delivery and acceptance of the Vehicle in good condition and repair You promise
to pay Us all amounts due under this Retail Instalment Contract ( Contract'), including the Total Sale Price, in accordance with the payment schedule shown in the
Truth in Lending Disclosures below You also agree to the terms and conditions below (including the Truth In Lending Disclosures) and on the additional pages
of this Contract You agree to pay Us a credit serviS charge at the Annual Percentage Rate shown below The Annual Percentage Rate may be negotiable with Us

Year and Make Model and Body Style Color Vehicle identification Number Odometer Reading
Used 2010 Mazda Tribute 4D SUV 4WD BLACK 4F2CY9GGXAKM02353 106 , 9 5 7

TRUTH IN LENDING DISCLOSURES

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 You. Your behalf have made all payments down payment of
rate. as scheduled. 2 ' 5 0 O - 00
$ is
2 2 . 99 % $ 6 , 453 . 01
s 11, 209 . 82 S 17, 662 . 83 $ 2O, 162 . 83
Payment Schedule: Your payment schedule will be:
No. of Payments Amount of Payments When Payments Are Due

$
S
51 $ 346 . 33 Monthly beginning December 14, 2019
-
ecJeriy: u,a(e giving,&sqc rhy interest sq the goods pr Vehicle bemg pµrettasqd W
,
Late Chp eMf äpaymÆnt is) than 40 days late, You wiH be charged(5% f a nt , h
rbyfn nt: If Ybu pay]arÒ, ou may be entided to a refund of part otthe Fiha ce C r e -
Additional Information: Please read this this Contract for any additional information about nonpayment default, any required repayment
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
and not by court action. See the Arbitration Clause on Page 5 of this Contract for the full terms and conditions of the Arbitration
Clause. By initialing below, you confirm that you have read, understand and agree to the terms and conditions in the Arbitration
Clause.
Buyer Initials: Buyer Initials:

USED CAR BUYERS GUIDE THE INFORMATION YOU SEE ON TH E WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT
INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE

Gula para comoradores de vehiculos usados. La información que ve en el formulario de la ventanilla para este vehiculo forma parte del presente
contrato. La información del formulario de la ventanilla deja sin efecto toda disposición 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

Buyer's Initials
NEWYORKCREDITACCEPTANCE CORPORATION (11-16)
© 2012 - 2016 Credit Acceptance Corporation. Buyer's Initials
AII Rights Reserved. PAGE 1 of 5
FILED: WASHINGTON COUNTY CLERK 04/19/2024 09:29 AM INDEX NO. EC2024-36903
NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 04/19/2024
Not roauired to mail or fax this copy to Credit Acceptance

ITEMIZATION OF AMOUNT FINANCED
1 Cash Price (including accessories and improvements to the Vehicle) $ 10 ± 8 00 . 00 (1)
2 Sales Tax. . ... . . . . . ... 750. 82
(2)
3. Down-Payment Calculation: Cash Down Payment . .. . S 500 . 00 (A)
Deferred Down Payment .. . .. . . .. .. . . .S N/A
(s)
Trade-in Description Gross Trade-In .. S 2 , 000 . 00 (C)
Make: FORD
Model: FOC Payoff Made by Seller... $ O . 00 (D)
"O" 2 , 000 . 00
Net Trade-In (If negative number, Insert in line 3(E) and itemize difference in 5(E) below) (C-D) $ (E)
Trade-In Description Gross Trade-In ... S N/A (F)
Make N/A
Model N/A Payoff Made by Seller N/A
S (G)
"O" N/A
Net Trade-In (If negative number, Insert in line 3(H) and itemize difference in 5(J) below) (F-G) $ (H)
Other: Manufacturers Rebate . . . . .. . ... .. . .. .. ... . ..... ..... . . ..... . S N/A
(¡)
Total Down Payment . . ...(A + B + E + H + l) S 2 , 500 . 00 (3)
4. Unpaid of Cash Price (1+ 2 less 3) ..
Balance . .. . . . ... .. . . . .... . . . .. $ 9 , 050 . 82 (4)
5 Other Charges Including Amounts Paid to Others on Your Behalf:
*(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 . . .. $
. . .. . . N/A

B. *Cost of Optional Extended Warranty or Service Contract Paid to the Company named below..... .. $ 1, 926 . 00 (B)
C. Cost of Fees Paid to Public Officials for Perfecting, Releasing or Satisfying a Security Interest .. .... S N/A
(C)
D. Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration ..... . . .. .. ... $ 137 . 00
(D)
Other Charges (Seller must identify who will receive payment and describe purpose)
E. to N/A for lien or lease payoff .. . . .. .. . .$ N/A
(E)
F. *to dealer for DEALER PROCESSING FEE 75.00
(p)
G. *to dealer for EMISSION TEST FEE 21.00 (G)
H. *to N/A for N/A $ N/A (H)
I. *to N/A for N/A S N/A
(1)
J. to N/A for lien or lease payoff .. . .. . . .. ... . $ N/A

Total of Other Charges and Amounts Paid to Others on Your Behalf .. .. . . ... .. . . .. ........ . $ 2,159. 00 (5)
6. Less Prepaid Finance Charge .. . .. . .. ... ... . .. ... . .. ... .. ... . .... . . . . ............... .. . .. . $ N/A
(6)
7. Amount Financed - Unpaid Balance (4 + 5 less 6). . .... ..... . .. . ... . . . .... .. . . .... . . .. . .. . ...... . ........ $ 11,209 . 82
(7)

NDÈD W R NyY OR EER ICE ÖNÝBACT: Ith gh v u n e U ed to p6 ch ahpp)id a• d n Idd vdtrsotÿ or
s ice c t as a c°ondition ofpurchasing this Vé'1cls oh cre'dit. by signingterdw You a b d cri ng tha ou voluntarily Electio buy an optidifåT
extended warranty or service contract covering the repair of cedain major mechanical breakdowns of the Vehicle and related expenses Refer
to the optional extended warranty or service contract for details about coverage and duration

Price $ 1, 926 . 00 Term24 Mos.\ 24000 Miles First Automotive Service Corporation
Company
"°_°".......-... 11/14/2019 ' ,n,-., 11/14 2019
.-.,
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.

RETAIL INSTALMENT CONTRACT . ..
TCayue Matase
Buyer's Signature: x . - -.- Buyer's Signature x . . .........m

Seller: STREETERS VEHICLE SERVICES LLC By: Title: AGENT

This Contract is signed by the Seller and Buyer(s) hereto this 14th November 2019
day of

NEWYORKCREDITACcEPTANCECORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation.
All Rights Reserved. PAGE 2 of 5
The org1nal"etý Installmentcontract is aswined to Credit Accentarce CCmo~at
This copy was created on 11 a2019
FILED: WASHINGTON COUNTY CLERK 04/19/2024 09:29 AM INDEX NO. EC2024-36903
NYSCEF DOC. NO. 2 Copy of EleCtroniC Original RECEIVED NYSCEF: 04/19/2024
Not required to mah or fax this Copy to Credit ACCeptanCe

ADDITIONAL TERMS AND CONDITIONS
Security Interest. You give Us a secunty interest in 1) The Vehicle and all parts or goods installed in it, 2) All money or goods rece:ved
(proceeds) for the Vehicle. 3) All insurance, maintenance. service or other contracts We finance for You, and 4) AII 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 Charge. You agree to pay Us a bad check charge of $20.00 (or such other amount permitted by applicable law) for any check or like
instrument given by You to Us that is returned by Your bank because of insufficient funds or because Your 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 Other 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 Vehicle 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 ag1ee 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
informatiun pluvEded 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 request from time to time
- You will immediately notify Us if You change Your name or address.

Prepayment. You have the nght to prepay Your account balance early without a penalty. If You prepay in full You may be entitled to a refund
credit of part of the pre-computed finance charge This credit will be calculated in accordance with the actuarial method We 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. We 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 Yout 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 amount due

Requir Rhysical Damage InsurancecYou lpustinsure YoursefitndtJs of this¬ontra gajnst loss oføor physical damage ta the
VÆhicle ith a policy ihWour ®ame thalls acceptable to Us We musthapplowft ty Dqunt of in rang Alban ime duH®g4he term of this
Cint#c gyòF!do not have phy_ical damage insuriiinceivNch epoy#rs lyothshe:in s of d±Uyn th Rehicle, thert y;buy if fo(VB4 If yye
do not buy physical damage insurance which coverslioth interests in the Vehicle, e may, if decide, buy insurance whi covers only our interest
Any money We 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 pay 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 You agree to pay the amount and finance charge within 10 days or in equal instalments along with the payment
shown on the Payment Schedule

If the Vehicle is lost or damaged, You agree that We can use any insurance settlement either to repair the Vehicle or apply to Your account balance.
If applied to Your account balance, the insurance settlement proceeds that do not pay Your obligation in full under this Contract will be applied as
a partial payment.

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 any amount due under this Contract when it is due
- You break any of Your 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 with such notice, and subject to any right You may have to reinstate the Contract. In figunng what
You owe, We will give You a refund of part of the Finance Charge figured the same as if You had prepaid Your obligation under this Contract in full.

Wri
Buyer's Initials
NEWYORKcREDITAcCEPTANCECORPORATION (11-16) nits
C-
© 2012 - 2016 Credit Acceptance Corporation. >Buyer's Initials wr
All Rights Reserved. PAGE 3 of 5
The original retai! installmentcontract is assigred to Credit AcceptanceCorporation
This copy was created on 11/14/2019
FILED: WASHINGTON COUNTY CLERK Of04/19/2024 09:29 AM INDEX NO. EC2024-36903
EleCtrOniC Original Copy
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024
Ot required to mah Or ax this COpy to Credit ACCeptanCe

ADDITIONAL TERMS AND CONDITIONS (cont.)
Starter interruption 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
permissible 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
Your defaull 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
Your propedy. or the property where the Vehicle is stored. so long as it is done peacefully and the law allows it. Any accessories, equipment or
replacements will remain with the Vehicle You hereby acknowledge and agree that any personal propedy contained within the Vehicle may be
removed and held without liability to Us or our agent. It is 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

Getting the Vehicle Back After Repossession If We repossess the Vehicle. You have the nght to get it 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 nght to redeem the Vehicle by only paying all amounts
past due including late charges and any expenses We incurred in retaking, holding, storing and preparing the Vehicle for sale Your nght to redeem
the Vehicle ends when We sell. lease, ficense or otherwise dispose of any or all of the Vehicle in its present condition or following any commercially
reasonable preparation or processing
Sale of the Repossessed 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 address, as reflected in our records, in a reasonable penod 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 all or part of Your debt

The net proceeds of the sale will be figured this way: Any charges for taking, holding, preparing for sale, processing and selling the Vehicle, and
any attorney fees and court costs, if permitted by law. will be subtracted from the selling price.
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 NO IMPLIED 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 REQ UIRED BY LAW, E.G. LEMON LAWS

Collection Costs. If We hire an attomey 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

ay Ersfdrcing Rights and Chan dsof is Contract. Wdcary r ro forcin ny df qur rightskinder thiti tontractwithout
I t Fof example, We Capëxlend t D/Sg (9 1 7ing sqgy paymen re e _int e/s hyjerigein the'terrrs of this Corifriint ingst
be in writing and signed by Us No oral changes are inding, If any part of"this ract is not val . all other parts will 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 apphcable law, on any amounts that remain unpaid after maturity of this Contract. For the purposes of this provision,
maturity means the earher of the date Your final payment is due or the date We accelerate the Contract.

J udgment 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.

NOTICE OF ASSIGNMENT: The Seller has assigned this Contract to Credit Acceptance Corporation in accordance with the terms
and conditions set forth on Page 4 of this Contract. This assignment is without recourse. You must make all future payments to:
CREDIT ACCEPTANCE CORPORATION, 25505 WEST TWELVE MILE ROAD, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506.

Seller- STREETERS VEHICLE SERVICES LLC AGENT
sy .,-- Title

ASSIGNMENT
FOR 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
described herein, to CREDIT ACCEPTANCE CORPORATION ("Assignee"), its successors and assigns, pursuant to and in accordance with the
terms and conditions set forth in the existing dealer agreement between Seller and Assignee in effect on the date hereof Seller gives Assignee
fuH 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
Assignee to accept assignment of this Contract, Seller represents and warrants to Assignee as set forth in the existing dealer agreement
NEWYORKCREDITACCEPTANCECORPORATION (11-16) Buyer's Initials U/«/
© 2012 - 2016 Credit Acceptance Corporation.
AII Rights Reserved. PAGE 4 of 5
Buyer's Initials
The original retail installmentcartract is assignedto Credit Acceptance Corporahon
This copy was created on 11/14/2019
FILED: WASHINGTON COUNTY CLERK of04/19/2024 09:29 AM INDEX NO. EC2024-36903
EleCtroniC Criginal Copy
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024
Not required to mail or fax this Copy to Credit ACCeptsnCe

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 or more neutral persons instead of having a trial in court in front of a judge and/or jury. In this Arbitration Clause, "We and "Us mean Seller
and/or Seller's assignee (including without limitation Credit Acceptance Corporation) or their employees, assignees. or any third party providing
any goods or services in connection"You"
with the origination, servicing and collection of amounts due under the Contract if such third party is named
as a party between You and Us and Your means each Buyer named above
Your Right to Reject: If You don't want this Arbitration Clause to apply, You may reject it by mailing Us at P.0, Box 5070, Southfield,
Michigan 48086-5070 a written rejection notice that describes the Contract and tells Us that You are rejecting this Arbitration Clause.
A rejection notice is only effective if it is signed by all buyers, co-buyers and cosigners and the envelope that the rejection notice is
sent in has a post mark of 30 days or less after the date of this Contract. If You reject this Arbitration Clause, that will not affect any
other provision of this Contract or the status of Your Contract. If You don't reject this Arbitration Clause, it will be effective as of the
date of this Contract.
A "Dispute is any controversy or claim between You and Us ansing out of or in any way related to this Contract inclLiding. but not limited to
any default under this Contract, the collection of amounts due under this Contract, the purchase, sale, delivery. set-up. quahty of the Vehicle
advertising for the Vehicle or its financing, or any product or service included in this Contract. "Dispute shall have the broadest meaning possible,
and includes contract claims and claims based on tort, violations of laws statutes, ordinances or regulations or any other legal or equitable
theories Notwithstanding the foregoing, Dispute does not include any individual action brought by You in small claims court or Your state's
equivalent court. unless such action is transferred, removed or appealed to a different court "Dispute does not include any repossession of the
Vehicle upon Your defaull and any exercise of the power of sale of the Vehicle under this Contract or any individual action by You to prevent Us
from using any such remedy, so long as such individual action does not involve a request for monetary rehef of any kind in addition, "dispute"
does not include disputes about the validity. enforceability, coverage or scope of this Arbitration Clause or any part thereof (including without
limitation. the Class Action Waiver desenbed in the sixth paragraph of this Arbitration Clause. the last sentence of the seventh paragraph of this
Arbitration Clause and/or this sentence), all such disputes are for a court and not an arbitrator to decide However any dispute or argument that
concerns the validity or enforceability of the Contract as a whole is for the arbitrator. not a court. to decide
If a Dispute arises, the complaining party shall give the other party a written Dispute Notice and a reasonable opportunity not less than 30 days. to
resolve the Dispute Any Dispute Notice to You wih be sent in writing to the address on this Contract (or any updated address You subsequently
provide to Us) Any Dispute Notice to Us must be sent by mail to Credit Acceptance Attn Corporate Legal. 25505 West Twelve Mile Road, Suite
3000. Southfield Michigan 48034-8339 (or any updated address We subsequently provide to You) Any Dispute Notice You send must give Your
Account Number. telephone number and address. Any Dispute Notice must explain the nature of the Dispute and the relief that is demanded
The complaining party must reasonably cooperate in providing any information about the Dispute that the other party reasonably requests.
Either You or We may require any Dispute to be arbitrated and may do so before or after a lawsuit has been started over the Dispute or with
respect to other Disputes or counterclaims brought later in the lawsuit. If You or We elect to arbitrate a Dispute. this Arbitration Clause applies. A
Dispute shall be fully resolved by binding arbitration. Judgment on the arbitration award may be entered in any court with jurisdiction All statutes
of hmitation that otherwise would apply to an action brought in court will apply in arbitration The arbitrator is authorized to award all remedies
permitted by the substantive law that would apply if the action were pending in court, including. without limitation punitive damages (which shall
be governed by the Constitutional standards employed by the courts) and attorneys fees and costs
If You or We elect to arbitrate a Dispute, neither You nor We will have the right to pursue that Dispute in court or have a jury resolve that dispute.
In addition. if You or We elect to arbitrate a Dispute. (a) neither You nor We may participate in a class action in court or in a class-wide arbitration.
either as a plaintiff defendant or class member. (b) neither You nor We may act as a pnvate attorney general in court or in arbitration; (c) Disputes
brought by or against You may not be joined or consolidated with Disputes brought by or against any other person. and (d) the arbitrator shall have
no.power or authofity to conduct a class-wida ar itration pnvate attorney general arbitration or joined or consolidated arbitration (this sentence
including subparts a th,rough d hereof is referred o inithis Arbitratioh Claus.0 ás the ?G|ass ¾dtion Waitfer") in tfte event there is an a!Æefnent
to arbitrate claifris or disputes that dôïïflicts lth is AtififUation Glayse W(ether surFa!reetnent..is ejBuyer's Initials
The original retail instahmentcontract is assignedto Credit AcceptanceCorporation
This copy was created on 11/14/2019

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Document for Credit Acceptance Corporation v. Wayne Maxam

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