Preview
Date Filed 6/14/2024 9:45 AM
Superior Court - Middlesex
Docket Number
1
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. SUPERIOR COURT
CIVIL ACTION NO.
Harley-Davidson Credit Corp., Assignee of
Eaglemark Savings Bank,
VRAIS @8
Plaintiff,
Vv.
RECEIVED 6/14/2024 MG
James Doherty,
Defendants.
VERIFIED COMPLAINT
Parties
1. The Plaintiff, Harley-Davidson Credit Corp., Assignee of Eaglemark Savings Bank is a
corporation organized under the laws of the United States with a principal place of business
located at 222 W Adams, Suite 2000, Chicago, IL 60606.
2. Upon information and belief, the Defendant, James Doherty, is a natural person with a
last known address at 225A Fallone Drive, Apt.402, Stoneham, MA 02180.
Facts
3. That on or about March 5, 2022, the Defendant executed and delivered to Plaintiff a
certain Promissory Note and Security Agreement (“Contract”) in the amount of $39,940.38
(“Contract”). See Exhibit A attached hereto for a true and correct redacted version removing
personal information.
4, The Defendant is the owner of a certain motor vehicle, described as a 2022 Harley-
Davidson FLTRXS Road Glide Special, VIN No. 1HDIKTP11NB621059 (“Vehicle”), which,
on information and belief is kept at 225A Fallone Drive, Apt.402, Stoneham, MA 02180.
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Docket Number
5. The Plaintiff is the current holder of the Contract.
6. The Contract is secured by the Vehicle.
7. The Plaintiff's security interest in the Vehicle was duly perfected and constitutes a valid
lien against the Vehicle as evidenced by the Certificate of Title. See Exhibit B attached hereto
for a true and correct redacted version removing personal information.
COUNT I
(Breach of Contract)
8. The Plaintiff reasserts and incorporates by reference Paragraphs 1 through 7.
9. The Defendant is in default of the Contract by virtue of his failure to make timely
payment due and owing to Plaintiff in connection with the Contract and retains possession of the
Vehicle.
10. The Defendant has breached the Contract by failing to make payments that have become
due, or to return possession of the Vehicle to the Plaintiff.
11. The Plaintiff has demanded payment from the Defendant or possession of the Vehicle in
accordance with Massachusetts General Laws Chapter 255D §21. See Exhibit C attached hereto
for a true and correct redacted version of the demand letter removing personal information.
12. The Defendant has failed to cure the default or reinstate the debt set forth in the Contract,
despite demand.
13. As of April 18, 2024, the Defendant owes the Plaintiff the sum of $41,084.28.
COUNT II
(Replevin - Injunctive Relief)
14. The Plaintiff reasserts and incorporates by reference Paragraphs 1 through 13.
15. The Defendant has continued to use and enjoy the possession of the Vehicle despite his
default of the obligations set forth in the Contract as alleged herein.
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‘Superior Court - Middlesex
Docket Number
16. The Defendant has failed to make payments that have become due, or to return
possession of the Vehicle to the Plaintiff, despite demand.
17. In the event of default, the Contract grants Plaintiff the immediate right to repossess the
Vehicle to satisfy the debt.
18. Pursuant to Massachusetts General Laws Chapter 255D §22, Plaintiff is entitled to
possession of the Vehicle after notice and hearing.
19. The Plaintiff claims return of the Vehicle or its value.
20. On information and belief there are no other known lienholders.
WHEREFORE, the Plaintiff demands judgment against the Defendant and requests the
following relief:
1 Issue an ORDER OF NOTICE, notifying the Defendant of a hearing on its request for a
preliminary injunction;
2. Grant a preliminary and permanent injunction restraining Defendant from removing the
Vehicle from its location, or transferring, selling, pledging, assigning, or otherwise altering,
damaging, disposing of, or permitting the Vehicle to become subject to a security interest or lien,
until further Order of the Court; and
3. Grant a preliminary and permanent injunction that the Defendant, his employees, agents,
servants, landlord and others acting in his or her behalf, return said collateral to the Plaintiff, and
that the Defendant, his employees, agents, servants, landlord and others acting on his or her
behalf refrain from interfering with the right of the Plaintiff, its agents, representatives and
process servers, to enter and remove the Vehicle from any premises of the Defendant or any
location where the Vehicle is being held.
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Superior Court - Middlesex
Docket Number
Dated: June 14, 2024 Respectfully submitted,
By its attorney,
/s/ Tracy A. Kish
Tracy A. Kish, Esq., BBO #656918
Korde & Associates, P.C.
900 Chelmsford Street, Suite 3102
Lowell, MA 01851
(978) 256-1500 (ext. 26245)
tkish@kordeassociates.com
File # 24-045293 Page 4 of 5
Date Filed 6/14/2024 8:45 AM
‘Superior Court - Middlesex
Docket Number
VERIFICATION
Byee Owe
1, ____., am an authorized signor for Harley-Davidson Credit Corp., as Assignee for Eaglemark Savings
Bank. I am authorized to make this verification on behalf of Harley-Davidson Credit Corp., as Assignee for
Eaglemark Savings Bank and do hereby declare under the pains and penalties of perjury that based upon a
review of Harley-Davidson Credit Corp., as Assignee for Eaglemark Savings Bank’s business records kept
in the ordinary course of business and the exhibits contained herein, I have read the foregoing Verified
Complaint and know the contents thereof to be true and correct. The same is true to my knowledge except
to those matters that are alleged on information and belief; as to those matters, I believe them to, be true.
No material facts have been omitted from this complaint. This declaration was executed on this 1S
day of. 2024.
Harley-Davidson Credit Corp., as Assignee for
Eaglemark Savings Bank
i‘
BY: Lesae Choe
itle: Lose Mitigation menage
STATE OF ey
COUNTY OF __Cofl
The foregoing instrument was acknowledged before me this. i day of.
by. eles theese Harley-Davidson Credit Coi
Eaglemark Se Bank, who |is personal! nown (o me or who has produced [Petver Licase
as identification.
(SEAL)
Notary Public “Ty a
Printed Name:
utr DORA ELIA ALVAREZ
i
Notary Public, State of Texas
Comm. Expires 03-14-2027
“takioF 0 Notery 0 134250689
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Date Filed 6/14/2024 9:45 AM
‘Superior Court - Middlesex
Docket Number
Exhibit A
(Contract)
Date Filed 6/14/2024 9:45 AM
‘Superior Court - Middlesex
Docket Number
iio
Eaglemark Savings Bank (Gano Asubsldiaryof Harley-Davidson Credit Corp.
PROMISSORY NOTE (SIMPLE INTEREST)
BORROWER Nama and Mailing Address CO-BORROWER Name and Malling Address LENDER Name and Address
JAMES DOHERTY Eaglomark Savings Bank
225A FALLON RD APT 402 P.O, Box 22048
STONEIIAM, MA 02180. Carson City, NV 89721-2048
Definitions. The words “You" and “Your” mean the Borrower/Co-Borrower(s) who sign(s) below. The words “ESB” “Lender “We” “Us” and “Our” mean EaglemarkSavings Bank, its successors and
assigns.The word “Contract” means this Promissory Note and Security Agreement. The word “Vehicle” means the motorcycle and/or motor vehicte, described more fully bel
Promise to Pay. You promise to pay to Lender the Amounts Financed plus interest figured on a daily basis on the unpaid balance as set forth in this Contract and in the Truth In Lending Disclosures set forth
below, together with all fees and expenses set forth in this Contract, until all amounts are paid in full.
Payment Deferral Any deferral will continua to accrue interest during the deferral period.
‘Where Applicable Finance Charges will not accrue for the first days ofthis Contract (‘No Finance Charge” period).
DESCRIPTION OF PURCHASE
MAKE YEAR NEW/USED MODEL COLOR VEHICLE IDENTIFICATION NUMBER
TIARLEY-DAVIDSON 2022 New FLTRXS ROAD GLIDE SPECIAL Red WD 1IKTP1INB621059
Description of the body and major Items of equipment sold.
TRUTH IN LENDING DISCLOSURES
ANNUAL PERCENTAGE RATE FINANCE CHARGE (AMOUNT FINANCED: ‘TOTAL OF PAYMENTS:
‘The cost of Your credit ‘The collar amount the credit will ‘The amountof credit. provided’ “The amount You will have pald after You have!
as a yearly rate, cost You. (Estimate) or on Yourt ‘made all payments as scheduled. (Estimate)
11.99% $19,266.18 $39,940: $59,206.56.
Your Payment Schedule will
NUMBER OF PAYMENTS: AMOUNT OF PAYMENTS: N PAYMENTS
ARE DUE AND AS FOLLOWS:
84 $ 704.84 Monthly Beginni = 04/04/2022 * Until Paid In Full
NA $0.00 Monthy Beginnit NWA ae NA
repayment
Yon yf ot You 34 erty, You wi thas
to pay ae
‘Secuity Interest: You are secur in the goods or propertybei po i var he tp anr sns Yrotondrt ot
Lata Gage
tf any Soa see ite Pana Aneta YoU Wil bo charged up to $28 J0% of the late amount, whichever Is greater, with a maximum of S50.
ation: See portant Agreements, pages 3, 4 and 5, of this Contract including information about nonpayment, default, any required repayment in ful before
the concave gate and security interest.
ITEMIZATION OF AMOUNT FINANCED
1,_Amount Given to You Directty N/A (1)
2 Amount Pald on Your Account NA (2)
3. ‘Amount Pald to Others on Your Behalf
A_To er Name& 3185 INGIT OCTANE LIARLEY-DAVIDSON_ s
B.__ Cost of uired Physical Insurance pald to insurancecot 0.00
G. Cost of Optional Service
To:_I-D ESP w/ TW 2,244.00(Q)
Costof Optional Tire & Wheel Protection*
$ 0.000)
Costof Optional Credit Life and/or Disability Insurance paidto insurance company” $ 0.00 (E)
E Costof Optional Planned
To:_Dealer PM. 2799.00 (A)
ost of Optional Thet Protection”
0.00 (G)
Ct apa Protection
6.00
a ‘of Optional GAP Addendum*™
0.00()
en oar Teyistration fees paidto public officials (escribe)
License. 100.00 (J)
Government Certificate of Title Fees paid to public officials S$ 0.001)
“Taxes (describe):
‘To: State of MA. For, Tax 615.44 (L')
Fo $ 0.00
M. Other charges" (identify who will receive payment and describe):
To: Dealer For. Freight & Set Up $ 1,298.00 (Mi)
To: Dealer For: Doc/Admin Fee. 699.00 (WF)
To: 0.00 (Mi)
To: For. 0.00 (Mi).
To For. 0.00 (MA)
Total Amount Paid to Others on Your Behalf (add A thru Mi) $ 39,940.38 (3)
4, Amount Financed (14243) $ 39,040.38 (4)
* Dealer/Selier and/or Lender and/or Others may retaln, or receive, a portion of these amounts. You authorize the disbursement of funds as Itemized above; with the exception of 3B, It is the Dealer's obligation to
remit any funds itemized in Section 1,2 and 3 above. You acknowedge that any dovm payment made to Dealer may also be used to pay, in whole or part, anything itemized above in Sections 1, 2.and3.
Revised 02/2021 ORIGINAL: ESB ‘Copy: Barrawer(s) 10f5
Date Filed 6/14/2024 9:45 AM
a
‘Superior Court - Middlesex
Docket Number
INSURANCE AND OPTIONAL PRODUCTS
NOTICE: No person is required,as a conditionof obtaining this loan,to purchase OPTIONAL GAP Addendum. If You choose to buy and finance a GAP Addendum, the cost
Credit Life and/or Disability insurance, Tire and Wheel, Planned Maintenance, is shown in item 3 of the ITEMIZATION OF AMOUNT FINANCED section. GAP is based
Theft Protection, Appearance Protection, or GAP Addendum, or upon the Payment Schedule and term shown above, This protection may not pay all You
to purchase, or negotiate, any insurance through a particular insurance company, owe on this Contract if You make tate payments. See Your GAP addendum for details on
agent or broker, ‘the protection it provides.
Required Physical Damage insurance. Physical damage Insurance is required, but You OPTIONAL Credit Life and/or Disability Insurance, GAP Addendum (Walver). Credit
‘may obtain It from anyone You want who Is reasonably acceptable to Lender through an life and credit disability insurance, GAP Addendum are not required to obtain credit
existing policy of insurance owned or controlled by You, or through a policy You obtain and will not be provided uniess You sign for them and agreeto pay the additional cost.
from an Insurer authorized to do business in Your state, if You choose to buy and finance Acknowledge by signing below. if You have chosen any of these protections, the cost Is
this insurance through Lender, the cost of this Insurance is shown In item 3B of the ‘shown below, Please refer to the separate agreement for any chosen program for details
ITEMIZATION OF AMOUNT FINANCED section and You agree that the cost may be Included on the protection it provides. No Insurance will be In force until accepted by the product
in the Amount Financed under this Contract. pI ler.
Type [Cost
Telephone Number:
Tem: __0
__(866) 797-7579
Months
(To purchase) Purchase (initials)
$000 __Dediuctibie Life $ 0.00 Uwe want Credit Life
Deductible conrahente (Includes Fire, Theft and (Borrower/Co-Barrower)|
Combined Additional Coverage) x
sae Se
OPTIONAL Protection Products and Service Contracts. If You choose to buy and
finance other OPTIONAL products or services the cost of coverage Is shawn In Section Credit
Life & Disabllity {$.0:00 Uwe want Credit Life and
3 of the ITEMIZATION OF AMOUNT FINANCED, specifically 3C for a Service Contract, 3D
for Tre/Wheel, 3F for Planned Maintenance, 3G for Theft Protection, 3H for
Disabitty 2s
Ls, pS
Protection, and 3M for Other. See Your protection/service contract(s) for detalls on the pe
protectlon/service It provides.
IK
OPTIONAL Credit Life and/or Disability Insurance, If You have chosen this protection,
and if You finance this protection, the cost is shown in item 3E of the TEMIZATON OF Credit Disability ~<318.0:00
ee Vwe want Credit Disability
AMOUNT FINANCED section. Credit life insurance is based upon the Payment Schedule. X_N x
and term shown above. This protection may not pay all You owe on this Contract if You is.
make late payments, protection covers the original payment amountof the x
term shown in the TRUTH IN LENDING DISCLOSURES above, If You make late payments,
disability protection will not pay all of Your payments, Please referto the separate
agreement for any chosen program for details on the protection it provides.
GAP Addendum $ 0.00 | want GAP Addendum:
(Borrower only) os
Eee TE eee Te a ane COVE GE BODILY INJURY AND PROPERTY DAMAGE CAUSED OTHERS. You hereby consent tothe usa
ce coverage ohts in g of in
IMPORTANT SIGNATURES AND NOTICES
NOTICE TO CONSUMERSBy
signing below, You agree to the terms of thls Contract and agree that the provistons located on pages 3, 4, and 5 shall constitute a patt of,
and shall be Incorporated
into, thls Contract.
DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO A COMPLETED COPY OF THIS CONTRACT. IF YOU FAS TO PERFORM
YOUR OBLIGATIONS UNDER THIS CONTRAGT, THE COLLATERAL MAY BE REPOSSESSED AND YOU MAY BE ABLE FOR THE UNPAID JENCED BY THIS CONTRACT.
YOU SIGNED THIS CONTRACT AND RECEIVED A COPY ON. March. 05. 2022
(Month) (Day) (fear)
‘THE ANNUAL PERCENTAGE RATE MAY BE NEGOTIATED WITH THE DEALERSHIP THAT SOLD YOU THE VEHICLE. WE MAY SHARE PART OF THE FINANCE CHARGE WITH THE DEALERSHIP
‘THAT SOLD YOU THE VEHICLE,
‘The Borrower/Co-Borrower are each jointly and saverally llable for the entire obligation arising under this Contract.
‘The Co-Borrower (f applicable) knows that Lender has a security Interest in the property purchased in this Contract and consents to the security interest.
NOTIGE TO CO BORROWER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE
BORROWER DOES NOT PAY, LENDER HAS A LEGAL RIGHT TO COLLECT
Oe EE EE Te eee ae caer PeT FRO YOU. cred heroans, Late pam, missed payments or other defaults on Your
account may be reflected In Your credit report.
BORROWER signs below
By:X.
(go-mes roweRdy ‘CO-BORROWER signs below
By X
Print name JAMES DOTIERTY Print name,
TITLE AND REGISTRATION PROCESSING: Input the following name and address on the title documents:
Eaglemark Savings Bank
P.O, Box 277940
Sacramento, CA 95827
Revised 02/2021 ORIGINAL: ESB ‘Copy: Borrower(s) 20f5
Date Filed 6/14/2024 9:45 AM
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‘Superior Court - Middlesex
Docket Number
OTHER IMPORTANT AGREEMENTS
1, Finanoe Charge. Starting on the date of this Contract, the Finance Charge accrues on 9. Late Charge. You will have to pay a late charge on each monthly payment received by
a daily basis at a rate that is based on the Annual Percentage Rate disclosed on page one Lender more than ten (10) days late according to the Payment Schedule, The charge is
of this Contract, ‘shown on page one of this Contract. Acceptance of a fate paymentor late charge does not
2. Application of Payments. Lender will apply your payments to the Finance Charges, excuse Your late payment or mean that You can keep making payments after they are duc.
‘Amount Financed currently due, Expenses, Fees, and then the unpaid balance of the Lender may also take the steps
set forth in the other applicable sections of this Contract if
Amount Financed, in that order. Uniess otherwise required by applicable law, payments will there is any late payment.
be applied to any past due amounts on the account before being used to satisfy any monthly 10, Dishonored Check Charge. For the return of a dishonored check/ACH, negotiable
payment amount. Any amount received in excess of any past due amounts and current Total order of withdrawal or share draft issued in connection with any payment due under this
Amount Due, including monthly payment amount and Fees and Expenses, wil! be applied to Contract, Lender may charge You a Fee of up to $50, plus any charges assessed by Lender's
the unpaid batance of the Amount Financed. doposttory institution.
3, Late Payments and Early Payments. The disclosures of the Finance Charge and Total 11, Convenience Fees. You may incur convenience fees and other charges from Lender,
of Payments ara based on the assumption that You will make every payment on time and Your own bank, or a service provider as a result of the method You choose to make
assuming each year has 365 days and each month has 30 days, according to the Payment Your payments. Unless specifically prohibited by applicable law, You agree that You are
‘Schedule, Since the Finance Charge accrues dally, You will pay more Finance Charge and responsible for paying these charges, as applicable, and acknowledge that these are
Your Finance Charge and Total of Payments will be more if You pay late. You will pay less. conveniance fees related to Your choice of an expedited method of payment. To the extent
ance Charge and Your Finance Charge and Total of Payments will be less if You pay early. permitted by law, Lenderor a third party who contracts with Lender may charge up to $12,
If You pay early, the effect will be that Your final payment will be smaller. If You pay late, per payment made over the phone and up to $6 per payment made via the Internet or mobile
‘Your final payment may be larger or You may have one or more additional payments. Unless devices, You expressly consentto Lender contracting with third party payment processors
specifically prohibited by applicable law, the remaining balance shall be due and payable no to share in these fees. You may sign up for recurring payments through myhdfs.com for no
later than the last scheduled payment. additional charge and may send physical payments via check to Lender's lockbox for no
4, Payment Referral. If You meet the requirements and are granted an extension of one or additional charge other than postage or shipping charges.
‘more monthly payments, You understand that any deferral will continue to accrue Interest 12. Optional Protection Products: or Service Contracts. This Contract may contaln
on the unpaid principal balance during the deferral period. charges for optional protection products or service contracts such as extended service,
5, Ownership and Risk of Loss. You agree to pay Lender all You owe under this Contract planned malntenance, or. ¢ hdum. if You breach thls Contract, You agree that
and under the original schedule, even if the Vehicle is damaged, destroyed, stolen or nder may claim: ‘these agreements and terminate them to obtain refunds of
missing. You agree to keep the Vehicle in good condition or repair. You agree to use the uneamed charges. [n.thieevent You pay’ iur loan early, please contact the selling Dealer
Vehicle for personal use only, not to remove the Vehicle from the United States, and notto or the mini jrotection.products you Burshasod to discuss whether you may
sell, rent, lease or otherwise transfer any interest in the Vehicle or this Contract without be eligible ford.a ee unearned protection product
Lender's written permission. You agree to notify Us of any change in Your address or the 13, intract and GAP Addendum |Refunds Received by Lender. Any
location of the Vehicle. You agree te protect the Vehicte from claims of third persons. You refund on-optional otros or service contract will be credited to Your account.
agree not to expose the Vehicle to misuse or confiscation. You will make sure Lender’s This.will not-excuse You. from making payments in accordance with the Payment Schedule
security interest in (tien on) the Vehicle is shown on the title, or on other documentation on;page one ofthis Co
acceptable to Lender, You aagree to provide all materials and take action as Lender may 14. Default; Re red Payment In Full Before Scheduled Date. If You fail to pay any
request at any’ ‘time to protector enforce its rights in the Vehicle and other collateral. You’ payment when die and/or pay less than the amount owed; If the lkellhaod of You performing
not do anyting to defeat Lender's lien. If Lender pays any repair bills, storage bills, tax under this Contract sig decrease or if Lender's likelihood of
fines, or other charges on the Vehicle, You agres to repay the amount when Lender aks ‘for collecting on the Vehicle significantly decrease, including If You die or are declared legally
it unless specifically prohibited by law. incompetent; if a proceeding in bankruptry, receivership or insolvency is started by You
6, Security Interest. You grant Lender a purchase money security Interest in the Vehicle or against You or Your property; or if You break any of the agreements In this Contract
‘specifled on page one of thls Contract and any of the following that are purchased and. -» (Default), Lender can demand that You pay In full either 1) all past due payments, or 2) all
financed in connection with this Contract: (1) any accessories, equipment, and replacement *“You owe on this Contract at once (not just past due payments), together with all costs and
parts installed on the Vehicle; (2) any insurance premiums and charges for service or expenses incurred by Lender. After Default, interest will continueto accrue on a daily basis
GAP addendum returned to Lender; any proceeds of insurance policies, service or at a rate that is based on the Annual Percentage Rate shown on page one of this Contract.
GAP addendum on the Vehicle; and (4) any proceeds of insurance policies on Your life or Only if You reside in CO, CT, DC, FL, GA, IA, KS, ME, MD, MA, MN, MO, NE, NV, OR, Ri,
health which are financed through this Contract. This purchase money security interest is SC, SD, TN, TX, WV, or WI AND You and Your account aro eligible to cure Your payment
jin addition to any other security interest or lien Lender holds, or which You are required Default under the laws of that state (some cure states place limits on how often You may
‘to provide as a condition of this Contract. The Vehicle and all other property subject to a cure Your payment Default within a specified time or during the term of Your obligation),
security interestor tien in Lender's favor is called the “Collateral”. The Collateral secures Lender will provide notice and You will have an opportunity to cure Your payment Default
payment of afi amounts You owe on the Contract and on any transfer, renewal, extension by paying the unpald past due payments plus the earned and unpald part of the Finance
or assignmentof this Contract. It also secures Your other agreements in this Contract. To Charge, any subsequent charges, and any amounts due because You did not keep Contract
the extent permitted by applicable law, the Collateral under this Contract also secures Your promises.
other obligations to Lender, whether now owing or incurred after the date of this Contract.
. Repossession of Vehicle for Default of Contract. Repossession means that (1) if You
7. Prepayment. You may prepay the unpaid balance of the Amount Financed in full or in fail to pay according to the Payment Schedule or (2) if You fail to cure Your payment Default
part at any time without penalty. If You do so, You must first pay the earned and unpaid part in those states where Lender may not take Your Vehicle until You are given notice and
of the Finance Charge before paying for the unpaid balance of the Amount Financed and all the rightto cure Your payment Default, or (3) if You otherwise Default, Lender can, where
other amounts due up to the date of payment, permitted by applicable laws, take the Vehicle from You with or without resort to judicial
8, Required Physical Damage Insurance. You agree to have physical damage insurance process. To take the Vehicle Lender can enter Your property, or the property where the
covering loss or damage to the Vehicle for the duration of this Contract, showing Lender Vehicle is stored, so long as it is done peacefully and does not otherwise violate Your state
Fs successors and assigns) as Unless You law, If there Is any personal property in aron the Vehicle, such
as clothing, Lender may store
provide Lender with evidence of the Insurance coverage required by this Contract, it for You. Any accessories, equipment or replacement parts will remain with the Vehicle. If
Lender may purchase insurance at Your expense to protect Lender's Interests In Your repossession action Is started, and You cure Your payment Default prior to repossession,
Vehicle. This insurance may, but need not, protect Your interests. The coverage Lender You agree that Lender can charge actual and reasonable expenses incurred by it, unless
purchases may not pay any clalm that You make or any claim that Is made against You in ‘specifically prohibited by applicable laws.
connection with the Vehicls. You may later cancel any insurance purchased by Lender, but Connected Vehicle System Information, If the Vehicle has technology that provides
only after providing Lender with evidence that You have obtained insurance as required by cellular and GPS connectivity (“Connected Vehicle”), You agree that Lender may
‘the Contract. tf Lender purchases insurance for the Vehicle, You will be responsible for access the location of the Vehicle for Lender's servicing and collection purposes,
the casts of that insurance until the effective date of the cancellation or expiration of inctuding, subject to any prior notice and right to cure You havo under applicable
the insurance. The costs of Insurance will consist of the actual cost of the Insurance plus law, finding the Vehicle for repossession. If the Vehicle is repossessed, Lender may
a Finance Charge, at a rate that is based on the Annual Percentage Rate in this Contract, cess Connected Vehicle information including miteage, impact data, repair history, use
subjectto limits under applicable laws. The costs of the insurance may be more than the cost of the vehicle by state, driving behavior for valuation purposes and to determine whether
of Insurance You may be able to obtaln on Your own. ‘the Vehicle needs repairs or other services. Lender may also use the kinds of connected
Vehicle information described above to help Lender confirm You are complying with Your
obligations under thls Contrat
LeG2t
Revised 02/2021 ORIGINAL; ESB. Copy: Borrowers) 30f5
Date Filed 6/14/2024 9:45 AM
Superior Court - Middlesex
Docket Number
a
OTHER IMPORTANT AGREEMENTS (Continued)
It You reside in the State of Louisiana—Confession of Judgment—Selzure and Statements. U written request from You, Lender will provide You with a written
Salo of Vehicle for Failure to Pay. if You reside in the State of Louisiana, We may choose statement of the data and amounts of payments and the total amount unpaid on this Contract.
to institute executory, ordinary, other legal proceedings to recover the Vehicle, For the 21, Monthly Statemonts. Monthly statements may be provided as a courtasy to You.
purpose of permitting Lender to employ executory proceedings in the State of Louisiana, if You do not receive a monthly statement, it does not excuse Your obligation to make Your
‘You do hereby acknowledge Your obligation under this Contract and CONFESS JUDGMENT ‘scheduled monthly payment,
in favor of Lender or any holder of this Contract if Your obligation is not paid in full or You
Default under this Contract. You agree that if You fail to pay according to the Payment 22, Applicable Law. This Contract has been submitted for acceptance and is deemed
‘Schedule or othrewise Default under this Contract, then the entire unpaid balance due on to have been executed in Carson City, Nevada, Eaglemark Savings Bank is chartered
this Contract shall immediately become due and payable at the option of Lender without and regulated by the State of Nevada Department of Business and Industry, Financial
nece: of any notice, demand or placing in Default. If this happens, Lender may causs Institutions Division, You may contact them at P.0. Box 3239 Carson City, NV 89702 or call
‘the Vehicle to be selzed and sold under of other legal process In any court of 5) 688-1730, Eaglemark Savings Bank Is also regulated by the Federal Deposit
competent Jurisdiction In this state, to the highest bidder, payable In cash. You agree to Insurance Corporation and has the right under Federal lawto export interest rates, fees and
waive notice, and the benefit of appraisal, and other related rights under Louisiana Code of other types of credit charges based
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Date Filed 6/14/2024 9:45 AM Superior Court - Middlesex Docket Number 1 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT CIVIL ACTION NO. Harley-Davidson Credit Corp., Assignee of Eaglemark Savings Bank, VRAIS @8 Plaintiff, Vv. RECEIVED 6/14/2024 MG James Doherty, Defendants. VERIFIED COMPLAINT Parties 1. The Plaintiff, Harley-Davidson Credit Corp., Assignee of Eaglemark Savings Bank is a corporation organized under the laws of the United States with a principal place of business located at 222 W Adams, Suite 2000, Chicago, IL 60606. 2. Upon information and belief, the Defendant, James Doherty, is a natural person with a last known address at 225A Fallone Drive, Apt.402, Stoneham, MA 02180. Facts 3. That on or about March 5, 2022, the Defendant executed and delivered to Plaintiff a certain Promissory Note and Security Agreement (“Contract”) in the amount of $39,940.38 (“Contract”). See Exhibit A attached hereto for a true and correct redacted version removing personal information. 4, The Defendant is the owner of a certain motor vehicle, described as a 2022 Harley- Davidson FLTRXS Road Glide Special, VIN No. 1HDIKTP11NB621059 (“Vehicle”), which, on information and belief is kept at 225A Fallone Drive, Apt.402, Stoneham, MA 02180. File # 24-045293 Page 1 of 5 Date Filed 6/14/2024 9:45 AM Superior Court - Middlesex Docket Number 5. The Plaintiff is the current holder of the Contract. 6. The Contract is secured by the Vehicle. 7. The Plaintiff's security interest in the Vehicle was duly perfected and constitutes a valid lien against the Vehicle as evidenced by the Certificate of Title. See Exhibit B attached hereto for a true and correct redacted version removing personal information. COUNT I (Breach of Contract) 8. The Plaintiff reasserts and incorporates by reference Paragraphs 1 through 7. 9. The Defendant is in default of the Contract by virtue of his failure to make timely payment due and owing to Plaintiff in connection with the Contract and retains possession of the Vehicle. 10. The Defendant has breached the Contract by failing to make payments that have become due, or to return possession of the Vehicle to the Plaintiff. 11. The Plaintiff has demanded payment from the Defendant or possession of the Vehicle in accordance with Massachusetts General Laws Chapter 255D §21. See Exhibit C attached hereto for a true and correct redacted version of the demand letter removing personal information. 12. The Defendant has failed to cure the default or reinstate the debt set forth in the Contract, despite demand. 13. As of April 18, 2024, the Defendant owes the Plaintiff the sum of $41,084.28. COUNT II (Replevin - Injunctive Relief) 14. The Plaintiff reasserts and incorporates by reference Paragraphs 1 through 13. 15. The Defendant has continued to use and enjoy the possession of the Vehicle despite his default of the obligations set forth in the Contract as alleged herein. File # 24-045293 Page 2 of 5 Date Filed 6/14/2024 9:45 AM ‘Superior Court - Middlesex Docket Number 16. The Defendant has failed to make payments that have become due, or to return possession of the Vehicle to the Plaintiff, despite demand. 17. In the event of default, the Contract grants Plaintiff the immediate right to repossess the Vehicle to satisfy the debt. 18. Pursuant to Massachusetts General Laws Chapter 255D §22, Plaintiff is entitled to possession of the Vehicle after notice and hearing. 19. The Plaintiff claims return of the Vehicle or its value. 20. On information and belief there are no other known lienholders. WHEREFORE, the Plaintiff demands judgment against the Defendant and requests the following relief: 1 Issue an ORDER OF NOTICE, notifying the Defendant of a hearing on its request for a preliminary injunction; 2. Grant a preliminary and permanent injunction restraining Defendant from removing the Vehicle from its location, or transferring, selling, pledging, assigning, or otherwise altering, damaging, disposing of, or permitting the Vehicle to become subject to a security interest or lien, until further Order of the Court; and 3. Grant a preliminary and permanent injunction that the Defendant, his employees, agents, servants, landlord and others acting in his or her behalf, return said collateral to the Plaintiff, and that the Defendant, his employees, agents, servants, landlord and others acting on his or her behalf refrain from interfering with the right of the Plaintiff, its agents, representatives and process servers, to enter and remove the Vehicle from any premises of the Defendant or any location where the Vehicle is being held. File # 24-045293 Page 3 of 5 Date Filed 6/14/2024 9:45 AM Superior Court - Middlesex Docket Number Dated: June 14, 2024 Respectfully submitted, By its attorney, /s/ Tracy A. Kish Tracy A. Kish, Esq., BBO #656918 Korde & Associates, P.C. 900 Chelmsford Street, Suite 3102 Lowell, MA 01851 (978) 256-1500 (ext. 26245) tkish@kordeassociates.com File # 24-045293 Page 4 of 5 Date Filed 6/14/2024 8:45 AM ‘Superior Court - Middlesex Docket Number VERIFICATION Byee Owe 1, ____., am an authorized signor for Harley-Davidson Credit Corp., as Assignee for Eaglemark Savings Bank. I am authorized to make this verification on behalf of Harley-Davidson Credit Corp., as Assignee for Eaglemark Savings Bank and do hereby declare under the pains and penalties of perjury that based upon a review of Harley-Davidson Credit Corp., as Assignee for Eaglemark Savings Bank’s business records kept in the ordinary course of business and the exhibits contained herein, I have read the foregoing Verified Complaint and know the contents thereof to be true and correct. The same is true to my knowledge except to those matters that are alleged on information and belief; as to those matters, I believe them to, be true. No material facts have been omitted from this complaint. This declaration was executed on this 1S day of. 2024. Harley-Davidson Credit Corp., as Assignee for Eaglemark Savings Bank i‘ BY: Lesae Choe itle: Lose Mitigation menage STATE OF ey COUNTY OF __Cofl The foregoing instrument was acknowledged before me this. i day of. by. eles theese Harley-Davidson Credit Coi Eaglemark Se Bank, who |is personal! nown (o me or who has produced [Petver Licase as identification. (SEAL) Notary Public “Ty a Printed Name: utr DORA ELIA ALVAREZ i Notary Public, State of Texas Comm. Expires 03-14-2027 “takioF 0 Notery 0 134250689 File # 24-045426 Page 5 of 5 Date Filed 6/14/2024 9:45 AM ‘Superior Court - Middlesex Docket Number Exhibit A (Contract) Date Filed 6/14/2024 9:45 AM ‘Superior Court - Middlesex Docket Number iio Eaglemark Savings Bank (Gano Asubsldiaryof Harley-Davidson Credit Corp. PROMISSORY NOTE (SIMPLE INTEREST) BORROWER Nama and Mailing Address CO-BORROWER Name and Malling Address LENDER Name and Address JAMES DOHERTY Eaglomark Savings Bank 225A FALLON RD APT 402 P.O, Box 22048 STONEIIAM, MA 02180. Carson City, NV 89721-2048 Definitions. The words “You" and “Your” mean the Borrower/Co-Borrower(s) who sign(s) below. The words “ESB” “Lender “We” “Us” and “Our” mean EaglemarkSavings Bank, its successors and assigns.The word “Contract” means this Promissory Note and Security Agreement. The word “Vehicle” means the motorcycle and/or motor vehicte, described more fully bel Promise to Pay. You promise to pay to Lender the Amounts Financed plus interest figured on a daily basis on the unpaid balance as set forth in this Contract and in the Truth In Lending Disclosures set forth below, together with all fees and expenses set forth in this Contract, until all amounts are paid in full. Payment Deferral Any deferral will continua to accrue interest during the deferral period. ‘Where Applicable Finance Charges will not accrue for the first days ofthis Contract (‘No Finance Charge” period). DESCRIPTION OF PURCHASE MAKE YEAR NEW/USED MODEL COLOR VEHICLE IDENTIFICATION NUMBER TIARLEY-DAVIDSON 2022 New FLTRXS ROAD GLIDE SPECIAL Red WD 1IKTP1INB621059 Description of the body and major Items of equipment sold. TRUTH IN LENDING DISCLOSURES ANNUAL PERCENTAGE RATE FINANCE CHARGE (AMOUNT FINANCED: ‘TOTAL OF PAYMENTS: ‘The cost of Your credit ‘The collar amount the credit will ‘The amountof credit. provided’ “The amount You will have pald after You have! as a yearly rate, cost You. (Estimate) or on Yourt ‘made all payments as scheduled. (Estimate) 11.99% $19,266.18 $39,940: $59,206.56. Your Payment Schedule will NUMBER OF PAYMENTS: AMOUNT OF PAYMENTS: N PAYMENTS ARE DUE AND AS FOLLOWS: 84 $ 704.84 Monthly Beginni = 04/04/2022 * Until Paid In Full NA $0.00 Monthy Beginnit NWA ae NA repayment Yon yf ot You 34 erty, You wi thas to pay ae ‘Secuity Interest: You are secur in the goods or propertybei po i var he tp anr sns Yrotondrt ot Lata Gage tf any Soa see ite Pana Aneta YoU Wil bo charged up to $28 J0% of the late amount, whichever Is greater, with a maximum of S50. ation: See portant Agreements, pages 3, 4 and 5, of this Contract including information about nonpayment, default, any required repayment in ful before the concave gate and security interest. ITEMIZATION OF AMOUNT FINANCED 1,_Amount Given to You Directty N/A (1) 2 Amount Pald on Your Account NA (2) 3. ‘Amount Pald to Others on Your Behalf A_To er Name& 3185 INGIT OCTANE LIARLEY-DAVIDSON_ s B.__ Cost of uired Physical Insurance pald to insurancecot 0.00 G. Cost of Optional Service To:_I-D ESP w/ TW 2,244.00(Q) Costof Optional Tire & Wheel Protection* $ 0.000) Costof Optional Credit Life and/or Disability Insurance paidto insurance company” $ 0.00 (E) E Costof Optional Planned To:_Dealer PM. 2799.00 (A) ost of Optional Thet Protection” 0.00 (G) Ct apa Protection 6.00 a ‘of Optional GAP Addendum*™ 0.00() en oar Teyistration fees paidto public officials (escribe) License. 100.00 (J) Government Certificate of Title Fees paid to public officials S$ 0.001) “Taxes (describe): ‘To: State of MA. For, Tax 615.44 (L') Fo $ 0.00 M. Other charges" (identify who will receive payment and describe): To: Dealer For. Freight & Set Up $ 1,298.00 (Mi) To: Dealer For: Doc/Admin Fee. 699.00 (WF) To: 0.00 (Mi) To: For. 0.00 (Mi). To For. 0.00 (MA) Total Amount Paid to Others on Your Behalf (add A thru Mi) $ 39,940.38 (3) 4, Amount Financed (14243) $ 39,040.38 (4) * Dealer/Selier and/or Lender and/or Others may retaln, or receive, a portion of these amounts. You authorize the disbursement of funds as Itemized above; with the exception of 3B, It is the Dealer's obligation to remit any funds itemized in Section 1,2 and 3 above. You acknowedge that any dovm payment made to Dealer may also be used to pay, in whole or part, anything itemized above in Sections 1, 2.and3. Revised 02/2021 ORIGINAL: ESB ‘Copy: Barrawer(s) 10f5 Date Filed 6/14/2024 9:45 AM a ‘Superior Court - Middlesex Docket Number INSURANCE AND OPTIONAL PRODUCTS NOTICE: No person is required,as a conditionof obtaining this loan,to purchase OPTIONAL GAP Addendum. If You choose to buy and finance a GAP Addendum, the cost Credit Life and/or Disability insurance, Tire and Wheel, Planned Maintenance, is shown in item 3 of the ITEMIZATION OF AMOUNT FINANCED section. GAP is based Theft Protection, Appearance Protection, or GAP Addendum, or upon the Payment Schedule and term shown above, This protection may not pay all You to purchase, or negotiate, any insurance through a particular insurance company, owe on this Contract if You make tate payments. See Your GAP addendum for details on agent or broker, ‘the protection it provides. Required Physical Damage insurance. Physical damage Insurance is required, but You OPTIONAL Credit Life and/or Disability Insurance, GAP Addendum (Walver). Credit ‘may obtain It from anyone You want who Is reasonably acceptable to Lender through an life and credit disability insurance, GAP Addendum are not required to obtain credit existing policy of insurance owned or controlled by You, or through a policy You obtain and will not be provided uniess You sign for them and agreeto pay the additional cost. from an Insurer authorized to do business in Your state, if You choose to buy and finance Acknowledge by signing below. if You have chosen any of these protections, the cost Is this insurance through Lender, the cost of this Insurance is shown In item 3B of the ‘shown below, Please refer to the separate agreement for any chosen program for details ITEMIZATION OF AMOUNT FINANCED section and You agree that the cost may be Included on the protection it provides. No Insurance will be In force until accepted by the product in the Amount Financed under this Contract. pI ler. Type [Cost Telephone Number: Tem: __0 __(866) 797-7579 Months (To purchase) Purchase (initials) $000 __Dediuctibie Life $ 0.00 Uwe want Credit Life Deductible conrahente (Includes Fire, Theft and (Borrower/Co-Barrower)| Combined Additional Coverage) x sae Se OPTIONAL Protection Products and Service Contracts. If You choose to buy and finance other OPTIONAL products or services the cost of coverage Is shawn In Section Credit Life & Disabllity {$.0:00 Uwe want Credit Life and 3 of the ITEMIZATION OF AMOUNT FINANCED, specifically 3C for a Service Contract, 3D for Tre/Wheel, 3F for Planned Maintenance, 3G for Theft Protection, 3H for Disabitty 2s Ls, pS Protection, and 3M for Other. See Your protection/service contract(s) for detalls on the pe protectlon/service It provides. IK OPTIONAL Credit Life and/or Disability Insurance, If You have chosen this protection, and if You finance this protection, the cost is shown in item 3E of the TEMIZATON OF Credit Disability ~<318.0:00 ee Vwe want Credit Disability AMOUNT FINANCED section. Credit life insurance is based upon the Payment Schedule. X_N x and term shown above. This protection may not pay all You owe on this Contract if You is. make late payments, protection covers the original payment amountof the x term shown in the TRUTH IN LENDING DISCLOSURES above, If You make late payments, disability protection will not pay all of Your payments, Please referto the separate agreement for any chosen program for details on the protection it provides. GAP Addendum $ 0.00 | want GAP Addendum: (Borrower only) os Eee TE eee Te a ane COVE GE BODILY INJURY AND PROPERTY DAMAGE CAUSED OTHERS. You hereby consent tothe usa ce coverage ohts in g of in IMPORTANT SIGNATURES AND NOTICES NOTICE TO CONSUMERSBy signing below, You agree to the terms of thls Contract and agree that the provistons located on pages 3, 4, and 5 shall constitute a patt of, and shall be Incorporated into, thls Contract. DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO A COMPLETED COPY OF THIS CONTRACT. IF YOU FAS TO PERFORM YOUR OBLIGATIONS UNDER THIS CONTRAGT, THE COLLATERAL MAY BE REPOSSESSED AND YOU MAY BE ABLE FOR THE UNPAID JENCED BY THIS CONTRACT. YOU SIGNED THIS CONTRACT AND RECEIVED A COPY ON. March. 05. 2022 (Month) (Day) (fear) ‘THE ANNUAL PERCENTAGE RATE MAY BE NEGOTIATED WITH THE DEALERSHIP THAT SOLD YOU THE VEHICLE. WE MAY SHARE PART OF THE FINANCE CHARGE WITH THE DEALERSHIP ‘THAT SOLD YOU THE VEHICLE, ‘The Borrower/Co-Borrower are each jointly and saverally llable for the entire obligation arising under this Contract. ‘The Co-Borrower (f applicable) knows that Lender has a security Interest in the property purchased in this Contract and consents to the security interest. NOTIGE TO CO BORROWER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, LENDER HAS A LEGAL RIGHT TO COLLECT Oe EE EE Te eee ae caer PeT FRO YOU. cred heroans, Late pam, missed payments or other defaults on Your account may be reflected In Your credit report. BORROWER signs below By:X. (go-mes roweRdy ‘CO-BORROWER signs below By X Print name JAMES DOTIERTY Print name, TITLE AND REGISTRATION PROCESSING: Input the following name and address on the title documents: Eaglemark Savings Bank P.O, Box 277940 Sacramento, CA 95827 Revised 02/2021 ORIGINAL: ESB ‘Copy: Borrower(s) 20f5 Date Filed 6/14/2024 9:45 AM a ‘Superior Court - Middlesex Docket Number OTHER IMPORTANT AGREEMENTS 1, Finanoe Charge. Starting on the date of this Contract, the Finance Charge accrues on 9. Late Charge. You will have to pay a late charge on each monthly payment received by a daily basis at a rate that is based on the Annual Percentage Rate disclosed on page one Lender more than ten (10) days late according to the Payment Schedule, The charge is of this Contract, ‘shown on page one of this Contract. Acceptance of a fate paymentor late charge does not 2. Application of Payments. Lender will apply your payments to the Finance Charges, excuse Your late payment or mean that You can keep making payments after they are duc. ‘Amount Financed currently due, Expenses, Fees, and then the unpaid balance of the Lender may also take the steps set forth in the other applicable sections of this Contract if Amount Financed, in that order. Uniess otherwise required by applicable law, payments will there is any late payment. be applied to any past due amounts on the account before being used to satisfy any monthly 10, Dishonored Check Charge. For the return of a dishonored check/ACH, negotiable payment amount. Any amount received in excess of any past due amounts and current Total order of withdrawal or share draft issued in connection with any payment due under this Amount Due, including monthly payment amount and Fees and Expenses, wil! be applied to Contract, Lender may charge You a Fee of up to $50, plus any charges assessed by Lender's the unpaid batance of the Amount Financed. doposttory institution. 3, Late Payments and Early Payments. The disclosures of the Finance Charge and Total 11, Convenience Fees. You may incur convenience fees and other charges from Lender, of Payments ara based on the assumption that You will make every payment on time and Your own bank, or a service provider as a result of the method You choose to make assuming each year has 365 days and each month has 30 days, according to the Payment Your payments. Unless specifically prohibited by applicable law, You agree that You are ‘Schedule, Since the Finance Charge accrues dally, You will pay more Finance Charge and responsible for paying these charges, as applicable, and acknowledge that these are Your Finance Charge and Total of Payments will be more if You pay late. You will pay less. conveniance fees related to Your choice of an expedited method of payment. To the extent ance Charge and Your Finance Charge and Total of Payments will be less if You pay early. permitted by law, Lenderor a third party who contracts with Lender may charge up to $12, If You pay early, the effect will be that Your final payment will be smaller. If You pay late, per payment made over the phone and up to $6 per payment made via the Internet or mobile ‘Your final payment may be larger or You may have one or more additional payments. Unless devices, You expressly consentto Lender contracting with third party payment processors specifically prohibited by applicable law, the remaining balance shall be due and payable no to share in these fees. You may sign up for recurring payments through myhdfs.com for no later than the last scheduled payment. additional charge and may send physical payments via check to Lender's lockbox for no 4, Payment Referral. If You meet the requirements and are granted an extension of one or additional charge other than postage or shipping charges. ‘more monthly payments, You understand that any deferral will continue to accrue Interest 12. Optional Protection Products: or Service Contracts. This Contract may contaln on the unpaid principal balance during the deferral period. charges for optional protection products or service contracts such as extended service, 5, Ownership and Risk of Loss. You agree to pay Lender all You owe under this Contract planned malntenance, or. ¢ hdum. if You breach thls Contract, You agree that and under the original schedule, even if the Vehicle is damaged, destroyed, stolen or nder may claim: ‘these agreements and terminate them to obtain refunds of missing. You agree to keep the Vehicle in good condition or repair. You agree to use the uneamed charges. [n.thieevent You pay’ iur loan early, please contact the selling Dealer Vehicle for personal use only, not to remove the Vehicle from the United States, and notto or the mini jrotection.products you Burshasod to discuss whether you may sell, rent, lease or otherwise transfer any interest in the Vehicle or this Contract without be eligible ford.a ee unearned protection product Lender's written permission. You agree to notify Us of any change in Your address or the 13, intract and GAP Addendum |Refunds Received by Lender. Any location of the Vehicle. You agree te protect the Vehicte from claims of third persons. You refund on-optional otros or service contract will be credited to Your account. agree not to expose the Vehicle to misuse or confiscation. You will make sure Lender’s This.will not-excuse You. from making payments in accordance with the Payment Schedule security interest in (tien on) the Vehicle is shown on the title, or on other documentation on;page one ofthis Co acceptable to Lender, You aagree to provide all materials and take action as Lender may 14. Default; Re red Payment In Full Before Scheduled Date. If You fail to pay any request at any’ ‘time to protector enforce its rights in the Vehicle and other collateral. You’ payment when die and/or pay less than the amount owed; If the lkellhaod of You performing not do anyting to defeat Lender's lien. If Lender pays any repair bills, storage bills, tax under this Contract sig decrease or if Lender's likelihood of fines, or other charges on the Vehicle, You agres to repay the amount when Lender aks ‘for collecting on the Vehicle significantly decrease, including If You die or are declared legally it unless specifically prohibited by law. incompetent; if a proceeding in bankruptry, receivership or insolvency is started by You 6, Security Interest. You grant Lender a purchase money security Interest in the Vehicle or against You or Your property; or if You break any of the agreements In this Contract ‘specifled on page one of thls Contract and any of the following that are purchased and. -» (Default), Lender can demand that You pay In full either 1) all past due payments, or 2) all financed in connection with this Contract: (1) any accessories, equipment, and replacement *“You owe on this Contract at once (not just past due payments), together with all costs and parts installed on the Vehicle; (2) any insurance premiums and charges for service or expenses incurred by Lender. After Default, interest will continueto accrue on a daily basis GAP addendum returned to Lender; any proceeds of insurance policies, service or at a rate that is based on the Annual Percentage Rate shown on page one of this Contract. GAP addendum on the Vehicle; and (4) any proceeds of insurance policies on Your life or Only if You reside in CO, CT, DC, FL, GA, IA, KS, ME, MD, MA, MN, MO, NE, NV, OR, Ri, health which are financed through this Contract. This purchase money security interest is SC, SD, TN, TX, WV, or WI AND You and Your account aro eligible to cure Your payment jin addition to any other security interest or lien Lender holds, or which You are required Default under the laws of that state (some cure states place limits on how often You may ‘to provide as a condition of this Contract. The Vehicle and all other property subject to a cure Your payment Default within a specified time or during the term of Your obligation), security interestor tien in Lender's favor is called the “Collateral”. The Collateral secures Lender will provide notice and You will have an opportunity to cure Your payment Default payment of afi amounts You owe on the Contract and on any transfer, renewal, extension by paying the unpald past due payments plus the earned and unpald part of the Finance or assignmentof this Contract. It also secures Your other agreements in this Contract. To Charge, any subsequent charges, and any amounts due because You did not keep Contract the extent permitted by applicable law, the Collateral under this Contract also secures Your promises. other obligations to Lender, whether now owing or incurred after the date of this Contract. . Repossession of Vehicle for Default of Contract. Repossession means that (1) if You 7. Prepayment. You may prepay the unpaid balance of the Amount Financed in full or in fail to pay according to the Payment Schedule or (2) if You fail to cure Your payment Default part at any time without penalty. If You do so, You must first pay the earned and unpaid part in those states where Lender may not take Your Vehicle until You are given notice and of the Finance Charge before paying for the unpaid balance of the Amount Financed and all the rightto cure Your payment Default, or (3) if You otherwise Default, Lender can, where other amounts due up to the date of payment, permitted by applicable laws, take the Vehicle from You with or without resort to judicial 8, Required Physical Damage Insurance. You agree to have physical damage insurance process. To take the Vehicle Lender can enter Your property, or the property where the covering loss or damage to the Vehicle for the duration of this Contract, showing Lender Vehicle is stored, so long as it is done peacefully and does not otherwise violate Your state Fs successors and assigns) as Unless You law, If there Is any personal property in aron the Vehicle, such as clothing, Lender may store provide Lender with evidence of the Insurance coverage required by this Contract, it for You. Any accessories, equipment or replacement parts will remain with the Vehicle. If Lender may purchase insurance at Your expense to protect Lender's Interests In Your repossession action Is started, and You cure Your payment Default prior to repossession, Vehicle. This insurance may, but need not, protect Your interests. The coverage Lender You agree that Lender can charge actual and reasonable expenses incurred by it, unless purchases may not pay any clalm that You make or any claim that Is made against You in ‘specifically prohibited by applicable laws. connection with the Vehicls. You may later cancel any insurance purchased by Lender, but Connected Vehicle System Information, If the Vehicle has technology that provides only after providing Lender with evidence that You have obtained insurance as required by cellular and GPS connectivity (“Connected Vehicle”), You agree that Lender may ‘the Contract. tf Lender purchases insurance for the Vehicle, You will be responsible for access the location of the Vehicle for Lender's servicing and collection purposes, the casts of that insurance until the effective date of the cancellation or expiration of inctuding, subject to any prior notice and right to cure You havo under applicable the insurance. The costs of Insurance will consist of the actual cost of the Insurance plus law, finding the Vehicle for repossession. If the Vehicle is repossessed, Lender may a Finance Charge, at a rate that is based on the Annual Percentage Rate in this Contract, cess Connected Vehicle information including miteage, impact data, repair history, use subjectto limits under applicable laws. The costs of the insurance may be more than the cost of the vehicle by state, driving behavior for valuation purposes and to determine whether of Insurance You may be able to obtaln on Your own. ‘the Vehicle needs repairs or other services. Lender may also use the kinds of connected Vehicle information described above to help Lender confirm You are complying with Your obligations under thls Contrat LeG2t Revised 02/2021 ORIGINAL; ESB. Copy: Borrowers) 30f5 Date Filed 6/14/2024 9:45 AM Superior Court - Middlesex Docket Number a OTHER IMPORTANT AGREEMENTS (Continued) It You reside in the State of Louisiana—Confession of Judgment—Selzure and Statements. U written request from You, Lender will provide You with a written Salo of Vehicle for Failure to Pay. if You reside in the State of Louisiana, We may choose statement of the data and amounts of payments and the total amount unpaid on this Contract. to institute executory, ordinary, other legal proceedings to recover the Vehicle, For the 21, Monthly Statemonts. Monthly statements may be provided as a courtasy to You. purpose of permitting Lender to employ executory proceedings in the State of Louisiana, if You do not receive a monthly statement, it does not excuse Your obligation to make Your ‘You do hereby acknowledge Your obligation under this Contract and CONFESS JUDGMENT ‘scheduled monthly payment, in favor of Lender or any holder of this Contract if Your obligation is not paid in full or You Default under this Contract. You agree that if You fail to pay according to the Payment 22, Applicable Law. This Contract has been submitted for acceptance and is deemed ‘Schedule or othrewise Default under this Contract, then the entire unpaid balance due on to have been executed in Carson City, Nevada, Eaglemark Savings Bank is chartered this Contract shall immediately become due and payable at the option of Lender without and regulated by the State of Nevada Department of Business and Industry, Financial nece: of any notice, demand or placing in Default. If this happens, Lender may causs Institutions Division, You may contact them at P.0. Box 3239 Carson City, NV 89702 or call ‘the Vehicle to be selzed and sold under of other legal process In any court of 5) 688-1730, Eaglemark Savings Bank Is also regulated by the Federal Deposit competent Jurisdiction In this state, to the highest bidder, payable In cash. You agree to Insurance Corporation and has the right under Federal lawto export interest rates, fees and waive notice, and the benefit of appraisal, and other related rights under Louisiana Code of other types of credit charges based