Preview
ELECTRONICALLY FILED
Sevier County Circuit Court
Kathy Smith, Circuit Clerk
2024-Jul-03 13:29:48
67CV-24-67
CO9WD01 : 13 Pages
IN THE CIRCUIT COURT OF SEVIER COUNTY, ARKANSAS
CREDIT ACCEPTANCE CORPORATION PLAINTIFF
VS. No.
ANTHONY WEST DEFENDANT
160 FROGLEVEL RD
HORATIO, AR 71842
COMPLAINT
Now comes Plaintiff, Credit Acceptance Corporation, by and through counsel, The
McHughes Law Firm, PLLC, and for its Complaint against the Defendant says unto this
Honorable Court as follows:
1 That Plaintiff is an indirect auto finance company, and a Michigan Corporation
authorized to do business in the State of Arkansas. Plaintiff is not required to be licensed by the
Arkansas Board of Collection Agencies pursuant to A.C.A. 17-24-202 (10). The Defendant is a
resident Sevier County, Arkansas. Therefore, this Court has jurisdiction over the subject
matter of this action, the parties hereto, and venue is proper in this Court.
2. Plaintiff is the assignee of the attached Rega Installment Contract (the
“Contract”) dated April 26, 2023, from TURBO MOTORS INC, located at 14275 Plank Rd,
BAKER, LA 70714. A copy of the Contract is attached and labeled Exhibit A.
€
3 Defendant entered into said Contract to purchase a 2013 Ford F150.
OAM = 49 -
alhith— 2
4 Defendant is in default of said Contract and owes the Plaintiff the principal sum
of $14,406.86. o
5 The Plaintiff is entitled to prejudgment interest on the principal balance from
November 7, 2023 until the date of the Judgment pursuant to Ark. Code Ann. § 16-65-114 in the
amount of 2% above the Federal Reserve Primary Credit Rate as determined on the date of
Judgment.
6 Plaintiff has demanded payment from Defendant, but Defendant has refused to
pay.
WHEREFORE, premises considered, Plaintiff prays that Defendant be
summoned to appear and answer, that upon final hearing, Plaintiff have Judgment against the
Defendant for;
a) principal balance of $14,406.86;
a) pre-judgment interest for the dates requested above and post-judgment interest,
both awarded pursuant to Ark. Code Ann. § 16-65-114 in the amount of 2% above
the Federal Reserve Primary Credit Rate as determined on the date of Judgment;
b) attorney’s fees in the amount to be determined by the court;
c) all cost of court; and
qd) all such other just and proper relief to which Plaintiff may be entitled.
VERSION 10-17-2018
Respectfully submitted,
The McHughes Law Firm, P.L.L.C.
Attorneys at Law
P.O. Box 7599
Little Rock, Arkansas 72217
(501) 376-9131
A!
Becky A. McHughes (03024)
becky@mchugheslaw.com
Christopher D. Anderson (91255)
chris@mchugheslaw.com
Josh Logan (19043)
jlogan@mchugheslaw.com
File #:81349
VERSION 10-17-2018
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
RETAIL INSTALLMENT CONTRACT
ACCOUNT # EI LoT # ASW
Buyer Name and Address Co-Buyer Name and Address. Creditor-Seller Name and Address
ANTHONY WEST N/A TURBO MOTORS INC
160 FROGLEVEL RD 14275 PLANK RD
HORATIO, AR 71842 BAKER, LA 70714
“You” and “Your” mean each Buyer above, jointly, severally, and in solido. “Our”, “Us”, and “We" mean the Seller and after assignment of this
contract, Seller's assignee. You ma’
credit price is shown below as “Tot al {Sat
the Vehicle described below for cash or credit. The cash price is shown Page 2 as the “Cash Price”. The
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 Te} air. You promise to pay Us all amounts due under this Retail installment Contract
(‘Contract’), including the Total Sale Price, in accordance
agree to thé terms and conditions below (including the Truthwithin Lending
the payment schedule shown in the Truth in Lendin Disclosures below. You also
Disclosures) and on the additional pages of 4 this Contract. You understand
and agree that Seller may participate in and receive a portion of the Finance Charge. The Annual Percentage Rate may be negotiable with Us.
Year and Make Model Color Vehicle Identification Number] Odometer Reading
Used
—
2013 Ford F1s0 BLACK Eee) _| 124,446
TRUTH IN LENDING DISCLOSURES
MSiace INANCE
CHARGE
The dollar amount
Amount
Financed
The amount of credit
Total of
Payments
The amount You will
Total Sale Price
The total cost of Your
purchase on credit,
including Your
The cost of Your the credit will cost provided to You or on have paid after You have
credit as a yearly You. Your behalf. made all payments as down payment of
rate. scheduled $4,000.00 is
23.99% $18,713.22
$ 24,388.23 $43,101.45 $47,101.45
Payment Schedule: Your payment schedule will be
No. of Payments ‘Amount of Payments When Payments Are Due
$
$
63 $ 684.15 Monthly, beginning May 26, 2023
Security: You are giving a security interest in the goods or Vehicle being purchased
Late Charge: If any part of ap ‘ment is more than 110 days late, You will be charged $10 or 59 of amount of the installment in
ny a te 5 exqeed $30.
G C
lefadttywifchever is gr
P; ‘epaymnent1f ee
You pay arly, You maybe
‘Additional Inforntation: Please read tl iso ie
itlecrtor ab patel fe Phatelchee.»
ctforany A tional infomation about non
in full before the scheduled date, and prepayment refunds and penalties.
fren
as |
{default ane ay required Tep |N Al Lo
LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS
NOT INCLUDED.
Allmotorists are required to be covered by anautomobile liability lic’ 3with legally prescribed liability limits, whichis not
included in the insurance listed herein, i any, Failure to obtain fi
ability insurance in legally prescribed amounts may result
penalties, including suspension or revoc: ation of driving privileges
in
St
PROPERTY INSURANCE: You must insure the Vehicle securin: this Contract. YOU MAY PURCHASE OR PROVIDE THE
INSURANCE THROUGH ANYONE YOU CHOOSE WHOIS REA: ONABLY ACCEPTABLE TO US, as more fully described on
page 3.
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 OBTAINE!
PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL
NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
ARBITRATION: This Contract contains an Arbitration Clause that states You and We may elect to resolve any dis} ute by arbitration
and not by court action. See the Arbitration Clause on Page 6 of this Contract for the full tems and conditions o' the agreement to
arbitrate. By initialing below, you confirm that you have read, understand and agree to the terms and conditions in the Arbitration
Clause.
& Buyer's Initials, ee Buyer's Initials
USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PAR’ EOF THIS CONTRACT.
INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALI
Guia para compradores de vehiculos usados. La informacion que ve en el formulario de la ventanilla para este vehiculo forma parte del presente
Eontrato-
Latniormadon
del ormularo ee av
ontrato. La informacion del formulario de Ta Ventanilla deja sin efecto toda disposicion en contrario contenida en el contrato deventa.
ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE ARBITRATION
CLAUSE SET FORT! HE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE.
INCORPORATED HEREIN BY REFEREN
LOUISIANA CREDIT ACCEPTANCE CORPORATION (07-2022) => Buyer's initials (a
© 2012-2022 Credit Acceptance Corporation. PAGE 1 of 6
All Rights Reserved. The original retail installment contract is assigned lo Credit Acceptance Corporation. Buyer's Initials
‘This copy was created on 04/26/2023
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance =
ITEMIZATION OF AMOUNT FINANCED
Cash Price (including accessories and improvements to the Vehicle)........ $_22,495.00 (1)
Sales Tax.. $_ 2,350.73(2)
Down Payment Calculatio Cash Down Payment 4,000 0 (A)
Deferred DownPayment. N/A (B)
Trade-In Description: Gross Trade-In . N/A (C)
Make: N/A
Model: N/A Payoff Made by Seller $. N/A (D)
Net Trade-In (Ifnegative number, insert “O" in line 3(E) and itemize difference in 5(H) below) (C-D).... N/A (E)
Trade-In Description: Gross Trade-In . $. N/A (F)
Make: N/A
Model: N/A Payoff Made by Seller $. N/A _(G)
Net Trade-In (If negative number, insert “O" in line 3(H) and itemize difference in 5(M) below) (F-G) N/A(H)
Other: Manufacturers Rebate. N/A(l)
Total Down Payment (A+B+E+H#l) $4,000.00 (3)
Unpaid Balance of Cash Price (1 + 2minus 3).... $20,845.73(4)
Other Charges Including Amounts Paid to Others on Your Behalf:
*(NOTICE: A portion of these charges may be paid to or retained by Us.)
Cost of Required Property Insurance Paid to Insurance Company*..... o $. N/A(A)
Cost of Optional Extended Warranty or Service Contract Paid to the Company named belo\ W'S 2,03 9(B)
Cost of Fees Paid to Public Officials for Perfecting or Filing a Security Interest. 15 00(C)
Cost of Fees Paid to Public Officials for Cer ificate of Title, License and Registratior 201 5°()
Documentation Fee Paid to Seller. 425 00(E)
Convenience Fee Paid to CONVEN: O(F)
Notary Fee Paid to NOTARY FEE 15 90/6)
Other Charges (Seller must identify who will receive payment and describe purpose)"
toN/A for lien or lease payoff... N/A(H)
to Phoenix American Administrators, Inc for Optional GAP Protectior 83 o(l)
toN/A forN/A N/AW)
K. toN/A forN/A N/A(K)
L. toN/A forN/A N/A(L)
M. toN/A for lien or lease payoff. N/A (M)
feb EC RONIC. ORIG
na
6Heese)
ints +849 50.6)
fanci ANB 96X09 (6)
OPTIONAL EXTENDED WARRANTY OR SERVICE CONTRACT: Although You are not required to purchase an optional extended warranty or
service contract as a condition of purchasing this Vehicle on credit, by signing below You are indicating that You voluntarily elect to buy an
optional extended warranty or service contract covering the repair of certain major mechanical breakdowns of the Vehicle and related
expenses. Refer to the optional extended warranty or service contract for details about coverage and duration.
Sag Price $2,033.00 Term: 24,000 Miles/24 Mos. Company: Wynn's Extended Care, Inc.
Anthony West senna 04/26/2023
Buyer's Signature Date Buyer's Signature Date
GAP PROTECTION: Optional Guaranteed Auto Protection (GAP) is not required to obtain credit. GAP protection will not be provided und en
this Contract unless You sign for it below and agree to pay the additional cost shown below and on Line 51 of the ITEMIZATION O! IN’
FINANCED. You may obtain optional GAP prote« ction from a person of Your choice that is authorized to sell such coverage and is acceptable
to Us. The GAP contract issued by the provider of the protection will describe the terms and conditions of coverage in further detail. If You want
GAP protection, sign below.
Sop - § 835.00 Ten: 63 Mos. Provider: Phoenix American Administrators ind.
SS Hathany We 04/26/2023
Buyers Signature Date Buyer's Signature Date
Notice to the Buyer. 1. Do not sign this Contract before You read it or if it contains any blank spaces. 2. You are
entitled to an exact copy of the Contract You sign. 3. Keep it to protect Your legal rights. The Seller may assign
this Contract and participate in the Finance Charge associated with the sale.
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.
~~ Buyer's Signature:x. vs Buyer's Signature: x,
‘Seller; TURBO MOTORS INC By: | Brady Butler . Title: AGENT
This Contract is signed by the Seller and Buyer(s) hereto this. 26th day of_April ‘ 2023
LOUISIANA CREDIT ACCEPTANCE CORPORATION (07-2022)
© 2012-2022 Credit Acceptance Corporation. PAGE 2 of 6
All Rights Reserved. The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 04/26/2023
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
ADDITIONAL TERMS AND CONDITIONS
Securit
§
Interest. You give Us a security interest in: 1). The Vehicle and all parts or joods installed in it; 2). All money or goods received
(proceeds) for the Vehicle, 3). All 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 f premiums). Our security interest secures payment
of all You owe on this Contract and in any transfer, renewal, extension or assignment of this Contract. Our security interest 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 ayment 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 char: ge equal to 5% of the amount of the check or like instrument not to exceed
$15 (or such other amount permitted by applicable law) for anj y check or like instrument given by You to Us that is returned by Your bank
because of insufficient funds.
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.
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 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 or liens 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.
Youwill promptly provide Us with any additional personal or financial information concerning You or any information about the Vehicle that
Wemay reasonably request from time to time.
- You will immediately notify Us if You change Your name or address.
Prepayment. You have the right to prepa) Your account balance in full or in part at any time. You may be entitled to a refund credit of
part of the pre-com uted finance charge.
5
his credit will be calculated in accordance with the actuarial method. We
prepayment charge efore makin: ig this calculation, unless more than one-half of the term of this Contract has elapsed.
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
will retain a $25
We will apply the
it to You. We will
not credit or refund amounts ooless than $1.00.
tes
-
infrou ep)
make
due
i\ alportiog
Bate wil,
all payments on time until
adv
‘our obli jation under t is
payments may be less than the schedules amount due.
lange=rel
ne
a inipe=u ee icColne
dard mi
Contractis paid in
pal
full. If
tt
You
Ge rep
fiedain bet m tNpely
lake a partial prepay!
.
‘our last payment or
Your
|
Required Insurance. You must insure Yourself and Us for the term of this Contract against loss of, and physical damage to, the Vehicle with
f
apolic) in Your name that i I is acceptable to Us. We have the right to approve the amount and type of insurance. In the event of loss or damage to
the Vel licle, We may require additior D nal security or assurance of payment before We allow insurance proceeds to be used to repair or replace
the Vehicle. You agree that if the insurance proceeds do not cover the amounts You still owe Us, You wil ay the difference. You m:
urchase or provide the insurance through any insurance company reasonably acceptable to Us. You will keep he insurance in full force and
effect until this Contract is paid in full.
fi
Ifthe Vehicle is lost or damaged, You agree that We can use an insurance settlement either to rey air the Vehicle or apply to Your account
balance. If applied to Your account balance, the insurance settlement proceeds that do not pay ‘our obligation in full under this Contract
willbe applied as a partial payment.
Ye
Optional Maintenance, Service or Other Contracts. This Contract may contain charges for optional maintenance, service,
warranty or other 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 to reduce what You owe or repair the Vehicle. If the Vehicle is a total loss because it is
confiscated, damaged or stolen, We may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to
reduce what You owe.
Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If an’ charge for required insurance is returned to Us, it may
be credited to Your account in accordance with the Prepayment section of this Contract Any refund on optional 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 itis 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 al ble immediately at any time
without notice to You, unless We are required by law to provide You with such notice, and subject to any rig!
Contract, In figuring what You owe, , We will give You a refund of part of the Finance Charge figured the same ‘ouas may have to reinstate the
if You had prepaid Your
hey
obligation under this Contract in full.
Sia
LOUISIANA CREDIT ACCEPTANCE CORPORATION (07-2022) > Buyers Initials
© 2012-2022 Credit Acceptance Corporation. PAGE 3 of 6
All Rights Reserved. ‘The original retail installment contract is assigned to Credit Acceptance Corporation. Buyer's Initials
This copy was created on 04/26/2023
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
AVVITIONAL TERMS ANU GUNVITIUNS
Servicing and Collection Contacts. You agree that we may try to contact you in writing, by e-mail, or using prerecorded/artificial
voice messages, text messages, and automatic telephone dialing systems, as the law allows, You also agree that we may try to contact
you in these and other ways at any address or telephone number you provide us, even if the telephone number is a cell phone number or
the contact results in a charge to you.
Collection Costs. If You default, You agree to pay all the out-of-pocket collection costs and expenses We incur to collect this debt and
realize on any security. You also agree to pay such additional collection costs and expenses that may be authorized by law, including
Our reasonable collection/enforcement attorney fees in an amount not to exceed 25% of the total amount payable under this Contract.
Conversion. If two or more of installment payments or parts thereof are in default for ten days or more, upon written notice to You, We
may elect to convert this pre-computed transaction into a simple interest transaction.
Remedies. If You are in default of this Contract, We have, subject to any right to cure that You may exercise, all of the remedies
provided by law and this Contract:
- We may require You to immediately pay Us, subject to any refund required by law, the remaining unpaid balance of the amount
financed, finance charges and all other agreed charges.
We may pay taxes, assessments, or other liens or make repairs to the Vehicle if You have not done so. We are not required to do
so. Any amount We pay will be due immediately. This amount will earn finance charges from the date paid at the post-maturity
rate described in the INTEREST AFTER MATURITY section until paid in full.
We niey sell the Vehicle, as provided by law, if the Vehicle is in our possession or if You voluntarily deliver or surrender the Vehicle to
We may, if allowed by law, use Louisiana's ordinary or executory process foreclosure procedures, without the necessity of
demanding payment from You
or notifying You or placing You in default, cause the Vehicle to be immediately seized and sold.
- We may, if allowed by law, keep the Vehicle to satisfy Your obligations under this Contract.
- We may, if allowed by law, sue You for additional amounts if the proceeds of a sale do not pay all of the amounts You owe Us.
By choosing any one or more of these remedies, We do not waive Our right to later use another remedy. By deciding not to use any
remedy, We do not give up Our right to consider the event a default if it happens again,
You agree that if any notice is required to be given to You of an intended sale or transfer of the Vehicle, notice is reasonable if mailed to
Your last known address, as reflected in our records, in a reasonable period before the date of the intended sale or transfer (or such other
period of time as is required by law).
et
Additional Default Remedies. If You fail to pay two or more consecutive payments on the due date, We may, if allowed by law, have
CS CT nae
the right to obtain possession and dispose of the Vehicle in accordance with the provisions of the Additional Default Remedies Act and
Uniform Commercial Code. Louisiana law permits repossession of motor vehicles without judicial process.
te e ORGINAL
i riKe
f Le fi
| ‘Of appraisal’
et x ch
ided uhder icl
e
3k
exten’
ouisiang Ci
favor,
ther Taws withr jard toa P| isal upon ficial Sale
i The notice of seizure provided under Article 2293 of the Louisiana Code of Civil Procedure;
- The 3 days delay provided under Articles 2331 and 2722 of the Louisiana Code of Civil Procedure;
- All other provisions provided under Articles 2331, 2721, 2722 and 2723 of the Louisiana Code of Civil Procedure and all other Articles not
specifically mentioned above.
You agree that, in the event the Vehicle is seized as an incident to an action to enforce this Contract, We may serve as keeper, or appoint a
keeper of the Vehicle at the time the seizure is effected. Any personal items found in the Vehicle will be sold along with the Vehicle.
Delay in Enforcing Rights and Changes of this Contract. We can delay or refrain from enforcing any of Our rights under this Contract
without losing them. For example, We can extend the time for making some payments without extending others. Any change in the terms of
this Contract must be in writing and signed by Us. No oral changes are binding. If any part of this Contract is not valid, all other parts will
remain enforceable.
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.
Interest After Maturity. You further agree to pay interest at the rate of 6% or 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 the highest rate permitted by applicable law.
State of Contracting. This Contract shall be deemed to have been made and entered into by the parties at the Seller's address shown on
page 1.
LOUISIANA CREDIT ACCEPTANCE CORPORATION (07-2022) E> Buyer's Initials [#2]
© 2012-2022 Credit Acceptance Corporation. PAGE 4 of 6
All Rights Reserved. The original retail installment contract is assigned to Credit Acceptance Corporation. Buyer's Initials
This copy was created on 04/26/2023
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
ADDITIONAL TERMS AND CONDITIONS
Waiver. To the extent permitted by applicable law, You agree to give up Your rights to require Us to do certain things. We are not
required to: (1) demand payments of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the
appropriate amount, time or manner; or, (3) give notice that We intend to make, or are making, this Contract immediately due.
Governing Law. The rights and duties of the parties, and any claims arising out of or related to this Contract, are governed under the
laws of the State of Louisiana except to the extent preempted by applicable federal law. Specifically, this Contract is subject to the
Louisiana Motor Vehicle Sales Finance Act if the Vehicle is to be used primarily for personal, family or household (consumer) purposes, and
to La. R.S. §9:3509 if the Vehicle is to be used primarily for business, commercial, or agricultural purposes.
Credit Sale Conditioned on Seller’s Obtaining Credit Acceptance Corporation’s Agreement to Accept Assignment. The
following provisions apply to the extent that Your credit sale of the Vehicle is conditioned upon Seller obtaining Credit
Acceptance Corporation's (“Credit Acceptance”) agreement to accept assignment of this Contract: 1) Your credit
purchase of theVehicle and this Contract shall be null and void and without effect should Credit Acceptance not agree to
accept assignment of this Contract within twenty- five (25) days of the date that You accept delivery of the Vehicle. This
provision does not apply should Credit Acceptance accept the assi ignment of this Contract after twenty-five (25) days. 2)
Seller is prohibited from selling Your trade-in vehicle until the con ional sale is complete. 3) If Credit Acceptance does not
agree to accept assignment of this Contract, Seller will immediately return to You all amounts that You have paid Seller
with respect to Your credit purchase, and You will not be charged anything. However, You remain responsible for any
damages to the Vehicle while in Your custody, to the extent provided by law. 4) You understand and unconditionally
agree to return the Vehicle to Seller within forty-eight (48) hours of notification that the conditional sale will not be
completed.
ASSIGNMENT
FOR VALUE RECEIVED, Seller hereby
to the Vehicle described herein, to CR
assigns and transfers all Seller's
DIT ACCEPTANCE CO!ORPORATI i
to and in accordance with the terms and conditions set/4
SN t, title and interest in and to this Contract, and in and
“Assignee"), its successors and assigns, pursuant
tween Seller an Assignee in
effect on the date hereof. Seller gives Assignee full pow either in As: “sname OF i ler’s name, to take all actions which
Seller could have taken under this Contract. In order to in duce Assignee to accept assignment of this Contract, Seller represents
and warrants to Assignee as set forth in the existing dealer r agreement.
NOTICE OF ASSIGNMENT: The Seller has assigned this Contract to Credit Acceptance Corporation in accordance with
the terms and conditions set forth below on 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.
36rOR ¥-OF ELECTRONIC ORIGINAL
LOUISIANA CREDIT ACCEPTANCE CORPORATION (07-2022) E> Buyer's Initials
© 2012-2022 Credit Acceptance Corporation. PAGE 5 of 6
All Rights Reserved. The original retail installment contract is assigned to Credit Acceptance Corporation. Buyer's Initials
This copy was created on 04/26/2023
Copy of Electronic Original
Not required to mail or fax this co PY fogredit Acceptance
ARBILRALION C:
This Arbitration Clause describes how a Dispute (as defined below) may be arbitrated. Arbitration is a method of resolvin
gne or more neutral persons, instead of having a trial in court in front of a judge and/or jury. In this Arbitration Clause, tes in front of
“Us" mean
Seller and/or Seller's assignee (including, without limitation, Credit Acceptance Corp eration) or their employees, assignees, or any third party
providi any goods or services in connection with the origination, servicing and collection of amounts due under the Contract if such third party
are
Is nami ed as a party between You and Us. "You" and “Your’ means each juyer named above.
Your Right to Reject: If You don’t want this Arbitration Clause to
Michigan 48086- 70 a written rejection notice that describes the
A rejection notice is only effective if it is signed by all buye
Cont
, You may reject it by mailing Us at P.O. Box 5070, Southfield,
r ‘act and tells Us that You are rejecting this Arbitration Clause.
o-buyers and cosigners and the envelo;
sent in has a post mark of 30 days or less after the date of this Contract. If You reject this Arbitration iause,
the rejection notice is
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 arising out of or in an
any default under this Contract, the collection of amounts due under this Contract, th
way related to this Contract, including, but not limited to,
e purchase, sale, delivery, set-up, quality of the Vehicle,
advertising for the Vehicle orits 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 law: s, Statutes, ordinances or regulations or any other legal or equitable
theories. Notwithstanding the foregoin: “Dispute” does not iinclude any vindividual action brought by ‘ou in small claims court or Your state's
equivalent court, unless such action is ‘i a nsferred, removed or appealed to a different court. “Dispute” does not include any repossession of the
Vehicle upon Your default and any exercise of the power of sale of the Vehicle under this Contract or any indivi idual action by Youto pi re)
from using any such remed , 80 fong as
Preview
ELECTRONICALLY FILED Sevier County Circuit Court Kathy Smith, Circuit Clerk 2024-Jul-03 13:29:48 67CV-24-67 CO9WD01 : 13 Pages IN THE CIRCUIT COURT OF SEVIER COUNTY, ARKANSAS CREDIT ACCEPTANCE CORPORATION PLAINTIFF VS. No. ANTHONY WEST DEFENDANT 160 FROGLEVEL RD HORATIO, AR 71842 COMPLAINT Now comes Plaintiff, Credit Acceptance Corporation, by and through counsel, The McHughes Law Firm, PLLC, and for its Complaint against the Defendant says unto this Honorable Court as follows: 1 That Plaintiff is an indirect auto finance company, and a Michigan Corporation authorized to do business in the State of Arkansas. Plaintiff is not required to be licensed by the Arkansas Board of Collection Agencies pursuant to A.C.A. 17-24-202 (10). The Defendant is a resident Sevier County, Arkansas. Therefore, this Court has jurisdiction over the subject matter of this action, the parties hereto, and venue is proper in this Court. 2. Plaintiff is the assignee of the attached Rega Installment Contract (the “Contract”) dated April 26, 2023, from TURBO MOTORS INC, located at 14275 Plank Rd, BAKER, LA 70714. A copy of the Contract is attached and labeled Exhibit A. € 3 Defendant entered into said Contract to purchase a 2013 Ford F150. OAM = 49 - alhith— 2 4 Defendant is in default of said Contract and owes the Plaintiff the principal sum of $14,406.86. o 5 The Plaintiff is entitled to prejudgment interest on the principal balance from November 7, 2023 until the date of the Judgment pursuant to Ark. Code Ann. § 16-65-114 in the amount of 2% above the Federal Reserve Primary Credit Rate as determined on the date of Judgment. 6 Plaintiff has demanded payment from Defendant, but Defendant has refused to pay. WHEREFORE, premises considered, Plaintiff prays that Defendant be summoned to appear and answer, that upon final hearing, Plaintiff have Judgment against the Defendant for; a) principal balance of $14,406.86; a) pre-judgment interest for the dates requested above and post-judgment interest, both awarded pursuant to Ark. Code Ann. § 16-65-114 in the amount of 2% above the Federal Reserve Primary Credit Rate as determined on the date of Judgment; b) attorney’s fees in the amount to be determined by the court; c) all cost of court; and qd) all such other just and proper relief to which Plaintiff may be entitled. VERSION 10-17-2018 Respectfully submitted, The McHughes Law Firm, P.L.L.C. Attorneys at Law P.O. Box 7599 Little Rock, Arkansas 72217 (501) 376-9131 A! Becky A. McHughes (03024) becky@mchugheslaw.com Christopher D. Anderson (91255) chris@mchugheslaw.com Josh Logan (19043) jlogan@mchugheslaw.com File #:81349 VERSION 10-17-2018 Copy of Electronic Original Not required to mail or fax this copy to Credit Acceptance RETAIL INSTALLMENT CONTRACT ACCOUNT # EI LoT # ASW Buyer Name and Address Co-Buyer Name and Address. Creditor-Seller Name and Address ANTHONY WEST N/A TURBO MOTORS INC 160 FROGLEVEL RD 14275 PLANK RD HORATIO, AR 71842 BAKER, LA 70714 “You” and “Your” mean each Buyer above, jointly, severally, and in solido. “Our”, “Us”, and “We" mean the Seller and after assignment of this contract, Seller's assignee. You ma’ credit price is shown below as “Tot al {Sat the Vehicle described below for cash or credit. The cash price is shown Page 2 as the “Cash Price”. The 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 Te} air. You promise to pay Us all amounts due under this Retail installment Contract (‘Contract’), including the Total Sale Price, in accordance agree to thé terms and conditions below (including the Truthwithin Lending the payment schedule shown in the Truth in Lendin Disclosures below. You also Disclosures) and on the additional pages of 4 this Contract. You understand and agree that Seller may participate in and receive a portion of the Finance Charge. The Annual Percentage Rate may be negotiable with Us. Year and Make Model Color Vehicle Identification Number] Odometer Reading Used — 2013 Ford F1s0 BLACK Eee) _| 124,446 TRUTH IN LENDING DISCLOSURES MSiace INANCE CHARGE The dollar amount Amount Financed The amount of credit Total of Payments The amount You will Total Sale Price The total cost of Your purchase on credit, including Your The cost of Your the credit will cost provided to You or on have paid after You have credit as a yearly You. Your behalf. made all payments as down payment of rate. scheduled $4,000.00 is 23.99% $18,713.22 $ 24,388.23 $43,101.45 $47,101.45 Payment Schedule: Your payment schedule will be No. of Payments ‘Amount of Payments When Payments Are Due $ $ 63 $ 684.15 Monthly, beginning May 26, 2023 Security: You are giving a security interest in the goods or Vehicle being purchased Late Charge: If any part of ap ‘ment is more than 110 days late, You will be charged $10 or 59 of amount of the installment in ny a te 5 exqeed $30. G C lefadttywifchever is gr P; ‘epaymnent1f ee You pay arly, You maybe ‘Additional Inforntation: Please read tl iso ie itlecrtor ab patel fe Phatelchee.» ctforany A tional infomation about non in full before the scheduled date, and prepayment refunds and penalties. fren as | {default ane ay required Tep |N Al Lo LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS NOT INCLUDED. Allmotorists are required to be covered by anautomobile liability lic’ 3with legally prescribed liability limits, whichis not included in the insurance listed herein, i any, Failure to obtain fi ability insurance in legally prescribed amounts may result penalties, including suspension or revoc: ation of driving privileges in St PROPERTY INSURANCE: You must insure the Vehicle securin: this Contract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH ANYONE YOU CHOOSE WHOIS REA: ONABLY ACCEPTABLE TO US, as more fully described on page 3. 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 OBTAINE! PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ARBITRATION: This Contract contains an Arbitration Clause that states You and We may elect to resolve any dis} ute by arbitration and not by court action. See the Arbitration Clause on Page 6 of this Contract for the full tems and conditions o' the agreement to arbitrate. By initialing below, you confirm that you have read, understand and agree to the terms and conditions in the Arbitration Clause. & Buyer's Initials, ee Buyer's Initials USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PAR’ EOF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALI Guia para compradores de vehiculos usados. La informacion que ve en el formulario de la ventanilla para este vehiculo forma parte del presente Eontrato- Latniormadon del ormularo ee av ontrato. La informacion del formulario de Ta Ventanilla deja sin efecto toda disposicion en contrario contenida en el contrato deventa. ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE ARBITRATION CLAUSE SET FORT! HE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE. INCORPORATED HEREIN BY REFEREN LOUISIANA CREDIT ACCEPTANCE CORPORATION (07-2022) => Buyer's initials (a © 2012-2022 Credit Acceptance Corporation. PAGE 1 of 6 All Rights Reserved. The original retail installment contract is assigned lo Credit Acceptance Corporation. Buyer's Initials ‘This copy was created on 04/26/2023 Copy of Electronic Original Not required to mail or fax this copy to Credit Acceptance = ITEMIZATION OF AMOUNT FINANCED Cash Price (including accessories and improvements to the Vehicle)........ $_22,495.00 (1) Sales Tax.. $_ 2,350.73(2) Down Payment Calculatio Cash Down Payment 4,000 0 (A) Deferred DownPayment. N/A (B) Trade-In Description: Gross Trade-In . N/A (C) Make: N/A Model: N/A Payoff Made by Seller $. N/A (D) Net Trade-In (Ifnegative number, insert “O" in line 3(E) and itemize difference in 5(H) below) (C-D).... N/A (E) Trade-In Description: Gross Trade-In . $. N/A (F) Make: N/A Model: N/A Payoff Made by Seller $. N/A _(G) Net Trade-In (If negative number, insert “O" in line 3(H) and itemize difference in 5(M) below) (F-G) N/A(H) Other: Manufacturers Rebate. N/A(l) Total Down Payment (A+B+E+H#l) $4,000.00 (3) Unpaid Balance of Cash Price (1 + 2minus 3).... $20,845.73(4) Other Charges Including Amounts Paid to Others on Your Behalf: *(NOTICE: A portion of these charges may be paid to or retained by Us.) Cost of Required Property Insurance Paid to Insurance Company*..... o $. N/A(A) Cost of Optional Extended Warranty or Service Contract Paid to the Company named belo\ W'S 2,03 9(B) Cost of Fees Paid to Public Officials for Perfecting or Filing a Security Interest. 15 00(C) Cost of Fees Paid to Public Officials for Cer ificate of Title, License and Registratior 201 5°() Documentation Fee Paid to Seller. 425 00(E) Convenience Fee Paid to CONVEN: O(F) Notary Fee Paid to NOTARY FEE 15 90/6) Other Charges (Seller must identify who will receive payment and describe purpose)" toN/A for lien or lease payoff... N/A(H) to Phoenix American Administrators, Inc for Optional GAP Protectior 83 o(l) toN/A forN/A N/AW) K. toN/A forN/A N/A(K) L. toN/A forN/A N/A(L) M. toN/A for lien or lease payoff. N/A (M) feb EC RONIC. ORIG na 6Heese) ints +849 50.6) fanci ANB 96X09 (6) OPTIONAL EXTENDED WARRANTY OR SERVICE CONTRACT: Although You are not required to purchase an optional extended warranty or service contract as a condition of purchasing this Vehicle on credit, by signing below You are indicating that You voluntarily elect to buy an optional extended warranty or service contract covering the repair of certain major mechanical breakdowns of the Vehicle and related expenses. Refer to the optional extended warranty or service contract for details about coverage and duration. Sag Price $2,033.00 Term: 24,000 Miles/24 Mos. Company: Wynn's Extended Care, Inc. Anthony West senna 04/26/2023 Buyer's Signature Date Buyer's Signature Date GAP PROTECTION: Optional Guaranteed Auto Protection (GAP) is not required to obtain credit. GAP protection will not be provided und en this Contract unless You sign for it below and agree to pay the additional cost shown below and on Line 51 of the ITEMIZATION O! IN’ FINANCED. You may obtain optional GAP prote« ction from a person of Your choice that is authorized to sell such coverage and is acceptable to Us. The GAP contract issued by the provider of the protection will describe the terms and conditions of coverage in further detail. If You want GAP protection, sign below. Sop - § 835.00 Ten: 63 Mos. Provider: Phoenix American Administrators ind. SS Hathany We 04/26/2023 Buyers Signature Date Buyer's Signature Date Notice to the Buyer. 1. Do not sign this Contract before You read it or if it contains any blank spaces. 2. You are entitled to an exact copy of the Contract You sign. 3. Keep it to protect Your legal rights. The Seller may assign this Contract and participate in the Finance Charge associated with the sale. 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. ~~ Buyer's Signature:x. vs Buyer's Signature: x, ‘Seller; TURBO MOTORS INC By: | Brady Butler . Title: AGENT This Contract is signed by the Seller and Buyer(s) hereto this. 26th day of_April ‘ 2023 LOUISIANA CREDIT ACCEPTANCE CORPORATION (07-2022) © 2012-2022 Credit Acceptance Corporation. PAGE 2 of 6 All Rights Reserved. The original retail installment contract is assigned to Credit Acceptance Corporation. This copy was created on 04/26/2023 Copy of Electronic Original Not required to mail or fax this copy to Credit Acceptance ADDITIONAL TERMS AND CONDITIONS Securit § Interest. You give Us a security interest in: 1). The Vehicle and all parts or joods installed in it; 2). All money or goods received (proceeds) for the Vehicle, 3). All 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 f premiums). Our security interest secures payment of all You owe on this Contract and in any transfer, renewal, extension or assignment of this Contract. Our security interest 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 ayment 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 char: ge equal to 5% of the amount of the check or like instrument not to exceed $15 (or such other amount permitted by applicable law) for anj y check or like instrument given by You to Us that is returned by Your bank because of insufficient funds. 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. 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 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 or liens 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. Youwill promptly provide Us with any additional personal or financial information concerning You or any information about the Vehicle that Wemay reasonably request from time to time. - You will immediately notify Us if You change Your name or address. Prepayment. You have the right to prepa) Your account balance in full or in part at any time. You may be entitled to a refund credit of part of the pre-com uted finance charge. 5 his credit will be calculated in accordance with the actuarial method. We prepayment charge efore makin: ig this calculation, unless more than one-half of the term of this Contract has elapsed. 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 will retain a $25 We will apply the it to You. We will not credit or refund amounts ooless than $1.00. tes - infrou ep) make due i\ alportiog Bate wil, all payments on time until adv ‘our obli jation under t is payments may be less than the schedules amount due. lange=rel ne a inipe=u ee icColne dard mi Contractis paid in pal full. If tt You Ge rep fiedain bet m tNpely lake a partial prepay! . ‘our last payment or Your | Required Insurance. You must insure Yourself and Us for the term of this Contract against loss of, and physical damage to, the Vehicle with f apolic) in Your name that i I is acceptable to Us. We have the right to approve the amount and type of insurance. In the event of loss or damage to the Vel licle, We may require additior D nal security or assurance of payment before We allow insurance proceeds to be used to repair or replace the Vehicle. You agree that if the insurance proceeds do not cover the amounts You still owe Us, You wil ay the difference. You m: urchase or provide the insurance through any insurance company reasonably acceptable to Us. You will keep he insurance in full force and effect until this Contract is paid in full. fi Ifthe Vehicle is lost or damaged, You agree that We can use an insurance settlement either to rey air the Vehicle or apply to Your account balance. If applied to Your account balance, the insurance settlement proceeds that do not pay ‘our obligation in full under this Contract willbe applied as a partial payment. Ye Optional Maintenance, Service or Other Contracts. This Contract may contain charges for optional maintenance, service, warranty or other 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 to reduce what You owe or repair the Vehicle. If the Vehicle is a total loss because it is confiscated, damaged or stolen, We may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what You owe. Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If an’ charge for required insurance is returned to Us, it may be credited to Your account in accordance with the Prepayment section of this Contract Any refund on optional 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 itis 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 al ble immediately at any time without notice to You, unless We are required by law to provide You with such notice, and subject to any rig! Contract, In figuring what You owe, , We will give You a refund of part of the Finance Charge figured the same ‘ouas may have to reinstate the if You had prepaid Your hey obligation under this Contract in full. Sia LOUISIANA CREDIT ACCEPTANCE CORPORATION (07-2022) > Buyers Initials © 2012-2022 Credit Acceptance Corporation. PAGE 3 of 6 All Rights Reserved. ‘The original retail installment contract is assigned to Credit Acceptance Corporation. Buyer's Initials This copy was created on 04/26/2023 Copy of Electronic Original Not required to mail or fax this copy to Credit Acceptance AVVITIONAL TERMS ANU GUNVITIUNS Servicing and Collection Contacts. You agree that we may try to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and automatic telephone dialing systems, as the law allows, You also agree that we may try to contact you in these and other ways at any address or telephone number you provide us, even if the telephone number is a cell phone number or the contact results in a charge to you. Collection Costs. If You default, You agree to pay all the out-of-pocket collection costs and expenses We incur to collect this debt and realize on any security. You also agree to pay such additional collection costs and expenses that may be authorized by law, including Our reasonable collection/enforcement attorney fees in an amount not to exceed 25% of the total amount payable under this Contract. Conversion. If two or more of installment payments or parts thereof are in default for ten days or more, upon written notice to You, We may elect to convert this pre-computed transaction into a simple interest transaction. Remedies. If You are in default of this Contract, We have, subject to any right to cure that You may exercise, all of the remedies provided by law and this Contract: - We may require You to immediately pay Us, subject to any refund required by law, the remaining unpaid balance of the amount financed, finance charges and all other agreed charges. We may pay taxes, assessments, or other liens or make repairs to the Vehicle if You have not done so. We are not required to do so. Any amount We pay will be due immediately. This amount will earn finance charges from the date paid at the post-maturity rate described in the INTEREST AFTER MATURITY section until paid in full. We niey sell the Vehicle, as provided by law, if the Vehicle is in our possession or if You voluntarily deliver or surrender the Vehicle to We may, if allowed by law, use Louisiana's ordinary or executory process foreclosure procedures, without the necessity of demanding payment from You or notifying You or placing You in default, cause the Vehicle to be immediately seized and sold. - We may, if allowed by law, keep the Vehicle to satisfy Your obligations under this Contract. - We may, if allowed by law, sue You for additional amounts if the proceeds of a sale do not pay all of the amounts You owe Us. By choosing any one or more of these remedies, We do not waive Our right to later use another remedy. By deciding not to use any remedy, We do not give up Our right to consider the event a default if it happens again, You agree that if any notice is required to be given to You of an intended sale or transfer of the Vehicle, notice is reasonable if mailed to Your last known address, as reflected in our records, in a reasonable period before the date of the intended sale or transfer (or such other period of time as is required by law). et Additional Default Remedies. If You fail to pay two or more consecutive payments on the due date, We may, if allowed by law, have CS CT nae the right to obtain possession and dispose of the Vehicle in accordance with the provisions of the Additional Default Remedies Act and Uniform Commercial Code. Louisiana law permits repossession of motor vehicles without judicial process. te e ORGINAL i riKe f Le fi | ‘Of appraisal’ et x ch ided uhder icl e 3k exten’ ouisiang Ci favor, ther Taws withr jard toa P| isal upon ficial Sale i The notice of seizure provided under Article 2293 of the Louisiana Code of Civil Procedure; - The 3 days delay provided under Articles 2331 and 2722 of the Louisiana Code of Civil Procedure; - All other provisions provided under Articles 2331, 2721, 2722 and 2723 of the Louisiana Code of Civil Procedure and all other Articles not specifically mentioned above. You agree that, in the event the Vehicle is seized as an incident to an action to enforce this Contract, We may serve as keeper, or appoint a keeper of the Vehicle at the time the seizure is effected. Any personal items found in the Vehicle will be sold along with the Vehicle. Delay in Enforcing Rights and Changes of this Contract. We can delay or refrain from enforcing any of Our rights under this Contract without losing them. For example, We can extend the time for making some payments without extending others. Any change in the terms of this Contract must be in writing and signed by Us. No oral changes are binding. If any part of this Contract is not valid, all other parts will remain enforceable. 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. Interest After Maturity. You further agree to pay interest at the rate of 6% or 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 the highest rate permitted by applicable law. State of Contracting. This Contract shall be deemed to have been made and entered into by the parties at the Seller's address shown on page 1. LOUISIANA CREDIT ACCEPTANCE CORPORATION (07-2022) E> Buyer's Initials [#2] © 2012-2022 Credit Acceptance Corporation. PAGE 4 of 6 All Rights Reserved. The original retail installment contract is assigned to Credit Acceptance Corporation. Buyer's Initials This copy was created on 04/26/2023 Copy of Electronic Original Not required to mail or fax this copy to Credit Acceptance ADDITIONAL TERMS AND CONDITIONS Waiver. To the extent permitted by applicable law, You agree to give up Your rights to require Us to do certain things. We are not required to: (1) demand payments of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time or manner; or, (3) give notice that We intend to make, or are making, this Contract immediately due. Governing Law. The rights and duties of the parties, and any claims arising out of or related to this Contract, are governed under the laws of the State of Louisiana except to the extent preempted by applicable federal law. Specifically, this Contract is subject to the Louisiana Motor Vehicle Sales Finance Act if the Vehicle is to be used primarily for personal, family or household (consumer) purposes, and to La. R.S. §9:3509 if the Vehicle is to be used primarily for business, commercial, or agricultural purposes. Credit Sale Conditioned on Seller’s Obtaining Credit Acceptance Corporation’s Agreement to Accept Assignment. The following provisions apply to the extent that Your credit sale of the Vehicle is conditioned upon Seller obtaining Credit Acceptance Corporation's (“Credit Acceptance”) agreement to accept assignment of this Contract: 1) Your credit purchase of theVehicle and this Contract shall be null and void and without effect should Credit Acceptance not agree to accept assignment of this Contract within twenty- five (25) days of the date that You accept delivery of the Vehicle. This provision does not apply should Credit Acceptance accept the assi ignment of this Contract after twenty-five (25) days. 2) Seller is prohibited from selling Your trade-in vehicle until the con ional sale is complete. 3) If Credit Acceptance does not agree to accept assignment of this Contract, Seller will immediately return to You all amounts that You have paid Seller with respect to Your credit purchase, and You will not be charged anything. However, You remain responsible for any damages to the Vehicle while in Your custody, to the extent provided by law. 4) You understand and unconditionally agree to return the Vehicle to Seller within forty-eight (48) hours of notification that the conditional sale will not be completed. ASSIGNMENT FOR VALUE RECEIVED, Seller hereby to the Vehicle described herein, to CR assigns and transfers all Seller's DIT ACCEPTANCE CO!ORPORATI i to and in accordance with the terms and conditions set/4 SN t, title and interest in and to this Contract, and in and “Assignee"), its successors and assigns, pursuant tween Seller an Assignee in effect on the date hereof. Seller gives Assignee full pow either in As: “sname OF i ler’s name, to take all actions which Seller could have taken under this Contract. In order to in duce Assignee to accept assignment of this Contract, Seller represents and warrants to Assignee as set forth in the existing dealer r agreement. NOTICE OF ASSIGNMENT: The Seller has assigned this Contract to Credit Acceptance Corporation in accordance with the terms and conditions set forth below on 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. 36rOR ¥-OF ELECTRONIC ORIGINAL LOUISIANA CREDIT ACCEPTANCE CORPORATION (07-2022) E> Buyer's Initials © 2012-2022 Credit Acceptance Corporation. PAGE 5 of 6 All Rights Reserved. The original retail installment contract is assigned to Credit Acceptance Corporation. Buyer's Initials This copy was created on 04/26/2023 Copy of Electronic Original Not required to mail or fax this co PY fogredit Acceptance ARBILRALION C: This Arbitration Clause describes how a Dispute (as defined below) may be arbitrated. Arbitration is a method of resolvin gne or more neutral persons, instead of having a trial in court in front of a judge and/or jury. In this Arbitration Clause, tes in front of “Us" mean Seller and/or Seller's assignee (including, without limitation, Credit Acceptance Corp eration) or their employees, assignees, or any third party providi any goods or services in connection with the origination, servicing and collection of amounts due under the Contract if such third party are Is nami ed as a party between You and Us. "You" and “Your’ means each juyer named above. Your Right to Reject: If You don’t want this Arbitration Clause to Michigan 48086- 70 a written rejection notice that describes the A rejection notice is only effective if it is signed by all buye Cont , You may reject it by mailing Us at P.O. Box 5070, Southfield, r ‘act and tells Us that You are rejecting this Arbitration Clause. o-buyers and cosigners and the envelo; sent in has a post mark of 30 days or less after the date of this Contract. If You reject this Arbitration iause, the rejection notice is 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 arising out of or in an any default under this Contract, the collection of amounts due under this Contract, th way related to this Contract, including, but not limited to, e purchase, sale, delivery, set-up, quality of the Vehicle, advertising for the Vehicle orits 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 law: s, Statutes, ordinances or regulations or any other legal or equitable theories. Notwithstanding the foregoin: “Dispute” does not iinclude any vindividual action brought by ‘ou in small claims court or Your state's equivalent court, unless such action is ‘i a nsferred, removed or appealed to a different court. “Dispute” does not include any repossession of the Vehicle upon Your default and any exercise of the power of sale of the Vehicle under this Contract or any indivi idual action by Youto pi re) from using any such remed , 80 fong as