Preview
PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (ame. Slate Bar number, and address): FOR COURT USE ONLY
Robert Scott Kennard, S.B.
NELSON & KENNARD Pile | No. 18-03853-0 E-FILED
5011 Dudley Blvd, Bldg 250, Bay G, 7/12/2019 1:16 PM
McClellan, CA 95652
P.O. Box 13807 Superior Court of California
Sacramento, CA 95853 County of Fresno
TELEPHONE NO: (916) 920-2295 FAX NO. (Optional) (916) 920-0682 By: B. Edison, Deputy
E-MAIL ADDRESS (Option)
ATTORNEY FOR (Name): FORD MOTOR CREDIT COMPANY LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS: 1011 5TH Street
MAILING ADDRESS:
CITY AND ZIP CODE: Clovis, CA 93612
BRANCH NAME: CLOVIS DIVISION --.LIMITED CIVIL CASE
FORD MOTOR CREDIT COMPANY LLC
PLAINTIFF:
DEFENDANT: JOHN Z BAZAN ,
[ X] DOES
1 TO 10
CONTRACT
[X] COMPLAINT [ ] AMENDED COMPLAINT (Number)
[ ] CROSS-COMPLAINT [ ] AMENDED CROSS-COMPLAINT (Number).
Jurisdiction (check all that apply). CASE NUMBER:
[X] ACTION IS A LIMITED CIVIL CASE
Amount demanded [X ] does not exceed $10,000
[ ]exceeds $10,000 but does not exceed $25,000 19CECLO6800
{ ] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
[ ] ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
[ ] from limited to unlimited
[ ] from unlimited to limited
Plaintiff" (name or names). FORD MOTOR CREDIT COMPANY LLC
alleges causes of action against defendant*(name or names). JOHN Z BAZAN , , DOES 1 to 10
2 This pleading, including attachments and exhibits, consists of the following number of pages: 5, plus exhibits
Each plaintiff named above is a competent adult
3. a. Each plai ‘iff named above is a competent adult
[ X ] except plaintiff (name): FORD MOTOR CREDIT COMPANY LLC
a corporation qualified to do business in California
[ ] an unincorporated entity (describe):
[X] other (specify): a limited liability company
b.[ ] Plaintiff (name):
has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
Bt | has complied with all licensing requirements as a licensed (specify):
c.[ ] Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
a. Each defendant named above is a natural person
[ ] arent defendant (name): [ ] except defendant (name):
(1) [ ] a business organization, form unknown ) [ ]a business organization, form unknown
Bt | a corporation
an unincorporated entity (describe): é
(2) [ ] a corporation
3) ] an unincorporated entity (describe):
(4) [ ] a public entity (describe): (4) [ ] a public entity (describe):
(5) [ ] other (specify): (5) [ ] other (specify):
“If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2
Form Approved for Optional Use Code of Civil Procedure, > 425.12
Judicial Council of Califomia COMPLAINT—Contract www courtinto.ca.gov
PLD-C-001 (Rev. January 1, 2007]
PLD-C-001
SHORT TITLE: CASE NUMBER:
FORD MOTOR CREDIT COMPANY LLC v. JOHN Z BAZAN, et al.
4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) [X] Doe defendants (specify Doe numbers): 1_- 5 were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) [X] Doe defendants (specify Doe numbers): 6 — 10 are persons whose capacities are unknown to
plaintiff.
c. [ ] Information about additional defendants who are not natural persons is contained in Attachment 4c.
d.[ ] Defendants who are joined under Code of Civil Procedure section 382 are (names):
[ ] Plaintiff is required to comply with a claims statute, and
a.[ ] plaintiff has complied with applicable claims statutes, or
b.[ ] plaintiff is excused from complying because (specify):
[X ] This action is subject to [ ] Civil Code section 1812.10 [ X ] Civil Code section 2984.4.
This court is the proper court because
a.[X ] a defendant entered into the contract here.
b.[ ] a defendant lived here when the contract was entered into.
c. [X] a defendant lives here now.
df ] the contract was to be performed here.
e.[ ] a defendant is a corporation or unincorporated association and its principal place of business is here.
f. [ ] real property that is the subject of this action is located here.
g.[ ] other (specify):
The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):
[ X] Breach of Contract
[X] Common Counts
[ ] Other (specify):
9. [ X ] Other allegations: Prior to commencement of this action, the Defendants were informed in
writing that if an action were commenced, the Plaintiff may recover its reasonable
attorney's fees and court costs, where allowed by law, in addition to the principal and
interest otherwise owed.
10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. [X] damages of$ 8,377.43
b. [X ]interest on the damages
(1) [ ] according to proof
(2) [X] at the rate of (specify): 10.000 percent per year from (date): 2/06/18
c. [ X] attorney fees
(1) [ ]of$
(2) [ X] according to proof.
d. [ X ]other (specify): attorney fees pursuant to Civil Code Section 1717.
Tl
11.[ ] The parag) of this pleading alleged on information and belief as follows (specify paragraph numbers):
Dated: t
ROBERT SCOTT KENNARD <
(TYPE OR PRINT NAME) (SIGNATURE OMPLAINTIFF OR ATTORNEY)
(If you wish to verify this pleading, affix a verification.)
PLD-C-001 [Rev. January 1, 2007] COMPLAINT - Contract Page 2 of 2
PLD-C-001(1)
‘SHORT TITLE: CASE NUMBER:
FORD MOTOR CREDIT COMPANY LLC v. JOHN Z BAZAN, et al.
FIRST CAUSE OF ACTION — Breach of Contract
(number)
ATTACHMENT
TO [X] Complaint [ ] Cross-Complaint
(Use a separate cause of action form for each cause of action.)
BC-1, Plaintiff (name): FORD MOTOR CREDIT COMPANY LLC
alleges that on or about (date): 4/25/16
a [X] written [ ]oral [ ] other (specify):
agreement was made between (name parties to agreement): Plaintiff's assignor and Defendant(s)
JOHN Z BAZAN ,
[X] A copy of the agreement is attached as Exhibit A and
[ X ] The essential terms of the agreement [ ] are stated in Attachment BC-1 [X ] are as follows (specify):
The above-referenced agreement .has been assigned to Plaintiff who is, and at all
times herein mentioned was, the holder thereof and lawful owner of the vehicle which is
the subject of the agreement.
BC-2. On or about (dates): 7/10/17
defendant breached the agreement by [ ] the acts specified in Attachment BC-2 [X] the following acts
(specify):
Defendants failed to make the monthly installments due pursuant to the terms of the
agreement. The vehicle was repossessed or surrendered on 12/12/17. Prior to disposing
of the vehicle, Plaintiff duly gave all notices required of it to be given in
accordance with applicable law.
BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or
excused from performing.
BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
[ ] as stated in Attachment BC-4 [X ] as follows (specify):
After deducting from the unpaid balance owed at the time of default all credits
due Defendants including, but not limited to, unearned finance charges, security
deposit, insurance proceeds, etc., if any, and after adding Plaintiff's costs of
repossession and sale, if any, there now remains due and owing from Defendants to
Plaintiff the sum of $8,377.43 together with interest thereon at the rate of 10.000%
from 2/06/18.
BC-5. [ X ] Plaintiff is entitled to attorney fees by an agreement or a statute
[]of$
[ X] according to proof
BC-6.[ X ] Other: attorney fees pursuant to Civil Code Section 1717.
Page Three
Page 1 of 1
Form Approved for Optional Use CAUSE OF ACTION - Breach of Contract Code of Civil Procedure, § 425.12
Judicial Council of California www.courtinfo.ca.gov
PLD-C-001(1) [Rev. January 1, 2009]
PLD-C-001(2;
SHORT TITLE: CASE NUMBER:
FORD MOTOR CREDIT COMPANY LLC v. JOHN Z BAZAN, et al.
SECOND CAUSE OF ACTION—Common Counts
(number)
ATTACHMENT
TO ‘[X] Complaint [ ] Cross-Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): FORD MOTOR CREDIT COMPANY LLC
alleges that defendant (name): JOHN Z BAZAN ,
became indebted to [X ] plaintiff [ ] other (name):
a. [X ] within the last four years
(1) [X] on an open book account for money due.
(2) [X ] because an account was stated in writing by and between plaintiff and defendant in which it
was agreed that defendant was indebted to plaintiff.
b. [ X] within the last [ ]two years [X] four years
ML ] for money had and received by defendant for the use and benefit of plaintiff.
(2)[ ] for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff
[ ] the sum of $
] the reasonable value.
(3) [X] for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
[X] the sum of $ 8,377.43
[ ]the reasonable value.
(4) [ ] for money lent by plaintiff to defendant at defendant's request.
(5)[ ] for money paid, laid out, and expended to or for defendant at defendant's special instance and
request.
(6)[ ] other (specify):
CC-2.$ 8,377.43 whichis the reasonable value, is due and unpaid despite plaintiff's demand,
plus prejudgment interest [ ] according to proof [X]attherate of 10.000 percent per year
from (date): 2/06/18
CC-3. [ X ] Plaintiff is entitled to attorney fees by an agreement or a statute
[ Jof$
[ X] according to proof
CC.4.[ X ] Other: attorney fees pursuant to Civil Code Section 1717..
Page Four
Page 1 of 1
Form Approved for Optional Use CAUSE OF ACTION - Common Counts Code of Civil Procedure, § 425.12
Judicial Council of California www.courtinfo.ca.gov
PLD-C-001(2) [Rev. January 1, 2009]
Page _Five
VERIFICATION
I, ROBERT SCOTT KENNARD, declare:
I am an attorney at law duly admitted and licensed to practice before all courts of the State of
California and I have my professional office at 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, Sacramento
County, California.
lam the attorney of record for Plaintiff in the above entitled matter.
Said Plaintiff is absent from the county in which I have my office and for that reason I am making this
verification on their behalf.
Ihave read the foregoing documents and know the contents thereof.
Venue lies properly with this court because Defendant either resides in this judicial district at the time
this action is commenced or the contract was in fact signed by the Defendant in this judicial district.
As to all other matters, I am informed and believe that the matters stated therein are true, and on that
ground, I allege that the matters stated therein are true.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and
correct.
Executed on ) I, | f . at McClellan) California.
ROBERT SCOTY KENNARD
EXHIBIT
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CALIFORNIA MOTOR VEHICLE LEASE AGREEMENT
www.fordcredit.com
E> | FORD CREDIT
1-800-727-7000
Lease Date 04/25/2016
Lessee (and Co-Lessee) - Name and Address (including County):
JOHN Z BAZAN
13381 S. MARKS AVE
Caruthers, CA 93609 FRESNO.
NIA
Lessor - Name and Address:
FUTURE FORD INC
920 WEST SHAW AVENUE
CLOVIS, CA 93612
“Finance Company” is Ford Motor Credit Company . The "Holder" is CAB West LLC. and its
assigns. By signing "You" (Lessee and Co-Lessee) agree to lease this Vehicle according to the terms in this lease and the terms of the WearCare
Addendum if it is attached to this lease.
New/Used/Demo| Mileage at Delivery Year/Make/Model Vehicle 1D # Vehicle Use
New 24 2016 Ford Fusion 3FA6POHD9GR386687 Personal
THERE IS NO COOLING OFF PERIOD
California law does not provide for a “cooling off" or other cancellation period for Vehicle leases. Therefore, You cannot later cancel this
lease simply because You change Your mind, decided the Vehicle costs too much, or wish You had acquired a different Vehicle. You may
cancel this lease only with the agreement of the Lessor or for legal cause, such as fraud.
Agreement to Arbitrate: By signing below You agree that, pursuant to the. Arbitration provision on page 6 of this lease, You or we may resolve any
dispute by neutral, binding arbitration and not by a court action. See the Arbitration provision for any additional information concerning the agreement
to arbitrate.
Buyer Signs XA sho
Co-Buyer Signs xA NIA
19002-P-e FEB 15 Page 4 of 7
~
1. Amount Due At 2. Monthly Payments. 3. Other Charges 7 Total of Payments
Lease Signing or (not part of Your monthly payment) (The amount You will have
Your first monthly payment of $. 263.92
Delivery aid by the end of the
(Itemized Below) * is due on _ 04/25/2016 _ followed by __35 Disposition Fee (if You do lease)
not purchase the Vehicle) N/A
payment of $ 263.92 due on the _ 25th
N/A N/A
day of each month. The total of Your monthly NIA NIA
$. "11,487.20
payment is $ 2
$__2,250.00 Total $. N/A
* Itemization of Amount Due at Lease Signing or Delivery
5. Amounts Due At Lease Signing or Delivery:
a. Capitalized cost reduction $ 1,478.86
263.92
6. How the Amount Due At Lease Signing or Delivery will be pai
a. Net trade-in allowance Ni
b. First monthly payment 2,250.00
b. Rebates and noncash credits
c. Refundable security deposit NIA
c. Amount to be paid in cash NIA
d. Title fees N/A d. N/A N/A
e. Registration fees 263.00
f. California tire fee 7.00
g. Acquisition Fee NIA
h. Upfront taxes 128.22 Total $ 2,250.00
i. Electronic Vehicle Registration or Transfer
Charge (not a governmental fee) 29.00
, Document Processing Charge
80.00
(not a governmental fee)
N/A NIA
NIA N/A
NIA N/A
NIA NIA
N/A N/A
N/A NIA
q- NIA N/A
N/A NIA
NIA NIA
N/A NIA
Total $ 2,250.00
7. Your monthly payment is determined as shown below:
Gross capitalized cost. The agreed upon value of the Vehicle (3. 23,342.00) and any items You pay over the lease term
(such as service contracts, insurance, and any outstanding prior credit or lease balance) (See Item 11)*.... 23,987.00
Capitalized cost reduction. The amount of any net trade-in allowance, rebate, noncash credit, or cash that You pay that
reduces the gross capitalized cost... 1,478.86
c. Adjusted capitalized cost. The amount used in calculating Your base monthly payment 22,508.14
Residual value. The value of the Vehicle at the end of the lease used in calculating Your base monthly payment... 13,864.35
Depreciation and any amortized amounts. The amount charged for the Vehicle's decline in value through normal use and
for other items paid over the lease term. 8,643.79
Rent charge. The amount charged in addition to the depreciation and any amortized amounts.. 135.17
Total of base monthly payments. The depreciation and any amortized amounts plus the rent charg 8,778.96
Lease payments. The number of payments in Your lease. 36
Base monthly payment 243.86
Monthly sales / use ta 20.06
Total montly payment. 263.92
Lease term in months. 36
Early Termination. You may have to pay a substantial charge if You end this lease early. uy sveral
The actual charge will depend on when the lease Is terminated. The earller You end the lease, the greater this charge is likely to be.
8. Excess Wear and Use. You may be charged for excessive wear based on our standards for normal use. At the scheduled end of this lease, unless
You purchase the Vehicle, You must pay to Lessor $0.15 per mile for each mile in excess of miles shown on the odometer.
See Items 21 and 24 and the WearCare Addendum if it is attached to this lease for additional excess wear and use terms.
9. Extra Mileage Option Credit. At the scheduled end of this lease, You will receive a credit of $0.N/A per unused mile for the number of
unused miles between and miles, less any amounts You owe under this lease. You will not receive any credit if
the Vehicle is destroyed, if You terminate Your lease early, exercise any purchase option, are in default or the credit is less than $1.00.
10. Purchase Option at End of Lease Term $. 1 35 plus official fees and taxes Is Your lease end purchase option price. You have
the option to purchase the Vehicle from a party designated by Holder for the purchase option price plus a purchase option fee of $ .08 at
the end of this lease term if You are not in default.
Other Important Terms. See Your lease documents for additional information on early termination, purchase option and maintenance responsibilities,
warranties, late and default charges, insurance, and any security interests, if applicable.
19002-P-e FEB 15 Page 2017
ve
#41. {temization of Gross Capitalized Cost
Agreed Upon Value of the Vehicle Agreed Upon Value of NIA Agreed Upon Value of NA Agreed Upon Value of N/A
As Equipped at the Time of Signing Lessor Agrees to Add to the Vehicle Lessor Agrees to Add to the Vehicle Lessor Agrees to Add to the Vehicle
the Lease After Signing the Lease After Signing the Lease After Signing the Lease
$ 23,342.00 +$ N/A +$ N/A +$ NIA
Agreed Upon Value of NA Agreed Upon Value of NA Agreed Upon Value of WA Agreed Upon Value of NA
Lessor Agrees to Add to the Vehicle Lessor Agrees to Add to the Vehicle Lessor Agrees to Add to the Vehicle Lessor Agrees to Add to the Vehicle
After Signing the Lease After Signing the Lease After Signing the Lease After Signing the Lease
+$ NIA +$ NIA +$ N/A +$ NIA
Sales/Use Tax & Other Title Fees License & Lessor Services Acquisition Fee
Applicable Taxes Registration Fees
+$ N/A +$ NIA +$ N/A +$ N/A +$ 645.00
Document Processing Outstanding Prior Credit or WearCare Agreed Upon Value Agreed Upon Value
Charge Lease Balance of N/A of
(not a governmental fee)
+$ NIA +$ NIA +$ NIA +$ NIA +$ NIA
Electronic Vehicle
Registration NIA NIA NIA NIA
or Transfer Charge
(not governmental fee)
+$ NIA +$ N/A +$ NIA +$ NIA +$ N/A
NIA N/A N/A NIA NIA
+$ N/A +$ N/A +$ N/A +$ N/A +$ N/A
Total Gross
N/A N/A NIA NIA Capitalized Cost
+$ NIA +$ NIA +$ NIA +$ N/A =$ 23,987.00
12. WARRANTY The Vehicle is covered by any warranty indicated 14. This lease contract was negotiated primarily in the
below: language marked: nglis|
Standard new Vehicle warranty provided by the manufacturer or Spanish Chinese Tagalog
distributor of the Vehicle Korean Vietnamese Other
CNa
15. LESSOR SERVICES. NIA
If the Vehicle is of a type normally used for personal use and the (See Item 20) NIA
Lessor, or the Vehicle's manufacturer, extends a written warranty or
service contract covering the Vehicle within 90 days from the date 46. LATE PAYMENTS You will pay a late charge on each payment that
of this lease, You get implied warranties of merchantability and is not received within 10 days after it is due. The charge is 7.5% of the
fitness for a particular purpose covering the Vehicle. Otherwise, full amount of the scheduled payment or $50.00 whichever is less.
You understand and agree that there are no such implied
warranties, except as otherwise required by state law. 17. VEHICLE INSURANCE MINIMUMS. You must insure the Vehicle
13. OFFICIAL FEES AND TAXES $ 1,646.38 during this lease. This insurance must be acceptable to Finance
The estimated total amount You will pay for official and license fees, Company and protect You and Holder with (a) comprehensive fire and
registration, title and taxes over the term of Your lease, whether included theft insurance with a maximum deductible amount of $1,000; and (b)
with Your monthly payments or assessed otherwise. The actual total of collision and upset insurance with a maximum deductible of $1,000; and
fees and taxes may be higher or lower depending on the tax rates in (c) automobile liability insurance with minimum limits for bodily injury or
effect or the value of the leased property at the time a fee or tax is death of $ 15,000.00 for any one person and $_ 30,000.00 for
assessed. any one accident, and $__5,000.00 for property damage.
19002-P-e FEB 15 Page 3 of 7
te -
18. Description of Vehicle or Other N/A Agreed Upon Gross Value: NIA
Property Trade-In: Year/Make/Model or Other Property Description See Item 6, for net trade-in allowance
NIA
Trade-In, Turn-in and other Individualized Agreements
py. XB : NIA sy: XB NIA
Lessee Co-Lessee
VEHICLE MAINTENANCE, INSURANCE AND USE
19. VEHICLE USE AND SUBLEASING You will not use, or permit others If You have not had the repairs made before the Vehicle is returned
to use the Vehicle (a) in violation of any law, (b) contrary to the at the scheduled end of this lease, You will pay the estimated costs
provisions of any insurance policies covering the Vehicle, (c) outside of such repairs, even if the repairs are not made prior to Holder's sale
the state where first titled or registered for more than 30 days without of the Vehicle.
Finance Company's written consent, (d) outside the United States, 22. VEHICLE INSURANCE If the state in which You title/register the
except for less than 30 days in Canada or Mexico or (e) as a private Vehicle establishes or changes the minimum automobile liability
or public carrier. You will keep this lease and Vehicle free of all liens insurance limits greater than those listed in Section 17, "Vehicle
and encumbrances. You will not assign or sublease any interest in Insurance Minimums," for bodily injury or death and property damage
the Vehicle or lease without Finance Company's written consent. insurance, You must insure the Vehicle and the Holder at the higher
20. VEHICLE MAINTENANCE AND OPERATING COSTS Proper minimum limits established by the state. These amounts may not be
Vehicle maintenance is Your responsibility. You must maintain and sufficient to cover all Your liabiliti You may wish to consult
service the Vehicle at Your own expense, using materials that meet Your insurance advisor about obt ing additional coverage. You
the manufacturer's specifications. This includes following the owner's will list the loss payee and additional insured as requested by Lessor.
manual and maintenance schedule, documenting maintenance You must give Finance Company evidence of this insurance.
perforined, and making all needed repairs. You are also responsible You authorize Finance Company, on Your behalf, to receive and
for all operating costs such as gas and oil. Lessor will provide the endorse checks or drafts, and settle or release any claim under the
service(s), if any, identified in the Lessor Services section under the insurance related to Holder's ownership of the Vehicle. You also
terms of a separate agreement. The manufacturer will invalidate assign to Holder any other insurance proceeds related to this lease or
warranty coverage on parts affected by a failure to maintain the Holder's interest in the Vehicle.
Vehicle as required by the manufacturer. (See Lessor Services, Item If you or Finance Company obtain a refund for amounts paid to third
15) parties for insurance, service contracts, or any other amount paid to a
third party included in the Gross Capitalized Cost of this lease, You
21 DAMAGE REPAIR You are responsible for repairs of All Damage must pay to the Holder the entire amount of the refund and You
which are not a result of normal wear and-use. These repairs include, authorize the Holder to subtract the refund from the amount You owe
but are not limited to, those necessary to return the Vehicle to its pre- under this lease.
accident condition, including repairs to Exterior Sheet Metal, Plastic LESSOR IS NOT PROVIDING VEHICLE
Components, and to Vehicle Safety Systems, including air bag, INSURANCE OR LIABILITY INSURANCE
seat belt and bumper system components. Replacement of Sheet
Metal must be made with Original Equipment Manufacturer Sheet If you title/register the Vehicle in, or change the garage location of the
Metal. All other repairs must be made with Original Equipment Vehicle to a state where Finance Company has established minimum
Manufacturer parts. Discuss this requirement with Your insurance automobile liability insurance limits greater than those listed in this
company prior to signing a collision repair estimate or before lease for bodily injury or death and property damage insurance, You
authorizing any collision repair work, must insure the Vehicle and the Holder at the higher minimum limits
established by Finance Company.
ENDING YOUR LEASE
23, TERMINATION This lease will terminate (end) upon (a) the end of the (f) All Damage which would be covered by collision or comprehensive
term of this lease, (b) the return of the Vehicle to Lessor or another insurance whether or not such insurance is actually in force.
place designated by Finance Company, and (c) the payment by You Replacement of Sheet Metal and all other repairs must be made with
of all amounts owed under this lease. Finance Company may cancel Original Equipment Manufacturer parts. Your use or repair of the
this lease if You default. Vehicle must not invalidate any warranty. If You have not had the
repairs made before the Vehicle is returned at the scheduled end of
24, STANDARDS FOR EXCESS WEAR AND USE You are responsible
this lease, You will pay the estimated costs of such repairs, even if the
for all repairs to the Vehicle that are not the result of normal wear and
use. These repairs include, but are not limited to those necessary to
repairs are not made prior to Holder's sale of the Vehicle. You will
maintain the Odometer of the Vehicle so that it always reflects the
repair or replace: (a) Tires that have sidewall damage/plugs, exposed Vehicle's actual mileage. If the odometer is at any time inoperative,
cords/belts, or are unmatched for Vehicle or unsafe; (b) Electrical or
You will provide us with reasonable evidence of the Vehicle's actual
Mechanical defects or malfunctions; (c) Glass, Paint, Body Panels,
mileage at vehicle return. If you are unable to do so, You will pay us
Trim and Grill Work that are broken, mismatched, chipped,
our estimate of any reduction of the Vehicle's wholesale value caused
scratched, pitted, cracked, or if applicable, dented; (d) Interior rips,
by the inability to determine the Vehicle's actual mileage.
stains, burns, or damaged areas; (e) Replacement of any missing
equipment or parts that were in or on the vehicle when delivered; and
19002-P-e FEB 15 Page 4 of 7
we wee eee
25, RETURN OF VEHICLE if You do not buy the Vehicle at lease end, designated by Holder at any time for a purchase price that cannot
You must return it to Lessor unless Finance Company designates exceed the following: (a) past due payments at the time of the
another place. Upon return of the Vehicle, You must pay the purchase, plus (b) all other amounts then due under the lease (except
Disposition Fee shown in this lease in Section 3, "Other Charges." If, excess wear and use and mileage charges), plus (c) any other
upon termination of the lease, You enter into a lease agreement or charges, including the purchase option fee in Section 10, "Purchase
retail installment contract for a new vehicle which is assigned to or Option at End of Lease Term", connected to the early termination and
administered by Finance Company, You will not be required to pay purchase, plus (d) the Unpaid Adjusted Capitalized Cost. You may
the Disposition Fee. If You fail to return the Vehicle, You must also be charged for any taxes and other charges incidental to the
continue to pay the monthly payments plus other damages to sale. Payment of the purchase price will satisfy Your liabilities under
Finance Company, including amounts payable under default. this lease.
Payment of these amounts will not allow You to keep the Vehicle. Unpaid Adjusted Capitalized Cost is reduced on each payment due
date. It is calculated by reducing the Adjusted Capitalized Cost each
26. YOUR ODOMETER OBLIGATIONS Federal law requires You to month by the difference between the Base Monthly Payment and the
complete a statement of the Vehicle's mileage at the end of this lease. part of the Rent Charges earned in that month on an actuarial basis.
You may be fined and/or imprisoned if you do not complete the Rent Charges are earned when due. Lessor or Finance Company will
disclosure or if you make a false statement. provide You with a written explanation of the actuarial method upon
Your request.
27. VOLUNTARY EARLY TERMINATION AND RETURN OF THE Fair Market Wholesale Value, at’ Your option, will be: (a) an amount!
VEHICLE You may terminate this lease early by returning the Vehicle agreed to by You and Finance Company, or (b) the value which could
to Lessor, unless Finance Company designates another place, and be realized at the wholesale sale of the Vehicle, as determined by a
paying the following: (a) the difference, if any, between the Unpaid professional appraisal obtained by You at Your expense from an
Adjusted Capitalized Cost and the Vehicle's Fair Market Wholesale independent third party agreeable to Finance Company at least 3 days
Value, plus (b) all other amounts then due under this lease, plus (c) prior to any scheduled sale date of the Vehicle, or (c) if not established
the Disposition Fee shown in this lease in Section 3, "Other Charges." by agreement or appraisal, the net amount received by Finance
You will never pay more than the sum of the remaining payments, Company, Holder or its designated intermediary upon the sale of the
plus any excess wear and use and mileage charges, and all other Vehicle at wholesale.
amounts then due under this lease. Please contact Finance Company at the telephone number or website
VOLUNTARY EARLY TERMINATION AND PURCHASE OF THE listed in this lease if You have any questions regarding terminating
VEHICLE You may purchase the Vehicle from Lessor or a party Your lease.
DEFAULT AND LOSS OF VEHICLE
28. DEFAULT You will be in default if (a) You fail to make any payment | 29. LOSS OR DESTRUCTION OF VEHICLE If the Vehicle is stolen or
when due, or (b) a bankruptcy petition is filed by or against You, or (c) destroyed, You will pay to Finance Company: (a) the Unpaid Adjusted
any governmental authority seizes the Vehicle and does not promptly Capitalized Cost, plus (b) all other amounts then due under this
and unconditionally release the Vehicle to You, or (d) You have lease, minus (c) any insurance proceeds received by Finance
provided false or misleading materia! information when applying for Company. Gap Waiver: If You had in effect the insurance required
this lease, or (e) You fail to keep any other agreement in this lease. under this lease and Finance Company receives the full proceeds,
You will pay to Finance Company: (a) any past due monthly lease
If You are in default, and You
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PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (ame. Slate Bar number, and address): FOR COURT USE ONLY Robert Scott Kennard, S.B. NELSON & KENNARD Pile | No. 18-03853-0 E-FILED 5011 Dudley Blvd, Bldg 250, Bay G, 7/12/2019 1:16 PM McClellan, CA 95652 P.O. Box 13807 Superior Court of California Sacramento, CA 95853 County of Fresno TELEPHONE NO: (916) 920-2295 FAX NO. (Optional) (916) 920-0682 By: B. Edison, Deputy E-MAIL ADDRESS (Option) ATTORNEY FOR (Name): FORD MOTOR CREDIT COMPANY LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO STREET ADDRESS: 1011 5TH Street MAILING ADDRESS: CITY AND ZIP CODE: Clovis, CA 93612 BRANCH NAME: CLOVIS DIVISION --.LIMITED CIVIL CASE FORD MOTOR CREDIT COMPANY LLC PLAINTIFF: DEFENDANT: JOHN Z BAZAN , [ X] DOES 1 TO 10 CONTRACT [X] COMPLAINT [ ] AMENDED COMPLAINT (Number) [ ] CROSS-COMPLAINT [ ] AMENDED CROSS-COMPLAINT (Number). Jurisdiction (check all that apply). CASE NUMBER: [X] ACTION IS A LIMITED CIVIL CASE Amount demanded [X ] does not exceed $10,000 [ ]exceeds $10,000 but does not exceed $25,000 19CECLO6800 { ] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) [ ] ACTION IS RECLASSIFIED by this amended complaint or cross-complaint [ ] from limited to unlimited [ ] from unlimited to limited Plaintiff" (name or names). FORD MOTOR CREDIT COMPANY LLC alleges causes of action against defendant*(name or names). JOHN Z BAZAN , , DOES 1 to 10 2 This pleading, including attachments and exhibits, consists of the following number of pages: 5, plus exhibits Each plaintiff named above is a competent adult 3. a. Each plai ‘iff named above is a competent adult [ X ] except plaintiff (name): FORD MOTOR CREDIT COMPANY LLC a corporation qualified to do business in California [ ] an unincorporated entity (describe): [X] other (specify): a limited liability company b.[ ] Plaintiff (name): has complied with the fictitious business name laws and is doing business under the fictitious name (specify): Bt | has complied with all licensing requirements as a licensed (specify): c.[ ] Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. a. Each defendant named above is a natural person [ ] arent defendant (name): [ ] except defendant (name): (1) [ ] a business organization, form unknown ) [ ]a business organization, form unknown Bt | a corporation an unincorporated entity (describe): é (2) [ ] a corporation 3) ] an unincorporated entity (describe): (4) [ ] a public entity (describe): (4) [ ] a public entity (describe): (5) [ ] other (specify): (5) [ ] other (specify): “If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use Code of Civil Procedure, > 425.12 Judicial Council of Califomia COMPLAINT—Contract www courtinto.ca.gov PLD-C-001 (Rev. January 1, 2007] PLD-C-001 SHORT TITLE: CASE NUMBER: FORD MOTOR CREDIT COMPANY LLC v. JOHN Z BAZAN, et al. 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) [X] Doe defendants (specify Doe numbers): 1_- 5 were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) [X] Doe defendants (specify Doe numbers): 6 — 10 are persons whose capacities are unknown to plaintiff. c. [ ] Information about additional defendants who are not natural persons is contained in Attachment 4c. d.[ ] Defendants who are joined under Code of Civil Procedure section 382 are (names): [ ] Plaintiff is required to comply with a claims statute, and a.[ ] plaintiff has complied with applicable claims statutes, or b.[ ] plaintiff is excused from complying because (specify): [X ] This action is subject to [ ] Civil Code section 1812.10 [ X ] Civil Code section 2984.4. This court is the proper court because a.[X ] a defendant entered into the contract here. b.[ ] a defendant lived here when the contract was entered into. c. [X] a defendant lives here now. df ] the contract was to be performed here. e.[ ] a defendant is a corporation or unincorporated association and its principal place of business is here. f. [ ] real property that is the subject of this action is located here. g.[ ] other (specify): The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): [ X] Breach of Contract [X] Common Counts [ ] Other (specify): 9. [ X ] Other allegations: Prior to commencement of this action, the Defendants were informed in writing that if an action were commenced, the Plaintiff may recover its reasonable attorney's fees and court costs, where allowed by law, in addition to the principal and interest otherwise owed. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. [X] damages of$ 8,377.43 b. [X ]interest on the damages (1) [ ] according to proof (2) [X] at the rate of (specify): 10.000 percent per year from (date): 2/06/18 c. [ X] attorney fees (1) [ ]of$ (2) [ X] according to proof. d. [ X ]other (specify): attorney fees pursuant to Civil Code Section 1717. Tl 11.[ ] The parag) of this pleading alleged on information and belief as follows (specify paragraph numbers): Dated: t ROBERT SCOTT KENNARD < (TYPE OR PRINT NAME) (SIGNATURE OMPLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLD-C-001 [Rev. January 1, 2007] COMPLAINT - Contract Page 2 of 2 PLD-C-001(1) ‘SHORT TITLE: CASE NUMBER: FORD MOTOR CREDIT COMPANY LLC v. JOHN Z BAZAN, et al. FIRST CAUSE OF ACTION — Breach of Contract (number) ATTACHMENT TO [X] Complaint [ ] Cross-Complaint (Use a separate cause of action form for each cause of action.) BC-1, Plaintiff (name): FORD MOTOR CREDIT COMPANY LLC alleges that on or about (date): 4/25/16 a [X] written [ ]oral [ ] other (specify): agreement was made between (name parties to agreement): Plaintiff's assignor and Defendant(s) JOHN Z BAZAN , [X] A copy of the agreement is attached as Exhibit A and [ X ] The essential terms of the agreement [ ] are stated in Attachment BC-1 [X ] are as follows (specify): The above-referenced agreement .has been assigned to Plaintiff who is, and at all times herein mentioned was, the holder thereof and lawful owner of the vehicle which is the subject of the agreement. BC-2. On or about (dates): 7/10/17 defendant breached the agreement by [ ] the acts specified in Attachment BC-2 [X] the following acts (specify): Defendants failed to make the monthly installments due pursuant to the terms of the agreement. The vehicle was repossessed or surrendered on 12/12/17. Prior to disposing of the vehicle, Plaintiff duly gave all notices required of it to be given in accordance with applicable law. BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused from performing. BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement [ ] as stated in Attachment BC-4 [X ] as follows (specify): After deducting from the unpaid balance owed at the time of default all credits due Defendants including, but not limited to, unearned finance charges, security deposit, insurance proceeds, etc., if any, and after adding Plaintiff's costs of repossession and sale, if any, there now remains due and owing from Defendants to Plaintiff the sum of $8,377.43 together with interest thereon at the rate of 10.000% from 2/06/18. BC-5. [ X ] Plaintiff is entitled to attorney fees by an agreement or a statute []of$ [ X] according to proof BC-6.[ X ] Other: attorney fees pursuant to Civil Code Section 1717. Page Three Page 1 of 1 Form Approved for Optional Use CAUSE OF ACTION - Breach of Contract Code of Civil Procedure, § 425.12 Judicial Council of California www.courtinfo.ca.gov PLD-C-001(1) [Rev. January 1, 2009] PLD-C-001(2; SHORT TITLE: CASE NUMBER: FORD MOTOR CREDIT COMPANY LLC v. JOHN Z BAZAN, et al. SECOND CAUSE OF ACTION—Common Counts (number) ATTACHMENT TO ‘[X] Complaint [ ] Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): FORD MOTOR CREDIT COMPANY LLC alleges that defendant (name): JOHN Z BAZAN , became indebted to [X ] plaintiff [ ] other (name): a. [X ] within the last four years (1) [X] on an open book account for money due. (2) [X ] because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. [ X] within the last [ ]two years [X] four years ML ] for money had and received by defendant for the use and benefit of plaintiff. (2)[ ] for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff [ ] the sum of $ ] the reasonable value. (3) [X] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [X] the sum of $ 8,377.43 [ ]the reasonable value. (4) [ ] for money lent by plaintiff to defendant at defendant's request. (5)[ ] for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6)[ ] other (specify): CC-2.$ 8,377.43 whichis the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest [ ] according to proof [X]attherate of 10.000 percent per year from (date): 2/06/18 CC-3. [ X ] Plaintiff is entitled to attorney fees by an agreement or a statute [ Jof$ [ X] according to proof CC.4.[ X ] Other: attorney fees pursuant to Civil Code Section 1717.. Page Four Page 1 of 1 Form Approved for Optional Use CAUSE OF ACTION - Common Counts Code of Civil Procedure, § 425.12 Judicial Council of California www.courtinfo.ca.gov PLD-C-001(2) [Rev. January 1, 2009] Page _Five VERIFICATION I, ROBERT SCOTT KENNARD, declare: I am an attorney at law duly admitted and licensed to practice before all courts of the State of California and I have my professional office at 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, Sacramento County, California. lam the attorney of record for Plaintiff in the above entitled matter. Said Plaintiff is absent from the county in which I have my office and for that reason I am making this verification on their behalf. Ihave read the foregoing documents and know the contents thereof. Venue lies properly with this court because Defendant either resides in this judicial district at the time this action is commenced or the contract was in fact signed by the Defendant in this judicial district. As to all other matters, I am informed and believe that the matters stated therein are true, and on that ground, I allege that the matters stated therein are true. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Executed on ) I, | f . at McClellan) California. ROBERT SCOTY KENNARD EXHIBIT te CALIFORNIA MOTOR VEHICLE LEASE AGREEMENT www.fordcredit.com E> | FORD CREDIT 1-800-727-7000 Lease Date 04/25/2016 Lessee (and Co-Lessee) - Name and Address (including County): JOHN Z BAZAN 13381 S. MARKS AVE Caruthers, CA 93609 FRESNO. NIA Lessor - Name and Address: FUTURE FORD INC 920 WEST SHAW AVENUE CLOVIS, CA 93612 “Finance Company” is Ford Motor Credit Company . The "Holder" is CAB West LLC. and its assigns. By signing "You" (Lessee and Co-Lessee) agree to lease this Vehicle according to the terms in this lease and the terms of the WearCare Addendum if it is attached to this lease. New/Used/Demo| Mileage at Delivery Year/Make/Model Vehicle 1D # Vehicle Use New 24 2016 Ford Fusion 3FA6POHD9GR386687 Personal THERE IS NO COOLING OFF PERIOD California law does not provide for a “cooling off" or other cancellation period for Vehicle leases. Therefore, You cannot later cancel this lease simply because You change Your mind, decided the Vehicle costs too much, or wish You had acquired a different Vehicle. You may cancel this lease only with the agreement of the Lessor or for legal cause, such as fraud. Agreement to Arbitrate: By signing below You agree that, pursuant to the. Arbitration provision on page 6 of this lease, You or we may resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration provision for any additional information concerning the agreement to arbitrate. Buyer Signs XA sho Co-Buyer Signs xA NIA 19002-P-e FEB 15 Page 4 of 7 ~ 1. Amount Due At 2. Monthly Payments. 3. Other Charges 7 Total of Payments Lease Signing or (not part of Your monthly payment) (The amount You will have Your first monthly payment of $. 263.92 Delivery aid by the end of the (Itemized Below) * is due on _ 04/25/2016 _ followed by __35 Disposition Fee (if You do lease) not purchase the Vehicle) N/A payment of $ 263.92 due on the _ 25th N/A N/A day of each month. The total of Your monthly NIA NIA $. "11,487.20 payment is $ 2 $__2,250.00 Total $. N/A * Itemization of Amount Due at Lease Signing or Delivery 5. Amounts Due At Lease Signing or Delivery: a. Capitalized cost reduction $ 1,478.86 263.92 6. How the Amount Due At Lease Signing or Delivery will be pai a. Net trade-in allowance Ni b. First monthly payment 2,250.00 b. Rebates and noncash credits c. Refundable security deposit NIA c. Amount to be paid in cash NIA d. Title fees N/A d. N/A N/A e. Registration fees 263.00 f. California tire fee 7.00 g. Acquisition Fee NIA h. Upfront taxes 128.22 Total $ 2,250.00 i. Electronic Vehicle Registration or Transfer Charge (not a governmental fee) 29.00 , Document Processing Charge 80.00 (not a governmental fee) N/A NIA NIA N/A NIA N/A NIA NIA N/A N/A N/A NIA q- NIA N/A N/A NIA NIA NIA N/A NIA Total $ 2,250.00 7. Your monthly payment is determined as shown below: Gross capitalized cost. The agreed upon value of the Vehicle (3. 23,342.00) and any items You pay over the lease term (such as service contracts, insurance, and any outstanding prior credit or lease balance) (See Item 11)*.... 23,987.00 Capitalized cost reduction. The amount of any net trade-in allowance, rebate, noncash credit, or cash that You pay that reduces the gross capitalized cost... 1,478.86 c. Adjusted capitalized cost. The amount used in calculating Your base monthly payment 22,508.14 Residual value. The value of the Vehicle at the end of the lease used in calculating Your base monthly payment... 13,864.35 Depreciation and any amortized amounts. The amount charged for the Vehicle's decline in value through normal use and for other items paid over the lease term. 8,643.79 Rent charge. The amount charged in addition to the depreciation and any amortized amounts.. 135.17 Total of base monthly payments. The depreciation and any amortized amounts plus the rent charg 8,778.96 Lease payments. The number of payments in Your lease. 36 Base monthly payment 243.86 Monthly sales / use ta 20.06 Total montly payment. 263.92 Lease term in months. 36 Early Termination. You may have to pay a substantial charge if You end this lease early. uy sveral The actual charge will depend on when the lease Is terminated. The earller You end the lease, the greater this charge is likely to be. 8. Excess Wear and Use. You may be charged for excessive wear based on our standards for normal use. At the scheduled end of this lease, unless You purchase the Vehicle, You must pay to Lessor $0.15 per mile for each mile in excess of miles shown on the odometer. See Items 21 and 24 and the WearCare Addendum if it is attached to this lease for additional excess wear and use terms. 9. Extra Mileage Option Credit. At the scheduled end of this lease, You will receive a credit of $0.N/A per unused mile for the number of unused miles between and miles, less any amounts You owe under this lease. You will not receive any credit if the Vehicle is destroyed, if You terminate Your lease early, exercise any purchase option, are in default or the credit is less than $1.00. 10. Purchase Option at End of Lease Term $. 1 35 plus official fees and taxes Is Your lease end purchase option price. You have the option to purchase the Vehicle from a party designated by Holder for the purchase option price plus a purchase option fee of $ .08 at the end of this lease term if You are not in default. Other Important Terms. See Your lease documents for additional information on early termination, purchase option and maintenance responsibilities, warranties, late and default charges, insurance, and any security interests, if applicable. 19002-P-e FEB 15 Page 2017 ve #41. {temization of Gross Capitalized Cost Agreed Upon Value of the Vehicle Agreed Upon Value of NIA Agreed Upon Value of NA Agreed Upon Value of N/A As Equipped at the Time of Signing Lessor Agrees to Add to the Vehicle Lessor Agrees to Add to the Vehicle Lessor Agrees to Add to the Vehicle the Lease After Signing the Lease After Signing the Lease After Signing the Lease $ 23,342.00 +$ N/A +$ N/A +$ NIA Agreed Upon Value of NA Agreed Upon Value of NA Agreed Upon Value of WA Agreed Upon Value of NA Lessor Agrees to Add to the Vehicle Lessor Agrees to Add to the Vehicle Lessor Agrees to Add to the Vehicle Lessor Agrees to Add to the Vehicle After Signing the Lease After Signing the Lease After Signing the Lease After Signing the Lease +$ NIA +$ NIA +$ N/A +$ NIA Sales/Use Tax & Other Title Fees License & Lessor Services Acquisition Fee Applicable Taxes Registration Fees +$ N/A +$ NIA +$ N/A +$ N/A +$ 645.00 Document Processing Outstanding Prior Credit or WearCare Agreed Upon Value Agreed Upon Value Charge Lease Balance of N/A of (not a governmental fee) +$ NIA +$ NIA +$ NIA +$ NIA +$ NIA Electronic Vehicle Registration NIA NIA NIA NIA or Transfer Charge (not governmental fee) +$ NIA +$ N/A +$ NIA +$ NIA +$ N/A NIA N/A N/A NIA NIA +$ N/A +$ N/A +$ N/A +$ N/A +$ N/A Total Gross N/A N/A NIA NIA Capitalized Cost +$ NIA +$ NIA +$ NIA +$ N/A =$ 23,987.00 12. WARRANTY The Vehicle is covered by any warranty indicated 14. This lease contract was negotiated primarily in the below: language marked: nglis| Standard new Vehicle warranty provided by the manufacturer or Spanish Chinese Tagalog distributor of the Vehicle Korean Vietnamese Other CNa 15. LESSOR SERVICES. NIA If the Vehicle is of a type normally used for personal use and the (See Item 20) NIA Lessor, or the Vehicle's manufacturer, extends a written warranty or service contract covering the Vehicle within 90 days from the date 46. LATE PAYMENTS You will pay a late charge on each payment that of this lease, You get implied warranties of merchantability and is not received within 10 days after it is due. The charge is 7.5% of the fitness for a particular purpose covering the Vehicle. Otherwise, full amount of the scheduled payment or $50.00 whichever is less. You understand and agree that there are no such implied warranties, except as otherwise required by state law. 17. VEHICLE INSURANCE MINIMUMS. You must insure the Vehicle 13. OFFICIAL FEES AND TAXES $ 1,646.38 during this lease. This insurance must be acceptable to Finance The estimated total amount You will pay for official and license fees, Company and protect You and Holder with (a) comprehensive fire and registration, title and taxes over the term of Your lease, whether included theft insurance with a maximum deductible amount of $1,000; and (b) with Your monthly payments or assessed otherwise. The actual total of collision and upset insurance with a maximum deductible of $1,000; and fees and taxes may be higher or lower depending on the tax rates in (c) automobile liability insurance with minimum limits for bodily injury or effect or the value of the leased property at the time a fee or tax is death of $ 15,000.00 for any one person and $_ 30,000.00 for assessed. any one accident, and $__5,000.00 for property damage. 19002-P-e FEB 15 Page 3 of 7 te - 18. Description of Vehicle or Other N/A Agreed Upon Gross Value: NIA Property Trade-In: Year/Make/Model or Other Property Description See Item 6, for net trade-in allowance NIA Trade-In, Turn-in and other Individualized Agreements py. XB : NIA sy: XB NIA Lessee Co-Lessee VEHICLE MAINTENANCE, INSURANCE AND USE 19. VEHICLE USE AND SUBLEASING You will not use, or permit others If You have not had the repairs made before the Vehicle is returned to use the Vehicle (a) in violation of any law, (b) contrary to the at the scheduled end of this lease, You will pay the estimated costs provisions of any insurance policies covering the Vehicle, (c) outside of such repairs, even if the repairs are not made prior to Holder's sale the state where first titled or registered for more than 30 days without of the Vehicle. Finance Company's written consent, (d) outside the United States, 22. VEHICLE INSURANCE If the state in which You title/register the except for less than 30 days in Canada or Mexico or (e) as a private Vehicle establishes or changes the minimum automobile liability or public carrier. You will keep this lease and Vehicle free of all liens insurance limits greater than those listed in Section 17, "Vehicle and encumbrances. You will not assign or sublease any interest in Insurance Minimums," for bodily injury or death and property damage the Vehicle or lease without Finance Company's written consent. insurance, You must insure the Vehicle and the Holder at the higher 20. VEHICLE MAINTENANCE AND OPERATING COSTS Proper minimum limits established by the state. These amounts may not be Vehicle maintenance is Your responsibility. You must maintain and sufficient to cover all Your liabiliti You may wish to consult service the Vehicle at Your own expense, using materials that meet Your insurance advisor about obt ing additional coverage. You the manufacturer's specifications. This includes following the owner's will list the loss payee and additional insured as requested by Lessor. manual and maintenance schedule, documenting maintenance You must give Finance Company evidence of this insurance. perforined, and making all needed repairs. You are also responsible You authorize Finance Company, on Your behalf, to receive and for all operating costs such as gas and oil. Lessor will provide the endorse checks or drafts, and settle or release any claim under the service(s), if any, identified in the Lessor Services section under the insurance related to Holder's ownership of the Vehicle. You also terms of a separate agreement. The manufacturer will invalidate assign to Holder any other insurance proceeds related to this lease or warranty coverage on parts affected by a failure to maintain the Holder's interest in the Vehicle. Vehicle as required by the manufacturer. (See Lessor Services, Item If you or Finance Company obtain a refund for amounts paid to third 15) parties for insurance, service contracts, or any other amount paid to a third party included in the Gross Capitalized Cost of this lease, You 21 DAMAGE REPAIR You are responsible for repairs of All Damage must pay to the Holder the entire amount of the refund and You which are not a result of normal wear and-use. These repairs include, authorize the Holder to subtract the refund from the amount You owe but are not limited to, those necessary to return the Vehicle to its pre- under this lease. accident condition, including repairs to Exterior Sheet Metal, Plastic LESSOR IS NOT PROVIDING VEHICLE Components, and to Vehicle Safety Systems, including air bag, INSURANCE OR LIABILITY INSURANCE seat belt and bumper system components. Replacement of Sheet Metal must be made with Original Equipment Manufacturer Sheet If you title/register the Vehicle in, or change the garage location of the Metal. All other repairs must be made with Original Equipment Vehicle to a state where Finance Company has established minimum Manufacturer parts. Discuss this requirement with Your insurance automobile liability insurance limits greater than those listed in this company prior to signing a collision repair estimate or before lease for bodily injury or death and property damage insurance, You authorizing any collision repair work, must insure the Vehicle and the Holder at the higher minimum limits established by Finance Company. ENDING YOUR LEASE 23, TERMINATION This lease will terminate (end) upon (a) the end of the (f) All Damage which would be covered by collision or comprehensive term of this lease, (b) the return of the Vehicle to Lessor or another insurance whether or not such insurance is actually in force. place designated by Finance Company, and (c) the payment by You Replacement of Sheet Metal and all other repairs must be made with of all amounts owed under this lease. Finance Company may cancel Original Equipment Manufacturer parts. Your use or repair of the this lease if You default. Vehicle must not invalidate any warranty. If You have not had the repairs made before the Vehicle is returned at the scheduled end of 24, STANDARDS FOR EXCESS WEAR AND USE You are responsible this lease, You will pay the estimated costs of such repairs, even if the for all repairs to the Vehicle that are not the result of normal wear and use. These repairs include, but are not limited to those necessary to repairs are not made prior to Holder's sale of the Vehicle. You will maintain the Odometer of the Vehicle so that it always reflects the repair or replace: (a) Tires that have sidewall damage/plugs, exposed Vehicle's actual mileage. If the odometer is at any time inoperative, cords/belts, or are unmatched for Vehicle or unsafe; (b) Electrical or You will provide us with reasonable evidence of the Vehicle's actual Mechanical defects or malfunctions; (c) Glass, Paint, Body Panels, mileage at vehicle return. If you are unable to do so, You will pay us Trim and Grill Work that are broken, mismatched, chipped, our estimate of any reduction of the Vehicle's wholesale value caused scratched, pitted, cracked, or if applicable, dented; (d) Interior rips, by the inability to determine the Vehicle's actual mileage. stains, burns, or damaged areas; (e) Replacement of any missing equipment or parts that were in or on the vehicle when delivered; and 19002-P-e FEB 15 Page 4 of 7 we wee eee 25, RETURN OF VEHICLE if You do not buy the Vehicle at lease end, designated by Holder at any time for a purchase price that cannot You must return it to Lessor unless Finance Company designates exceed the following: (a) past due payments at the time of the another place. Upon return of the Vehicle, You must pay the purchase, plus (b) all other amounts then due under the lease (except Disposition Fee shown in this lease in Section 3, "Other Charges." If, excess wear and use and mileage charges), plus (c) any other upon termination of the lease, You enter into a lease agreement or charges, including the purchase option fee in Section 10, "Purchase retail installment contract for a new vehicle which is assigned to or Option at End of Lease Term", connected to the early termination and administered by Finance Company, You will not be required to pay purchase, plus (d) the Unpaid Adjusted Capitalized Cost. You may the Disposition Fee. If You fail to return the Vehicle, You must also be charged for any taxes and other charges incidental to the continue to pay the monthly payments plus other damages to sale. Payment of the purchase price will satisfy Your liabilities under Finance Company, including amounts payable under default. this lease. Payment of these amounts will not allow You to keep the Vehicle. Unpaid Adjusted Capitalized Cost is reduced on each payment due date. It is calculated by reducing the Adjusted Capitalized Cost each 26. YOUR ODOMETER OBLIGATIONS Federal law requires You to month by the difference between the Base Monthly Payment and the complete a statement of the Vehicle's mileage at the end of this lease. part of the Rent Charges earned in that month on an actuarial basis. You may be fined and/or imprisoned if you do not complete the Rent Charges are earned when due. Lessor or Finance Company will disclosure or if you make a false statement. provide You with a written explanation of the actuarial method upon Your request. 27. VOLUNTARY EARLY TERMINATION AND RETURN OF THE Fair Market Wholesale Value, at’ Your option, will be: (a) an amount! VEHICLE You may terminate this lease early by returning the Vehicle agreed to by You and Finance Company, or (b) the value which could to Lessor, unless Finance Company designates another place, and be realized at the wholesale sale of the Vehicle, as determined by a paying the following: (a) the difference, if any, between the Unpaid professional appraisal obtained by You at Your expense from an Adjusted Capitalized Cost and the Vehicle's Fair Market Wholesale independent third party agreeable to Finance Company at least 3 days Value, plus (b) all other amounts then due under this lease, plus (c) prior to any scheduled sale date of the Vehicle, or (c) if not established the Disposition Fee shown in this lease in Section 3, "Other Charges." by agreement or appraisal, the net amount received by Finance You will never pay more than the sum of the remaining payments, Company, Holder or its designated intermediary upon the sale of the plus any excess wear and use and mileage charges, and all other Vehicle at wholesale. amounts then due under this lease. Please contact Finance Company at the telephone number or website VOLUNTARY EARLY TERMINATION AND PURCHASE OF THE listed in this lease if You have any questions regarding terminating VEHICLE You may purchase the Vehicle from Lessor or a party Your lease. DEFAULT AND LOSS OF VEHICLE 28. DEFAULT You will be in default if (a) You fail to make any payment | 29. LOSS OR DESTRUCTION OF VEHICLE If the Vehicle is stolen or when due, or (b) a bankruptcy petition is filed by or against You, or (c) destroyed, You will pay to Finance Company: (a) the Unpaid Adjusted any governmental authority seizes the Vehicle and does not promptly Capitalized Cost, plus (b) all other amounts then due under this and unconditionally release the Vehicle to You, or (d) You have lease, minus (c) any insurance proceeds received by Finance provided false or misleading materia! information when applying for Company. Gap Waiver: If You had in effect the insurance required this lease, or (e) You fail to keep any other agreement in this lease. under this lease and Finance Company receives the full proceeds, You will pay to Finance Company: (a) any past due monthly lease If You are in default, and You