Preview
Case Number: COCE-18-000154 Division: 55
Filing # 65991082 E-Filed 01/02/2018 03:02:24 PM
IN THE COUNTY COURT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO:
Razor Capital, LLC,
Plaintiff,
COMPLAINT FOR DAMAGES
vs. ATTORNEY BAR NO: 0597708
STEPHEN FULLER ,
Defendant(s).
}
/
Plaintiff Razor Capital, LLC complains of Defendant(s), STEPHEN FULLER , and
would respectfully show the following:
JURISDICTION
1. This is an action for damages that are within the jurisdictional limits of this court
exclusive of costs and attorney’s fees.
SERVICE
2. Defendant(s) may be served at the address listed on the court summons.
VENUE
3. Venue of this action is proper in the county named above because the
Defendant(s) is/are a resident(s) of this county.
INSTALLMENT CONTRACT DEFICIENCY
4, Defendant entered into a Retail Installment Sale Contract (“the Contract’). A true
copy of the Contract is attached as Exhibit A and incorporated herein by reference as if fully set
forth verbatim.
5. Defendant defaulted on the obligation to make payments due under the Contract.
6. Plaintiff is the assignee of the Contract and is the legal and equitable owner of the
*4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/2/2018 3:02:23 PM.****debt evidenced by the Contract and all rights of the obligee/creditor thereunder, AMERICAN
CREDIT ACCEPTANCE, LLC.
7. Upon Defendant’s default under the Contract Plaintiff's predecessor-in-interest
gave all notices required by the Contract and applicable law, properly accelerated the balance of
principal and accrued and unpaid interest, and demanded payment from Defendant; however,
Defendant did not pay the balance due.
8. Pursuant to the Contract and applicable state law, Plaintiff/ Plaintiff's
predecessor-in-interest took possession of the collateral securing the debt, and disposed of it in a
commercially reasonable manner, after first giving all notices required by the Contract and
applicable law.
9. After applying the net proceeds of the sale to the debt and any other credits, a
deficiency balance of $13,218.54 remains due and owing to Plaintiff.
10. Through its attorneys Plaintiff has demanded that Defendant pay the deficiency
balance, but Defendant did not do so. Plaintiff seeks judgment for the deficiency balance.
CONDITIONS PRECEDENT
ll. Plaintiff has demanded payment from Defendant(s) and notified the Defendant(s)
of the assignment of the subject account, but Defendant(s) has/have not satisfied such demand.
Plaintiff has performed all conditions precedent to the filing of this action, or all such conditions
precedent have occurred.
ATTORNEY’S FEES
12. Pursuant to the terms of the Contract Plaintiff is entitled to recover reasonable
attorney’s fees and court costs for the pursuit of this action. Such amount is subject to
determination by the Court, and Plaintiff requests that the Court award attorney’s fees in theamount that is determined to be reasonable in this action, together with all taxable costs.
WHEREFORE, premises considered, Plaintiff prays that Defendant be summoned to
appear and answer, and that upon final hearing, Plaintiff have judgment against Defendant for:
a.
b.
17-15059
$13,218.54, the Deficiency Balance;
post-judgment interest at the maximum rate allowed by law;
attorney's fees in the amount determined by the Court to be reasonable;
all costs of court; and
all such other and further relief to which Plaintiff may be justly entitled.
Respectfully submitted,
Andreu, Palma, Lavin & Solis, PLLC
Attorneys for Plaintiff
1000 NW 57th Ct., Ste. 400
Miami, FL 33126
Tel. (305) 631-0175
Fax. (305) 631-1816
E-mails: pleadings | @andreupalma.com;jpalma@andreupalma.com
py. 1 Gog £ Padma
Jorge L. Palma, Esq.
FBN 0597708BILL OF SALE AND ASSIGNMENT
American Credit Acceptance, LLC, a limited liability company formed under the
laws of South Carolina with an office at 961 E Main Street, Spartanburg, SC 39302
("Seller") hereby absolutely sells, transfers, assigns, sets-over and conveys to
Security Credit Services, LLC, a limited liability company formed under the laws
of MS with an office at 2653 W Oxford Loop, Oxford, MS 38655, ("Buyer")
without recourse and without representations or warranties, express or implied, of
any type, kind or nature except as set forth in the Agreement (hereinafter defined):
(a) all of Seller's right, title and interest in and to each of the Accounts
identified in the Account Schedule attached hereto as Exhibit A (the "Accounts")
and the other elements of the Account Packages (as defined in the Agreement), and
(b) all principal, interest or other proceeds of any kind with respect to the
Accounts, but excluding any payments or other consideration received by or on
behalf of Seller on or prior to October 21, 2016, with respect to the Accounts.
This Bill of Sale is being executed and delivered pursuant to and in accordance with
the terms and provisions of that certain Purchase and Sale Agreement made and
entered into by and between Seller and Buyer dated October 21, 2016 (the
"Agreement"), The Accounts and Account Packages are defined and described in
the Agreement and are being conveyed hereby subject to the terms, conditions and
provisions set forth in the Agreement.
This Bill of Sale shall be governed by the laws of the State of Mississippi without
regard to the conflicts-of-laws rules thereof.
DATED: October 21, 2016
SELLER:
By: American Credit Acceptance, LLC
Name: Tim MacPhail
Title: Chief Financial Officer
STATE OF SOUTH CAROLINA)
) ss.
COUNTY OF SPARTANBURG )
On October 21, 2016, before me the undersigned officer, personally appeared Tim
MacPhail, who acknowledged him/herself to be the Chief Financial Officer of
American Credit Acceptance, LLC, a South Carolina limited liability company,
signer and sealer of the foregoing instrument, and that he/she as such officer, being
authorized so to do, acknowledged the execution of the same to be his/her free act
and deed as such officer and the free act and deed of said corporation.IN WITNESS WHEREOF, I hereunto set my hand.EXHIBIT B
BILL OF SALE AND ASSIGNMENT
Security Credit Services, LLC, a limited liability company formed under the laws of Mississippi
with an office at 2653 W. Oxford Loop, Oxford, MS 38655 ("Seller") hereby absolutely sells,
transfers, assigns, sets-over and conveys to Razor Capital, LLC, a limited liability company
formed under the laws of Minnesota with an office at 8000 Norman Center Drive, Ste. 860,
Bloomington, MN 55437, ("Buyer") without recourse and without representations or warranties,
express or implied, of any type, kind or nature except as set forth in the Agreement (hereinafter
defined):
(a) all of Seller's right, title and interest in and to each of the Accounts identified in the
Account Schedule attached hereto as Exhibit A (the "Accounts") and the other elements of the
Account Packages (as defined in the Agreement), and
(b) all principal, interest or other proceeds of any kind with respect to the Accounts, but
excluding any payments or other consideration received by or on behalf of Seller on or prior to
October 21, 2016 with respect to the Accounts.
This Bill of Sale is being executed and delivered pursuant to and in accordance with the terms
and provisions of that certain Purchase and Sale Agreement made and entered into by and
between Seller and Buyer dated October 21, 2016 (the "Agreement"). The Accounts and
Account Packages are defined and described in the Agreement and are being conveyed hereby
subject to the terms, conditions and provisions set forth in the Agreement.
This Bill of Sale shall be governed by the laws of the State of Mississippi without regard to the
conflicts-of-laws yules thereof.
DATED: [ (1 >} aol Security Credit Services, LLC:
a
By: one
Name: Kaye Dreifuerst
Title: President
STATE OF WViSsisspp >
SS.
COUNTY OF Lotang hii> )
On ‘9}z'\ 24> before me the undersigned officer, personally appeared Kaye Dreifurst, who
acknowledged herself to be the President of Security Credit Services, LLC, a Mississippi limited
liability company, signer and sealer of the foregoing instrument, and that he/she as such officer,
being authorized so to do, acknowledged the execution of the same to be his/her free act and
deed as such officer and the free act and deed of said corporation.
IN WITNESS WHEREOF, I hereunto set my hands 2
jotary Public
23859287-1American&a?
CREDIT ACCEPTAN
This is to certify that American Credit Acceptance, LLC is successor in interest (directly or
indirectly) to the following companies with respect to certain of our contract(s):
ACA Warehouse Trust |
ACA
ACA, LLC
‘Amereican Credit Acceptance
America Credit Acceptance
American Acceptance
American Credit ACC
American Credit Acceptanc
American Credit Acce
American Credit Acceptance
American Credit Acceptance Corp.
American Credit Acceptance LL
American Credit Acceptance LLC
American Credit Accpt
American Credit Acpt Corp
American Credit Corp
AMERICAN CR ACC
Lea
af
Tim fel!
American Credit Acceptance
Chief Financial Officer
AMERICAN CREDIT ACCE
AMERICAN CREDIT ACCEPT
AMERICAN CREDIT ACCPTNC LLC
AMERICAN CRDT ACPT LLC
AMERICAN CRDT ACCEPTANCE
AMERCN CRDT ACPT
AMERICAN CRDT ACPT LL
AMERICAN CREDIT ACCEPTANCE DBA AUTO
AMERICAN CREDIT ACCEPTANCE DBA AUTOFINAN
Aura Finance
Auto Fin
Auto Finance
Auto Finance National
Auto Finance (a division of ACA)
Auto Financial
Cornerstone Acceptance Corp
Drive Acceptance Corp
Subscribed and sworn before me personally appeared Tim MacPhail, on this wh day of
anders ,2017. Notary Public for the County of Spartanburg, State of South Carolina. My
ee . i
commission expires _“:
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any
AOevo: Mt, “ny
8 AeA415 NW 19TH AVE FT. LAUDERDALECe CE RS CL A ee edEM Primary Borrower FICO Co-Borrower FICO VIN Model Year Amount Financed
CHRYSLER — |ASPEN 17,962.00 | 11/18/2013)EM Original Term First Payment Due Date CurrentAPR Per Dieminterest PaymentFrequency Maturity Date Last Payment Date
12/20/2013 21.95%, 8.257 Monthly 7/20/2019 5/16/2016]El Last Payment Amount Number of Payments Made
9/22/2015 10/20/2015Months Since Charge-Off RepoDate SoldDate RepoSaleAmount C/O Amount Int Due At C/O
1/30/2016 7| 2/24/2016) 3/30/2016 5,500.00 | 15,902.62 1,273.86EI Non-Repo Fees Due AtC/O _ Repo Fees Due At C/O Principal Balance Interest Due Non-RepoFeesDue Repo Fees Due
17,247.76 13,730.62 1,055.22EM Deficiency Balance Post C/O Interest Removed _ Post C/O Non-Repo Fees Removed
14,928.40 1,638.58 13,218.54 [AuctionEM As Of Date Dealer Name OCMC eae Vc oil
8/4/2016 |CARMAX 7104-NOR1 EES ST Tear Co la.) eT eats eee Ra Ra es ee ad
5,049.97American Credit Acceptance
P.O, Box 3628
= American&)
Ww CREOIT ACCEPTANCE
Notice of Our Plan to Sell Property
Date: 02/26/2016
TO PLO R 000074 American Credit Acceptance
STEPHEN D FULLER 961 E. Main St. 2nd Floor
415 NW 19TH AVE
Spartanburg, SC 29302
ooo07t_ FT LAUDERDALE FL 33311 Partandurg
Re: Account No.XXXXXXXXXXXX:;
Retail Installment Sale or Credit Sale Contract dated 11/05/2013 (“Agreement”)
Vehicle: 2008 CHRYSLER 0 es Ye)
We have your Vehicle because you broke promises in our Agreement. (The checked box below applies to you).
Dear STEPHEN D FULLER:
oO We will sell the Vehicle at a public sale. A sale could include a lease or license.
The sale will be held as follows: Date: Time: Place:
You may attend the sale and bring bidders if you want.
We will sell the Vehicle at a private sale sometime after 03/07/2016. A sale could include a lease or
license.
The money we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money
than you owe, you will 1 will not (as checked) still owe us the difference. If we get more money than you
owe, you will get the extra money, unless we must pay it to someone else.
You can get the Vehicle back at any time before we sell it by paying us the full amount you owe (not just the past
due payments), including our expenses. To learn the exact amount you must pay, call us at 866-544-3430.
If you want us to explain to you in writing how we figured the amount that you owe us, you may call us at
866-544-3430 or write us at 961 E. Main St. 2nd Floor, Spartanburg, SC 29302 and request a written
explanation. [We will charge you $0.00 for the explanation if we sent you another written explanation of the
amount you owe in the last six months.]
If you need more information about the sale call us at 866-544-3430 or write us at the address set forth above.
We are sending this notice to the following other people who have an interest in the Vehicle, or who owe money
under your Agreement:
Sincerely,
We may report information about your Account to credit
Todd Trawick, bureaus. Late payments, missed payments, or other defaults
Chief Operation Officer on your Account may be reflected in your credit report.
NOTICE: If you are entitled to the protections of the United States Bankruptcy Code (11 U.S.C. §§ 362; 524)
regarding the subject matter of this letter, the following applies to you: THIS COMMUNICATION IS NOT AN
ATTEMPT TO COLLECT, ASSESS, OR RECOVER A CLAIM IN VIOLATION OF THE BANKRUPTCY CODE
AND IS FOR INFORMATIONAL PURPOSES ONLY.
NOI 4835-5844-5570 09/2008Invoice for 2042369126 Page | of 1
Del Mar Recovery Solutions Invoice Number 59046
CA ea Invoice Date: 02/25/2016
Case Number]
Comp Ref #: m7
Phone: 8666067007
Fax: 7606039080
ATTN: Debtor: | STEPHEN FULLER
American Credit Acceptance Collateral: 08 CHRYSLER ASPEN
961 E Main St, :
Spartanburg SC 29302 V.LN.:
Phone: 877-504-3772 S.S.N.:
Fax: 1-855-854-5664
Date Service Oly Rate Subtotal
02/24/2016 Impound/Bailout/Lien Fees 1 $260.00 $260
Impound Fees $225.00
Overnight Fees $35.00
02/25/2016 Impound Repo Fee 1 $650.00 $650
American Credit Acceptance Account Information
Sales Tax: $0.00
Tax 1D (a Total Due Upon Reciept: $910.00
Please remit payments to: PO Box 131690, Carlsbad, CA 92013
https://www. recovery database.net/top_level_clients/invoice_print HTML.php?invoice ID=... 1/5/2017American Credit Acceptance
961 E. Main St. 2nd Floor
Spartanburg, SC 29302
aoen NYC DCA License #1384435 American
°
42 CREOIT ACCEPTANCE
Explanation of Calculation of Surplus or Deficiency
PU LL peep yyy eed g eggs analy Date: 03/31/2016
200 1 MB 0.439 T3 MAAD296 PL1 S296 000200
STEPHEN D FULLER
415 NW 19TH AVE
co0200 FT LAUDERDALE FL 33311
Re: Account No.XXXXXXXXXXX iii
Retail Installment Sale or Credit Sale Contract dated 11/05/2013 (“Agreement”)
08 CHRYSLER ASPENS Vehicle")
Dear STEPHEN D FULLER:
Please be advised that we disposed of the Vehicle on 03/31/2016. The proceeds of the sale have been applied as explained
below. If you financed a premium for credit insurance under your Agreement, you may be entitled to a refund of any unearned
portion of the premium.
1. Aggregate unpaid balance of Agreement as of 03/30/2016 $17,759.85
2. Rebate of unearned finance charges as of 03/31/2016 if any - $0.00
3a. Earned and unpaid finance charges incurred since 03/31/2016 + $8.40
3b. Accrued and unpaid late fees + $71.28
4. Net balance due (1 minus 2 plus 3a plus 3b) = $17,839.53
5. Gross proceeds from the sale of the Vehicle = $5,500.00
6. Subtotal after deducting proceeds of sale (4 minus 5) = $12,339.53
7. Costs of retaking the Vehicle $1,020.75
8. Costs of storing the Vehicle + $0.00
9. Costs of preparing the Vehicle for sale + $571.80
10. Costs of selling the Vehicle + $115.00
11. Attorneys’ fees and court costs + $0.00
12. Other costs: The sum of all unpaid NSF fees and any other fees + $0.00
outstanding
13. Total Costs (7 through 12) = $1,707.55
14, Credit: Rebate of unearned insurance premiums $0.00
15. Credit: The sum of all warranty rebates applied since 03/30/2016 + $0.00
16. Credit: The sum of all payments and reversals applied since 03/30/2016 + $0.00
17. Total Credits (14 through 16) = $0.00
18. Balance due/surplus after sale (6 plus or minus 13, plus or minus 17) = $14,047.08
(The checked box applies to you).
Deficiency balance for which you are liable and for which demand* is hereby made $14,047.08 **
No deficiency balance is owed because the cash price of the Vehicle was less than the minimum under state law.
Surplus balance remitted to you herewith $. i
Surplus balance paid to a subordinate party $.
“Future debits, credits, charges, finance charges or interest, rebates or other expenses may affect this amount.
OOO®
HC# 4815-3030-2978
(07/2015 ACA v 1.1)oo0200 If you need more information about the transaction call us at 866-544-3430 or write us at 961 E. Main St 2nd
4 Floor Spartanburg, SC 29302.
Sincerely,
We may report information about your Account to credit
bureaus. Late payments, missed payments, or other defaults
SERVICING DEPARTMENT on your Account may be reflected in your credit report.
* NOTICE: If you are entitled to the protections of the United States Bankruptcy Code (11 U.S.C. §§ 362; 524)
regarding the subject matter of this letter, the following applies to you: THIS COMMUNICATION IS NOT AN
ATTEMPT TO COLLECT, ASSESS, OR RECOVER A CLAIM IN VIOLATION OF THE BANKRUPTCY CODE
AND IS FOR INFORMATIONAL PURPOSES ONLY.
HC# 4815-3030-2978
(07/2015 ACA v 1.1)
CARMaxX: RETAIL INSTALLMENT CONTRACT
W this Contract, the words “ your’ mean anyone signing this Contract as a Buyer or
ur" ‘eller or anyone to whom the Seller
Coanecimar Cf radit Cala aete. SEN NSE PU Wey Uy Ue VEG UsStruSst
below for cash cr credit By signing this Contract, you choose to buy the Vehicle on credit
Contract Number SL under the terms and congitions on all pages of this Contract. If there is a Buyer and a Co-
Contract Date _ lov 05, 21 Buyer, you are each individuaily liable to us for any amount due under this Contract
‘arMax Auto Superstores, Inc., 1975 BEAVER RUIN RD., NORCROSS, GA 30071
Setter ___.
Name. Address
Buyer ___ STEPHEN D FULLER, 2796 TWO LAKES Cl, ATLANTA, GA ‘30549 err
Name ‘Address Zip Code
Co-Buyer oe 7
Name Address Zip Code
—
ANNUAL FINANCE Amount Financed Total of Payments Total Sale Price
PERCENTAGE CHARGE Tre amount of credit The amount you will have The total cost of your
provided fo you or on paid after you have made purchase on credit,
The doll
RATE , Gra atco deat your behalf all payments as scheduled, | including your
The - 7 your credit as y downpayment of
a yearly rate
$500.00 ;
__ | : sM 5_31.86452
ee e e”
—
Your Payment Schedule will be: *e means an estimate
Number of Payments Amount of Payments When Payments are Due
66 $ 475.22 Monthly, beginning Dec 20, 2013
Security. You are giving a security interest in the motor vehicle | Prepayment. If you pay off the full amount owed under this Contract
being purchased. early, you will not have to pay a penalty.
Late Charge. if payment is not received in full within 10 days after it | Additional Information, See the remainder of this Contract for
is due, you will pay a late charge of 5% of the unpaid installment or | additional information about nonpayment, default, any required
$50, whichever is less repayment in full before the scheduled due date, prepayment refunds,
and security interests.
Optional GAP Waiver Agraement (GAP contract). A ITEMIZATION OF AMOUNT FINANCED
GAP contract 1s a debt cancellation agreement it is not A. CASH PRICE
required to obtain credit and will not be provided unless 1._Cash Price of Vehicle $16,988.00
you sign below and agree to pay the extra charge. The i
Charge for a GAP contract ism tem Di, Your GAP 3. Gast Price of CarMax Accessories -$ oo
contract is a part of this Contract See your GAP contract :
for details on the protection it provides A. Sales /Excise Tax __ Le Z $ 00
66 3. Other: N/A 7 $ 00
Term (in months) 6. Other NWA 5 00
7, Total Cash Price [1 through 6] $16,998.00
B. DOWNPAYMENT a
1. Cash Downpayment 3500.00
You agree to buy and we agree to sell you the following 2. Manufacturer's Rebate $ 00
Vehicle 3. Credit From "Trade-in" Sold to CarMax
Year! 2008 CHRYSLER ASPEN a. Value of "Trade-in" $ 00
VIN b. Pay-Off of "Trade-In” $ 00
New Used c. Net Value of "Trade-In" [a minus b, if a is greater than b] | $ .00
The primary purpose and use for which you are purchasing | 4. Other: N/A _ SSeS
the Vehicle is 5. Total Downpayment {1 through 4) $ 500.00
Personal, Family, or Househoid __%__ C. UNPAID BALANCE OF CASH PRICE [A minus B] $16,498.00
Business or Commercial ___ Agricultura! __ D. OTHER CHARGES INCLUDING AMOUNTS PAID TO
As part of this transaction, you sold the following vehicle(s) OTHERS ON YOUR BEHALF
to Seller as a "Trade-In" 1. Optional GAP Waiver Agreement $ 399.00
NIA 2. To Public Officials
Yearmtgie Model a. License, Title and Registration Fees ¢ BD
N/A b. Filing Fees 09
ea NA SS —_$§£——_—— c. TAVT Fee _[ $1,027.00
d. N/A $ 00
YOUR PROMISE TO PAY 3. To N/A 7 | $ 00
You agree to pay us the Amount Financed and Finance for
Charge provided for in this Contract according to the [4 To WIA
Payment Schedule above. This is 2 simpie finance charge for 5 0
contract. This means we wil igure the Finance Srarge ona oto :
daily basis at the Annual Percentage Rate on the u1 i 7 >
of the Amount Financed. The Rinance Charge, Total of for Extended Service Agreement $ 00
Payments, and Total Sale Price shown above are based on | 6. To_N/A
the assumption that you will make every payment on the day for Pay-Off of the "Trade-In" where Pay-Off exceeds value
it is due. Your Finance Charge, Total of Payments, and of "Trada-In" (B(3)(b) minus B(3)(a)] $ 00
Tota! Sale Price will be more if you pay late and less f you |-F—T¢
pay early. Also, if you pay late i is twely het Your final for $ 00
ment will be larger than originally scheduled You
Lik yu payments eine eler’at the address shown | 8 Total of Other Charges and Amounts Paid to Others on ae
above. if this Contract is transferred. you agree to make Your Behalt [1 through 7] $1,464!
your payments to the subsequent holder of this Contract E. AMOUNT FINANCED [C plus D] $ 17,962.00
(Assignee) at the address provided by the Assignee or
Seller
*Seller may retain a portion of this amount.
This Contract has 4 pages, plus any optional GAP Waiver Agreement. This is Page 1. By initialing below you
Sere nine Cyd read and agree to all provisions on all pages.
Buyer's Initial: Co-Buyer's InitialsBusiness JD. RICIO10 — Printed 11/05/2013 05:30 pm 1 of 1
Order # OMS Tracking # I Reprint # 0
Revision Date 12/12
IU
MIS 1D 50000006
Legal - GF
RETAIL INSTALLMENT CONTRACT
RETAIL WS —_—__— Eee ee
Other Important Agreements
Your Representations. You promise that you have given true and
correct information in your credit application. You understand that in
entering this Contract we have relied on the representations you have
made to us. Upon request, you agree to provide us with documents
and other information necessary to verify any item contained in your
credit application.
Applicable Law. Federal law and the law of the State of Georgia
apply to this Contract. if any provision is not valid, all others stay
valid to the extent allowed by applicable law.
Late Charge. You will pay a late charge as described in the Late
Charge section on Page 1 of this Contract.
Returned Check Charge. If you make a payment to us by check,
draft, or order that is returned by your financial institution because of
insufficient funds or the lack of an account, you will pay a charge that
is the greater of $30 or 5% the face amount of the check, draft, or
order.
Care, Uso, and Location of the Vehicle. You agree to pay us all
you owe under this Contract even if the Vehicle is damaged,
destroyed, or missing. You agree to keep the Vehicle in good
condition and repair. If there is any loss or damage to the Vehicle,
you will give us prompt written notice of the loss or damage. You
agree not to use the Vehicle for hire or to sell, rent, lease, of transfer
any mterest in the Vehicle or this Contract. You agree that you will
not permit the Vehicle to be used in any illegal manner or expose the
Vehicle to misuse, seizure, confiscation, or involuntary transfer. The
Vehicle will be kept at the address you provided to us in this Contract
as shown on Page 1. You agree to notify us in writing of any change
in your address or the location at which the Vehicle is regularly
jocated. You are not allowed to remove the Vehicie from the United
States. You may, however, take the Vehicle to Canada as long as it
is for a period of 30 days or less.
Insurance Requirements. You agree to have physical damage
insurance covering loss or damage to the Vehicle as long as amounts
are owed under this Contract. The insurance must have
comprehensive, collision, fire, and theft coverage in amounts
acceptable to us and with the minimum available deductible. All
required insurance must be with a properly licensed insurer
reasonably acceptable to us and must name us as an additional
insured and toss-payee You agree to give us evidence of all
required insurance promptly upon request. You agree that any
insurance proceeds payable due to damage or loss of the Vehicle will
be paid directly and solely to us. Al our choice, we may use the
insurance proceeds to repair the Vehicle or to pay amounts owed
under this Contract. You agree that we may settle any insurance
claim or sign any insurance checks on your behall as necessary and
if allowed by law
Failure to Maintain Insurance. If you fail to maintain the required
physical damage insurance, we may buy it fer you. At our choice, the
insurance we buy may only cover our interest in the Vehicle and be
jimited to what you owe under this Contract at the time. This means
the insurance we obtain may not cover your interest in the Vehicle or
any loss that you incur. We will charge you for any insurance we
purchase. The insurance we buy may cost more than the insurance
you could buy on your own. The charge for the insurance will be the
amount advanced for it and a finance charge at the Annual
Percentage Rate shown on Page 1 of this Contract or, if less, the
highest rate allowed by law.
Security Interest. You give us a security interest in the Vehicle, any
proceeds received for the Vehicle, and any accessories, equipment,
and replacement parts installed on the Vehicle. You also give us a
security interest in any insurance, service, or other contracts we
"Trade-In" and Downpayment. You promise that you own and
have valid title to any vehicle you sold to us as a “Trade-In.” You
represent that any "Trade-In" vehicle is free from any lien or security
interest except as you have disclosed to us in writing. You promise
that you have made the downpayment shown in the Itemization of
Amount Financed on Page 1 of this Contract and that you have not
borrowed it
Titie, Taxes, and Other Charges. You agree to make sure that the
title to the Vehicle shows our security interest. You also agree that
we will be the only party with a security interest in the Vehicle and
that our security interest will be the only security interest that appears
on the fitle. You agree that you are, or will be, the registered owner
af the Vehicle and that you will comply with all registration, licensing,
tax, and title laws that apply to the Vehicle. You agree to pay when
due all taxes, fees, repair bills, storage bills, fines, assessments, and
ather charges relating to the Vehicle. At our choice, we may pay any
of these items to protect our intarest in the Vehicle. If we do so and if
allowed by law, you agree to repay us at our request
Dofault and Required Repayment in Full. You will be in default if
you fail to make any payment required by this Contract You will also
be in default if you break any other promise you have made in this
Contract or if a bankruptcy or insolvency proceeding is initiated by
you or against you. If you default we may require that you pay all you
owe on this Contract al once. All amounts owed following your
default will continue to accrue finance charge or interest at the
Annual Percentage Rate shown on Page 1 of this Contract or the
highest rate allowed by law until paid in full.
Other Remedies Upon Default. Upon your default we may take
(repossess) the Vehicle from you as long as we do so peacefully. All
accessories, equipment or replacement parts will remain with the
Vehicle following repossession.
Getting the Vehicle and Property Back After Repossession. If we
repossess the Vehicle, you have the right to get it back until we sell it
This is your right to redeem. We will tell you what you need to do or
how much you need to pay to redeem the Vehicle. If any personal
property is in the Vehicle, we will store it for you at your expense. If
you do not pick up your personal property, we may sell it if the jaw
allows us to do so end after giving you any required notice
Sale of the Repossessed Vehicle. We will send you a wntten
notice of sale before we sell the Vehicle. We will apply money from a
sale to our expenses and then to amounts you owe under this
Contract. Our expenses may include costs incurred by us in
repossessing the Vehicle, holding and storing it, preparing it for sale.
and selling it. If there is money left over, we will pay it to you unless.
we afe required io pay it to someone else If there is not enough
money to pay all you owe, you will have to pay us the remaining
balance.
Collection Costs. If we refer this Contract for collection or
enforcement to an attorney who is not our salaried emplayee, you
agree to pay our reasonable attorney fees, plus court costs. The
attorney fees will not exceed 15% of the principai and finance charge
or interest owed under the Contract at the time of the referral
Application of Payments and Partial Prepayments. We may apply
each payment to earned and unpaid finance charge and to other
amounts you owe under this Contract in any order we choose. if you
make @ partial prepayment you must still continue to make your
regular monthly payments as scheduled in this Contract.
Oalay in Enforcing Rights. We will not tose any of our rights under
this Contract if we delay or refrain from enforcing them. For example,
we may extend the time for making some payments withoutMMNBNGS TOF yOU ang all proceecs irom any insurance, service, of other
contracts on the Vehicle, including refunds of premiums or charges
from the contracts we finance for you. The security interest you are
giving us secures all amounts owed by you under this Contract and
all the other agreements you havs made in this Contract
Optional Service or GAP Contracts. This Contract may contain
charges for an optional service ar GAP contract. If yau are in default
under this Contract, you agree that we may claim benefits under any
optional contract or cancel it to obtain a refund for unearned charges
and reduce amounts you owe. If you cancel an optional contract, you
authorize us to receive any refund for unearned charges and apply it
to what you owe under this Contract
extending others. Our acceptance of any late or partial payment
does not excuse your late or partial payment or mean that you may
continue to make late or partial payments.
Communications, You agree that we may monitor and record
telephone calls regarding this Contract. You expressly consent that
we may contact you (by calls, emails, text messages or other
electronic messages) for any purpose related to this Contract by any
means, including but not limited to the use of prerecorded/artificial
voice messages or automatic telephone dialing devices. Your
express consent applies to any email addresses or telephone
numbers we obtain or you provide in any manner and at any time,
including email addresses or cellular telephone numbers for which
you may incuf voice, data or other charges.
This Contract has 4 pages, plus any optional GAP Waiver Agreement. This is Page 2. By initialing below you
represent that ve read and agree to ail provisions on all pages.
Buyer's Initi Co-Buyer's Initials
Printed 13/0§72013 05 30 pm 1 of 1
OMS Tracking + Repeni # 0
IMA
RETAIL INSTALLMENT CONTRACT
Other Important Agreements
ARBITRATION PROVISION
This Arbitration Provision describes when and how a Claim (defined below) shall be arbitrated. Arbitration is a way of resolving disputes before one or
more neutral persons, instead of having a trial in court before a judge and/or jury. igning this Conte: in hi
terms of this Arbitration Provision,
For purposes of this Arbitration Provision, references to "we," “us” and "our" mean the Seller, including its respective subsidiaries, affiliates, agents,
employees and officers, or anyone to whom the Seller transfers its rights under the Contract.
IF YOU OR WE CHOOSE ARBITRATION, THEN ARBITRATION SHALL BE MANDATORY, AND:
« ANY CLAIM WILL BE DECIDED BY ARBITRATION AND NOT IN COURT OR BY A JURY TRIAL.
« DISCOVERY AND RIGHTS TO APPEAL ARE LIMITED BY THE ARBITRATION RULES OF THE ARBITRATION ADMINISTRATOR.
* YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION ("CLASS
ACTION WAIVER").
* OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
a. What Claims are Covered. A "Claim" is any claim, dispute or controversy between you and us that in any way arises from or relates to this
consumer credit sale, the purchase you are financing by way of this Contract, the Vehicle and related goods and services that are the subject of the
purchase and this Contract, or the collection or servicing of this Contract, including but not limited to:
* Initial claims, counterclaims, cross-claims and third-party claims,
* Disputes based on contract, tort, consumer rights, fraud and other intentional torts (at law or in equity, including any claim for injunctive or
declaratory relief):
* Disputes based on constitutional grounds or on faws, regulations, ordinances or similar provisions, and
* Disputes about the validity, enforceability, arbitrability or scope of this Arbitration Provision or this Contract, subject to paragraph (f) of this
Arbitration Provision.
b. Commencing Arbitration. Either you or we may require any Claim to be arbitrated by first sending to the other party, by certified mail, a written
notice of dispute ("Notice"). This Notice shall (1) describe the nature and basis of the Claim and (2) set forth the specific relief sought. If we do not
reach an agreement to resolve the Claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding
Arbitration of a Claim must comply with this Arbitration Provision and the applicable rules and procedures of the arbitration Administrator. Arbitration is
not mandatory for an individual Claim that you or we may choose to bring in small claims court or the state's equivalent court, if any. If that Claim is
transferred, removed or appealed to a different court, you or we then may choose arbitration.
¢, Choosing the Administrator, If you initiate the arbitration proceeding, you may choose either of the following arbitration Administrators: (1)
American Arbitration Association, 1633 Broadway, 10” Floor, New York, NY 10019, www.adr.org, (800) 778-7879 or (2) JAMS, 1920 Main Street, Suite
300, Irvine, CA 92614, www jamsadr.com, (800) 352-5267. The Administrator you choose will have rules that apply to the proceeding. Important
information regarding the arbitration process and more complete information regarding arbitration procedures may be found at either Administrator's
website. If the Administrator you choose is unable or unwilling or ceases to serve as the Administrator, you or we may choose the other Administrator
{f both Administrators are unable or unwilling or cease to serve as the Administrator, you or we may choose another Administrator, subject to the
other's approval. In all cases. any arbitrator must be a lawyer or a retired judge with at least 10 years of legal experience If we initiate the arbitration
proceeding. we will give you 20 days to choose the Administrator. If you do not choose the Administrator within that time, we will choose one for you
No matter which Administrator is chosen, you shall have the right to be represented by an attorney of your own choosing, subject to any limitations in
the Administrator's rules
d. Choosing the Location. Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.
e. Paying for Arbitration. Each Administrator charges fees to administer an arbitration proceeding This may include fees not charged by a court.
When you choose an Administrator, you should carefully review the fees charged by the Administrator. The party that initiates the arbitration shall pay
the initial filing fee, and fees and costs thereafter shall be paid in accordance with the tules and procedures of the Administrator. Each party must pay
the expense of that party's attorneys, experts, and witnesses, regardless of which party prevaits in the arbitration, unless applicable law or the
Administrator's rules, procedures or standards provide otherwise.
s Action Waiver. You give up your right to participate ina class action. This means that you may not be a representative or member
f Ch
tion with respect to any Claim. Further, unless both you and
of any class of claimants or act as a private attorney general In court or In arb!we agree otherwise, the arbitrator may not consolidate more than one persons Ulam OF eins. eae i ee eee mnt benite ar unite the:
Provision, the validity and effect of the Class Action Waiver must be determined only by a court and not by an arbitrator. If a court limits or voids the
Class Action Waiver, then this entire Arbitration Provision (except for this paragraph) will be null and void
g. Right to Discovery. The parties shall have the right to discovery of non-privileged information and documents relevant to the Claim, subject to the
rules and procedures of the Administrator.
h. Arbitration Result and Right of Appeal. Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. In
response to a timely request from either party, the arbitrator must provide a brief written explanation of the basis for any award. The arbitrators
decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act. Any party can appeal the award to a three-arbitrator
panel administered by the Administrator, which must reconsider any aspect of the initial award requested by the appealing party Reference in this
Arbitration Provision to the "arbitrator" means the panel of arbitrators if an appeal of the arbitrator's decision has bean taken. Subject to applicable law,
costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal, unless applicable law or the Administrator's rules
provide otherwise. However, we will consider any good faith, reasonable request for us to pay all or any part of those fees if you are the appealing
party
|. Governing Law. This Arbitration Provision is governed by the Federal Arbitration Act and not by any state arbitration law. The arbitrator must apply
applicable statutes of limitations and claims of privilege recognized at law, and applicable substantive law consistent with the Federal Arbitration Act
The arbitrator is authorized 1o award all individual remedies permitted by the substantive law that would apply if the action were pending in court
J. Rules of Interpretation. This Arbitration Provision survives the repayment of all armounts owed to us, the transfer of the Contract, and any
bankruptcy by you, to the extent not inconsistent with applicable bankruptcy law. Except as provided in paragraph (f), if any part of this Arbitration
Provision is determined to be invalid or unenforceable, this Arbitration Provision and the Contract will remain enforceable. In the event of a conflict or
inconsistency between this Arbitration Provision and the applicable arbitration rules or the other provisions of this Contract or any other contract
between you and us, this Arbitration Pravision will govern.
This Contract has 4 pages, plus any optional GAP Waiver Agreement. This is Page 3. By initialing below you
represent that you have read and agree to all provisions on all pages.
Buyer's Initials ¢ Ee Co-Buyer's Initials
RETAIL INSTALLMENT CONTRACT
Other Important Agreements
NO LIABILITY INSURANCE INCLUDED
LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED IN THIS CONTRACT.
PROPERTY INSURANCE: YOU ARE REQUIRED TO OBTAIN AND MAINTAIN INSURANCE ON THE VEHICLE,
ENDORSED TO PROTECT US AS LOSS-PAYEE. YOU MAY OBTAIN THE INSURANCE FROM ANY AGENT OR
INSURANCE COMPANY YOU CHOOSE REASONABLY ACCEPTABLE TO US.
YOUR INSURANCE INFORMATION
LIENHOLOER/Loss-pavec American Credit Acceptance INsuRED'S NaMe_STEPHEN D FULLER
PHYSICAL DAMAGE DEDUCTIBLES - COMPREHENSIVE $__ 500.00 COLLISION $ 800.00
| INSURANCE CoMPANY ACCEPTANCE INS
pocy uMeeR I re cTIVE DATE 10/07/2012 __ Expiration pate 10/07/2014
INSURANCE AGENT NAME __ ACCEPTANCE INS TELEPHONE NUMBER _(888) 922-7767
You agree that you have or will obtain the required insurance coverage as shown above and you acknowledge that this is
| required by the Insurance Requirements section on Page 2 of this Contract.
USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF
THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE
CONTRACT OF SALE.
SPANISH TRANSLATION: GUIA PARA COMPRADORES DE VEHICULOS USADOS. LA INFORMACION QUE VE EN EL
FORMULARIO DE LA VENTANILLA PARA ESTE VEHICULO FORMA PARTE DEL PRESENTE CONTRATO. LA
INFORMACION DEL FORMULARIO DE LA VENTANILLA DEJA SIN EFFECTO TODA DISPOSICION EN CONTRARIO
CONTENIDA EN EL CONTRATO DE VENTA.
The following notice applies only to purchases primarily for personal, family, or household purposes.
NOTICE) ANY MOLDER UF TRIS CONSUMER CREUIT CONTRACT to SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE
DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR
WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID
| BY THE DEBTOR HEREUNDER.
t
VEHICLE RETURN POLICY
You may return the Vehicle to CarMax for a refund and rescind this Contract within 5 calendar days if the condition of the
Vehicle does not change. This policy only applies to used vehicles.
ENTIRE AGREEMENT
| This Contract contains the entire agreement between you and us relating to this Contract. We may agree to extend or defer a
payment and provide you written confirmation. Any other change to this Contract must be in a writing signed by us. No oral
modifications to this Contract are binding.
Notice to the Buyer
| Do not sign this Contract before you read it or if it contains any blank spaces.
You are entitled to an exact copy of the Contract you sign.
This Contract has 4 pages, plus any optional GAP Waiver Agreement. This is Page 4. By signing below you
reprasent that you have read and agree to ail provisions on all pages, including the Arbitration Provision on Page 3 of
this Contract. You are also canfirming that you have received a completely filled-in copy of this Contract and any
optional GAP Waiver Agreement, each of which has been signed by the Seller.
Seller CarMax Auto Sypaerstores, inc. Buyer's Signat : ~
Co-Buyer's Signature,
ASSIGNMENT
Seller hereby sells, assigns and transfers to American Credit Acceptance
abligations of Buyer and Co-Buyer hereunder, all rights. powers, and privileges herein given to Seller, and all right, title, and interest of Saller in and to the
property securing this Contract. if on the date of this assignment there is in effect a Dealer Agreement between Seller and Assignee pertaining to the sale of
contracts ta Assignee by Seller, the sale and assignment of this Contract to Assignee is made subject to all the terms and conditions of that Dealer
aa
Agreement Soy
SellerAssignor Ci ee
pate Nov 05, 2013 vile Bad 2104
(Assignee) this Contract, all
Preview
Case Number: COCE-18-000154 Division: 55 Filing # 65991082 E-Filed 01/02/2018 03:02:24 PM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: Razor Capital, LLC, Plaintiff, COMPLAINT FOR DAMAGES vs. ATTORNEY BAR NO: 0597708 STEPHEN FULLER , Defendant(s). } / Plaintiff Razor Capital, LLC complains of Defendant(s), STEPHEN FULLER , and would respectfully show the following: JURISDICTION 1. This is an action for damages that are within the jurisdictional limits of this court exclusive of costs and attorney’s fees. SERVICE 2. Defendant(s) may be served at the address listed on the court summons. VENUE 3. Venue of this action is proper in the county named above because the Defendant(s) is/are a resident(s) of this county. INSTALLMENT CONTRACT DEFICIENCY 4, Defendant entered into a Retail Installment Sale Contract (“the Contract’). A true copy of the Contract is attached as Exhibit A and incorporated herein by reference as if fully set forth verbatim. 5. Defendant defaulted on the obligation to make payments due under the Contract. 6. Plaintiff is the assignee of the Contract and is the legal and equitable owner of the *4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/2/2018 3:02:23 PM.****debt evidenced by the Contract and all rights of the obligee/creditor thereunder, AMERICAN CREDIT ACCEPTANCE, LLC. 7. Upon Defendant’s default under the Contract Plaintiff's predecessor-in-interest gave all notices required by the Contract and applicable law, properly accelerated the balance of principal and accrued and unpaid interest, and demanded payment from Defendant; however, Defendant did not pay the balance due. 8. Pursuant to the Contract and applicable state law, Plaintiff/ Plaintiff's predecessor-in-interest took possession of the collateral securing the debt, and disposed of it in a commercially reasonable manner, after first giving all notices required by the Contract and applicable law. 9. After applying the net proceeds of the sale to the debt and any other credits, a deficiency balance of $13,218.54 remains due and owing to Plaintiff. 10. Through its attorneys Plaintiff has demanded that Defendant pay the deficiency balance, but Defendant did not do so. Plaintiff seeks judgment for the deficiency balance. CONDITIONS PRECEDENT ll. Plaintiff has demanded payment from Defendant(s) and notified the Defendant(s) of the assignment of the subject account, but Defendant(s) has/have not satisfied such demand. Plaintiff has performed all conditions precedent to the filing of this action, or all such conditions precedent have occurred. ATTORNEY’S FEES 12. Pursuant to the terms of the Contract Plaintiff is entitled to recover reasonable attorney’s fees and court costs for the pursuit of this action. Such amount is subject to determination by the Court, and Plaintiff requests that the Court award attorney’s fees in theamount that is determined to be reasonable in this action, together with all taxable costs. WHEREFORE, premises considered, Plaintiff prays that Defendant be summoned to appear and answer, and that upon final hearing, Plaintiff have judgment against Defendant for: a. b. 17-15059 $13,218.54, the Deficiency Balance; post-judgment interest at the maximum rate allowed by law; attorney's fees in the amount determined by the Court to be reasonable; all costs of court; and all such other and further relief to which Plaintiff may be justly entitled. Respectfully submitted, Andreu, Palma, Lavin & Solis, PLLC Attorneys for Plaintiff 1000 NW 57th Ct., Ste. 400 Miami, FL 33126 Tel. (305) 631-0175 Fax. (305) 631-1816 E-mails: pleadings | @andreupalma.com;jpalma@andreupalma.com py. 1 Gog £ Padma Jorge L. Palma, Esq. FBN 0597708BILL OF SALE AND ASSIGNMENT American Credit Acceptance, LLC, a limited liability company formed under the laws of South Carolina with an office at 961 E Main Street, Spartanburg, SC 39302 ("Seller") hereby absolutely sells, transfers, assigns, sets-over and conveys to Security Credit Services, LLC, a limited liability company formed under the laws of MS with an office at 2653 W Oxford Loop, Oxford, MS 38655, ("Buyer") without recourse and without representations or warranties, express or implied, of any type, kind or nature except as set forth in the Agreement (hereinafter defined): (a) all of Seller's right, title and interest in and to each of the Accounts identified in the Account Schedule attached hereto as Exhibit A (the "Accounts") and the other elements of the Account Packages (as defined in the Agreement), and (b) all principal, interest or other proceeds of any kind with respect to the Accounts, but excluding any payments or other consideration received by or on behalf of Seller on or prior to October 21, 2016, with respect to the Accounts. This Bill of Sale is being executed and delivered pursuant to and in accordance with the terms and provisions of that certain Purchase and Sale Agreement made and entered into by and between Seller and Buyer dated October 21, 2016 (the "Agreement"), The Accounts and Account Packages are defined and described in the Agreement and are being conveyed hereby subject to the terms, conditions and provisions set forth in the Agreement. This Bill of Sale shall be governed by the laws of the State of Mississippi without regard to the conflicts-of-laws rules thereof. DATED: October 21, 2016 SELLER: By: American Credit Acceptance, LLC Name: Tim MacPhail Title: Chief Financial Officer STATE OF SOUTH CAROLINA) ) ss. COUNTY OF SPARTANBURG ) On October 21, 2016, before me the undersigned officer, personally appeared Tim MacPhail, who acknowledged him/herself to be the Chief Financial Officer of American Credit Acceptance, LLC, a South Carolina limited liability company, signer and sealer of the foregoing instrument, and that he/she as such officer, being authorized so to do, acknowledged the execution of the same to be his/her free act and deed as such officer and the free act and deed of said corporation.IN WITNESS WHEREOF, I hereunto set my hand.EXHIBIT B BILL OF SALE AND ASSIGNMENT Security Credit Services, LLC, a limited liability company formed under the laws of Mississippi with an office at 2653 W. Oxford Loop, Oxford, MS 38655 ("Seller") hereby absolutely sells, transfers, assigns, sets-over and conveys to Razor Capital, LLC, a limited liability company formed under the laws of Minnesota with an office at 8000 Norman Center Drive, Ste. 860, Bloomington, MN 55437, ("Buyer") without recourse and without representations or warranties, express or implied, of any type, kind or nature except as set forth in the Agreement (hereinafter defined): (a) all of Seller's right, title and interest in and to each of the Accounts identified in the Account Schedule attached hereto as Exhibit A (the "Accounts") and the other elements of the Account Packages (as defined in the Agreement), and (b) all principal, interest or other proceeds of any kind with respect to the Accounts, but excluding any payments or other consideration received by or on behalf of Seller on or prior to October 21, 2016 with respect to the Accounts. This Bill of Sale is being executed and delivered pursuant to and in accordance with the terms and provisions of that certain Purchase and Sale Agreement made and entered into by and between Seller and Buyer dated October 21, 2016 (the "Agreement"). The Accounts and Account Packages are defined and described in the Agreement and are being conveyed hereby subject to the terms, conditions and provisions set forth in the Agreement. This Bill of Sale shall be governed by the laws of the State of Mississippi without regard to the conflicts-of-laws yules thereof. DATED: [ (1 >} aol Security Credit Services, LLC: a By: one Name: Kaye Dreifuerst Title: President STATE OF WViSsisspp > SS. COUNTY OF Lotang hii> ) On ‘9}z'\ 24> before me the undersigned officer, personally appeared Kaye Dreifurst, who acknowledged herself to be the President of Security Credit Services, LLC, a Mississippi limited liability company, signer and sealer of the foregoing instrument, and that he/she as such officer, being authorized so to do, acknowledged the execution of the same to be his/her free act and deed as such officer and the free act and deed of said corporation. IN WITNESS WHEREOF, I hereunto set my hands 2 jotary Public 23859287-1American&a? CREDIT ACCEPTAN This is to certify that American Credit Acceptance, LLC is successor in interest (directly or indirectly) to the following companies with respect to certain of our contract(s): ACA Warehouse Trust | ACA ACA, LLC ‘Amereican Credit Acceptance America Credit Acceptance American Acceptance American Credit ACC American Credit Acceptanc American Credit Acce American Credit Acceptance American Credit Acceptance Corp. American Credit Acceptance LL American Credit Acceptance LLC American Credit Accpt American Credit Acpt Corp American Credit Corp AMERICAN CR ACC Lea af Tim fel! American Credit Acceptance Chief Financial Officer AMERICAN CREDIT ACCE AMERICAN CREDIT ACCEPT AMERICAN CREDIT ACCPTNC LLC AMERICAN CRDT ACPT LLC AMERICAN CRDT ACCEPTANCE AMERCN CRDT ACPT AMERICAN CRDT ACPT LL AMERICAN CREDIT ACCEPTANCE DBA AUTO AMERICAN CREDIT ACCEPTANCE DBA AUTOFINAN Aura Finance Auto Fin Auto Finance Auto Finance National Auto Finance (a division of ACA) Auto Financial Cornerstone Acceptance Corp Drive Acceptance Corp Subscribed and sworn before me personally appeared Tim MacPhail, on this wh day of anders ,2017. Notary Public for the County of Spartanburg, State of South Carolina. My ee . i commission expires _“: / v any AOevo: Mt, “ny 8 AeA415 NW 19TH AVE FT. LAUDERDALECe CE RS CL A ee edEM Primary Borrower FICO Co-Borrower FICO VIN Model Year Amount Financed CHRYSLER — |ASPEN 17,962.00 | 11/18/2013)EM Original Term First Payment Due Date CurrentAPR Per Dieminterest PaymentFrequency Maturity Date Last Payment Date 12/20/2013 21.95%, 8.257 Monthly 7/20/2019 5/16/2016]El Last Payment Amount Number of Payments Made 9/22/2015 10/20/2015Months Since Charge-Off RepoDate SoldDate RepoSaleAmount C/O Amount Int Due At C/O 1/30/2016 7| 2/24/2016) 3/30/2016 5,500.00 | 15,902.62 1,273.86EI Non-Repo Fees Due AtC/O _ Repo Fees Due At C/O Principal Balance Interest Due Non-RepoFeesDue Repo Fees Due 17,247.76 13,730.62 1,055.22EM Deficiency Balance Post C/O Interest Removed _ Post C/O Non-Repo Fees Removed 14,928.40 1,638.58 13,218.54 [AuctionEM As Of Date Dealer Name OCMC eae Vc oil 8/4/2016 |CARMAX 7104-NOR1 EES ST Tear Co la.) eT eats eee Ra Ra es ee ad 5,049.97American Credit Acceptance P.O, Box 3628 = American&) Ww CREOIT ACCEPTANCE Notice of Our Plan to Sell Property Date: 02/26/2016 TO PLO R 000074 American Credit Acceptance STEPHEN D FULLER 961 E. Main St. 2nd Floor 415 NW 19TH AVE Spartanburg, SC 29302 ooo07t_ FT LAUDERDALE FL 33311 Partandurg Re: Account No.XXXXXXXXXXXX:; Retail Installment Sale or Credit Sale Contract dated 11/05/2013 (“Agreement”) Vehicle: 2008 CHRYSLER 0 es Ye) We have your Vehicle because you broke promises in our Agreement. (The checked box below applies to you). Dear STEPHEN D FULLER: oO We will sell the Vehicle at a public sale. A sale could include a lease or license. The sale will be held as follows: Date: Time: Place: You may attend the sale and bring bidders if you want. We will sell the Vehicle at a private sale sometime after 03/07/2016. A sale could include a lease or license. The money we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you will 1 will not (as checked) still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get the Vehicle back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at 866-544-3430. If you want us to explain to you in writing how we figured the amount that you owe us, you may call us at 866-544-3430 or write us at 961 E. Main St. 2nd Floor, Spartanburg, SC 29302 and request a written explanation. [We will charge you $0.00 for the explanation if we sent you another written explanation of the amount you owe in the last six months.] If you need more information about the sale call us at 866-544-3430 or write us at the address set forth above. We are sending this notice to the following other people who have an interest in the Vehicle, or who owe money under your Agreement: Sincerely, We may report information about your Account to credit Todd Trawick, bureaus. Late payments, missed payments, or other defaults Chief Operation Officer on your Account may be reflected in your credit report. NOTICE: If you are entitled to the protections of the United States Bankruptcy Code (11 U.S.C. §§ 362; 524) regarding the subject matter of this letter, the following applies to you: THIS COMMUNICATION IS NOT AN ATTEMPT TO COLLECT, ASSESS, OR RECOVER A CLAIM IN VIOLATION OF THE BANKRUPTCY CODE AND IS FOR INFORMATIONAL PURPOSES ONLY. NOI 4835-5844-5570 09/2008Invoice for 2042369126 Page | of 1 Del Mar Recovery Solutions Invoice Number 59046 CA ea Invoice Date: 02/25/2016 Case Number] Comp Ref #: m7 Phone: 8666067007 Fax: 7606039080 ATTN: Debtor: | STEPHEN FULLER American Credit Acceptance Collateral: 08 CHRYSLER ASPEN 961 E Main St, : Spartanburg SC 29302 V.LN.: Phone: 877-504-3772 S.S.N.: Fax: 1-855-854-5664 Date Service Oly Rate Subtotal 02/24/2016 Impound/Bailout/Lien Fees 1 $260.00 $260 Impound Fees $225.00 Overnight Fees $35.00 02/25/2016 Impound Repo Fee 1 $650.00 $650 American Credit Acceptance Account Information Sales Tax: $0.00 Tax 1D (a Total Due Upon Reciept: $910.00 Please remit payments to: PO Box 131690, Carlsbad, CA 92013 https://www. recovery database.net/top_level_clients/invoice_print HTML.php?invoice ID=... 1/5/2017American Credit Acceptance 961 E. Main St. 2nd Floor Spartanburg, SC 29302 aoen NYC DCA License #1384435 American ° 42 CREOIT ACCEPTANCE Explanation of Calculation of Surplus or Deficiency PU LL peep yyy eed g eggs analy Date: 03/31/2016 200 1 MB 0.439 T3 MAAD296 PL1 S296 000200 STEPHEN D FULLER 415 NW 19TH AVE co0200 FT LAUDERDALE FL 33311 Re: Account No.XXXXXXXXXXX iii Retail Installment Sale or Credit Sale Contract dated 11/05/2013 (“Agreement”) 08 CHRYSLER ASPENS Vehicle") Dear STEPHEN D FULLER: Please be advised that we disposed of the Vehicle on 03/31/2016. The proceeds of the sale have been applied as explained below. If you financed a premium for credit insurance under your Agreement, you may be entitled to a refund of any unearned portion of the premium. 1. Aggregate unpaid balance of Agreement as of 03/30/2016 $17,759.85 2. Rebate of unearned finance charges as of 03/31/2016 if any - $0.00 3a. Earned and unpaid finance charges incurred since 03/31/2016 + $8.40 3b. Accrued and unpaid late fees + $71.28 4. Net balance due (1 minus 2 plus 3a plus 3b) = $17,839.53 5. Gross proceeds from the sale of the Vehicle = $5,500.00 6. Subtotal after deducting proceeds of sale (4 minus 5) = $12,339.53 7. Costs of retaking the Vehicle $1,020.75 8. Costs of storing the Vehicle + $0.00 9. Costs of preparing the Vehicle for sale + $571.80 10. Costs of selling the Vehicle + $115.00 11. Attorneys’ fees and court costs + $0.00 12. Other costs: The sum of all unpaid NSF fees and any other fees + $0.00 outstanding 13. Total Costs (7 through 12) = $1,707.55 14, Credit: Rebate of unearned insurance premiums $0.00 15. Credit: The sum of all warranty rebates applied since 03/30/2016 + $0.00 16. Credit: The sum of all payments and reversals applied since 03/30/2016 + $0.00 17. Total Credits (14 through 16) = $0.00 18. Balance due/surplus after sale (6 plus or minus 13, plus or minus 17) = $14,047.08 (The checked box applies to you). Deficiency balance for which you are liable and for which demand* is hereby made $14,047.08 ** No deficiency balance is owed because the cash price of the Vehicle was less than the minimum under state law. Surplus balance remitted to you herewith $. i Surplus balance paid to a subordinate party $. “Future debits, credits, charges, finance charges or interest, rebates or other expenses may affect this amount. OOO® HC# 4815-3030-2978 (07/2015 ACA v 1.1)oo0200 If you need more information about the transaction call us at 866-544-3430 or write us at 961 E. Main St 2nd 4 Floor Spartanburg, SC 29302. Sincerely, We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults SERVICING DEPARTMENT on your Account may be reflected in your credit report. * NOTICE: If you are entitled to the protections of the United States Bankruptcy Code (11 U.S.C. §§ 362; 524) regarding the subject matter of this letter, the following applies to you: THIS COMMUNICATION IS NOT AN ATTEMPT TO COLLECT, ASSESS, OR RECOVER A CLAIM IN VIOLATION OF THE BANKRUPTCY CODE AND IS FOR INFORMATIONAL PURPOSES ONLY. HC# 4815-3030-2978 (07/2015 ACA v 1.1) CARMaxX: RETAIL INSTALLMENT CONTRACT W this Contract, the words “ your’ mean anyone signing this Contract as a Buyer or ur" ‘eller or anyone to whom the Seller Coanecimar Cf radit Cala aete. SEN NSE PU Wey Uy Ue VEG UsStruSst below for cash cr credit By signing this Contract, you choose to buy the Vehicle on credit Contract Number SL under the terms and congitions on all pages of this Contract. If there is a Buyer and a Co- Contract Date _ lov 05, 21 Buyer, you are each individuaily liable to us for any amount due under this Contract ‘arMax Auto Superstores, Inc., 1975 BEAVER RUIN RD., NORCROSS, GA 30071 Setter ___. Name. Address Buyer ___ STEPHEN D FULLER, 2796 TWO LAKES Cl, ATLANTA, GA ‘30549 err Name ‘Address Zip Code Co-Buyer oe 7 Name Address Zip Code — ANNUAL FINANCE Amount Financed Total of Payments Total Sale Price PERCENTAGE CHARGE Tre amount of credit The amount you will have The total cost of your provided fo you or on paid after you have made purchase on credit, The doll RATE , Gra atco deat your behalf all payments as scheduled, | including your The - 7 your credit as y downpayment of a yearly rate $500.00 ; __ | : sM 5_31.86452 ee e e” — Your Payment Schedule will be: *e means an estimate Number of Payments Amount of Payments When Payments are Due 66 $ 475.22 Monthly, beginning Dec 20, 2013 Security. You are giving a security interest in the motor vehicle | Prepayment. If you pay off the full amount owed under this Contract being purchased. early, you will not have to pay a penalty. Late Charge. if payment is not received in full within 10 days after it | Additional Information, See the remainder of this Contract for is due, you will pay a late charge of 5% of the unpaid installment or | additional information about nonpayment, default, any required $50, whichever is less repayment in full before the scheduled due date, prepayment refunds, and security interests. Optional GAP Waiver Agraement (GAP contract). A ITEMIZATION OF AMOUNT FINANCED GAP contract 1s a debt cancellation agreement it is not A. CASH PRICE required to obtain credit and will not be provided unless 1._Cash Price of Vehicle $16,988.00 you sign below and agree to pay the extra charge. The i Charge for a GAP contract ism tem Di, Your GAP 3. Gast Price of CarMax Accessories -$ oo contract is a part of this Contract See your GAP contract : for details on the protection it provides A. Sales /Excise Tax __ Le Z $ 00 66 3. Other: N/A 7 $ 00 Term (in months) 6. Other NWA 5 00 7, Total Cash Price [1 through 6] $16,998.00 B. DOWNPAYMENT a 1. Cash Downpayment 3500.00 You agree to buy and we agree to sell you the following 2. Manufacturer's Rebate $ 00 Vehicle 3. Credit From "Trade-in" Sold to CarMax Year! 2008 CHRYSLER ASPEN a. Value of "Trade-in" $ 00 VIN b. Pay-Off of "Trade-In” $ 00 New Used c. Net Value of "Trade-In" [a minus b, if a is greater than b] | $ .00 The primary purpose and use for which you are purchasing | 4. Other: N/A _ SSeS the Vehicle is 5. Total Downpayment {1 through 4) $ 500.00 Personal, Family, or Househoid __%__ C. UNPAID BALANCE OF CASH PRICE [A minus B] $16,498.00 Business or Commercial ___ Agricultura! __ D. OTHER CHARGES INCLUDING AMOUNTS PAID TO As part of this transaction, you sold the following vehicle(s) OTHERS ON YOUR BEHALF to Seller as a "Trade-In" 1. Optional GAP Waiver Agreement $ 399.00 NIA 2. To Public Officials Yearmtgie Model a. License, Title and Registration Fees ¢ BD N/A b. Filing Fees 09 ea NA SS —_$§£——_—— c. TAVT Fee _[ $1,027.00 d. N/A $ 00 YOUR PROMISE TO PAY 3. To N/A 7 | $ 00 You agree to pay us the Amount Financed and Finance for Charge provided for in this Contract according to the [4 To WIA Payment Schedule above. This is 2 simpie finance charge for 5 0 contract. This means we wil igure the Finance Srarge ona oto : daily basis at the Annual Percentage Rate on the u1 i 7 > of the Amount Financed. The Rinance Charge, Total of for Extended Service Agreement $ 00 Payments, and Total Sale Price shown above are based on | 6. To_N/A the assumption that you will make every payment on the day for Pay-Off of the "Trade-In" where Pay-Off exceeds value it is due. Your Finance Charge, Total of Payments, and of "Trada-In" (B(3)(b) minus B(3)(a)] $ 00 Tota! Sale Price will be more if you pay late and less f you |-F—T¢ pay early. Also, if you pay late i is twely het Your final for $ 00 ment will be larger than originally scheduled You Lik yu payments eine eler’at the address shown | 8 Total of Other Charges and Amounts Paid to Others on ae above. if this Contract is transferred. you agree to make Your Behalt [1 through 7] $1,464! your payments to the subsequent holder of this Contract E. AMOUNT FINANCED [C plus D] $ 17,962.00 (Assignee) at the address provided by the Assignee or Seller *Seller may retain a portion of this amount. This Contract has 4 pages, plus any optional GAP Waiver Agreement. This is Page 1. By initialing below you Sere nine Cyd read and agree to all provisions on all pages. Buyer's Initial: Co-Buyer's InitialsBusiness JD. RICIO10 — Printed 11/05/2013 05:30 pm 1 of 1 Order # OMS Tracking # I Reprint # 0 Revision Date 12/12 IU MIS 1D 50000006 Legal - GF RETAIL INSTALLMENT CONTRACT RETAIL WS —_—__— Eee ee Other Important Agreements Your Representations. You promise that you have given true and correct information in your credit application. You understand that in entering this Contract we have relied on the representations you have made to us. Upon request, you agree to provide us with documents and other information necessary to verify any item contained in your credit application. Applicable Law. Federal law and the law of the State of Georgia apply to this Contract. if any provision is not valid, all others stay valid to the extent allowed by applicable law. Late Charge. You will pay a late charge as described in the Late Charge section on Page 1 of this Contract. Returned Check Charge. If you make a payment to us by check, draft, or order that is returned by your financial institution because of insufficient funds or the lack of an account, you will pay a charge that is the greater of $30 or 5% the face amount of the check, draft, or order. Care, Uso, and Location of the Vehicle. You agree to pay us all you owe under this Contract even if the Vehicle is damaged, destroyed, or missing. You agree to keep the Vehicle in good condition and repair. If there is any loss or damage to the Vehicle, you will give us prompt written notice of the loss or damage. You agree not to use the Vehicle for hire or to sell, rent, lease, of transfer any mterest in the Vehicle or this Contract. You agree that you will not permit the Vehicle to be used in any illegal manner or expose the Vehicle to misuse, seizure, confiscation, or involuntary transfer. The Vehicle will be kept at the address you provided to us in this Contract as shown on Page 1. You agree to notify us in writing of any change in your address or the location at which the Vehicle is regularly jocated. You are not allowed to remove the Vehicie from the United States. You may, however, take the Vehicle to Canada as long as it is for a period of 30 days or less. Insurance Requirements. You agree to have physical damage insurance covering loss or damage to the Vehicle as long as amounts are owed under this Contract. The insurance must have comprehensive, collision, fire, and theft coverage in amounts acceptable to us and with the minimum available deductible. All required insurance must be with a properly licensed insurer reasonably acceptable to us and must name us as an additional insured and toss-payee You agree to give us evidence of all required insurance promptly upon request. You agree that any insurance proceeds payable due to damage or loss of the Vehicle will be paid directly and solely to us. Al our choice, we may use the insurance proceeds to repair the Vehicle or to pay amounts owed under this Contract. You agree that we may settle any insurance claim or sign any insurance checks on your behall as necessary and if allowed by law Failure to Maintain Insurance. If you fail to maintain the required physical damage insurance, we may buy it fer you. At our choice, the insurance we buy may only cover our interest in the Vehicle and be jimited to what you owe under this Contract at the time. This means the insurance we obtain may not cover your interest in the Vehicle or any loss that you incur. We will charge you for any insurance we purchase. The insurance we buy may cost more than the insurance you could buy on your own. The charge for the insurance will be the amount advanced for it and a finance charge at the Annual Percentage Rate shown on Page 1 of this Contract or, if less, the highest rate allowed by law. Security Interest. You give us a security interest in the Vehicle, any proceeds received for the Vehicle, and any accessories, equipment, and replacement parts installed on the Vehicle. You also give us a security interest in any insurance, service, or other contracts we "Trade-In" and Downpayment. You promise that you own and have valid title to any vehicle you sold to us as a “Trade-In.” You represent that any "Trade-In" vehicle is free from any lien or security interest except as you have disclosed to us in writing. You promise that you have made the downpayment shown in the Itemization of Amount Financed on Page 1 of this Contract and that you have not borrowed it Titie, Taxes, and Other Charges. You agree to make sure that the title to the Vehicle shows our security interest. You also agree that we will be the only party with a security interest in the Vehicle and that our security interest will be the only security interest that appears on the fitle. You agree that you are, or will be, the registered owner af the Vehicle and that you will comply with all registration, licensing, tax, and title laws that apply to the Vehicle. You agree to pay when due all taxes, fees, repair bills, storage bills, fines, assessments, and ather charges relating to the Vehicle. At our choice, we may pay any of these items to protect our intarest in the Vehicle. If we do so and if allowed by law, you agree to repay us at our request Dofault and Required Repayment in Full. You will be in default if you fail to make any payment required by this Contract You will also be in default if you break any other promise you have made in this Contract or if a bankruptcy or insolvency proceeding is initiated by you or against you. If you default we may require that you pay all you owe on this Contract al once. All amounts owed following your default will continue to accrue finance charge or interest at the Annual Percentage Rate shown on Page 1 of this Contract or the highest rate allowed by law until paid in full. Other Remedies Upon Default. Upon your default we may take (repossess) the Vehicle from you as long as we do so peacefully. All accessories, equipment or replacement parts will remain with the Vehicle following repossession. Getting the Vehicle and Property Back After Repossession. If we repossess the Vehicle, you have the right to get it back until we sell it This is your right to redeem. We will tell you what you need to do or how much you need to pay to redeem the Vehicle. If any personal property is in the Vehicle, we will store it for you at your expense. If you do not pick up your personal property, we may sell it if the jaw allows us to do so end after giving you any required notice Sale of the Repossessed Vehicle. We will send you a wntten notice of sale before we sell the Vehicle. We will apply money from a sale to our expenses and then to amounts you owe under this Contract. Our expenses may include costs incurred by us in repossessing the Vehicle, holding and storing it, preparing it for sale. and selling it. If there is money left over, we will pay it to you unless. we afe required io pay it to someone else If there is not enough money to pay all you owe, you will have to pay us the remaining balance. Collection Costs. If we refer this Contract for collection or enforcement to an attorney who is not our salaried emplayee, you agree to pay our reasonable attorney fees, plus court costs. The attorney fees will not exceed 15% of the principai and finance charge or interest owed under the Contract at the time of the referral Application of Payments and Partial Prepayments. We may apply each payment to earned and unpaid finance charge and to other amounts you owe under this Contract in any order we choose. if you make @ partial prepayment you must still continue to make your regular monthly payments as scheduled in this Contract. Oalay in Enforcing Rights. We will not tose any of our rights under this Contract if we delay or refrain from enforcing them. For example, we may extend the time for making some payments withoutMMNBNGS TOF yOU ang all proceecs irom any insurance, service, of other contracts on the Vehicle, including refunds of premiums or charges from the contracts we finance for you. The security interest you are giving us secures all amounts owed by you under this Contract and all the other agreements you havs made in this Contract Optional Service or GAP Contracts. This Contract may contain charges for an optional service ar GAP contract. If yau are in default under this Contract, you agree that we may claim benefits under any optional contract or cancel it to obtain a refund for unearned charges and reduce amounts you owe. If you cancel an optional contract, you authorize us to receive any refund for unearned charges and apply it to what you owe under this Contract extending others. Our acceptance of any late or partial payment does not excuse your late or partial payment or mean that you may continue to make late or partial payments. Communications, You agree that we may monitor and record telephone calls regarding this Contract. You expressly consent that we may contact you (by calls, emails, text messages or other electronic messages) for any purpose related to this Contract by any means, including but not limited to the use of prerecorded/artificial voice messages or automatic telephone dialing devices. Your express consent applies to any email addresses or telephone numbers we obtain or you provide in any manner and at any time, including email addresses or cellular telephone numbers for which you may incuf voice, data or other charges. This Contract has 4 pages, plus any optional GAP Waiver Agreement. This is Page 2. By initialing below you represent that ve read and agree to ail provisions on all pages. Buyer's Initi Co-Buyer's Initials Printed 13/0§72013 05 30 pm 1 of 1 OMS Tracking + Repeni # 0 IMA RETAIL INSTALLMENT CONTRACT Other Important Agreements ARBITRATION PROVISION This Arbitration Provision describes when and how a Claim (defined below) shall be arbitrated. Arbitration is a way of resolving disputes before one or more neutral persons, instead of having a trial in court before a judge and/or jury. igning this Conte: in hi terms of this Arbitration Provision, For purposes of this Arbitration Provision, references to "we," “us” and "our" mean the Seller, including its respective subsidiaries, affiliates, agents, employees and officers, or anyone to whom the Seller transfers its rights under the Contract. IF YOU OR WE CHOOSE ARBITRATION, THEN ARBITRATION SHALL BE MANDATORY, AND: « ANY CLAIM WILL BE DECIDED BY ARBITRATION AND NOT IN COURT OR BY A JURY TRIAL. « DISCOVERY AND RIGHTS TO APPEAL ARE LIMITED BY THE ARBITRATION RULES OF THE ARBITRATION ADMINISTRATOR. * YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION ("CLASS ACTION WAIVER"). * OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. a. What Claims are Covered. A "Claim" is any claim, dispute or controversy between you and us that in any way arises from or relates to this consumer credit sale, the purchase you are financing by way of this Contract, the Vehicle and related goods and services that are the subject of the purchase and this Contract, or the collection or servicing of this Contract, including but not limited to: * Initial claims, counterclaims, cross-claims and third-party claims, * Disputes based on contract, tort, consumer rights, fraud and other intentional torts (at law or in equity, including any claim for injunctive or declaratory relief): * Disputes based on constitutional grounds or on faws, regulations, ordinances or similar provisions, and * Disputes about the validity, enforceability, arbitrability or scope of this Arbitration Provision or this Contract, subject to paragraph (f) of this Arbitration Provision. b. Commencing Arbitration. Either you or we may require any Claim to be arbitrated by first sending to the other party, by certified mail, a written notice of dispute ("Notice"). This Notice shall (1) describe the nature and basis of the Claim and (2) set forth the specific relief sought. If we do not reach an agreement to resolve the Claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding Arbitration of a Claim must comply with this Arbitration Provision and the applicable rules and procedures of the arbitration Administrator. Arbitration is not mandatory for an individual Claim that you or we may choose to bring in small claims court or the state's equivalent court, if any. If that Claim is transferred, removed or appealed to a different court, you or we then may choose arbitration. ¢, Choosing the Administrator, If you initiate the arbitration proceeding, you may choose either of the following arbitration Administrators: (1) American Arbitration Association, 1633 Broadway, 10” Floor, New York, NY 10019, www.adr.org, (800) 778-7879 or (2) JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614, www jamsadr.com, (800) 352-5267. The Administrator you choose will have rules that apply to the proceeding. Important information regarding the arbitration process and more complete information regarding arbitration procedures may be found at either Administrator's website. If the Administrator you choose is unable or unwilling or ceases to serve as the Administrator, you or we may choose the other Administrator {f both Administrators are unable or unwilling or cease to serve as the Administrator, you or we may choose another Administrator, subject to the other's approval. In all cases. any arbitrator must be a lawyer or a retired judge with at least 10 years of legal experience If we initiate the arbitration proceeding. we will give you 20 days to choose the Administrator. If you do not choose the Administrator within that time, we will choose one for you No matter which Administrator is chosen, you shall have the right to be represented by an attorney of your own choosing, subject to any limitations in the Administrator's rules d. Choosing the Location. Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence. e. Paying for Arbitration. Each Administrator charges fees to administer an arbitration proceeding This may include fees not charged by a court. When you choose an Administrator, you should carefully review the fees charged by the Administrator. The party that initiates the arbitration shall pay the initial filing fee, and fees and costs thereafter shall be paid in accordance with the tules and procedures of the Administrator. Each party must pay the expense of that party's attorneys, experts, and witnesses, regardless of which party prevaits in the arbitration, unless applicable law or the Administrator's rules, procedures or standards provide otherwise. s Action Waiver. You give up your right to participate ina class action. This means that you may not be a representative or member f Ch tion with respect to any Claim. Further, unless both you and of any class of claimants or act as a private attorney general In court or In arb!we agree otherwise, the arbitrator may not consolidate more than one persons Ulam OF eins. eae i ee eee mnt benite ar unite the: Provision, the validity and effect of the Class Action Waiver must be determined only by a court and not by an arbitrator. If a court limits or voids the Class Action Waiver, then this entire Arbitration Provision (except for this paragraph) will be null and void g. Right to Discovery. The parties shall have the right to discovery of non-privileged information and documents relevant to the Claim, subject to the rules and procedures of the Administrator. h. Arbitration Result and Right of Appeal. Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. In response to a timely request from either party, the arbitrator must provide a brief written explanation of the basis for any award. The arbitrators decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act. Any party can appeal the award to a three-arbitrator panel administered by the Administrator, which must reconsider any aspect of the initial award requested by the appealing party Reference in this Arbitration Provision to the "arbitrator" means the panel of arbitrators if an appeal of the arbitrator's decision has bean taken. Subject to applicable law, costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal, unless applicable law or the Administrator's rules provide otherwise. However, we will consider any good faith, reasonable request for us to pay all or any part of those fees if you are the appealing party |. Governing Law. This Arbitration Provision is governed by the Federal Arbitration Act and not by any state arbitration law. The arbitrator must apply applicable statutes of limitations and claims of privilege recognized at law, and applicable substantive law consistent with the Federal Arbitration Act The arbitrator is authorized 1o award all individual remedies permitted by the substantive law that would apply if the action were pending in court J. Rules of Interpretation. This Arbitration Provision survives the repayment of all armounts owed to us, the transfer of the Contract, and any bankruptcy by you, to the extent not inconsistent with applicable bankruptcy law. Except as provided in paragraph (f), if any part of this Arbitration Provision is determined to be invalid or unenforceable, this Arbitration Provision and the Contract will remain enforceable. In the event of a conflict or inconsistency between this Arbitration Provision and the applicable arbitration rules or the other provisions of this Contract or any other contract between you and us, this Arbitration Pravision will govern. This Contract has 4 pages, plus any optional GAP Waiver Agreement. This is Page 3. By initialing below you represent that you have read and agree to all provisions on all pages. Buyer's Initials ¢ Ee Co-Buyer's Initials RETAIL INSTALLMENT CONTRACT Other Important Agreements NO LIABILITY INSURANCE INCLUDED LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED IN THIS CONTRACT. PROPERTY INSURANCE: YOU ARE REQUIRED TO OBTAIN AND MAINTAIN INSURANCE ON THE VEHICLE, ENDORSED TO PROTECT US AS LOSS-PAYEE. YOU MAY OBTAIN THE INSURANCE FROM ANY AGENT OR INSURANCE COMPANY YOU CHOOSE REASONABLY ACCEPTABLE TO US. YOUR INSURANCE INFORMATION LIENHOLOER/Loss-pavec American Credit Acceptance INsuRED'S NaMe_STEPHEN D FULLER PHYSICAL DAMAGE DEDUCTIBLES - COMPREHENSIVE $__ 500.00 COLLISION $ 800.00 | INSURANCE CoMPANY ACCEPTANCE INS pocy uMeeR I re cTIVE DATE 10/07/2012 __ Expiration pate 10/07/2014 INSURANCE AGENT NAME __ ACCEPTANCE INS TELEPHONE NUMBER _(888) 922-7767 You agree that you have or will obtain the required insurance coverage as shown above and you acknowledge that this is | required by the Insurance Requirements section on Page 2 of this Contract. USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. SPANISH TRANSLATION: GUIA PARA COMPRADORES DE VEHICULOS USADOS. LA INFORMACION QUE VE EN EL FORMULARIO DE LA VENTANILLA PARA ESTE VEHICULO FORMA PARTE DEL PRESENTE CONTRATO. LA INFORMACION DEL FORMULARIO DE LA VENTANILLA DEJA SIN EFFECTO TODA DISPOSICION EN CONTRARIO CONTENIDA EN EL CONTRATO DE VENTA. The following notice applies only to purchases primarily for personal, family, or household purposes. NOTICE) ANY MOLDER UF TRIS CONSUMER CREUIT CONTRACT to SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID | BY THE DEBTOR HEREUNDER. t VEHICLE RETURN POLICY You may return the Vehicle to CarMax for a refund and rescind this Contract within 5 calendar days if the condition of the Vehicle does not change. This policy only applies to used vehicles. ENTIRE AGREEMENT | This Contract contains the entire agreement between you and us relating to this Contract. We may agree to extend or defer a payment and provide you written confirmation. Any other change to this Contract must be in a writing signed by us. No oral modifications to this Contract are binding. Notice to the Buyer | Do not sign this Contract before you read it or if it contains any blank spaces. You are entitled to an exact copy of the Contract you sign. This Contract has 4 pages, plus any optional GAP Waiver Agreement. This is Page 4. By signing below you reprasent that you have read and agree to ail provisions on all pages, including the Arbitration Provision on Page 3 of this Contract. You are also canfirming that you have received a completely filled-in copy of this Contract and any optional GAP Waiver Agreement, each of which has been signed by the Seller. Seller CarMax Auto Sypaerstores, inc. Buyer's Signat : ~ Co-Buyer's Signature, ASSIGNMENT Seller hereby sells, assigns and transfers to American Credit Acceptance abligations of Buyer and Co-Buyer hereunder, all rights. powers, and privileges herein given to Seller, and all right, title, and interest of Saller in and to the property securing this Contract. if on the date of this assignment there is in effect a Dealer Agreement between Seller and Assignee pertaining to the sale of contracts ta Assignee by Seller, the sale and assignment of this Contract to Assignee is made subject to all the terms and conditions of that Dealer aa Agreement Soy SellerAssignor Ci ee pate Nov 05, 2013 vile Bad 2104 (Assignee) this Contract, all