PLAZA SERVICES, LLC v. AMANDA CRITTENDEN

IN THE DISTRICT COURT OF DELAWARE COUNTY, STATE OF OKLAHOMA PLAZA SERVICES, LLC Plaintiff, -vs- AMANDA CRITTENDEN Defendant(s). Case No. 05-2026-92 PETITION FOR BREACH OF CONTRACT COMES NOW the Plaintiff and for its cause of action states as follows: 1. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of SOUTH DAKOTA; the debt sued upon arose in and Plaintiff’s cause of action accrued in the State of Oklahoma. 2. That at least one of the Defendant(s) reside(s) in or may be found in DELAWARE County, Oklahoma and within the venue of this court. 3. That upon application by the Defendant(s), the Defendant(s) did enter into a Retail Installment Contract and Security Agreement ("Agreement") with EAN HOLDINGS, LLC, which has heretofore been assigned and sold to various parties and ultimately to Plaintiff for good and valuable consideration, to borrow a sum of money to purchase a vehicle. A copy of said Agreement is attached hereto and incorporated herein by reference as if set forth at this point in full and verbatim. 4. That the Defendant(s) did fail to perform the obligations under the Agreement and are therefore in default. 5. That if required by law or the Agreement, AMERICAN CREDIT ACCEPTANCE notified the Defendant of his/her/their default and right to cure, but Defendant failed to cure said default. 6. That AMERICAN CREDIT ACCEPTANCE repossessed the vehicle under the terms of the Retail Installment Contract and Security Agreement, and the vehicle was then sold in a commercially reasonable manner. 7. That AMERICAN CREDIT ACCEPTANCE notified the Defendant of the sale and any deficiency remaining after the sale. 8. That the deficiency after the sale is $12,754.62. 9. Pursuant to the contract attached hereto, Plaintiff is entitled to reasonable attorney fees. 10. Plaintiff declares under penalty of perjury that Defendant(s) AMANDA CRITTENDEN is/are not in the Armed Forces for the United States, verified on 02/04/2026 via the U.S. Department of Defense website. WHEREFORE, Plaintiff prays for Judgment against Defendant(s) in the amount of: Amount claimed: $12,754.62; Interest: at the rate of 8.75% per annum from the date of Judgment until paid; Attorney fees; All costs herein expended, including but not limited to court costs, sheriff’s fees, and any costs for service of the summons(es). Respectfully submitted, FABER AND BRAND L.L.C. BY: ____________________________ Michael L. Foster OK #20701 Jason P. Gubbins OK #22576 P.O. Box 10110 Columbia, Missouri 65205-4000 (888) 233-3141 (573) 442-1072 FAX [email protected] ATTORNEY FOR PLAINTIFF THIS IS A COMMUNICATION FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. F&B Acct. No: 583948 AFFIDAVIT OF ACCOUNT & VERIFICATION OF BUSINESS RECORDS STATE OF GEORGIA COUNTY OF COBB Before me, the undersigned authority, personally appeared Jason H. Rheaume, who, being by me duly sworn deposes and states: I am capable of making this affidavit and personally acquainted with the facts herein stated: I am in charge of the records for PLAZA SERVICES, LLC a LIMITED LIABILITY COMPANY organized and existing under the laws of the State of SOUTH DAKOTA. In such capacity I am the custodian of the business records of such company and attached hereto are the pages of records which are kept and maintained under my control and supervision in the regular course of business by employees or representatives of the company with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or transmit information thereof to be included in such record; and the record was made at or near the time of the act, event, condition, opinion or diagnosis. The attached statement of account and supporting documentation are business records of PLAZA SERVICES, LLC so kept, and such statement as well as the various items thereof are within my personal knowledge just true and correct, and the originals or exact duplicates of the originals and the balance of $12,754.62 shown thereon is due and owing over and above all payments, credits and set offs, by AMANDA CRITTENDEN to such company. Charges for the above referenced services are reasonable, and the services were necessary. To the best of my knowledge and belief, the Defendant(s), AMANDA CRITTENDEN, is/are not on active duty status in the Armed Forces for the United States nor any branch thereof. Defendant(s) is/are not an infant or incompetent person. Jason H. Rheaume Authorized Agent In witness whereof I have hereunto subscribed my name and affixed my official seal the 18 day of February, 2024. Notary Public My commission Expires: 9/30/2029 EXHIBIT B BILL 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 Plaza Services, LLC, a limited liability company formed under the laws of South Dakota with an office at 110 Hammond Drive, Suite 110, Atlanta, GA 30328, ("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 September 15, 2024 with respect to the Accounts. All the information contained in Seller’s Account information (a) constitutes Seller’s business records regarding the Accounts and (b) accurately reflects in all material respects the information about the Accounts in Seller’s possession. All Seller’s Account information has been kept in the regular course of Seller’s business and was made or compiled at or near the time of the event and recorded by (or from information transmitted by) a person (i) with knowledge of the data entered into and maintained in Seller’s business records or (ii) who caused the data to be entered into and maintained in Seller’s business records. It is the regular practice of Seller’s business to maintain and compile such data. 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 December 11, 2024 (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 South Carolina without regard to the conflicts-of-laws rules thereof. DATED: December 11, 2024 SELLER: By: ____________________________ Name: Al Ciafre Title: CFO STATE OF SOUTH CAROLINA COUNTY OF SPARTANBURG On December__, 2024, before me the undersigned officer, personally appeared Al Ciafre, who acknowledged him/herself to be the CFO 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. Suzanne Kay Brockman Commissioner of the Superior Court Record Number: ____________________________ <table> <tr><th>Account_Number</th><td>[REDACTED]</td></tr> <tr><th>Loan_Number</th><td>[REDACTED]</td></tr> <tr><th>Borrower_First_Name</th><td>AMANDA</td></tr> <tr><th>Borrower_Last_Name</th><td>CRITTENDEN</td></tr> <tr><th>Borrower_Address</th><td>[REDACTED]</td></tr> <tr><th>Borrower_City</th><td>[REDACTED]</td></tr> <tr><th>Borrower_State</th><td>[REDACTED]</td></tr> <tr><th>Borrower_ZipCode</th><td>[REDACTED]</td></tr> <tr><th>Borrower_Home_Phone</th><td>[REDACTED]</td></tr> <tr><th>Borrower_Employer_Phone</th><td>[REDACTED]</td></tr> <tr><th>Borrower_Cell_Phone</th><td>[REDACTED]</td></tr> <tr><th>Borrower_Employer</th><td>[REDACTED]</td></tr> <tr><th>SSN</th><td>[REDACTED]</td></tr> <tr><th>Borrower_DateOfBirth</th><td>[REDACTED]</td></tr> <tr><th>Borrower_Email</th><td>[REDACTED]</td></tr> <tr><th>CO_Borrower_First_Name</th><td>[REDACTED]</td></tr> <tr><th>CO_Borrower_Last_Name</th><td>[REDACTED]</td></tr> <tr><th>CO_Borrower_Address</th><td>[REDACTED]</td></tr> <tr><th>CO_Borrower_City</th><td>[REDACTED]</td></tr> <tr><th>CO_Borrower_State</th><td>[REDACTED]</td></tr> <tr><th>CO_Borrower_ZipCode</th><td>[REDACTED]</td></tr> <tr><th>CO_Borrower_HomePhone</th><td>[REDACTED]</td></tr> <tr><th>CO_Borrower_Employer_Phone</th><td>[REDACTED]</td></tr> <tr><th>CO_Borrower_CellPhone</th><td>[REDACTED]</td></tr> <tr><th>CO_Borrower_Employer</th><td>[REDACTED]</td></tr> <tr><th>CO_Borrower_SSN</th><td>[REDACTED]</td></tr> <tr><th>CO_Borrower_DateOfBirth</th><td>[REDACTED]</td></tr> <tr><th>CO_Borrower_Email</th><td>[REDACTED]</td></tr> <tr><th>Balance_Original</th><td>$18,486.00</td></tr> <tr><th>Loan_Term</th><td>72</td></tr> <tr><th>Original_APR</th><td>21.00%</td></tr> <tr><th>Last_Payment_Amount</th><td>$550.00</td></tr> <tr><th>Number_of_Payments_Made</th><td>38</td></tr> <tr><th>ChargeOff_Amount</th><td>$12,527.79</td></tr> <tr><th>ChargeOff_Accrued_Interest</th><td>$1,179.13</td></tr> <tr><th>ChargeOff_Accrued_Fees</th><td>$378.70</td></tr> <tr><th>Repo_Fees</th><td>$815.00</td></tr> <tr><th>Total_Due_At_CO</th><td>$14,900.62</td></tr> <tr><th>Principal_Balance</th><td>$12,375.92</td></tr> <tr><th>AccruedInterest_PriorToChargeoff</th><td>$0.00</td></tr> <tr><th>AccruedFees_PriorToChargeoff</th><td>$378.70</td></tr> <tr><th>Repo_Fees_Due</th><td>$0.00</td></tr> <tr><th>Deficiency_Balance</th><td>$12,754.62</td></tr> </table> <table> <tr> <th>Post_CO_Interest_Removed</th> <td>$0.00</td> </tr> <tr> <th>Post_CO_Non-Repo_Fees_Removed</th> <td>$0.00</td> </tr> <tr> <th>Balance_Net_of_Post_CO_Fees</th> <td>$12,754.62</td> </tr> <tr> <th>Bulk_Acquisition_Flag</th> <td>0</td> </tr> <tr> <th>Origination_Channel</th> <td></td> </tr> <tr> <th>Bulk_Acquisition_Date</th> <td></td> </tr> <tr> <th>Payments_Made_Since_CO</th> <td>$2,146.00</td> </tr> <tr> <th>Open_Date</th> <td>09/27/2023</td> </tr> <tr> <th>Contract_Date</th> <td>03/25/2020</td> </tr> <tr> <th>Last_Payment_Date</th> <td>04/20/2023</td> </tr> <tr> <th>First_Delinquency_Date</th> <td>05/09/2023</td> </tr> <tr> <th>ChargeOff_Date</th> <td>09/27/2023</td> </tr> <tr> <th>Collateral_VIN</th> <td>[REDACTED] 4337</td> </tr> <tr> <th>Collateral_Make</th> <td>Chevrolet</td> </tr> <tr> <th>Collateral_Model</th> <td>Malibu</td> </tr> <tr> <th>Collateral_Year</th> <td>2018</td> </tr> <tr> <th>Repo_Date</th> <td>06/29/2023</td> </tr> <tr> <th>Auction_Sold_Date</th> <td>09/22/2023</td> </tr> <tr> <th>Collateral_SaleProceeds</th> <td>$2,600.00</td> </tr> <tr> <th>Collateral_SaleType</th> <td>Auction</td> </tr> <tr> <th>Auction_Gross_Proceeds</th> <td>$2,600.00</td> </tr> <tr> <th>Auction_Fees</th> <td>$454.00</td> </tr> <tr> <th>Insurance_Proceeds</th> <td>$0.00</td> </tr> <tr> <th>Warranty_Refunds</th> <td>$364.02</td> </tr> <tr> <th>Repo_Fees_Charged_Post_CO</th> <td>$0.00</td> </tr> <tr> <th>Repo_Fees_Charged_Ltd</th> <td>$815.00</td> </tr> <tr> <th>Dealership_Name</th> <td>Enterprise Car Sales Tulsa</td> </tr> <tr> <th>Dealership_State</th> <td>OK</td> </tr> <tr> <th>Dealer_City</th> <td>Tulsa</td> </tr> <tr> <th>Dealer_Address_1</th> <td>4101 S Sheridan</td> </tr> <tr> <th>Dealer_Zip</th> <td>74145-1117</td> </tr> <tr> <th>GL_Group</th> <td>SPG</td> </tr> <tr> <th>Dealer_DBA_Name</th> <td>ENTERPRISE CAR SALES TULSA</td> </tr> <tr> <th>Sale Balance</th> <td>$12,754.62</td> </tr> <tr> <th>Post Cutoff Pmts</th> <td>$0.00</td> </tr> </table> RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Buyer Name and Address (Including County and Zip Code) Amanda Crittenden Co-Buyer Name and Address (Including County and Zip Code) N/A Seller-Creditor (Name and Address) EAN Holdings, LLC d/b/a Enterprise Car Sales 4101 S. SHERIDAN RD. Tulsa, OK, 74145 You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements in this contract. You agree to pay the Seller - Creditor (sometimes “we” or “us” in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract. <table> <tr> <th>New/Used</th> <th>Year</th> <th>Make and Model</th> <th>Odometer</th> <th>Vehicle Identification Number</th> <th>Primary Use For Which Purchased</th> </tr> <tr> <td>Used</td> <td>2018</td> <td>CHEVROLET Malibu</td> <td>42746</td> <td>[REDACTED] 4337</td> <td>Personal, family, or household unless otherwise indicated below<br>☐ business<br>☐ agricultural<br>☐ [OTHER]</td> </tr> </table> FEDERAL TRUTH-IN-LENDING DISCLOSURES <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of your credit as a yearly rate.</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost you.</th> <th>Amount Financed<br>The amount of credit provided to you or on your behalf.</th> <th>Total of Payments<br>The amount you will have paid after you have made all payments as scheduled.</th> <th>Total Sale Price<br>The total cost of your purchase on credit, including your down payment of $______.</th> </tr> <tr> <td>21.00%</td> <td>$14,440.32</td> <td>$18,486.00</td> <td>$32,926.32</td> <td>$32,926.32</td> </tr> </table> 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: Guía para compradores de vehículos usados. La información que ve en el formulario de la ventana para este vehículo forma parte del presente contrato. La información del formulario de la ventana deja sin efecto toda disposición en contrario contenida en el contrato de venta. Your Payment Schedule Will Be: (e) means an estimate <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>72</td> <td>457.31</td> <td>Monthly beginning 05/09/2020</td> </tr> </table> Or As Follows: Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of $26.00 or 5% of the part of the payment that is late, whichever is greater. Prepayment. If you pay early, you will not have to pay a penalty. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date and security interest. Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement to arbitrate. Buyer Signs /s/ Amanda Crittenden Co-Buyer Signs X ________ NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. The preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract. HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding. Buyer Signs /s/ Amanda Crittenden Co-Buyer Signs X ________ If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others. See the rest of this contract for other important agreements. ITEMIZATION OF AMOUNT FINANCED 1 Cash Price (including $________ N/A sales/excise tax) $______15,299.00_(1) 2 Total Downpayment = Trade-in __________________________________________________________ (Year) (Make) (Model) Gross Trade-In Allowance $________ N/A Less Pay Off Made By Seller $________ N/A Equals Net Trade In $________ 0.00 + Cash $________ N/A + Other N/A $________ N/A + Other ________________________________ $________ N/A + Other ________________________________ $________ N/A (If total downpayment is negative, enter "0" and see 4(b) below) $________ 0.00_(2) 3 Unpaid Balance of Cash Price (1 minus 2) $________ 15,299.00_(3) 4 Other Charges Including Amounts Paid to Others on Your Behalf (Seller may keep part of these amounts): A Cost of Optional Credit Insurance Paid to Insurance Company or Companies: Life $________ N/A Disability $________ N/A B Vendor's Single Interest Insurance Paid to Insurance Company $________ N/A C Other Optional Insurance Paid to Insurance Company or Companies $________ N/A D Optional Gap Contract $________ 750.00 E Official Fees Paid to Government Agencies to _______________________ for _________________________ $________ N/A to N/A for N/A $________ N/A to _______________________ for _________________________ $________ N/A F Government Taxes Not Included in Cash Price $________ N/A G Government License and/or Registration Fees $________ N/A H Government Certificate of Title Fees $________ N/A I Other Charges (Seller must identify who is paid and describe purpose.) to _______________________ for Prior Credit or Lease Balance $________ N/A to USP Corp for Tire & Wheel $________ 350.00 to USP Corp for Service $________ 1,888.00 to Seller for Processing Fee $________ 199.00 to _______________________ for _________________________ $________ N/A to _______________________ for _________________________ $________ N/A to _______________________ for _________________________ $________ N/A to _______________________ for _________________________ $________ N/A Total Other Charges and Amounts Paid to Others on Your Behalf $________ 3,187.00_(4) 5 Amount Financed (3 + 4) $________ 18,486.00_(5) OPTION: □ You pay no finance charge if the Amount Financed, Item 5, is paid in full on or before ______ N/A ______ Year N/A ______ SELLER'S INITIALS __________ NO COOLING OFF PERIOD State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract, you may only cancel it if the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales. OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy a gap contract, the charge is shown in Item 4D of the Itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract. Term ___72___ Mos. __AHIS__ Name of Gap Contract I want to buy a gap contract. Buyer Sign: X Amanda Cittenden Returned Check Charge: You agree to pay a charge of $____25.00___ if any check you give us is dishonored. Insurance. You may buy the physical damage insurance this contract requires from anyone you choose who is acceptable to us. You may also provide the physical damage insurance through an existing policy owned or controlled by you that is acceptable to us. You are not required to buy any other insurance to obtain credit unless the box indicating "Vendor's Single Interest Insurance is required is checked on page 1 of this contract. If any insurance is checked below, policies or certificates from the named insurance companies will describe the terms and conditions. Check the insurance you want and sign below: Optional Credit Insurance □ Credit Life: □ Buyer □ Co-Buyer □ Both □ Credit Disability: □ Buyer □ Co-Buyer □ Both Premium: Credit Life $ N/A Credit Disability $ N/A Insurance Company Name N/A Home Office Address N/A Credit life insurance and credit disability insurance are not required to obtain credit. Your decision to buy or not buy credit life insurance and credit disability insurance will not be a factor in the credit approval process. They will not be provided unless you sign and agree to pay the extra cost. If you choose this insurance, the cost is shown in Item 4A of the Itemization of Amount Financed. Credit life insurance is based on your original payment schedule. This insurance may not pay all you owe on this contract if you make late payments. Credit disability insurance does not cover any increase in your payment or in the number of payments. Coverage for credit life insurance and credit disability insurance ends on the original due date for the last payment unless a different term for the insurance is shown below. Other Optional Insurance □ N/A ______ N/A Type of Insurance Term Premium $__N/A__ Insurance Company Name N/A Home Office Address N/A Other optional insurance is not required to obtain credit. Your decision to buy or not buy other optional insurance will not be a factor in the credit approval process. It will not be provided unless you sign and agree to pay the extra cost: I want the insurance checked above. X Buyer Signature Date: _______ X Co-Buyer Signature Date: _______ THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS. LAW 553-OK-ARB-eps 7/19-v1 Page 2 of 5 OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed. b. How we will apply payments. We may apply each payment to the earned and unpaid part of the Finance Charge, to the unpaid part of the Amount Financed and to other amounts you owe under this contract in any order we choose as the law allows. c. How late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Price shown on page 1 of this contract, on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Charges may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled payment with a smaller final payment. We will send you a notice telling you about these charges before the final scheduled payment is due. d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financed at any time without penalty. If you do so, you must pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment. e. Your right to refinance a balloon payment. A balloon payment is a scheduled payment that is more than twice as large as the average of your earlier scheduled payments. If you are buying the vehicle primarily for personal, family or household use, you have the right to refinance the balloon payment when due without penalty. The terms of the refinancing will be no less favorable to you than the terms of this contract. This provision does not apply if we adjusted your payment schedule to your seasonal or irregular income. 2. YOUR OTHER PROMISES TO US: a. If the vehicle is damaged, destroyed, or missing. You agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed, or missing. b. Using the vehicle. You agree not to remove the vehicle from the U.S. or Canada, or to sell, rent, lease, or transfer any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle; you agree to repay the amount when we ask for it. c. Security Interest. You give us a security interest in: - The vehicle and all parts or goods put on it; - All money or goods received (proceeds) for the vehicle; - All insurance, maintenance, service, or other contracts we finance for you; and - All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts. This secures payment of all you owe on this contract. It also secures your other agreements in this contract. You will make sure the title shows our security interest (lien) in the vehicle. You will not allow any other security interest to be placed on the title without our written permission. d. Insurance you must have on the vehicle. You agree to have physical damage insurance covering loss of or damage to the vehicle for the term of this contract. The insurance must cover our interest in the vehicle. You agree to name us on your insurance policy as an additional insured and as loss payee. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to buy physical damage insurance, we may either buy insurance that covers your interest and our interest in the vehicle, or buy insurance that covers only our interest. If we buy either type of insurance, we will tell you which type and the charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on page 1 of this contract: If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle. e. What happens to returned insurance, maintenance, service, or other contract charges. If we get a refund of insurance, maintenance, service, or other contract charges, you agree that we may subtract the refund from what you owe. 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late charges. You will pay a late charge on each late payment as shown on page 1 of this contract. Acceptance of a late payment does not excuse your late payment or mean that you may keep making late payments. If you pay late, we may also take the steps described below. b. You may have to pay all you owe at once. If you break your promises (default), we may demand that you pay all you owe on this contract at once. Default means: • You do not pay any payment on time; • You give false, incomplete, or misleading information during credit application; • You start a proceeding in bankruptcy or one is started against you or your property; or • You break any agreements in this contract. The amount you will owe will be the unpaid part of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because you defaulted. c. You may have to pay collection costs. If we hire an attorney who is not our salaried employee to collect what you owe, you will pay the attorney's fee and court costs the law permits. The maximum attorney's fee you will pay will be 15% of the amount you owe, unless a court awards an additional amount. d. We may take the vehicle from you. If you default, we may take (repossess) the vehicle from you if we do so peacefully and if the law allows it. If your vehicle has an electronic tracking device (such as GPS), you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement parts will stay with the vehicle. If any personal items are in the vehicle, we may store them for you. If you do not ask for these items back, we may dispose of them as the law allows. e. How you can get the vehicle back if we take it. If we repossess the vehicle, you may pay to get it back (redeem). We will tell you how much to pay to redeem. Your right to redeem ends when we sell the vehicle. f. We will sell the vehicle if you do not get it back. If you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle. We will apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs, if the law permits, are also allowed expenses. If any money is left (surplus), we will pay it to you unless the law requires us to pay it to someone else. If money from the sale is not enough to pay the amount you owe, you must pay the rest to us unless the law provides otherwise. If you do not pay this amount when we ask, we may charge you interest at a rate not exceeding the highest lawful rate until you pay. g. What we may do about optional insurance, maintenance, service, or other contracts. This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, you agree that we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe. 4. WARRANTIES SELLER DISCLAIMS Unless the Seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. 5. SERVICING AND COLLECTION CONTACTS You agree that we may try to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and automatic telephone dialing systems, as the law allows. You also agree that we may try to contact you in these and other ways at any address or telephone number you provide us, even if the telephone number is a cell phone number or the contact results in a charge to you. 6. APPLICABLE LAW Federal law and the law of the state of Oklahoma apply to this contract. ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 (www.adr.org), or any other organization to conduct the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you reside unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was executed. We will pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $5000, unless the law or the rules of the chosen arbitration organization require us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. You and we retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Provision shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable. The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights. You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You acknowledge that you have read all pages of this contract, including the arbitration provision above, before signing below. You confirm that you received a completely filled-in copy when you signed it. Buyer Signs Amanda Cittenden Date 03/25/2020 Co-Buyer Signs X Date 03/25/2020 If the “business” use box is checked in “Primary Use for Which Purchased”: Print Name ___________________________ Title ___________________________ Co-Buyers and Other Owners — A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract. Other owner signs here X N/A Address N/A Seller signs ___________________________ Date 03/25/2020 By X Title Manager Seller assigns its interest in this contract to American Credit Acceptance, LLC (Assignee) under the terms of Seller’s agreement(s) with Assignee. ☐ Assigned with recourse ☒ Assigned without recourse ☐ Assigned with limited recourse Seller EAN Holdings, LLC By ___________________________ Title Manager Explanation of Calculation of Surplus or Deficiency Date: 09/28/2023 Re: Account No. ____________ Retail Installment Sale or Credit Sale Contract dated 03/25/2020 ("Agreement") 2018 CHEVROLET Malibu VIN ____________4337 ("Vehicle") Dear AMANDA DEONA CRITTENDEN: Please be advised that we disposed of the Vehicle on 09/22/2023. 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 09/26/2023 $13,706.92 2. Rebate of unearned finance charges as of 09/28/2023 if any - $0.00 3a. Earned and unpaid finance charges incurred since 09/22/2023 + $0.00 3b. Accrued and unpaid late fees + $228.70 4. Net balance due (1 minus 2 plus 3) = $13,935.62 5. Gross proceeds from the sale of the Vehicle - $2,600.00 6. Subtotal after deducting proceeds of sale (4 minus 5) = $11,335.62 7. Costs of retaking the Vehicle $815.00 8. Costs of storing the Vehicle + $0.00 9. Costs of preparing the Vehicle for sale + $250.00 10. Costs of selling the Vehicle + $204.00 11. Attorneys' fees and court costs + $0.00 12. Other costs: The sum of all unpaid NSF fees + $150.00 13. Total Costs (7 through 12) = $1,419.00 14. Credit: Rebate of unearned insurance premiums $0.00 15. Credit: The sum of all warranty rebates applied since 2023-09-26 + $0.00 16. Credit: The sum of all payments and reversals applied since 2023-09-26 + $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) = $12,754.62 (The checked box applies to you). ☒ Deficiency balance for which you are liable and for which demand* is hereby made $12,754.62 ** ☐ No deficiency balance is owed because the cash price of the vehicle was less than the minimum under state law. ☐ Surplus balance will be remitted to you separately $__________.** ☐ Surplus balance paid to a subordinate party $__________. **Future debits, credits, charges, finance charges or interest, rebates or other expenses may affect this amount. If you need more information about the transaction call us at 866-544-3430 or write us at 961 E. Main St 2nd Floor Spartanburg, SC 29302. * This is an attempt to collect a debt. Any information obtained will be used for that purpose.* Sincerely, Greg Tigani Chief Servicing Officer We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults 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. Notice of Our Plan to Sell Property TO PO 159956-1-6-1 - 193 000193 AMANDA DEONA CRITTENDEN Re: Account No.[REDACTED] Retail Installment Sale Contract dated 03/25/2020 ("Agreement") Vehicle: 2018 CHEVROLET Malibu VIN [REDACTED]4337 ("Vehicle") Dear AMANDA DEONA CRITTENDEN: We have your Vehicle because you broke promises in our Agreement. (The checked box below applies to you). ☐ 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 07/13/2023. 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 ☐ 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: *SThis is an attempt to collect a debt, any information obtained will be used for that purpose.* Sincerely, Greg Tigani Chief Servicing Officer We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults 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.