IN THE DISTRICT COURT OF CREEK COUNTY
STATE OF OKLAHOMA
SABER ACCEPTANCE CO., L.L.C.,
Plaintiff,
vs.
TY’LEESHA J. STANLEY,
Defendant.
Case No.: CS-2026-
PETITION TO RECOVER ON A RETAIL INSTALLMENT SALES CONTRACT
COMES NOW Saber Acceptance Co., L.L.C., and as its cause of action against the Defendant states that:
1. The debt that is the basis for this action was assigned to Plaintiff. The original maker of the indebtedness is the Defendant who resides in CREEK County, State of Oklahoma or the debt was contracted in CREEK County.
2. The Defendant executed and delivered to Regal Car Sales and Credit, LLC, a Retail Installment Sales Contract a copy of which is attached hereto as Exhibit "A" and incorporated by reference as if set forth in full herein. Said Retail Installment Sales Contract was subsequently assigned to the Plaintiff.
3. The Defendant has breached the terms of the aforesaid Retail Installment Sales Contract by failing, neglecting, and/or refusing to make the payments due pursuant to the terms of said contract. The contract specifies an interest rate of 21% after said default.
4. After giving the Defendant full credit for all payments, offsets, and all other credits, the amount due and owing to the Plaintiff is $6,438.74.
5. Plaintiff is attempting to collect said debt and any information will be used for that purpose. Therefore, Plaintiff makes this application to the Court for an Order directing the Oklahoma Employment Security Commission to produce employment information regarding the Defendant pursuant to 40 O.S. §4-508(D).
6. The Defendant is not in military service. Attached is all relevant documentation and information necessary to support this declaration.
WHEREFORE, Saber Acceptance Co., L.L.C., demands judgment against the Defendant in the sum of $6,438.74 together with interest, costs, and a reasonable attorney's fee.
Respectfully submitted,
Chris Knight OBA #11390
5314 South Yale Avenue, Suite 150
Tulsa, OK 74135
(918) 496-1200 (918) 496-3800 (fax)
VERIFICATION
In compliance with 50 U.S.C. §521, I hereby verify upon my oath and under penalty of perjury that the Defendant is not in military service and that all relevant documentation and information necessary to support this declaration is attached to this document.
Chris Knight
Subscribed and sworn to before me on this 10th day of March, 2026.
[Handwritten Signature]
Lauren Sevilla
Notary Public
[Stamp]
LAUREN SEVILLA NOTARY PUBLIC
Commission #11008798
STATE OF OKLAHOMA
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-4759
Birth Date: Sep-XX-2003
Last Name: STANLEY
First Name: TY'LEESHA
Middle Name: J
Status As Of: Mar-11-2026
Certificate ID: 31LDVQJRCQMTHRD
<table>
<tr>
<th colspan="4">On Active Duty On Active Duty Status Date</th>
</tr>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
<tr>
<td colspan="4">This response reflects the individuals' active duty status based on the Active Duty Status Date</td>
</tr>
</table>
<table>
<tr>
<th colspan="4">Left Active Duty Within 367 Days of Active Duty Status Date</th>
</tr>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
<tr>
<td colspan="4">This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date</td>
</tr>
</table>
<table>
<tr>
<th colspan="4">The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date</th>
</tr>
<tr>
<th>Order Notification Start Date</th>
<th>Order Notification End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
<tr>
<td colspan="4">This response reflects whether the individual or his/her unit has received early notification to report for active duty</td>
</tr>
</table>
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-4759
Birth Date: Sep-XX-2003
Last Name: STANLEY
First Name: TY LEESHA
Middle Name:
Status As Of: Mar-09-2026
Certificate ID: 9HP+LNGV0DQ2C9
On Active Duty On Active Duty Status Date
<table>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>1 A</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
</table>
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
<table>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>1 A</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
</table>
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
<table>
<tr>
<th>Order Notification Start Date</th>
<th>Order Notification End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>1 A</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
</table>
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
RETAIL INSTALLMENT SALES CONTRACT, SECURITY AGREEMENT AND DISCLOSURE STATEMENT
DATE: 08-08-2024 CONTRACT NUMBER: 59940 BUYER INITIAL: S
BUYERS NAME AND ADDRESS: TY LEESHA JANA-NADINE STANLEY
546 W JASPER ST
TULSA, OK 74106
SELLER/SECURED PARTY: REGAL CAR SALES AND CREDIT LLC
1201 E. TAFT
SAPULPA, OK 74066
SECURITY/PROPERTY/COLLATERAL:
The signers of this security agreement are giving a Security Interest in the following property:
Year: 2016 New Used[X]
Make: DODGE
Model: DART LIMITED
VIN: 1C3CDFCB8GD644743
[ ] Collateral securing other sales by Seller to Buyer also secures this Contract.
TRUTH IN LENDING DISCLOSURES
<table>
<tr>
<th>ANNUAL PERCENTAGE RATE</th>
<th>FINANCE CHARGE</th>
<th>Amount Financed</th>
<th>Total of Payments</th>
<th>Total Sales Price</th>
</tr>
<tr>
<td>18.8957%</td>
<td>$4394.64</td>
<td>$13900.00</td>
<td>$18294.64</td>
<td>$485.00<br>$18779.64</td>
</tr>
</table>
PAYMENT SCHEDULE
<table>
<tr>
<th>NUMBER OF PAYMENTS</th>
<th>$ AMOUNT OF PAYMENTS</th>
<th>WHEN PAYMENTS ARE DUE</th>
</tr>
<tr>
<td>76</td>
<td>240.00</td>
<td>Due 09-06-2024 and continuing BI-WEEKLY</td>
</tr>
<tr>
<td>1</td>
<td>54.64</td>
<td>Due 08-06-2027</td>
</tr>
</table>
Buyer pledges to pay the Total of Payments according to the Payment Schedule listed above.
DELINQUENCY CHARGE: If a payment is late, Buyer will be charged a fee set by the Oklahoma Department of Consumer Credit or 5% of the unpaid amount of the payment, whichever is greater. See pages 2 & 3 of this document for additional information about principals to this Agreement, non-payment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties.
(e) means an estimate
FEES PAID IN CASH BY BUYER
Filing Fees $0.00 Non-Filing Insurance $0.00
ITEMIZATION OF AMOUNT FINANCED
$14385.00 1. CASH PRICE (Including rebates, discounts, accessories, sales tax and other goods and services provided by Seller)
2. DOWN PAYMENT COMPUTATION
A $0.00 Trade-In (Describe)
B $0.00 Prior Balance Paid to:
C $0.00 Net Trade-In Value (A minus B) (If negative, add to Line 4 as positive)
D $485.00 Cash Down Payment
E $0.00 Deferred Down Payment
F $485.00 NET DOWN PAYMENT (Line 2D Plus 2E (plus 2C if positive))
$13900.00 3. UNPAID BALANCE OF CASH PRICE (Line 1 Minus Line 2F)
$0.00 4. Trade-In Negative Equity
$0.00 5. Extended Service Contract to ____________________________
$0.00 6. To ____________________________
$0.00 7. Credit Life Insurance Premiums to ____________________________
$0.00 8. Accident and Health Insurance Premium to ____________________________
$0.00 9. Other Insurance to ____________________________
$0.00 10. Filing and Releasing Fees to ____________________________
$0.00 11. Official Fees (Specify) ____________________________
$0.00 12. TOTAL ADDITIONAL AMOUNTS (Add lines 4 through 11)
$0.00 13. Less Prepaid Finance Charge
$13900.00 14. AMOUNT FINANCED (Add lines 3 and 12, minus line 13)
$0.00 15. TOTAL PAID TO OTHERS ON BUYER'S BEHALF (Add Lines 2B and 5 through 11) (Seller may retain a portion of amounts designated with an asterisk "*")
DEFERRED DOWN PAYMENT(S)
<table>
<tr>
<th>DUE DATE</th>
<th>$ AMOUNT</th>
</tr>
</table>
INSURANCE STATEMENT
Credit Life, Accident and Health Insurance are not required to obtain this extension of credit; and such insurance is not a factor in the approval by Seller of the extension of credit. Such insurance is optional to Buyer; however, no financing for the debt will only be provided if available and if Buyer and/or Co-Buyer requests Seller to obtain the insurance by indicating the type of insurance desired and signing below:
[ ] Life Insurance on ____________________ [ ] Buyer [ ] Co-Buyer
Cost for 1 person: ___ Cost for 2 persons: ___
[ ] Accident and Health Insurance on ____________________ [ ] Buyer [ ] Co-Buyer
Cost for 1 person: ___ Cost for 2 persons: ___
[ ] I do not want the Insurance listed above.
[ ] We do want the insurance checked above.
Date: ________________
VENDORS SINGLE INTEREST AND/OR OTHER PROPERTY INSURANCE may be obtained by Buyer and/or Co-Buyer through any person acceptable to Seller. If such insurance is obtained through Seller, the cost for the term of the debt is:
[ ] Property Insurance: ___
[ ] Vendor's Single Interest Ins: ___
(The Insurer issuing this policy waives the right to subrogation against Buyer). Exhibit “A”
RETAIL INSTALLMENT SALES CONTRACT; SECURITY AGREEMENT AND DISCLOSURE STATEMENT
WINDOW FORM
If this Contract arises from a consumer credit sale of a used vehicle (as defined in Part 455 of Title 16 of the Code of Federal Regulations) then 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.
DISCLAIMER OF WARRANTY
Seller's oral statements about the property described herein do not constitute warranties and shall not be relied upon by Buyer. To the extent permitted by law, Seller disclaims all express and implied warranties (including, without limitation, the implied warranties of MERCHANTABILITY and fitness for a particular purpose) with respect to the goods sold; provided, however, if a written warranty is provided to Buyer with this sale or Seller and Buyer enter into a service contract for the property within 90 days of this Contract, the implied warranties of MERCHANTABILITY and fitness for a particular purpose are not disclaimed but shall be limited in duration to the duration of the written warranty.
RETAIL INSTALLMENT SALES
GENERAL: The undersigned Buyer(s) hereby purchase from Seller the property described herein and agree to pay Seller the Amount Financed as shown herein together with Finance Charges at the specified Annual Percentage Rate on the balance of the Amount Financed at any time remaining unpaid, plus any other accrued and unpaid part of the Finance Charge. All payments received by Seller are to be applied first to accrued and unpaid Finance Charges to date of payment and then toward payment of the unpaid balance of Amount Financed.
PREPAYMENT: I have the right to prepay the Amount Financed in full or in part at any time without penalty, provided, however that prior to or contemporaneously with any such payment, I shall have paid Seller the Finance Charge accrued to date of such prepayment. Upon prepayment in full, I may be granted a rebate of any unearned portion of the Finance Charge. I understand that partial payments shall be applied first to any accrued and unpaid Finance Charge and then, at Seller's option, to principal payments in inverse order of maturity.
COLLECTION COSTS: Seller may charge and collect from Buyer the maximum fee permitted by law for each return of dishonored check issued to Seller in connection with this sale. This fee shall be in addition to other finance charges, fees and additional charges which Seller may charge and collect from Buyer and shall not be subject to refund or rebate. I agree to pay the costs of enforcing the security interest, and to pay the reasonable attorney fees allowed under the law existing at the time this Contract is signed.
BUYER(S) SIGNATURES
The ANNUAL PERCENTAGE RATE may be negotiable with the Seller. The Seller may assign this Contract and retain its right to a portion of the FINANCE CHARGE.
I/We agree to the terms of this Retail Installment Sales Contract, Security Agreement, Disclosure Statement, and Payment Schedule, including Additional Provisions printed on pages 1 & 3 of this Contract. I/We have received a copy of this form as of the Date of Sale indicated above.
X ________________________________
X ________________________________
X ________________________________
ASSIGNMENT
This Contract and Security Agreement is assigned to SABER ACCEPTANCE COMPANY LLC__, the "Assignee".
This assignment is made
[✓] under the terms of a separate agreement,
[ ] under the terms of the ASSIGNMENT BY SELLER below.
[ ] This Assignment is made with recourse.
SELLER: By: ______________________________________
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.
ASSIGNMENT BY SELLER AND TERMS
Seller sells and assigns this Retail Installment Contract and Security Agreement (Contract), to the Assignee, its successors and assigns, including all its rights, title and interest in this Contract, and any guarantee executed in connection with this Contract. Seller gives Assignee full power, either in its own name or in Seller's name, to take all legal or other actions which Seller could have taken under this Contract.
SEPARATE AGREEMENT: If this Assignment is made "under the terms of a separate agreement" as indicated above, the terms of this assignment are described in a separate writing(s) and not as provided below.
Seller warrants:
1. This Contract represents a sale by Seller to Buyer on a time price basis and not on a cash basis.
2. The statements contained in this Contract are true and correct.
3. The down payment was made by the Buyer in the manner stated on page 1 of this Contract and no part of the down payment was loaned or paid to the Buyer by Seller or Seller's representatives.
4. This Contract is valid and enforceable in accordance with its terms.
5. This Contract is vested in the Seller free of all liens, is not subject to any claims or defenses of the Buyer, and may be sold or assigned by the Seller.
6. A completely filled in copy of this Contract was delivered to the Buyer at the time of execution.
7. The vehicle has been delivered to the Buyer and has been accepted in good condition by the Buyer.
Assignee may, without notice to Seller, and without affecting the liability of Seller under this Assignment, compound or release any rights against, and grant extensions of time for payment to be made, to Buyer and any other person obligated under this Contract.
UNLESS OTHERWISE INDICATED ABOVE, THIS ASSIGNMENT IS WITHOUT RECOURSE.
WITH RECOURSE: If this assignment is made "with recourse" as indicated above, Assignee takes this Assignment with certain rights of recourse against Seller. Seller agrees that if Buyer defaults on any obligation of payment or performance under this Contract, Seller will, upon demand, repurchase this Contract for the amount of the unpaid balance, including finance charges due at that time.
Seller: ______________________________________
By: Stephanie Haywoard
Date: 08-08-2024
RETAIL INSTALLMENT SALES CONTRACT, SECURITY AGREEMENT AND DISCLOSURE STATEMENT
ADDITIONAL PROVISIONS: BUYER EXPRESSLY WARRANTS, COVENANTS AND AGREESES:
General Terms. With respect to this Agreement, the terms "we" and "us" mean Seller/Secured Party, its successors and assigns, and "you" and "your" mean each Buyer identified in this Agreement, and guarantor, jointly and individually.
This Agreement shall inure to the benefit of the successors and assigns of Seller/Secured Party and shall be binding upon the heirs, executors, administrators, successors and assigns of Buyer.
Seller/Secured Party at any time and at its option may pledge, transfer or assign its rights under this Agreement in whole or in part, any transferee or assignee shall have all the rights of Seller/Secured Party as to the rights or parts thereof so pledged, transferred, or assigned. Buyer's rights hereunder may not be assigned.
If any section or provision of this Agreement is not enforceable, the other terms will remain part of this Agreement.
The law of Oklahoma shall govern this transaction. Applicable federal law and regulations also govern it. In the event of a dispute, the exclusive forum, venue and place of jurisdiction will be in Oklahoma unless otherwise required by law. For purposes of this Agreement, any term used in the Uniform Commercial Code (UCC), as adopted and revised from time to time by the State of Oklahoma and not defined in this Agreement has the meaning given to the term in the UCC.
All Parties Deemed Principals. All parties liable for payment hereunder shall each be regarded as a principal and each party agrees that any party with approval of holder and without notice to any other party may from time to time renew this Contract or consent to one or more extensions or deferrals or any payment due for any term or terms, and all parties shall be liable in the same manner as on original Contract. All parties liable for payment hereunder consent to partial payments, any substitutions or release of collateral and to addition or release of any party or guarantor.
Financial Information. All applications, balance sheets, earnings statements, other financial information and other representations which have been, or may hereafter be, furnished us to induce us to enter into or continue on a financial transaction with you fairly represent your financial condition as of the date and for the period shown therein, and all other information, reports, documents, papers and data furnished to us are or shall be, at the time furnished, accurate and correct in all material respects and complete insofar as completeness may be necessary to give us a true and accurate knowledge of the subject matter. There has been no material change in your financial condition since the effective date of the last furnished financial information which has not been reported to us.
Financing Statement. You agree to join us with us in signing one or more financing statements in form satisfactory to us in order to perfect or continue perfection of the security interest herein perfected.
Ownership Obligations Regarding the Collateral. By giving us a security interest in the Collateral identified herein, you represent and agree to the following:
(1) Our security interest will extend to consumer goods that are installed in or affixed to the Collateral; (2) You will defend our interests in the Collateral against claims made by anyone else; (3) You will do whatever is necessary to keep our claim to the Collateral ahead of the claim of anyone else; (4) The security interest you are giving us in the Collateral comes ahead of the claim of any other of your general or secured creditors; (5) You agree to sign any additional documents or provide us with any additional information we may require to keep our claim to the Collateral of the claim of anyone else; (6) You will not do anything to change our interest in the Collateral; (7) You will keep the Collateral in your possession and in good condition and repair; (8) You will use the Collateral for its intended and lawful purposes; (9) Unless otherwise agreed in writing, the Collateral will be located at your address listed on page 1 of this Agreement; (10) You will not attempt to sell or otherwise transfer any rights in the Collateral to anyone else without our prior written consent; (11) You will pay all taxes and assessments on the Collateral as they become due; (12) You will notify us of any loss or damage to the Collateral in a timely fashion; and (13) You will provide us reasonable access to the Collateral without our having to violate the law or breach the peace.
Insurance. You shall insure the Collateral at your expense with companies acceptable to us against such casualties and in such amounts as prudent and adequate to protect us or as we shall require. You will name us as loss payee on any such policy. In the event of loss or damage to the Collateral, we may require additional security or assurances of payment before we allow the insurance proceeds to be used to repair or replace the Collateral. You agree that if the insurance proceeds do not cover the amounts you still owe us, you will pay the difference. You will keep the insurance in full force and effect until this Agreement is paid in full. You will be in default if you fail to fulfill any of these requirements. We may act as attorney for you in the procuring of insurance, in making, adjusting and settling claims under or canceling such insurance and in endorsing your name on any drafts or checks drawn by insurers of Collateral.
Expenditures of Seller/Secured Party. At Seller/Secured Party’s option and after any written notice to you required by law, which notice you and we hereby agree is sufficient if mailed, postage prepaid, to the Buyer’s address as provided for herein at least ten days before the commencement of the performance of the duties specified therein, it is agreed we may discharge taxes, liens, security interests, or other encumbrances on the Collateral and may pay for the repair of any damage to the Collateral, for the maintenance and preservation the Collateral, and for insurance on the Collateral. You shall be liable for and agree to pay us for all of our expenditures for taxes on the Collateral, for the discharge of liens, security interests or other encumbrances on the Collateral, for repair of any damage to the Collateral, and for all of our costs, attorney’s fees and other disbursements in connection with the foregoing. You agree to promptly reimburse us for all such expenditures and until such reimbursement, the amounts of such expenditures shall be considered your liability to us which is secured by this Security Agreement and shall be subject to a FINANCE CHARGE at a rate not exceeding the ANNUAL PERCENTAGE RATE provided herein unless an event of default occurs in which case the interest rate of twenty-one percent (21%) shall apply. In addition, you shall be liable for and agree to pay us for all costs, reasonable attorney fees as well as any disbursements we make as allowed by law or as provided for herein in the enforcement or collection of any note, warranty, or liability of you to us, or in the realization upon or the enforcement or collection of any account receivable, contract right, promissory note, chattel paper, instrument, document or other Collateral in which we have a security interest. You agree to promptly reimburse us for all expenditures and until such reimbursement the amount of such expenditures shall be considered a liability of you to us which is secured by this Agreement.
Events of Default: You shall be in default under this Agreement upon the happening of any one or more of the following events or conditions (except as prohibited by law), herein called "Events of Default":
You fail to perform any obligation that you have accepted in this Agreement.
Any warranty, covenant, agreement, representation, financial information or statement made or furnished to us by or on behalf of you to induce us to enter into this Agreement, or in conjunction therewith, is violated or proves to have been false in any material respect when made or furnished.
You become a debtor in any bankruptcy proceeding, or others take legal action to collect money or repossess the Collateral from you.
Any payment required hereunder or under any other note or obligation of you to us or to others is not made when due or in accordance with terms of the applicable agreement or contract.
You default in the performance of any covenant, obligation, warranty, or provision contained in any Debt Agreement or in any other note or obligation of you to us or to others.
The occurrence of any event or condition which results in acceleration of the maturity of any obligation of you to us or to others under any note, agreement, or undertaking.
The making of any levy against or seizure, garnishment or attachment of any Collateral, the consensual encumbrance thereof by you, or the sale, lease or other disposition of Collateral by you without the prior written consent of Seller/Secured Party as required elsewhere in this Agreement.
Loss, theft, substantial damage or destruction of Collateral.
Any time Seller/Secured Party in its sole discretion believes the prospect of payment or performance of any liability, covenant, warranty or obligation secured hereby is impaired.
The death, dissolution, termination of existence or insolvency of Buyer, the appointment of a receiver over any part of Buyer’s property or any part of the Collateral, an assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law by or against you or any guarantor or surety for you.
Remedies: Upon the occurrence of an Event of Default, and at any time thereafter, we have all the remedies provided by law, including but not limited to:
1. Declare the unpaid balance of the Contract and all other obligations and indebtedness of any other party hereto to holder, whether direct or indirect, absolute or contingent, now existing or hereafter arising, immediately due and payable, and/or proceed to enforce payment and performance of all liabilities secured hereby; provided, that upon any prepayment in full of the unpaid balance of such liabilities, you shall be entitled to a rebate of any unearned portion of any finance or other charge in accordance with law. In the event of default, all amounts owed by you shall bear interest at the rate of twenty-one percent (21%).
2. Require you to assemble the Collateral or evidence thereof and make it available to us at a place we designate which is reasonably convenient to both parties.
3. Repossess the Collateral, and all books and records evidencing or pertaining to the Collateral. You authorize us to take possession of and hold any property located in or temporarily attached to the Collateral. If you have not reclaimed such property within 10 days after notice of its taking and location is sent to you, such property may be sold and the proceeds applied to expenses and other amounts due from you to us. Any balance of such proceeds remaining after payment in full of all amounts secured by this Agreement shall be paid to you.
4. Transfer any of the Collateral or evidence thereof into its own name or that of an agent and receive the proceeds therefrom and hold the same as security for the liabilities of you to us or against any such liability. We may also demand, collect, receipt for, settle, compromise, adjust, sue for, foreclose, release or realize upon Collateral, in its own name or in the name of the Buyer as we may determine.
5. Sell or otherwise dispose of the Collateral. We will give you reasonable notice of the time and place of any public sale, or of the time after which any private sale or other disposition is to be made. Any requirement of notice shall be met if notice is mailed, postage prepaid, to the address you provided herein, at least 10 days before sale or other disposition or action. We shall be entitled to, and you shall be liable for, all reasonable costs and expenditures of realizing on Seller/Secured Party’s security interest including without limitation, court costs, fees for replevin bonds, storage, repossession costs, repair and preparation costs for sale, selling costs, and reasonable attorney fees as set forth in the RETAIL INSTALLMENT SALES CONTRACT. All such costs are secured by the security interest in the Collateral covered herein. You waive any right you may have to require us to pursue any third party for any of the indebtedness. We may comply with any applicable state or federal law requirements in connection with a disposition of the Collateral and compliance will not be considered adversely to affect the commercial reasonableness of any sale of the Collateral. We have no obligation to clean-up or otherwise prepare the Collateral for sale. We may sell the Collateral without giving any warranties as to the Collateral and may specifically disclaim any warranty of title or the like. This procedure will not be considered adversely to affect the commercial reasonableness of the sale of the Collateral.
Chris Knight, P.C., has been retained by the current creditor, Saber Acceptance Co., L.L.C., to collect from you the entire balance of your debt. The amount set forth in the Petition was the total amount of the debt at the time when the creditor prepared the paperwork that was used by Chris Knight, P.C., to prepare the Petition. Additional interest may have accrued between the time that this paperwork was prepared and date on which the Petition was filed. This debt results from the failure to make payments pursuant to the terms of the Retail Installment Sales Contract attached to the Petition. This contract involved your purchase of the vehicle described in the Retail Installment Sales Contract from Regal Car Sales and Credit, L.L.C.
Federal law gives you thirty (30) days after you receive this document to dispute the validity of the debt or any part of it. If you don’t dispute it within that period, we will assume that it is valid. If you do dispute that the debt, or any portion thereof, --by notifying us in writing to that effect--we will obtain verification of the debt and a copy of the proof of the debt will be mailed to you. If, within the same thirty (30) day time period, you request in writing the name and address of your original creditor, we will furnish you with that information. The original creditor was Regal Car Sales and Credit, L.L.C.
The law does not require us to wait until the end of the thirty (30) day period before taking further steps in this case against you in an effort to collect this debt. If, however, you request proof of the debt or the name and address of the original creditor within the thirty day period that begins with your receipt of this document, the law requires us to suspend our efforts (through litigation or otherwise) to collect the debt until we mail the requested information to you.
CHRIS KNIGHT, P.C., IS A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.