TD Auto Finance, LLC v. Kristy Peterson

IN THE DISTRICT COURT OF GARFIELD COUNTY, STATE OF OKLAHOMA TD AUTO FINANCE, LLC Plaintiff, -vs- Case No. CF7020-SL-02 KRISTY PETERSON Defendant. PETITION FOR MONEY DUE ON NOTE 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 MICHIGAN; the debt sued upon arose in and Plaintiff's cause of action accrued in the State of Oklahoma. 2. That the Defendant resides in or may be found in GARFIELD County, Oklahoma and within the venue of this court. 3. That upon application by the Defendant, the Defendant did enter into a Retail Installment Contract and Security Agreement ("Agreement") with DAVID STANLEY DODGE, which has heretofore been assigned and sold to Plaintiff, 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 did fail to perform the obligations under the terms of the Agreement and are therefore in default. 5. That if required by law or the Agreement, Plaintiff notified the Defendant of her default and right to cure, but Defendant failed to cure said default. 6. That Plaintiff repossessed the vehicle under the terms of the Agreement, and the vehicle was then sold in a commercially reasonable manner. 7. That Plaintiff notified the Defendant of the sale and any deficiency remaining after the sale. 8. That the deficiency after the sale is $10970.49. 9. Interest at the rate of 6.75% per annum from the date of Judgment until paid. 10. That pursuant to statute 12 O.S.§ 936, Plaintiff is entitled to reasonable attorney’s fees. 11. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant KRISTY PETERSON is/are not in the Armed Forces for the United States, verified on 10/17/2019 via the U.S. Department of Defense website. WHEREFORE, Plaintiff prays for Judgment against Defendant in the amount of: Amount claimed: $10970.49; Interest: Interest at the rate of 6.75% per annum from the date of Judgment until paid; Reasonable attorney’s 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: Jason R. Gubbins PO 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. AFFIDAVIT ***[Retail]*** I, Terrance Mack, being first duly sworn, depose and say that I have knowledge of the facts hereinafter set forth based on a review of the business records of TD Auto Finance LLC and that if sworn as a witness I can testify competently thereto: 1. That I hold the position of [illegible] for TD Auto Finance LLC; 2. I have knowledge of account number xxxxxxx5807 and records related to a certain retail installment contract (the “Contract”) between KRISTY PETERSEN and DAVID STANLEY DODGE (“Seller”); 3. Seller assigned its rights and interests in and to the Contract to TD Auto Finance LLC (“Assignee”); 4. The defendant(s) is/are in breach of the terms of the Contract; and 5. The outstanding balance on the account related to the Contract is $10,970.49. Terrance Mack STATE OF [Florida] COUNTY OF [Duval] In witness whereof I have hereunto subscribed my name and affixed my official seal this 26th day of June, 2018 My Commission Expires: ELIZABETH A. BOTELER MY COMMISSION # FF 949872 EXPIRES: April 7, 2020 Bonded thru Notary Public Underwriters Notary Public WWW# 31103735 RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Buyer Name and Address (including County and City & State) KRISTIN BETTSENN Co-Buyer Name and Address (including County and City & State) N/A Dealer Number [blank] Contract Number [blank] Seller/Creditor (Name and Address) DAVID STANLEY BOGLE TOP SPIN AUTO SALES MIDWEST CITY OK 73110 You, the Buyer (and Co-Buyer, if any), may buy the vehicle here for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements on the back side of this contract. You agree to pay the Seller-Creditor (sometimes “we” or “us” in this contract) the Annual Percentage Rate charged for the Credit used to finance the purchase price plus the payment schedule below. We will figure your finance charge on a daily basis. The TRUTH-IN-LENDING DISCLOSURES below is a part of this contract. <table> <tr> <th>Manufacturer/Make</th> <th>Model</th> <th>Year</th> <th>VIN/Stock Number</th> </tr> <tr> <td>Jeep</td> <td>Wrangler</td> <td>2016</td> <td>NEW</td> </tr> </table> FEDERAL TRUTH-IN-LENDING DISCLOSURES <table> <tr> <th colspan="2">ANNUAL PERCENTAGE RATE</th> <th colspan="2">FEDERAL REGULATORY PERCENTAGE</th> <th colspan="2">TOTAL FINANCE CHARGE</th> </tr> <tr> <th>Annual Percentage Rate</th> <th></th> <th>Federal Regulatory Percentage</th> <th></th> <th>Total Sales Price</th> <th></th> </tr> <tr> <td>6.49%</td> <td>$1,502,000</td> <td>6.64%</td> <td>$1,515,000</td> <td>$6,892,000</td> <td>$7,038,000</td> </tr> </table> Your Payment Schedule Will Be: <table> <tr> <th>Number of Payments</th> <th>Amount Due</th> <th>When Payment Is Due</th> </tr> <tr> <td>75</td> <td>$21,360.00</td> <td>18/18/2018</td> </tr> </table> Late Charge: If payment is not received in full within 10 days alike 2nd day due, you will pay a late charge of $18.92 or...% of the past due balance, whichever is greater. Prepayment: If you pay off amount due before maturity, you will not have to pay a penalty. Security Deposit: You must pay a deposit to secure this agreement. See reverse side of this contract for details. Additional Information: See this contract for more information including information about non-payment, default, any secured repayment obligation, scheduled date and security deposit. SUMMARY OF AMOUNT FINANCED 1. Cash Price (Excluding N/A, see us) $27175.80(n) 2. Tax/Registration = $ [blank] 2013 RAV - 3680 (blank) Gross Trade-in Allowance $14705.20 Less Pay Off Value By Seller $23300.80 Equalize "Trade-In" -$8595.60 + Cash N/A + Other N/A [(Total amount offered in response, enter "—" and note of balance)] -$1292.80 *Usual Balance at Current Time (if true) $27175.80 3. Other Charges, including Amount Paid to Dealer as Auto Credit Commission (blank) (Enter any other sources of these amounts) A. Commission of Credit Insurance Paid to Insurance Company or Agent $_/A B. Pre-Paid Service Items: $/A C. Government Services (such as Tags) $/A D. Title Fees, Transfer Fees or Recording Fees $/A E. Registration License and Tags $/A F. Documentary Stamps $/A G. Bank Fees $/A H. Other Charge (Enter other items not listed above) $/A I. Equipment Items (not included in Cash Price) $/A J. Special Option Items (such as Audio) $/A K. Extended Service Contracts $/A L. Interest (for Auto Insurance, Individual Contracts, etc.) $/A M. Organization Fee $/A N. Affiliate Program Fee $/A O. Other Charge $/A P. Total other other charges and Amounts Paid to Others on Your Behalf $/A Q. Amount financed as to date $/A R. Amount owed to date $/A [ ] FORM COMPLETION PART OF INSTALLMENT CONTRACT WAS REQUIRED TO BE RECEIVED BY THE CREDITOR BEFORE YOUR SIGNATURE ON THIS CONTRACT WAS ACCEPTED OPTION C: You may make any payment in advance of the amount financed, item #5 is paid in full by before N/A Other Optional Insurance Option 1: N/A Premium: N/A Insurance Company Name N/A Home Office Address N/A Option 2: N/A Premium: N/A Insurance Company Name N/A Home Office Address N/A Option 3: N/A Premium: N/A Insurance Company Name N/A Home Office Address N/A Option 4: N/A Premium: N/A Insurance Company Name N/A Home Office Address N/A OTHER INSURANCES (IF ANY) [ ] Homeowners Insurance N/A [x] [ ] Automobile Insurance N/A [ ] [ ] Liability Insurance N/A [ ] This insurance policy was obtained through another insurer. You are responsible for paying the premium. This contract does not contain any statements regarding liability insurance. I have read and fully understand that in the circumstances described above, I am financially responsible for this transaction. I agree to indemnify and hold harmless the Seller, Finance Center, and any other party involved in this transaction against any claims for compensation arising out of or related to my breach of this contract. Signature: ____________________________ Date: ____________________________ I agree to a charge of $25.00 if any check you just sent us bounces. X/ /A 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. 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. HOW THIS CONTRACT CAN BE CHANGED: This contract contains binding agreements between you and us relating to this contract. Any change to this contract must be in writing signed by the buyer and the creditor. You have the right to reject this contract before signing it. Before signing this contract, you should ask for and consider carefully a copy of this contract on which any amendments to the contract have been made. Once signed, there will be no right to revoke this contract except by mutual consent in writing signed by both parties. NOTICE TO SELLER: DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO A COPY OF THIS CONTRACT AT THE TIME YOU SIGN THIS CONTRACT AND AFTERWARDS IF REQUESTED. 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 both sides of this contract, including the arbitration provision on the reverse side, before signing below. You confirm that you received a completely filled-in copy when you signed it. Buyer Signature: X/ /A Date: 09/18/18 Co-Buyer Signature: X/ /A Date: N/A Consumer Add-On Option: As the buyer is a person who is responsible for paying the order price. An other consumer is a person whose name is on the title to the vehicle but does not have to pay the debt. The other consumer appears as the security interest in case vehicle goes to us in the event. Other names appear as X/ /A Same Signature: David Stanley-Bogle Date: 09/18/18/18 This contract is void without our written consent unless signed by us in blank, or signed by us to constitute an assignment of this contract to a third party with the written consent of the Buyer. [ ] Signed with Limited Resources ORIGINAL LEASEHOLDER [ ] Signed with Limited Resources 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/or any other amount owed under this contract in any order we choose. 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 or printed on the front of this contract as if you paid on time and made all scheduled payments. Each time you pay more than agreed you may save interest and the remaining amount you owe decreases. Each time you make less than the agreed payment, you may pay more interest and the remaining amount you owe increases. d. Your right to elect to pay all at once. If you choose to pay all at once without penalty, the unpaid part of the Amount Financed plus the earned part of the Finance Charge will be due in one payment at the end of your payment period. This contract does not contain balloon payments. If you elect to pay all at once, you agree that we may request payment from you for any breach of this contract (including breach by another person), including claims for breach by another person, and we may require the vehicle to be delivered back to us before we pay you for the vehicle even if you have not yet breached this contract. e. Balloon payment. A balloon payment is a payment that is more than twice as large as the average of your earlier scheduled payments. If you are buying the vehicle primarily as personal family use and you agree not to refinance the balloon payment when due without penalty. The terms of the refinancing will not be less favorable to you than those of this contract. This provision does not apply if adjusted your payment schedule to your seasonal or irregular income. 2. YOUR OTHER PROMISES TO US: a. That the vehicle is damaged, destroyed, or missing. You agree not to remove the vehicle from the U.S. or Canada prior to sale, rent, lease, or assign ownership of the vehicle, unless we specifically permit it in our contract. You agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we say any repair bill, storage charges, fines, or charges on the vehicle, you agree to repay them to the extent you are liable for them. b. 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 contract we finance for you and - Any present or future purchase money advance, service, or other contract you finance for yourself. This includes any refund of premiums or charges from the contract. This security interest gives us all your rights 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 consent. c. Insurance you must have on the vehicle You agree to have physical damage insurance covering loss or damage to the vehicle for the term of the contract. The insurance must cover our interest in the vehicle. If you do not have this insurance, or if we choose, buy physical damage insurance, we may either buy insurance that covers your interest and our interest in the vehicle or a separate 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 of the insurance and a finance charge computed at the Annual Percentage Rate shown in this contract. If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repay the loan. d. 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 any late payment as shown on the front. Accrual of a late charge does not mean that your late payment or means 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 (defaults), 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 or a credit application. • You fail to keep up with batch payments 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, plus charges and any amounts due because you violated. c. You may have to pay collection costs. We hire an attorney who is not paid any agreement's collect costs until the attorney recovers some of these costs. The law permits the attorney to recover 45% of what you will pay if 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 before a public sale. If the vehicle has an electronic tracking device, you agree to promptly use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement parts used to protect the vehicle, any optional things are in the vehicle, we may replace them yourself at your expense. If you do not ask for these items back, we may dispose of them at the same time. e. How we can recover the vehicle if we take it. If we repossess the vehicle, you must pay all back (arrears). 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 written notice of sale before selling the vehicle. g. We will apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expenses like salary, labor, towing, stocking the vehicle, holding it, preparing it for sale, storage, Attorney fees and court costs, if the law permits, are also allowed expenses. If any money is left after these, we will send it to you if you have the law requires us to pay it to someone else. If more than one lien is enough to pay the amount you owe, you must tell us 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 permitted by laws. h. 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. On demand that you pay all you owe at once or we repossess the vehicle, we may claim benefits under those contracts and cancel them to obtain refunds of unearned charges or a reduction of what you owe on the vehicle. If the vehicle is physically defective, confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges or a reduction of what you owe. 4. WARRANTIES SELLER DISCLAIM Unless the Seller makes a written warranty, or enters into a service contract within 30 days from the date of this contract, we make no warranties, express or implied, on the vehicle, and the vehicle comes with any 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. Used Car Buyer Guide. The information you see on the window label of the vehicle is part of this contract. However, the window label also describes any contrary provisions in the remainder of this contract. Spanish Translation: Guía para compradores de vehículos usados. La Información que ve en el formulario de la ventana para este vehículo figura parte de este contrato. No obstante, el formulario de la ventana también describe las condiciones específicas de este contrato. 6. SERVICING AND COLLECTION CONTACTS You agree that we may try to contact you in writing by mail, or using prerecorded/artificial voice messages, text messages, and automatic telephone dialing systems, as long as the message lets you know that we may try to contact you in these ways. The only additional charges are any number you provide us, even if the telephone number is a cell phone number or the contact results in a charge to you. 7. APPLICABLE LAW Federal law and the law of the state of our address shown on the front of this contract apply to this contract. 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 THEREOF, RECOVERY THEREUNDER 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. ARTBITRATION PROVISION PLEASE REVIEW - BEFORE SIGNING YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN YOU AND US DECIDED BY ARBITRATION. AFTER ARBITRATION, YOU WILL NOT HAVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ARBITRATION OR/OR IN INDIVIDUAL ARBITRATIONS. 2. DISCOVERY AND RIGHT TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU MIGHT THINK AVAILABLE TO YOU MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of the Arbitration Provision and the enforceability of this entire Arbitration Provision) between you and we or our employees, agents, successors or assigns, which arises out of or relates to your credit application, chattel paper, contract, transaction, or other agreement, or the sale or lease of the Vehicle, whether in connection with any other agreement, shall not be tried as a matter of right before a judge or jury, but shall be first submitted to arbitration in accordance with the laws of the State of New York, in accordance with the Federal Arbitration Act. This agreement is made pursuant to the Federal Arbitration Act. Any arbitration shall be conducted in the City of New York, New York State, United States. The arbitrator(s) shall be selected pursuant to these rules of procedure of the American Arbitration Association (AAAI). Arbitrations shall be commenced within 90 days of the demand for arbitration and completed within 120 days of the commencement. AAA arbitration procedures and rules are set forth in AAA’s consumer arbitration rules available online at www.adr.org or by calling 800-778-7879. If you are unable to resolve the arbitration, then the arbitrator(s) may award damages and other relief as available under applicable law. In addition, you may bring legal action to compel the arbitration, and to seek injunctive relief or other equitable relief. If the arbitrator determines that an Award was made in bad faith, the arbitrator may award prejudgment and post-judgment interest, reasonable attorney’s fees and costs, and any other remedy permitted by applicable law. An independent arbitration organization will decide any challenge to the AAA arbitration procedure. The fees for arbitration shall be shared equally between the parties unless the arbitrator determines otherwise. If either party is found to have acted frivolously or in bad faith, the arbitrator may award fees and costs against that party. If an Award is issued, the winner will be entitled to receive payment of the Award from the loser. If either party seeks recovery of attorney’s fees and costs, the arbitrator may award such fees and costs only if the arbitrator determines that an Award was made in bad faith. Any Award may be entered as a judgment in any court having jurisdiction thereof. The arbitration procedure will not prevent any party from seeking appropriate injunctive relief or any remedy granted by statute. The rules of the American Arbitration Association may be found online at www.adr.org or by calling 800-778-7879. The AAA Consumer Arbitration Rules are available online at www.adr.org or by calling 800-778-7879. If you believe that an Award was made in bad faith, the arbitrator may award attorneys’ fees and costs against the party that made the Award in bad faith. If either party seeks recovery of attorney’s fees and costs, the arbitrator may award such fees and costs only if the arbitrator determines that an Award was made in bad faith. You and we reserve the right to seek remedies in small claims court for disputes or claims where in that court jurisdiction, unless such action is inconvenient or unworkable. In addition, either party may seek injunctive relief or other equitable relief in a court of competent jurisdiction, including a federal district court. If the arbitrator determines that the AAA arbitration procedure would be unduly burdensome or unwieldy, the arbitrator may award fees and costs against the party seeking to compel arbitration. If a dispute arises out of this arbitration provision, the dispute will be governed by the Federal Arbitration Act and construed in accordance with its provisions, and the rules of the American Arbitration Association. TD Auto Finance DATE 02/21/2017 ACCOUNT NO. MAKE/MODEL OF VEHICLE 2016 JEEP WRANGLER 4WD BUYER'S NAME AND ADDRESS CO BUYER'S NAME AND ADDRESS KRISTY PETERSON The following is an explanation of the amount of deficiency (or surplus, if applicable) following the disposition of your vehicle (1) Secured obligation, including late charges, return check fees, permitted legal fees and interest, finance charges or credit service charges due, at date of repossession. $37,887.21 (2) Gross disposition proceeds. $24,250.00 (3) Secured obligation after deducting amount in item (2). $13,637.21 (4) Repossession, storage, preparation and disposition expenses, including legal fees related to the current disposition of the vehicle, if any $944.08 (5) Other credits or rebates such as insurance refunds, extended warranty or service contract refunds, or post-repossession payments $3,610.80 (6) Deficiency Amount (or surplus, if applicable) (If the total of items 2 and 5 exceeds the total of items 1 and 4, a surplus exists. In that event, the amount of the surplus is shown on this line in parenthesis. You will receive a check in that amount.) $10,970.49 Future debits, credits, and charges, including additional credit service charges or interest, rebates and expenses may affect the amount of the deficiency (or surplus, if applicable). To obtain additional information about your account, please call the telephone number below, Monday - Friday from 8:00 AM - 6:00 PM Eastern Time. We are sure you want to settle your account. We may be able to work with you in establishing payment terms To make arrangements, it is important that you contact this office by telephone without delay TD Auto Finance PO Box 551080 Jacksonville, FL 32255-1080 1-866-251-9400 TD Auto Finance PO Box 551080 Jacksonville, FL 32255 NOTICE AFTER REPOSSESSION OR VOLUNTARY SURRENDER NAME AND ADDRESS (BUYER 1) KRISTY PETERSON NOTE: IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY CODE, YOU ARE NOT REQUIRED TO MAKE PAYMENT TO US. We have obtained the vehicle described below (your vehicle) through either repossession as a result of a default under your contract with us or voluntary surrender of your vehicle, whichever is checked. DESCRIPTION OF YOUR VEHICLE YEAR: 2016 MAKE: JEEP MODEL: WRANGLER 4WD VEHICLE IDENTIFICATION NUMBER: 8281 NOTICE OF SALE: Your vehicle will be offered for sale, at a private sale beginning on January 5, 2017, and from day to day thereafter until sold. A sale could include a lease or a license. The money that 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 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. REMAINING CONTRACT BALANCE / RIGHT TO MONEY LEFT OVER FROM SALE: If your vehicle is sold, the money we get from the sale (after paying our reasonable costs) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If there is any money left over, we will pay this money to you, unless we must pay it to someone else. ACCOUNTING: If you want us to explain to you in writing how we have figured the amount that you owe us, you may call or write us at the number or address provided in this Notice. We reserve the right to charge you $0.00 for the explanation if we sent you another explanation of the amount within the last six months. NOTICE TO ALL INTERESTED PARTIES: We are sending this notice to the following people who have an interest in this vehicle or who owe money under the contract: KRISTY PETERSON HOW TO GET YOUR VEHICLE BACK: To get your vehicle back, you can do one of two things as described below, unless the box that follows is checked. ☐ If this box is checked, the only way to get your vehicle back is to pay the full amount you owe on your contract as described below; you do not have the right to cure your default and renew your contract. FIRST WAY: RENEW YOUR CONTRACT AT ANY TIME BEFORE YOUR VEHICLE IS ACTUALLY SOLD, you have a right to renew your contract and get your vehicle back by paying the full amount past due under your contract (excluding any amount that would not be due except for an acceleration provision) plus unpaid charges and costs we incurred as itemized below. To renew your contract, you must pay us the NET AMOUNT NEEDED TO RENEW YOUR CONTRACT shown below, plus any other amounts that may become due after the date of this Notice and before your vehicle is sold. If you renew your contract, you must continue to make regularly scheduled payments and satisfy other obligations as they come due under your contract. To learn the exact amount you must pay to renew your contract, please contact us at the address provided in this Notice or call us at 866-659-1173. You must pay with a money order, cashier's check or certified funds; personal checks will not be accepted. You may be required to provide proof of insurance, employment information and three references. <table> <tr> <th>PAST DUE PAYMENTS</th> <td>$2,005.14</td> </tr> <tr> <th>PLUS LATE CHARGES AND OTHER COSTS</th> <td>$66.84</td> </tr> <tr> <th>PLUS REPOSSESSION, STORAGE, REPAIR AND PREPARATION COSTS (To Date)</th> <td>$400.00</td> </tr> <tr> <th>NET AMOUNT NEEDED TO RENEW YOUR CONTRACT (NOT INCLUDING AMOUNTS THAT MAY BECOME DUE AFTER THE DATE OF THIS NOTICE)</th> <td>$2,471.98</td> </tr> </table> SECOND WAY: PAY THE FULL AMOUNT YOU OWE ON YOUR CONTRACT AT ANY TIME BEFORE YOUR VEHICLE IS ACTUALLY SOLD, you have a right to get your vehicle back by paying the full amount you owe on your contract (not just the past due amount) plus unpaid late charges, finance charges and costs we incurred as itemized below. You must pay us the NET AMOUNT NEEDED TO PAY YOUR CONTRACT shown below, plus any other amounts that may become due after the date of this Notice and before your vehicle is sold. To learn the exact amount you must pay, please contact us at the address provided in this Notice, or call us at 866-659-1173. You must pay with a money order, a cashier's check or certified funds, personal checks will not be accepted. You may be required to provide proof of insurance, employment information and three references. <table> <tr> <th>UNPAID PRINCIPAL BALANCE</th> <td>$41,129.00</td> </tr> <tr> <th>PLUS LATE CHARGES AND OTHER COSTS</th> <td>$66.84</td> </tr> <tr> <th>PLUS REPOSSESSION, STORAGE, REPAIR AND PREPARATION COSTS (To Date)</th> <td>$400.00</td> </tr> <tr> <th>PLUS FINANCE CHARGE TO 12/21/2016</th> <td>$840.13</td> </tr> <tr> <th>SUBTOTAL OF CHARGES</th> <td>$42,435.97</td> </tr> <tr> <th>LESS REFUNDS OF INSURANCE PREMIUMS</th> <td></td> </tr> <tr> <th>SUBTOTAL OF REFUNDS DEDUCTED</th> <td>$0.00</td> </tr> <tr> <th>NET AMOUNT NEEDED TO PAY YOUR CONTRACT (NOT INCLUDING AMOUNTS THAT MAY BECOME DUE AFTER THE DATE OF THIS NOTICE)</th> <th>$42,435.97</th> </tr> <tr> <td colspan="2">Your vehicle will not be sold until the date shown in the Notice of Sale section on Page 1, at the earliest. AFTER THAT DATE, BUT BEFORE YOUR VEHICLE IS ACTUALLY SOLD, YOU CAN STILL PAY THE FULL AMOUNT YOU OWE ON YOUR CONTRACT TO GET YOUR VEHICLE BACK.</td> </tr> </table> NOTE: If this box is checked and your vehicle was repossessed, you must also provide proof that you have paid the required $15 fee to the appropriate law enforcement authority for the receipt and filing of the report of repossession. The auction will not release the vehicle without proof that the repossession report fee has been paid. ☐ NOTE: If this box is checked and your vehicle was repossessed you must pay $250 directly to [ ] for storage costs in order to reinstate or redeem your vehicle Please contact [ ] for acceptable payment type(s) prior to your vehicle being returned to you at the address listed below IF YOU ARE UNDER THE PROTECTION OF THE UNITED STATES BANKRUPTCY CODE, THIS NOTICE IS SENT FOR THE SOLE PURPOSE OF NOTIFYING YOU OF YOUR STATE LAW RIGHTS, AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT PAYMENT. YOUR OBLIGATION TO MAKE PAYMENT TO US IS SUBJECT TO DISCHARGE, AND MAY HAVE ALREADY BEEN DISCHARGED, IN BANKRUPTCY. ENTRY OF THE DISCHARGE ORDER IN YOUR BANKRUPTCY CASE RELEASES YOU FROM PERSONAL LIABILITY TO MAKE PAYMENT TO US. If you have any questions about the sale of your vehicle or any other matters covered in this Notice, please call or write us. We are available at the phone number below from 8:00 AM to 8:00 PM Eastern Time, Monday through Friday <table> <tr> <th>MAIL PAYMENT TO</th> <th>PO Box 551080, Jacksonville, FL 32255</th> <th>PHONE NUMBER</th> <th>866-659-1173</th> </tr> <tr> <th>DATE NOTICE MAILED</th> <th>12/21/2016</th> <th>MAIL TYPE</th> <th>First Class Mail ☒ Certified Mail ☐</th> </tr> </table> TD Auto Finance NOTICE OF DEFAULT AND THE RIGHT TO CURE AND INTENTION TO REPOSSESS NAME AND ADDRESS (BUYER 1) NAME AND ADDRESS (BUYER 2) KRISTY PETERSON You are in default of your Retail Installment Contract dated 08/26/2016, on your vehicle described below YEAR MAKE MODEL VEHICLE IDENTIFICATION NUMBER 2016 JEEP WRANGLER 4WD 8281 NOTICE OF DEFAULT: You are in default of your contract because [X] You are late in making your payment(s). We may have accepted late payments in the past. Nevertheless, we demand prompt payment now and in the future under the terms of your contract. [ ] You have failed to observe the following requirement(s) of your contract Following is the detail of your past due payment(s) <table> <tr> <th>PAST DUE PAYMENTS</th> <th>DUE DATE</th> <th></th> </tr> <tr> <td></td> <td>11/10/2016</td> <td>$669.38</td> </tr> <tr> <td></td> <td>10/10/2016</td> <td>$669.38</td> </tr> <tr> <td>PLUS FIXED VALUE PAYMENT (if applicable)</td> <td colspan="2">$0.00</td> </tr> <tr> <td>PLUS LATE CHARGES</td> <td colspan="2">$66.84</td> </tr> <tr> <td>PLUS MISCELLANEOUS FEES</td> <td colspan="2">$0.00</td> </tr> <tr> <td>PLUS ADDITIONAL PRINCIPAL DUE - Simple Interest Only</td> <td colspan="2">$0.00</td> </tr> <tr> <td>AMOUNT NOW DUE (not including amounts that become due after the date this notice is mailed)</td> <td colspan="2">$1,403.60</td> </tr> </table> The LAST DAY FOR PAYMENT/CURE is 12/12/2016 RIGHT TO CURE THE DEFAULT: You have a right to correct your default until the LAST DAY FOR PAYMENT/CURE (above) by paying us the AMOUNT NOW DUE (above) and any other amounts that may become due before you cure the default and correcting any other nonpayment default that exists. If you do so, you are no longer in default and you may continue with the contract as though you did not default. NOTICE OF INTENT TO REPOSSESSE: If you do not cure your default as provided above, we may exercise rights against you under the law. Our rights include the right to repossess the vehicle without further notice to you or court proceeding. We may, in some cases, sue you to obtain a judgment to require you to pay your entire remaining contract balance. If the vehicle is repossessed, or voluntarily surrendered, it may be sold and you may owe the difference between the net proceeds from the sale and remaining balance due under the contract. You may be obligated to pay reasonable costs of collection, including, but not limited to, court costs, attorney fees and collection agency fees. All amounts due stated in this notice must be paid by the LAST DAY FOR PAYMENT/CURE, regardless of any payment due date described in subsequent billing statement(s) you may receive If you have any questions, contact us promptly, at the number below, Monday through Friday from 8 00 AM to 10 00 PM Eastern Time, Saturday from 8 00 AM to 3 00 PM Eastern Time, and Sunday 1 00 PM to 5 00 PM Eastern Time 31103735 MAKE PAYMENT TO TD Auto Finance PO Box 16035, Lewiston, ME 04243-9517 PHONE NUMBER (800) 556-8172 PROOF OF MAILING I certify that on the date indicated below I sent by [X] First Class Mail [ ] Certified Mail a copy of the above notice to the person(s) at the address(es) stated in the above notice. SIGNATURE TITLE DATE CERTIFIED/DATE MAILED Kristin Kramer CSR 12/01/2016