Autovest, L.L.C. v. Brandy Hargrove

IN THE DISTRICT COURT IN AND FOR MUSKOGEE COUNTY STATE OF OKLAHOMA Autovest, L.L.C., ) ) Plaintiff, ) ) vs. Case No. CJ-20-43 ) ) BRANDY HARGROVE, ) ) Defendant. PETITION COMES NOW the Plaintiff, Autovest, L.L.C., and for its cause of action against the Defendant, BRANDY HARGROVE, would allege and state as follows: 1. Plaintiff, Autovest, L.L.C., is a foreign limited liability company with its principal place of business located at 26261 Evergreen Road, Southfield, Michigan. 2. Defendant, BRANDY HARGROVE, is an individual residing in Muskogee County, State of Oklahoma. 3. The claim alleged herein arose out of a contractual agreement between the parties. COUNT I BREACH OF CONTRACT 4. Paragraphs 1-3 are incorporated by reference as if fully set forth herein. 5. On April 4, 2018, the Defendant signed a Motor Vehicle Retail Installment Contract as maker wherein she borrowed $10,608.00 to purchase a 2005 Ford F150 VIN #1FTPW12595KE97539. (Attached hereto as Exhibit “A” is a true and correct copy of the Contract.) The Motor Vehicle Retail Installment Contract was subsequently assigned to Autovest, LLC, the current owner of the account. (Attached hereto as Exhibit "B" is a true and correct copy of the Assignment.) 6. The date of last payment on this account was on June 6, 2018 and no further payments were made thereafter. 7. Defendant has failed to make timely payments pursuant to the terms of the contract and is therefore in default. 8. Accordingly, Autovest, L.L.C. is filing this action for breach of contract to recover the unpaid balance of $10,164.26, with interest thereon at the applicable post judgment statutory rate per annum from the date of judgment, plus costs and fees provided for by the terms of the Contract. WHEREFORE premises considered, Autovest, L.L.C., demands judgment against the Defendant for the remaining balance of $10,164.26, with interest thereon at the applicable post judgment statutory rate per annum from the date of judgment, plus costs and attorneys fees provided for by the terms of the Contract and any other relief this court deems just and proper. Respectfully submitted, Scott F. Lehman, OBA #15908 Troy J. McPherson, OBA #32071 Hunter M. Siex, OBA #33271 Latham, Steele, Lehman, Keele, Ratcliff, Freije & Carter, P.C. 1515 E 71st Street, Suite 200 Tulsa, OK 74136 (918) 970-2099 Attorney for Autovest, L.L.C. MOTOR VEHICLE RETAIL INSTALLMENT CONTRACT / PURCHASE AGREEMENT / BILL OF SALE (With an Agreement to Arbitrate) Oklahoma Date: Apr 4, 2018 Dealer Number: 6969 Buyer Name and Address BRANDY A HARGROVE 5705 E 113TH ST S MUSKOGEE, OK 74403 Co-Buyer Name and Address Seller/Creditor Name and Address Interstate Auto Group, Inc. (OK) dba CarHop 945 S Memorial Tulsa, OK 74112 Identification of Parties and Contract: You, the Buyer (and Co-Buyer, if any), may buy the motor vehicle described below (the "Vehicle") for cash or on credit. The cash price is shown in the Itemization of the Amount Financed as “Total Cash Price”. By signing below, you represent that you have been quoted only one cash price for the Vehicle. The credit price is shown below as “Total Sale Price.” By signing this Contract, you choose to buy the Vehicle on credit as described in this Contract. “We”, “us” and “our” refer to CarHop, and any subsequent assignee of this Contract. You have thoroughly inspected, accepted, and approved the Vehicle in all respects. Promise to Pay: You promise to pay the Amount Financed shown in the Federal Truth in Lending Disclosure Box below ("TILA Box"), along with a finance charge at an annual rate of 19.90 % ("Contract Rate"). The TILA Box disclosures are part of this Contract. If more than one person signs this contract, each person is jointly and severally obligated to pay the entire amount due. <table> <tr> <th>New/Used</th> <th>Model Year/Make</th> <th>Model</th> <th>Mileage</th> <th>Vehicle Identification Number</th> <th>Primary Use For Which Purchased</th> </tr> <tr> <td>Used</td> <td>2005 FORD</td> <td>F150</td> <td>Exempt</td> <td>1FTPW12595KE97539</td> <td>Unless the business or agricultural boxes are checked below, this sale is primarily for personal, family or household purposes.<br>☐ Business ☐ Agricultural</td> </tr> <tr> <td></td> <td>Number of Tires</td> <td>Rim Diameters</td> <td></td> <td>Tag Number</td> <td></td> </tr> <tr> <td></td> <td>4</td> <td>== 19.5 inches</td> <td></td> <td></td> <td></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 when you have made all scheduled payments</th> <th>Total Sale Price<br>The total cost of your purchase on credit, including your Downpayment of</th> </tr> <tr> <td>19.90 %</td> <td>$ 3,456.88</td> <td>$ 10,608.00</td> <td>$ 14,064.88</td> <td>$ 300.00<br>$ 14,364.88</td> </tr> </table> Payment Schedule <table> <tr> <th>Number of Payments</th> <th>Amount of Each Payment</th> <th>When Payments Are Due</th> </tr> <tr> <td>34</td> <td>$ 402.00</td> <td>MONTHLY beginning May 3, 2018</td> </tr> <tr> <td>1</td> <td>$ 396.88</td> <td>Last payment due on Mar 3, 2021</td> </tr> </table> Prepayment: If you prepay all or any part of this Contract, you will not have to pay a penalty. Late Payment: [ ] If checked, you must pay a late charge on the part of each payment not received within 10 days after the date the payment is due. The charge is 5% percent of the unpaid amount of the payment or $24.50, whichever is greater. Security Interest: You are giving a security interest in the Vehicle being purchased. Please read this Contract for additional information on security interests, non-payment, default, our right to require repayment of your debt in full before the scheduled maturity date, and prepayment refunds and penalties. Miscellaneous Disclosures (boxes are checked if applicable) [ ] Odometer Discrepancy: WARNING – ODOMETER DISCREPANCY. The odometer reading on this Vehicle (disclosed above under mileage) is NOT the actual mileage. The actual mileage is unknown. The title to this Vehicle is branded as "Not Actual". You must inform any subsequent purchaser of that fact. You understand that the branding will lessen the value of the Vehicle. [X] Airbag Disclosure: We are not engaged in the business of inspecting airbags (inflatable occupant restraint systems). In connection with the sale of this Vehicle, you understand that we do not have any knowledge and make no representation or warranty as to the condition or operability of the airbags. You may have the Vehicle inspected at your own expense. [ ] Inoperable Anti-Lock Brake Disclosure: This Vehicle does not have an operable anti-lock braking system. [ ] Vehicle History Report: An independent vehicle history report identified potential Vehicle problem(s) which could include accident or collision damage, frame damage, flood/fire damage, insurance loss declarations, or theft reports. Review this report before purchase. [ ] We Owe: We acknowledge that as a condition of sale of the Vehicle, we will perform the following services within 20 days of the date of purchase. Call (918) 835-6295 to schedule service. Check and advise: [ ] Temporary License Plate Number: UN6969004317 You will receive the following type of certificate of title for the Vehicle being purchased: [x] “original” green title ☐ insurance loss dated title ☐ title with a theft or flood damage notation ☐ rebuilt, salvage or junk title ☐ other_____________________ By signing below, you understand and accept that you will receive the type of title disclosed above. Buyer Signs X BRANDY A HARGROVE Co-Buyer Signs X ____________________________ BRANDY A HARGROVE This Contract contains the entire agreement of you and us, and any change must be in writing and signed by you and us. Buyer Signs X ____________________________ Co-Buyer Signs X ____________________________ ITEMIZATION OF THE AMOUNT FINANCED 1. Total Cash Price A. Cash Price of Motor Vehicle and Accessories (1) Cash Price Vehicle $ 10,895.00 (2) Cash Price Accessories $ 0.00 B. Sales Tax $ 0.00 C. $ _________ D. $ _________ E. $ _________ F. $ _________ G. $ _________ H. $ _________ Total Cash Price (A through H) $ 10,895.00 (1) 2. Amounts Paid to Public Officials A. License Fees $ 0.00 (A) B. Registration/Transfer/Titling Fees $ 0.00 (B) C. Lienholder Notation Fee $ 13.00 (C) D. $ _________ (D) Total Official Fees (A through D) $ 13.00 (2) 3. Other Charges* A. Prior credit or lease balance paid to ____________ $ 0.00 (A) B. ____________ paid to ______________________ $ _________ (B) C. ____________ paid to ______________________ $ _________ (C) D. ____________ paid to ______________________ $ _________ (D) Total Other Charges and Amounts Paid to Third Parties (A through D) $ 0.00 (3) $ 10,908.00 (4) 4. Subtotal (1 through 3) $ 10,908.00 5. Total Downpayment A. Gross Trade-In Allowance $ 0.00 (A) B. Less Prior Credit or Lease Balance $ 0.00 (B) C. Net Trade-In (A minus B) (indicate if a negative number) $ 0.00 (C) D. Deferred Downpayment $ 0.00 (D) E. Manufacturer's Rebate $ 0.00 (E) F. Other $ _________ (F) G. Cash $ 300.00 (G) Total Downpayment (C through G) $ 300.00 (5) (if negative, enter zero for Total Downpayment and enter the amount less than zero as a positive number in 3A above) 6. Amount Financed (4 minus 5) $ 10,608.00 (6) *CarHop may receive or retain part of these amounts. <table> <tr> <th>Deferred Downpayment:</th> <th>Due:</th> <th>Deferred Downpayment:</th> <th>Due:</th> </tr> <tr> <td>$ 0.00</td> <td></td> <td></td> <td></td> </tr> <tr> <td>Deferred Downpayment:</td> <td>Due:</td> <td>Deferred Downpayment:</td> <td>Due:</td> </tr> <tr> <td></td> <td></td> <td></td> <td></td> </tr> </table> Trade-In Information Trade-In: Make: ____________________________ Model: ____________________________________ Year: ________VIN: ________________________ Trade In Allowance: $ 0.00 Lien Payoff: $ 0.00 Trade-In: Make: ____________________________ Model: ____________________________________ Year: ________VIN: ________________________ Trade In Allowance: $ 0.00 Lien Payoff: $ 0.00 You represent that you own the trade-in vehicle(s) and you grant CarHop all of your rights, title and interest in the trade-in vehicle(s). If you owe money on the trade-in vehicle(s) that is not disclosed by you or is greater than the amount disclosed in Item 5B of the Itemization of Amount Financed, you agree to pay us the difference. If the amount owed is less than the amount disclosed in 5B, we will refund you the excess amount if we receive it. NOTICES REQUIRED BY FEDERAL LAW Used motor vehicle 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. Guía para compradores de vehículos usados. La información que ve en el formulario de la ventanilla para este vehículo forma parte del presente contrato. La información del formulario de la ventanilla deja sin efecto toda disposición en contrario contenida en el contrato de venta. 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. This NOTICE does not apply if you purchased the Vehicle for business or agricultural use. The following agreements are attached hereto and incorporated into this Contract: Disclosure Statement and Agreement For Installation of a Starter Interrupt and GPS Device ADDITIONAL PROVISIONS Payments: Each of you signing this Contract jointly and severally agree to make all payments when they are due according to the Payment Schedule shown in the TILA Box on page 1 of this Contract. You may prepay this Contract at any time without penalty. Any partial prepayments will not excuse any later scheduled payment. Security Interest: To secure your obligations, and to the extent allowed by law, you give us a security interest in the Vehicle, including all accessions, attachments, accessories and equipment placed in or on the Vehicle and all proceeds of the Vehicle. You also give us a security interest in all money or goods received for the Vehicle. The security interest secures payment of all amounts you owe in this Contract and performance of your other agreements in this Contract. You will not grant anyone else a security interest, lien or any other claim to the Vehicle without our express prior written consent. If we release our security interest before you have paid your outstanding balance, you must still pay us what you owe. Late Charges and Returned Checks: If you do not make a payment on time, you agree to pay us the charge for late payments shown in the TILA Box on page 1 of this Contract (if the applicable box is checked), as well as any cost we pay to collect any late payment, as allowed by law. If we accept a late payment, your default is not excused and you cannot keep making payments late. You agree to pay the charge of $-0-for any check or other instrument you give us or payment you authorize that is unpaid, dishonored, or rejected for any reason. Finance Charges: Your Contract is a daily simple interest contract. Finance charges on your Contract accrue each day, at the Contract Rate, on the outstanding principal balance until you repay it. The daily simple interest method counts the number of days between the dates when your payments are received. It will take longer to reduce the principal balance of your Contract until all finance charges you owe are paid current. You also understand that deferments and other late or missed payments may mean that your Contract will still have an unpaid balance even after your scheduled maturity date. This means that you should always make your payments exactly on the due dates in order to avoid additional finance charges. If you are able to make payments early, you will pay less in interest. We have a guide called "How Daily Simple Interest Works" available at https://www.carhop.com/simple-interest. It has more information about how your Contract is affected by a deferment and late or missed payments. Use of Vehicle: You must take care of the Vehicle. You must obey all laws in using it. You must keep the Vehicle in your possession at the Buyer's address shown on page 1 of this Contract, unless we approve another address in writing. You may not sell or rent the Vehicle while it is subject to our security interest. You must keep it free from the claims of others. You will not take it out of the United States without our prior written consent. You will immediately tell us of any change in your address or the address where the Vehicle is regularly kept. You agree not to add to the Vehicle any accessories, equipment or any other property in which any other person has an ownership or security interest. You agree to notify us immediately of any loss or damage to the Vehicle. Certificate of Title and Taxes: You are responsible for obtaining a valid certificate of title on the Vehicle. You are also responsible for paying all fees and taxes due on the Vehicle. Vehicle Insurance: You must buy liability insurance on the Vehicle in the amount required by applicable law. You must buy any other insurance required by applicable law. If you maintain comprehensive fire, theft and collision coverage, you will name us as loss payee and provide whatever evidence of insurance we request. Whether or not the Vehicle is insured, you will pay us all you owe under this Contract even if the Vehicle is lost, stolen, damaged beyond repair, or destroyed. Other Promises: You promise the information you have given in your credit application and any information you have provided in connection with your purchase and financing of the Vehicle is true and correct. Default: You will be in default if (1) you do not make any payment in full when such payment is due; (2) you gave false or misleading information on your application relating to this Contract; (3) you file a bankruptcy petition or if one is filed against you; (4) the Vehicle is lost, damaged beyond repair, or destroyed or not in your possession; (5) you do not keep any other agreement in this Contract. If you are in default, subject to any notice and right to cure required by law, we may require you to pay at once the unpaid balance of the Amount Financed, the unpaid part of the Finance Charge and all other amounts due under this Contract. We may take back (repossess) the Vehicle. We may also take items of personal property found in the Vehicle when we take back the Vehicle and hold them for you. If you do not claim them within 30 days or any other applicable time period required by law, we will dispose of them in a commercially reasonable manner. If we refer this Contract to an attorney who is not our salaried employee for collection or enforcement, you agree to pay reasonable attorney's fees not exceeding 15% of the unpaid debt, to the extent permitted by applicable law. You also agree to pay, to the extent permitted by applicable law, all reasonable costs and expenses we incur in realizing on the security interest, which may include expenses of retaking, holding, preparing for disposition, processing and disposing of the Vehicle. If we take back the Vehicle, we will sell it unless you exercise any right to cure or redeem the Vehicle that you may have under state law. The sale proceeds, less reasonable amounts we incur in realizing on our security interest, and less our attorney's fees and legal costs if permitted by law, will be used to pay the amount you owe on this Contract. Any money left will be paid to you unless the law requires that we pay it to someone else. If the sale proceeds are not enough to pay off this Contract and costs, you will pay what is still owed (the deficiency) to us, to the extent permitted by applicable law. If we repossess the Vehicle, you may be required to pay our actual costs of taking and storing the Vehicle, to the extent such charges are permitted by law. If you owe us a deficiency, you may be charged interest at the Contract Rate or the highest lawful rate until you pay us all that you owe. To the extent not limited by applicable law, we may file an action to recover additional amounts owed. To the extent permitted by applicable law, we can, without notice, delay enforcing our rights or exercise only part of them without losing them, waive a right we have without waiving it for subsequent opportunities to exercise that right, and waive a right we have as to one Buyer without waiving it as to the other(s). Assignment: You may not assign your rights in the Vehicle or under this Contract without our written permission. We may sell or assign our rights in this Contract without your permission. We may sell or assign this Contract for an amount that is more than or less than the Amount Financed. Credit Reports: You authorize us and any person to whom this Contract may be assigned to obtain a consumer credit report on you and to investigate your credit and employment history from time to time to review your account. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of this Contract. General: Federal law and Oklahoma law apply to this Contract. If that law does not allow all the agreements in this Contract, the ones that are not allowed will be void. The rest of this Contract remains valid and effective. This Arbitration Provision significantly affects your rights in any dispute with us. Please read this Arbitration Provision carefully before you sign below. 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT. 2. IF A DISPUTE IS ARBITRATED, YOU AND WE WILL EACH GIVE UP OUR RIGHT TO A TRIAL BY THE COURT OR A JURY TRIAL. 3. 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. 4. THE INFORMATION YOU AND WE MAY OBTAIN IN DISCOVERY FROM EACH OTHER IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. 5. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether in contract, tort or otherwise (including the interpretation and scope of this clause and the arbitrability of any issue), between you and us or our employees, agents, successors or assigns, which arises out of or relates in any manner to the purchase and financing of your Vehicle 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 (or the election of any such third party), be resolved by neutral, binding arbitration and not by a court action. Any claim or dispute is to be arbitrated on an individual basis and not as a class action, and you expressly waive any right you may have to arbitrate a class action (this is called the “Class Action Waiver”). You may choose the applicable rules of either the American Arbitration Association (1-800-778-7879) or another arbitration organization that you choose and that we approve in writing. We waive the right to require you to arbitrate an individual (as opposed to a class) claim if the amount you seek to recover, including attorneys’ fees and expenses, is less than $10,000. You may obtain a copy of the AAA rules by calling the number indicated or by visiting its web site. The arbitrators shall be attorneys or retired judges and shall be selected in accordance with the applicable rules. The arbitration award shall be in writing, but without a supporting opinion. The arbitration hearing shall be conducted in the federal district in which you reside or in some other location convenient to you. We will pay any arbitration filing fee. We will also pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours. We will also pay any fees and charges that the arbitrator determines that we must pay in order to assure that this Arbitration Provision is enforceable. The arbitrator’s award shall be final and binding on all parties, subject to any right of appeal under the Federal Arbitration Act. This Arbitration Provision relates to a contract that evidences a transaction involving interstate commerce. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act. If a court should determine that the transaction did not involve interstate commerce, the parties agree that this Arbitration Provision shall be governed by state law. You may opt out of your agreement to arbitrate disputes by notifying us in writing of your decision to do so and sending the notification to us at CarHop Opt Out, P.O. Box 398104, Edina, MN 55439-8104 by certified mail within 15 days of the date you sign this Arbitration Provision. Neither you nor we waive the right to arbitrate by exercising self-help remedies, filing suit, or seeking or obtaining provisional remedies from a court. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Notwithstanding anything else in this Contract to the contrary, if any part of this Arbitration Provision other than the Class Action Waiver is found by a court or arbitrator to be unenforceable, the remainder shall be enforceable. This Arbitration Provision shall survive the termination of any contractual agreement between you and us, whether by default or repayment in full. I/we agree to arbitrate disputes according to the terms of the Arbitration Provision, above. By signing below, I acknowledge I have read the Arbitration Provision, including the opt-out provision, and understand its terms. Buyer Signs X ___________________________ Co-Buyer Signs X______________________________ BRANDY A HARGROVE Used Vehicle Limited Warranty CarHop agrees to repair or replace any Covered Part of the above vehicle upon failure or malfunction of a Covered Part specified below, subject to the following terms, conditions, exclusions and limitations: Warranty Coverage: The Limited Warranty covers only your use of the Vehicle. This Limited Warranty is not transferable to, nor enforceable by, any other person. The Limited Warranty applies only if the Vehicle is purchased primarily for personal, family or household use. Warranty Term: This Limited Warranty covers the Vehicle for a period of 18 months from the date of this Contract, or 18,000 miles beyond 158,059 (the vehicle odometer reading today), whichever occurs first. Covered Parts: CarHop will pay the total cost of the parts and labor necessary to repair or replace Covered Parts if the defect or malfunction in the Covered Part is caused by a mechanical breakdown or failure under normal service and use (the inability of any Covered Part to perform its designed function). The Covered Parts include: • Engine - all lubricated parts, intake manifolds, engine block, rotary engine housings, ring gear, cylinder heads, fuel pump, oil pump, timing gears and chain, valve covers and water pump; • Transmission - all internal parts, seals, gaskets, torque converter and transmission case; • Drive Axle – on front-wheel drive and rear-wheel drive vehicles: the axle housings and internal parts, drive shafts, retainers and universal and constant velocity joints. Deductible: For all repairs made under this warranty in a single repair visit, there will be a $75.00 deductible charge to you. You will pay that amount to the repair shop. Only one deductible applies if the failed Covered Part(s) cannot be repaired on a single visit. Warranty Exclusions: This Limited Warranty does not cover • Any and all parts not expressly specified immediately above under the heading Covered Parts; • Repairs covered by any manufacturer’s warranty or recall program as well as repairs of a Covered Part because of collision, abuse, or your failure to properly maintain the Vehicle in accordance with the manufacturer’s recommended maintenance schedule; the lack of appropriate fluid levels (e.g., oil, water, transmission fluid); continued operation of the Vehicle after the occurrence of a mechanical breakdown or warning light notice; modification of the Vehicle from or operation of the Vehicle in a manner that is not in conformance with the manufacturer’s specifications or intended use; improper or contaminated fuel; negligence, theft, vandalism, or acts of nature or God; • AFTER THE EXPIRATION OF THIS LIMITED WARRANTY, CARHOP DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE NOT ENTITLED TO RECOVER ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS, OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES. Our Obligations: In the event of a malfunction, defect, or failure of a Covered Part, CarHop, or CarHop’s designee, will repair or replace the Covered Part or, at CarHop’s election, accept return of the Vehicle and provide a refund to the Buyer. CarHop may, at its sole discretion, use new or used or remanufactured parts. The timeliness of the repairs may be affected by the availability of replacement parts. Your Obligations: In order to obtain repairs or replacements under this Limited Warranty, you must: • Promptly notify CarHop at (918) 835-6295 of any failure, malfunction or defect in any Covered Parts; • Bring the Vehicle, within a reasonable time, to CarHop or arrange with CarHop to have the Vehicle brought to CarHop or a vendor selected by CarHop, for inspection and repair; • Obtain the consent of CarHop before having repairs completed by anyone other than CarHop or a vendor selected by CarHop; • Authorize in writing all repair work to be performed under this Limited Warranty; • Allow CarHop to inspect the Vehicle both prior to and after a service/repair is performed pursuant to a claim under this Limited Warranty; • Provide proof, in the form of service receipts, of having properly maintained the Vehicle in accordance with manufacturer’s recommended maintenance schedule. State Law Limitations: Some states do not allow limitations on how long an implied warranty lasts, or do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. This Limited Warranty gives you specific legal rights and you may also have other rights, which vary from state to state. This Limited Warranty is between you and CarHop. CarHop retains all obligations under this Limited Warranty upon assignment of this Contract. Servicing and Collection Contacts: You agree that all of the following will apply to us or any assignee (collectively "we") of this Contract. Subject to applicable law, (a) we may monitor and record telephone calls regarding your account to assure the quality of our service or for other reasons; (b) we may use prerecorded/artificial voice messages, text messages and/or automatic telephone dialing equipment while servicing or collecting your account, as the law allows; (c) we may take these actions using the telephone number(s) that you provided on your credit application as well as the number(s) that you provide us, or any assignee of this Contract, in the future, even if the number is for a mobile telephone and/or using the number results in charges to you; (d) we may contact any personal references you provide to us if we are unable to contact you. We understand that buying and financing a vehicle is a big decision, so please take time to carefully review this entire Contract before signing. By signing below, you acknowledge that you were given an opportunity to drive and inspect the Vehicle, found it free from any reasonably discoverable defects, and you do not require any changes or additional services to it, EXCEPT those identified in the “We Owe” box in the Miscellaneous Disclosures section on page one (1). You understand that we do not provide loaner vehicles or pay for towing. Nothing in this paragraph is intended to limit in any way the Used Vehicle Limited Warranty provided to you in this Contract. By initialing here, you agree that you viewed the CarHop Closing Video and had all questions answered. Satisfaction Guarantee. If you return your Vehicle to us in its original, undamaged condition by Apr 11, 2018, we will refund all payments made to date or you can exchange your Vehicle for another of similar value, as solely defined by us. You are liable for any damages or costs resulting from your ownership of the Vehicle while it is in your possession. Notice to Buyer: (1) Do not sign this Contract before you read it or if it contains any blank spaces to be filled in. (2) You are entitled to a completely filled-in copy of this Contract. (3) Keep this Contract to protect your legal rights. ACKNOWLEDGMENT: You agree to the terms on all pages of this Contract, including the Arbitration Provision on page 4, and acknowledge that you received a completely filled-in copy of this Contract when you signed it. Buyer Signs: X BRANDY A HARGROVE Apr 4, 2018 Date Co-Buyer Signs: X Apr 4, 2018 Date CarHop Signs By: X Apr 4, 2018 Date CarHop accepts this Contract and assigns it to Universal Acceptance Corporation (OK), located at P.O. Box 398104, Edina, MN 55439, subject to the terms of a separate agreement between CarHop and Assignee. CarHop Signs By: X Apr 4, 2018 Date ADDENDUM TO A RETAIL INSTALLMENT CONTRACT DATED Apr 4, 2018 BETWEEN You BRANDY A HARGROVE ("Buyer"), ____________________________ ("Co-Buyer") (collectively referred to as "Buyers", "you", "your") and CarHop or any assignee ("we" or "our" or "us") for the Vehicle (described below) Year Make Model VIN 2005 FORD F150 1FTPW12595KE97539 This Disclosure Statement and Agreement for Installation of a Starter Interrupt and GPS Device ("the Agreement") is incorporated into the Motor Vehicle Retail Installment Contract (the "Contract") you signed in connection with your purchase of the vehicle described above ("the Vehicle"). You understand the Vehicle is equipped with a starter interrupt and GPS Device (the “Device”). You acknowledge that this Agreement and the Contract may be assigned as permitted by law. PLEASE READ AND SIGN BELOW TO INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THE FOLLOWING TERMS AND THE CONSEQUENCES OF FAILING TO MAKE PAYMENTS AS REQUIRED BY THE CONTRACT OR FOR OTHERWISE FAILING TO COMPLY WITH THE TERMS OF THE CONTRACT. 1) You understand that the installation of the Device is a material condition in order to finance the purchase of the Vehicle. You further understand that you may be able to purchase a vehicle from another dealership without the installation of such a Device. 2) You understand that the Device is the property of the holder of the Contract. You understand that, to the extent it significantly impairs the Contract holder's prospect of payment, performance, or realization of collateral, altering, disconnecting, removing or tampering with the Device will be considered a default under this Agreement and the Contract. The Contract holder bears the burden of establishing the prospect of significant impairment. You may be liable for the cost to repair or replace the Device, and to repair or replace parts of the Vehicle if you tamper, alter, disconnect, or remove the Device from the Vehicle. 3) You understand that if the holder of the Contract does not receive payment as required by the terms of the Contract, or you have breached the terms of the Contract, after any notice and right to cure required by law, the starter interrupt on the Vehicle may be remotely activated. If the starter interrupt is activated you will not be able to restart the Vehicle until you have made the payment and/or satisfied the terms of the Contract that were breached. Payment may be made via certified or cashier’s check, wire transfer or other approved electronic transfer to continue operation of the Vehicle as follows: a) if by mail, the payment must be made to holder of the Contract, b) in person, at a designated payment center, or c) by approved electronic means. If payment is made any other way, the holder of the Contract may refuse to re-enable the Vehicle’s starter until it receives confirmation that the funds have cleared. Once payment in collected funds is received by the holder of the Contract the Vehicle’s starter will be re-enabled and the Vehicle will then be operable. This is not intended to serve as a waiver of any rights the holder of the Contract has under the Contract or the Uniform Commercial Code of the state whose law governs this Agreement pertaining to default or repossession, nor does it create any additional right to cure which you might have under such law or the Contract (if any). 4) You understand that we may assign our rights, title and interest in the Contract at any time as permitted by law. The assignment of the Contract will not in any way affect the terms or conditions of this Agreement. 5) You understand and agree that we or the holder of the Contract may use the GPS functionality of the Device to locate the Vehicle to repossess the Vehicle in accordance with the Contract. In addition, we or the holder may activate and use the GPS technology to verify and maintain the operation status of the tracking technology, to locate the Vehicle to service the Contract or keep the Contract current, to ensure compliance with the Contract terms and conditions, or to determine if the Vehicle has been impounded. 6) You understand that only we or the holder of the Contract (or authorized representatives), are permitted to perform maintenance on the Device or any of its components. Should maintenance or repair to the Device be required, you agree to make the Vehicle available during normal business hours to us or any assignee. You understand that we or the holder of the Contract have full responsibility for the cost of repairs to the Device, except for repairs caused by your tampering with, altering, disconnecting, or removing the Device. 7) When the Contract is paid in full, you agree to make the Vehicle available at a place designated by the holder of the Contract, and the holder of the Contract will remove the Device at the holder's expense. 8) You acknowledge that you have not been charged, nor have you paid any fee or charge to us or the holder of the Contract relating to the initial installation of the Device. NOTICE TO BUYER: Do not sign this without reading it first. By signing below, you acknowledge that you have been given the opportunity to read this prior to signing the Contract and have had any questions regarding the Device answered to your satisfaction. This Agreement is hereby incorporated by reference into the Contract, and all terms and conditions of the Contract will apply to this Agreement, including but not limited to the agreement to arbitrate disputes. Buyer X_________________________ Co-Buyer X_________________________ BRANDY A HARGROVE CarHop X_________________________ By its authorized representative CarHop OK-RISC01 Revised 11/2016 BILL OF SALE THIS BILL OF SALE is made and entered into between Autovest, L.L.C. ("Buyer") and Universal Acceptance Corp. ("Seller"), pursuant to the Forward Flow Accounts Purchase Agreement dated June 6, 2016 (the "Agreement") entered into between Buyer and Seller. Capitalized terms used but not defined herein shall have the same meaning as defined in the Agreement. In consideration of the payment made pursuant to the Agreement and such other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Seller does hereby sell, transfer, convey, assign and deliver to Buyer, effective as of the Closing Date: (a) all rights, title and interest of Seller in and to those certain receivables, Accounts, or evidences of Debt described in the Agreement and Account Schedule (attached hereto as Exhibit I) attached hereto and made part hereof for all purposes, including (b) all principal, interest or other proceeds of any kind with respect to the Accounts described on the Account Schedule, but excluding any payments or other consideration received by Seller on or prior to the Cut-off Date; without recourse and without representation or warranty of any type, kind, character or nature, express or implied, except as specifically provided in the Agreement, and subject to Buyer's and Seller's repurchase rights as set forth in the Agreement Buyer hereby accepts such sale, transfer, conveyance, assignment, and delivery of the Accounts, including without limitation the right to all principal, interest or other proceeds of any kind with respect to the Accounts remaining due and owing as of the Cut-Off Date applicable to such Accounts. Pursuant to the foregoing sale and assignment, the Seller stipulates that Buyer may be substituted for Seller as the valid owner of the Accounts and hereby waives any notice or hearing requirements or otherwise. Nothing in this Bill of Sale and Assignment shall be deemed to modify, limit or amend any of the rights or obligations of Buyer or Seller under the Agreement. This Bill of Sale shall inure to the benefit of, and be binding upon, the respective permitted successors and assigns of Seller and Buyer and shall be governed by and construed and interpreted in accordance with the Agreement and the laws of the State of Minnesota, without regard to such state's principles of conflicts of law. This Bill of Sale may be executed by facsimile or electronic transmission in multiple counterparts, each of which shall be an original, but together shall constitute one and the same instrument. IN WITNESS WHEREOF, each party, through its duly authorized officer, has caused this Bill of Sale to be executed in their name this 20th day of February, 2019. SELLER: UNIVERSAL ACCEPTANCE CORP. By: _______________________ Name: _____________________ Title: ______________________ BUYER: Autovest, L.L.C. By: _______________________ Name: Kimberlee M. Basha Title: Member STATE OF Minnesota ) COUNTY OF Hennepin ) Sworn before me this 20th day of February, the year of our Lord, two thousand and nineteen (2019). Annette L. Rumreich (Notary Stamp & Signature) My commission expires: 1-31-22