Autovest, L.L.C. v. MAVA RIVAS-LOERA

IN THE DISTRICT COURT IN AND FOR CADDO COUNTY STATE OF OKLAHOMA Autovest, L.L.C., Plaintiff, vs. MAVA RIVAS-LOERA, Defendant(s). PETITION COMES NOW the Plaintiff, Autovest, L.L.C., and for its cause of action against MAVA RIVAS-LOERA, would allege and state as follows: JURISDICTION AND VENUE 1. 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, MAVA RIVAS-LOERA, is an individual residing in Caddo County, State of Oklahoma. 3. The claim alleged herein arose out of a contractual agreement between the parties. BREACH OF CONTRACT 4. Autovest, L.L.C. re-alleges and incorporates by reference all allegations made in Paragraphs 1-3 as if fully stated herein. 5. On September 19, 2015, the Defendant executed a Retail Installment Sales Contract ("Contract") in the amount of $13,408.00 to purchase a DODGE RAM VIN 1D7HA18N14J193397. (Attached hereto as Exhibit "A" is a true and correct copy of the Contract.) The Retail Installment Sales 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. To further secure payment on the contract the Defendant granted a security interest in the above referenced property. 7. The date of last payment on this account was on December 14, 2015 and no further payments were made thereafter. Because the Defendant defaulted on the contract the previous owner and holder of the contract repossessed and sold the above-described property. 8. The proceeds from the sale were not sufficient to pay the entire outstanding balance and as such, the Defendant remains liable for the deficiency balance as set forth herein. 9. Autovest, L.L.C. is filing this action for breach of contract to recover the unpaid balance of $11,459.39, 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 $11,459.39, 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. RETAIL INSTALLMENT SALE CONTRACT - SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Buyer Name & Address: JAY REBECCA HILL CLERK 710 N. BIRD ST FORT COLLINS, 73036 Co-Buyer Name & Address (including County and Zip Code): N/A Seller-Creditor (Name and Address): DAVID STANLEY DODGE 7590 SE 29TH ST WESTSIDE CITY OR 97110 You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements on the front and back of this contract. You agree to pay the Seller - Creditor (sometimes "we" or "us" in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-in-Lending Disclosures below are part of this contract. New/Used/Demo Year Make and model Mileage Vehicle Identification Number Primary Use For Which Purchased USED 2004 DODGE TRUCK RAM 1500 167828 107AIAH1N4J193397 Personal, family or household unless otherwise indicated below. [ ] Business [ ] agricultural [ ] N/A FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL PERCENTAGE RATE (APR) The cost of your credit as a yearly rate. 21.00 % FINANCE CHARGE The amount that the amount the credit will cost you. $962.76 Amount Financed: The maximum dollar credit provided to you by us on your behalf. $1,349.00 Total of Payments: The amount you will have paid after you have made at least one payment according to our scheduled terms. $2,417.76 Total Sales Price: The total price of your purchase or lease including all charges that we state that you must pay either directly or indirectly. $2,567.76 Your Payment Schedule Will Be: <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>57</td> <td>$375.66</td> <td>Monthly beginning 11/02/2015</td> </tr> <tr> <td>N/A</td> <td>N/A</td> <td>N/A</td> </tr> <tr> <td>Or As Follows: N/A</td> <td></td> <td></td> </tr> </table> Late Charge: If payment is not received in full within 10 days after it is due, you will pay a late charge of $24.50 or .5% of the part of the payment that is late, whichever is greater. Prepayment: If you pay all your debt early, you will not have to pay a penalty. Security Interest: We are giving a security interest in the vehicle being purchased. Additional Information: See this contract for more information, including information about nonpayment, default, any required repayment in full before the scheduled date and security interest. ITEMIZATION OF AMOUNT FINANCED 1. Cash Price (excluding taxes and fees) $1,345.00 (h) 2. Total Downpayment $999 CHEVROLET TRUCK C/K 1500 <table> <tr> <th>(Year)</th> <th>(Make)</th> <th>(Model)</th> </tr> <tr> <td>N/A</td> <td>CHEVROLET</td> <td>TRUCK C/K 1500</td> </tr> </table> - Gross Trade-In Allowance $4,200.00 - Loss Pay Off Made By Seller N/A - Equals Net Trade-in $4,200.00 - -Cash N/A - Other N/A (If total downpayment is negative, enter 0 and see #4 below) $925.00 (d) 3. Unpaid Balance of Cash Price (1 minus 2) $925.00 (d) 4. Other Charges Including Amounts Paid to Others on Your Behalf (Seller may keep part of these amounts) A Cost of Optional Credit insurance Paid to Insurance Company or Company Use Disability Vendor's Single Interest Insurance Premium $ N/A Paid to Insurance Company $ N/A Other Charges Including Paid to Insurance Company or Company Premium $ N/A Premium $ N/A Optional Gas Contract Premium $ N/A Official Fees Paid to Government Agencies Premium $ N/A Government Taxes Not Included in Cash Price Premium $ N/A Government License and/or Registration Fees FILING/IEN FEE(S) Premium $ N/A Government Certificate of Title Fees Premium $ N/A I Other Charges (Seller must identify who is paid and estimated amounts) Premium $ N/A DAYS N/A SERVICE CONTRACT Premium $300.00 DAVID STANLEY DODGE DOC FEE Premium $349.00 Premium $ N/A Premium $ N/A Premium $ N/A Premium $ N/A Premium $ N/A Premium $ N/A Premium $ N/A Premium $ N/A Other Charges (See above #4) $1,558.00 (e) 5. Amount financed (2 + 4) $1,249.00 (d) [ ] VENDOR'S SINGLE INTEREST INSURANCE (VS insurance) If this preceding box is checked, the Creditor requires VS insurance for the initial term of the contract to protect the Creditor for loss or damage to the vehicle (collision, fire, theft). VS insurance is for the Creditor's sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VS insurance is obtained. If you elect to purchase VS insurance through the Creditor, the cost of the insurance is $ N/A, and is also shown in Item 4B of the Itemization of Amount Financed. The coverage is for the retail value of the vehicle. Any interest arising from this insurance is subject to registration against the State. OPTION: [ ] You pay no finance charge if the Amount Financed, item 5, is paid in full on or before [ ] Yes/N/A _______ SELMER'S INITIALS N/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. NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights. HOW THIS CONTRACT CAN BE CHANGED: This contract contains the only agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding. Buyer Signs [ ] DAVID STANLEY DODGE CO-BUYER SIGNS [ ] ________ Date/A_________ Name of Cap Contract Agreement to Arbitration: By signing below, you agree that, pursuant to the Arbitration Provision on the reverse side of this contract, you or we may elect to resolve any dispute by neutral binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement to arbitrate. Buyer Signature [ ] ________ Co-Buyer Signature [ ] ________ 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 his right to receive a part of the Finance Charge. OTHER IMPORTANT AGREEMENTS NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights. You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You acknowledge that you have read 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 [ ] REBECCA HILL CLERK Date/9/15/15 [ ] SIGNATURE [ ] DATE/YEAR Co-Buyer Signature [ ] N/A Date/YEAR Other owner names here: N/A Other owner address here: N/A [ ] Seller assigns its interest in this contract to AMERICAN CREDIT ACCEPTANCE LLC (Assignee) under the terms of Seller's agreements(a) with Assignee. [ ] Assigned with recourse [ ] Assigned without recourse [ ] Assigned with limited recourse Dealer Number ___________________________ Contract Number ______________________ OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS a. We will figure Finance Charge. We will figure 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 and to other amounts you owe us, in any order we choose. c. How late payments or early payments change what you must pay. We added the Finance Charge, Total of Payments, and Total Sale Price shown on the front on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Charges may take the form of a larger or smaller final payment or, at our option, can be added to your next payment and increase your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due. d. You may prepay. You may pay all or part of the unpaid part of the Finance Charge at any time without penalty. If you do so, you must pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment. e. Your right to refinance a balloon payment. A balloon payment is a scheduled payment that is more than twice as large as the sum of your earlier scheduled payments. If you are buying the vehicle primarily for personal, family or household use, you have the right to refinance the balloon payment when due without penalty. The terms of the refinancing will be no less favorable than those you had previously. (This provision does not apply if we adjusted your payment schedule to your seasonal or irregular income.) 2. YOUR OTHER PROMISES TO US a. If the vehicle is damaged, destroyed, or missing. You agree to pay us all you owe under the contract even if the vehicle is damaged, destroyed, or missing. b. Using the vehicle. You agree not to remove the vehicle from the U.S. or Canada, or to sell, rent, lease, or transfer any interest in the vehicle or the contract without our written permission. You agree not to expose the vehicle to theft, secured compensation, or involuntary transfer. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we ask for it. c. Security Interest. You give us a security interest in: • The vehicle and all parts or goods put on it; • All money or goods received (proceeds) for the vehicle; • All insurance, maintenance, service, or other contracts we finance for you; and • All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts. This secures payment of all you owe on this contract. It also secures your other agreements in this contract. You may make sure the title shows our security interest (lien) in the vehicle. You will not allow any other security interest to be placed on the title without our written permission. d. Insurance you must have on the vehicle. You agree to have physical damage insurance covering loss or damage to the vehicle for the term of this contract. The insurance must cover our interest in the vehicle. If we do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to buy insurance, you agree to pay us the cost of the insurance that covers your interest and our interest in the vehicle, or buy insurance that covers only our interest. If we buy either type of insurance, we will tell you which type and the charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on the front of this contract. If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or recall the vehicle. e. What happens to returned insurance, maintenance services, 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 owe late charges. You will pay a late charge on each late payment as shown on the front. Acceptance of a late payment does not excuse your late payment or mean that you may keep making late payments. b. If you pay late, we may also take the actions described below. • If you have to pay all you owe once. If you break your promises (default), we may demand that you pay all you owe on this contract at once. Default means: • You do not pay any payment on time; • You give false, incomplete, or misleading information on a credit application; • You start a proceeding in bankruptcy or one is started against you or your property; or • You breach any terms in this contract. The amount you will owe will be the unpaid part of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because you defaulted. • We may have to pay court costs. If we hire an attorney who is not a salaried employee to collect what you owe, you will pay the attorney's fee and court costs the law permits. The maximum attorney's fee you will pay will be 15% of the amount you owe, unless a court awards an additional amount. • We may take the vehicle back. If you default, we may take possession of the vehicle from you if we do so peacefully and if the law allows it. If your vehicle has an electronic tracking device, you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement parts will stay on the vehicle. Any purchased tandem tires in the vehicle, we require you to pay them at your expense. If you do not ask for these items back, we may dispose of them as the law allows. • How you can get the vehicle back if we take it. If we repossess the vehicle, you may pay to get it back. (including attorney fees) but we must return it within 60 days. Your right to redeem ends when we sell the vehicle. • We will sell the vehicle if you do not get it back; if you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle. We will apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs, if the law permits, are also allowed expenses. If any money is left (surplus), we will pay it to you within 60 days after the sale, if it is so required by state law. If there is not enough money to pay the amount you owe, you must pay the rest to us unless the law provides otherwise. If you do not pay this amount when we ask, we may charge you interest at a rate not exceeding the highest lawful rate until you pay. • What we may do about optional insurance, maintenance, service, or other contracts. This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, we may cause you to lose these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe. 4. WARRANTIES SELLER DISCLAIMS Unless the Seller makes a written warranty or enters into a service contract within 90 days from the date of this contract, Seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. 5. Used Car Buyers Guide. The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale. Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la ventana para este vehículo forma parte del presente contrato. La información del formulario de la ventana deja sin efecto toda disposición en contrario contenida en el contrato de venta. 6. SERVICING AND COLLECTION CONTACTS You agree that we may try to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and automatic telephone dialing systems, as the law allows. You also agree that we may try to contact you in these and other ways at any address or phone number you provide, but 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. ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. A CLASS ACTION IS NOT PERMITTED. YOU MAY NOT BE A CLASS MEMBER OR CLAIM MEMBER ON ANY CLASS AND MAY NOT CLAIM AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 3. DISPUTES AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether in contract, tort, status or otherwise (including the interpretation and scope of the Arbitration Provision, and the arbitrability of the claim or dispute), including claims based upon or arising out of your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your Our election, be resolved by arbitration. Any claim or dispute to which you elect arbitration must be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate your claim as a class, collective or representative action, or to utilize any other form of alternative dispute resolution proceedings that are not individually conducted. If you file a lawsuit against us, the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the rules of the arbitration organization that is chosen. Arbitrators shall be located in the federal district where this contract was executed. We will pay your filing and other fees required by the arbitration organization that is chosen. If we or you do not pay these fees, the arbitrator may assess the fees against you or us. All subsequent administration, service or case management costs relating to the arbitration will be borne by your party. The arbitration organization that is chosen may award any amount permitted by law, including actual damages, punitive damages, and any other available relief except attorney fees. The amount may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own attorney's fees in the arbitration. If the arbitrator finds that any of your claims is frivolous under applicable law, each party shall be responsible for its own BILL OF SALE AND ASSIGNMENT Razor Capital, LLC, a limited liability company formed under the laws of Minnesota with an office at 8000 Norman Center Drive, Ste. 860, Bloomington, MN 55437 ("Seller") hereby absolutely sells, transfers, assigns, sets-over and conveys to Autovest, L.L.C. with an office at 26261 Evergreen Road, Suite 390, Southfield, MI 48076 ("Buyer") without recourse and without representations or warranties, express or implied, of any type, kind or nature except as set forth in the Agreement (hereinafter defined): (a) all of Seller's right, title and interest in and to each of the Accounts identified in the Account Schedule attached hereto as Exhibit A (the "Accounts") and the other elements of the Account Packages (as defined in the Agreement), and (b) all principal, interest or other proceeds of any kind with respect to the Accounts, but excluding any payments or other consideration received by or on behalf of Seller on or prior to December 28, 2016, with respect to the Accounts. This Bill of Sale is being executed and delivered pursuant to and in accordance with the terms and provisions of that certain Purchase and Sale Agreement made and entered into by and between Seller and Buyer dated December 28, 2016 (the "Agreement"). The Accounts and Account Packages are defined and described in the Agreement and are being conveyed hereby subject to the terms, conditions and provisions set forth in the Agreement. This Bill of Sale shall be governed by the laws of the State of Mississippi without regard to the conflicts-of-laws rules thereof. DATED: [1/17/17] SELLER: By: Name: Christopher Winkler Title: CEO STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On 1/17/17, before me the undersigned officer, personally appeared Christopher Winkler, who acknowledged him/herself to be the CEO of Razor Capital, LLC., a Minnesota limited liability company, signer and sealer of the foregoing instrument, and that he/she as such officer, being authorized so to do, acknowledged the execution of the same to be his/her free act and deed as such officer and the free act and deed of said corporation. IN WITNESS-WHEREOF, I hereunto set my hand. Notary Public GREGORY EDWARD WOODFORD NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31, 2017 BILL OF SALE AND ASSIGNMENT American Credit Acceptance, LLC, a limited liability company formed under the laws of South Carolina with an office at 961 E Main Street, Spartanburg, SC 39302 ("Seller") hereby absolutely sells, transfers, assigns, sets-over and conveys to Security Credit Services, LLC, a limited liability company formed under the laws of MS with an office at 2653 W Oxford Loop, Oxford, MS 38655, ("Buyer") without recourse and without representations or warranties, express or implied, of any type, kind or nature except as set forth in the Agreement (hereinafter defined): (a) all of Seller's right, title and interest in and to each of the Accounts identified in the Account Schedule attached hereto as Exhibit A (the "Accounts") and the other elements of the Account Packages (as defined in the Agreement), and (b) all principal, interest or other proceeds of any kind with respect to the Accounts, but excluding any payments or other consideration received by or on behalf of Seller on or prior to October 21, 2016, with respect to the Accounts. This Bill of Sale is being executed and delivered pursuant to and in accordance with the terms and provisions of that certain Purchase and Sale Agreement made and entered into by and between Seller and Buyer dated October 21, 2016 (the "Agreement"). The Accounts and Account Packages are defined and described in the Agreement and are being conveyed hereby subject to the terms, conditions and provisions set forth in the Agreement. This Bill of Sale shall be governed by the laws of the State of Mississippi without regard to the conflicts-of-laws rules thereof. DATED: October 21, 2016 SELLER: By: American Credit Acceptance, LLC Name: Tim MacPhail Title: Chief Financial Officer STATE OF SOUTH CAROLINA) COUNTY OF SPARTANBURG ) ss. On October 21, 2016, before me the undersigned officer, personally appeared Tim MacPhail, who acknowledged him/herself to be the Chief Financial Officer of American Credit Acceptance, LLC, a South Carolina limited liability company, signer and sealer of the foregoing instrument, and that he/she as such officer, being authorized so to do, acknowledged the execution of the same to be his/her free act and deed as such officer and the free act and deed of said corporation. IN WITNESS WHEREOF, I hereunto set my hand. Commissioner of the Superior Court Notary Public Commission Date: August 5, 2020 Record Number: ____________ SUZANNE KAY BROCKMAN NOTARY PUBLIC SOUTH CAROLINA EXHIBIT B BILL OF SALE AND ASSIGNMENT Security Credit Services, LLC, a limited liability company formed under the laws of Mississippi with an office at 2653 W. Oxford Loop, Oxford, MS 38655 ("Seller") hereby absolutely sells, transfers, assigns, sets-over and conveys to Razor Capital, LLC, a limited liability company formed under the laws of Minnesota with an office at 8000 Norman Center Drive, Ste. 860, Bloomington, MN 55437, ("Buyer") without recourse and without representations or warranties, express or implied, of any type, kind or nature except as set forth in the Agreement (hereinafter defined): (a) all of Seller's right, title and interest in and to each of the Accounts identified in the Account Schedule attached hereto as Exhibit A (the "Accounts") and the other elements of the Account Packages (as defined in the Agreement), and (b) all principal, interest or other proceeds of any kind with respect to the Accounts, but excluding any payments or other consideration received by or on behalf of Seller on or prior to October 21, 2016 with respect to the Accounts. This Bill of Sale is being executed and delivered pursuant to and in accordance with the terms and provisions of that certain Purchase and Sale Agreement made and entered into by and between Seller and Buyer dated October 21, 2016 (the "Agreement"). The Accounts and Account Packages are defined and described in the Agreement and are being conveyed hereby subject to the terms, conditions and provisions set forth in the Agreement. This Bill of Sale shall be governed by the laws of the State of Mississippi without regard to the conflicts-of-laws rules thereof. DATED: [10/21/2016] Security Credit Services, LLC: By: [signature] Name: Kaye Dreifurst Title: President STATE OF MISSISSIPPI ) ss. COUNTY OF Lafayette ) On 10/21/2016 before me the undersigned officer, personally appeared Kaye Dreifurst, who acknowledged herself to be the President of Security Credit Services, LLC, a Mississippi limited liability company, signer and sealer of the foregoing instrument, and that he/she as such officer, being authorized so to do, acknowledged the execution of the same to be his/her free act and deed as such officer and the free act and deed of said corporation. IN WITNESS WHEREOF, I hereunto set my hand: Notary Public American CREDIT ACCEPTANCE This is to certify that American Credit Acceptance, LLC is successor in interest (directly or indirectly) to the following companies with respect to certain of our contract(s): ACA Warehouse Trust | AMERICAN CREDIT ACCE ACA AMERICAN CREDIT ACCEPT ACA, LLC AMERICAN CREDIT ACCPTNC LLC American Credit Acceptance AMERICAN CRDT ACPT LLC America Credit Acceptance AMERICAN CRDT ACCEPTANCE American Acceptance AMERICAN CRDT ACPT American Credit ACC AMERICAN CRDT ACPT LL American Credit Acceptanc AMERICAN CREDIT ACCEPTANCE DBA AUTO American Credit Acce AMERICAN CREDIT ACCEPTANCE DBA AUTOFINAN American Credit Acceptance Auro Finance American Credit Acceptance Corp. Auto Fin American Credit Acceptance LL Auto Finance American Credit Acceptance LLC Auto Finance National American Credit Acpt Auto Finance (a division of ACA) American Credit Acpt Corp Auto Financial American Credit Corp Cornerstone Acceptance Corp AMERICAN CR ACC Sincerely, Tim MacPhail American Credit Acceptance Chief Financial Officer Subscribed and sworn before me personally appeared Tim MacPhail, on this 12th day of July, 2016. Notary Public for the County of Spartanburg, State of South Carolina. My commission expires 6/16/24. CATHERINE E CORMIER NOTARY PUBLIC SOUTH CAROLINA