TD AUTO FINANCE, LLC v. GARY ORMAN

IN THE DISTRICT COURT OF OKLAHOMA COUNTY, THE STATE OF OKLAHOMA TD AUTO FINANCE, LLC Plaintiff, -vs- GARY ORMAN Defendant Case No. 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 OKLAHOMA 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 INTERSTATE FORD, 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 his 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 $15937.30. 9. Interest in the amount of $515.53, plus interest from that date of Judgment forward at the state rate of 6.75% continuing to accrue until the Judgment is 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 GARY ORMAN is not in the Armed Forces for the United States, verified on 12/24/2019 via the U.S. Department of Defense website. WHEREFORE, Plaintiff prays for Judgment against Defendant in the amount of: Amount claimed: $15937.30; Interest: Interest in the amount of $515.53, plus interest from that date of Judgment forward at the state rate of 6.75% continuing to accrue until the Judgment is paid; Reasonable attorney’s fees; and All costs herein expended, including but not limited to court costs, sheriff’s fees, and any costs for service of the summons(es). Respectfully submitted, FABER AND BRAND L.L.C BY: ____________________________ Michael L. Foster OK #20701 Jason P. Gubbins OK #22576 P.O. Box 10110 Columbia, Missouri 65205-4000 (888) 233-3141 (573) 442-1072 FAX [email protected] ATTORNEY FOR PLAINTIFF THIS IS A COMMUNICATION FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AFFIDAVIT ***[Retail]*** I, Jeremy Huggans, 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 Litigation Manager for TD Auto Finance LLC; 2. I have knowledge of account number xxxxxx7349 and records related to a certain retail installment contract (the "Contract") between GARY MARLIN ORMAN and INTERSTATE FORD ("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 $16,452.83. STATE OF Florida) COUNTY OF Duval) In witness whereof I have hereunto subscribed my name and affixed my official seal this 2nd day of October, 2019. My Commission Expires: ELIZABETH A. BOTELER MY COMMISSION # FF 9-9872 EXPIRES: April 7, 2020 Bonded thru Notary Public Underwriters Notary Public This contract contains important information regarding your rights and obligations, including limitations that apply to you. Please read carefully the front and back of this contract before signing. RETAIL INSTALLMENT SALE CONTRACT (DEALER – SIMPLE INTEREST) Buyer/Co-Buyer (also referred to as "you," "your," your's"). Name Address Zip Code of each: GARY MARTIN ORMAN INTERSTATE FORD 800 BRYAN CT DAcono, CO 80514 Year: 2014 Make and Model: FORD F-150 Vehicle Identification Number: [Redacted] Primary Use: Personal, unless otherwise indicated below Your trade-in is a Year: 14 Make: GM Model: 1500 FEDERAL TRUTH-IN-LENDING DISCLOSURES <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>Amount Financed</th> <th>Total of Payments</th> <th>Total Sale Price</th> </tr> <tr> <td>The cost of your credit as a yearly rate: 3.99%</td> <td>The dollar amount the credit will cost you $ 8277.92</td> <td>The amount of credit provided to you or on your behalf $ 62069.08</td> <td>The amount you will have paid after you have made all payments as scheduled $ 70347.00</td> <td>The total cost of your purchase on credit including your down payment $ 70347.00</td> </tr> </table> Insurance: You may obtain the physical damage insurance required by this contract (see back) from anyone you want that is acceptable to the Seller. If you obtain insurance from the Seller, you will pay S____ N/A for the first N/A ______. Credit life insurance and credit disability insurance are not required to obtain credit, will not be a factor in the retail approval process, and will not be provided unless you sign below and agree to pay the additional cost. Credit life insurance pays cash bonuses when you die if you fail to pay all your payments on time. Credit disability insurance does not cover any increase in your payment or in the number of payments. Coverage for credit life and credit disability insurance ends on the original due date for the last payment unless a different term for the insurance is shown below I want: [ ] Credit Life [ ] Buyer [ ] Co-Buyer [ ] Both [ ] Credit Disability [ ] Buyer 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>75</td> <td>$ 937.96</td> <td>MONTHLY BEGINNING: 09/29/2015</td> </tr> </table> Security: You are giving us a security interest in the vehicle being purchased. Late Charge: If payment is not received in full within 10 days after it is due, you will pay a late charge of $15. Prepayment: If you pay off early, you may have to pay a minimum finance charge. Additional Information: See this contract for more information about prepayment penalty, nonpayment default, any required repayment in full before the scheduled date, and security interests. The contract will be assigned to TD AUTO FINANCE (Where and address) PO Box 99991 Sacramento, CA 95899 ITEMIZATION OF AMOUNT FINANCED 1. Cash price (including accessories, service, and handling charges) $ 479.00 delivery $ 430.04 taxes and $ s 55259.04 2. Total down payment (including gross trade, sale, and see line below) $ 40000.00 - paybill by Seller $ 42333.84 net trade-in $ -2333.84 - cash $ 500.00 + other N/A s N/A + other N/A s N/A + other N/A s N/A s 0.00 (2) 3. Unpaid balance of cash price (1 minus 2) $ 55259.04 (3) 4 Other charges including amounts paid to others on your behalf (We may include amounts in line 2 or 3) a Fees to public officers (detailed): Government certificate of title fees includes security interest recording fee of $ 27.20 N/A b To insurance companies (describe) N/A [ ] N/A [ ] N/A [ ] N/A [ ] N/A c Other (describe who is paid and purpose) N/A - for GAP $ 699.00 - for EXTENDED SERVICE $ 4250.00 - for N/A $ N/A 5. Net trade-in paid to BMO HARRIS BANK $ 1833.84 Total other charges and amounts paid to others on your behalf $ 8110.04 (4) 6 Amount financed (3 + 4) $ 62069.08 (5) The delivery and handing charges guarantee costs and additional costs to the Seller/Maker CONTRACT AND AGREEMENT TO PAY You, the Buyer and any Co-Buyer, agree to purchase the vehicle described above on the terms in this contract. You agree to pay us (or our assignee named in this contract) the amount financed, the finance charge, and all other amounts owed to us under this contract, according to the payment schedule above and the terms of this contract. We calculate the finance charge, total of payments, and total sale price on the assumption that you will make every payment on the day it is due. Because the finance charge is calculated on a daily basis on the unpaid part of the amount financed, your finance charge, total of payments, and total sale price will be more if you pay late and less if you pay early. These charges may take the form of a larger or smaller final payment; or, at our option, more or fewer payments of the same amount as your scheduled payment, with a smaller final payment. If payment is not received in full within 10 days after it is due, you agree to pay a late charge of $15. If you pay differently we are entitled to a minimum finance charge of $ 0 If you pay with a check or other instrument that is disconnected or returned, you will pay us a fee of $25 (if the amount financed is $75,000 or less) or $20 (if the amount financed exceeds $75,000 or is not for personal use). The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a portion of the finance charge. SECURITY AGREEMENT: You give us a security interest in the vehicle described in this contract and all parts or goods installed in it, all money or goods received (proceeds) for the vehicle, all insurance, maintenance, service, or other contracts we are financing for you as part of this purchase, and all proceeds from insurance, maintenance, service, or other contracts we are financing for you as part of this purchase, this includes any refunds of premiums or charges from the contracts. This interest secures payment of all you owe on this contract. It also secures your other agreements in this contract. You agree to make sure that the title shows out security interest (lien) on the vehicle. This transaction is subject to Arbitration and Sellers Right to Cancel as described on the reverse side of this contract. By signing the contract, you agree to all of the terms on each page of this contract and you agree that you have been given a completed copy. If you sign as Co-Buyer, you are responsible for paying the entire debt. If you sign as a Co-Owner, your name will be on the title to the vehicle but you will not be responsible for paying the debt. If you sign here as a Co-Owner or Co-Buyer, you agree to the security interest in the vehicle. Signature of Buyer [Signature] Date 08/15/2015 Signature of [Co-Buyer/Co-Owner] Date [Co-Buyer/Co-Owner] Seller's Signature [INTERSTATE FORD] Date [INTERSTATE FORD] You agree that this contract contains our entire agreement regarding the financing of the vehicle, and that the terms of this contract cannot be modified except by signed amendments signed by all parties. Buyer Signs X Co-Buyer Signs X No. 545-ARB. Rev. 5-14. RETAIL INSTALLMENT SALE CONTRACT SEE THE BACK OF THIS FORM FOR IMPORTANT TERMS AND CONDITIONS ADDITIONAL PROVISIONS Your Other Promises to Us You promise that you will not sell lease, or otherwise transfer this vehicle or any interest in it to anyone else without getting written permission from us first You agree not to expose the vehicle to misrule, seizure, confiscation, or involuntary transfer You promise that you will not allow anyone else to obtain a lien or security interest on this vehicle or leave against it to pay a debt or judgment You agree to give us written notice within 10 days if your address changes from the one shown on the front of this form You agree to give us any information that we might reasonably request and sign any papers we may need to establish and maintain our security interest in this vehicle You agree not to remove this vehicle from the United States for more than 30 days before getting written permission from us You promise to keep this vehicle in good repair and not destroy or use it in a way that breaks any law or violates the insurance policy on the vehicle. You agree that we may inspect this vehicle at any reasonable time You promise to pay any taxes, assessments, registration fees, repair bills, or other expenses in connection with this vehicle when they are due If we get a refund of insurance, maintenance, service, or other contract charges, we may subtract the refund from what you owe us You agree that, if the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under any insurance maintenance, service, or other contracts for which charges are included in this contract and we may cancel these contracts to obtain refunds of unearned charges to reduce what you owe Insurance You promise to have physical damage insurance (also known as "extended coverage" insurance) covering loss or damage to the vehicle as long as this contract is in effect, and you agree to give us a certificate of insurance or other proof that you have fulfilled this promise. The insurance must cover our interest in the vehicle and benefits under the insurance must be payable to us. The policy must provide for at least 10 days' written notice to us before it can be cancelled. The terms amounts, effective dates and insurance company must meet our approval If, at any time you do not have the physical damage insurance on the vehicle required by this contract, we may: (a) decide, purchase insurance that covers both your interest and our interest in the vehicle, or purchase insurance that only covers our interest in the vehicle, and charge you the premium for the insurance plus a finance change computed at the Annual Percentage Rate stated in this contract. We will notify you if we purchase this insurance and it will tell you what type it is and how much you will have to pay You agree that we may use any insurance settlement to reduce what you owe or repair the vehicle if it is lost or damaged If you have elected on the front of this contract to obtain any insurance see the policies or certificates from the insurers for coverage limits and other terms and conditions If You Break a Promise to Us (Default) You will be in default if: - you do not pay the payments as agreed - any important information you provide in connection with this contract is not true when you give it - you owe a any guarantor or surety for you does - you start a proceeding in bankruptcy or one is started against you or your property. - you are a business, you are dissolved, terminated or cease doing business. OR - you break any of the other promises you made in this contract If you default, we may demand that you pay all you owe us at once after we give you any notice that the law requires, and we may sue to collect If we hire an attorney to collect what you owe under this contract, you will pay the necessary fees and court costs, as the law permits. The maximum attorney fee you will pay will be 15% of the amount you owe, unless a court awards an additional amount If you default, we may take (repossess) the vehicle from you after we give you any notice the law requires. We may take the vehicle only if we do so peacefully and the law allows it. If we take the vehicle, any accessories, equipment, and replacement parts will stay with the vehicle If the vehicle has an electronic tracking device you agree that we may use the device to find the vehicle. If any personal items are in the vehicle when we repossess it, we may store them for you at your expense. If you do not ask for these items, we may dispose of them as the law allows If we repossess the vehicle, you may redeem it (pay to get it back). Upon your request, we will tell you how much you must pay to redeem this vehicle. Your right to redemption ends when we sell the vehicle If we repossess the vehicle, we may claim benefits under any insurance, maintenance service, or other contracts for which charges are included in this contract. We also may cancel these contracts to obtain refunds of unearned charges to reduce what you owe or to repair the vehicle If we repossess the vehicle and sell it, we will apply the money from the sale to the amount you owe after subtracting allowed expenses. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it preparing it for sale, and selling it, including attorney fees and court costs. The law permits if the money from the sale is not enough to pay the amount you owe, you must pay the rest to us unless the law provides otherwise. If you do not pay this amount when we ask, we may charge you interest at the highest lawful rate until you do If you default, the finance charge will continue in effect until all amounts owed under this contract are paid in full If We Make Payments or Incur Expenses for You You agree that we may pay taxes, registration, title, or license fees, assessments, repair bills, registration test, insurance the contract requires, or other items related to the vehicle if these expenses are reasonable to protect the risk of loss or damage to the vehicle and it would you if these expenditures. You also agree that, if we do pay any of these expenses for you, the amount of the payment will accrue a finance charge at the annual percentage rate stated in this contract and you agree to reimburse us on demand for any such payments or expenses Warranties Unless the Seller makes a written warranty or enters into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or fitness for a particular purpose This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide Applicable Law and Severability Federal law and Colorado law apply to this contract No provision of this contract or part thereof violates any federal, state or local law or ordinance. This provision or part thereof shall be deemed amended to so comply with the law or ordinance and shall be construed in a manner so as to comply If any provision of this contract (other than the first sentence of the fourth paragraph under "Arbitration Provisions") is determined to be unenforceable in an equitable or a court, the remaining provisions shall be severable and enforceable according to their terms. If such first sentence is determined to be unenforceable, then all of the Arbitration Provisions will be severed from this contract and the remaining provisions shall be severable and enforceable according to their terms 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. SELLER'S RIGHT TO CANCEL Seller agrees to deliver the vehicle to you on the date this contract is signed. Seller intends to assign this contract to a financial institution. Seller may cancel this contract upon written notice. In that event, you may enter into a new contract with different financing terms or you may pay with alternate funds arranged by you. Upon receipt of our notice, you must immediately return the vehicle. Seller may use any legal means to recover it (including repossession) and you will be liable for all expenses incurred in recovering the vehicle, including reasonable attorneys fees. All terms of this contract are in full force and you are responsible for any loss or damage to the vehicle and the costs of repair of any damage while the vehicle was in your possession. ARBITRATION PROVISIONS [controversy ("claim") arising under or relating to this contract or the vehicle purchase agreement (except where the purchase agreement includes this provision, in which case such provision shall control any claim arising under or relating to the purchase agreement), whether in contract or tort, including without limitation constitutional statutory common law regulatory and equitable claims and claims regarding the validity, enforceability or scope of the contract, shall, at your or our election, be resolved by binding arbitration. Such binding arbitration shall be conducted before a single arbitrator appointed in accordance with its applicable rules by the organization you select among the following: Better Business Bureau American Arbitration Association Legal Resolution Center Judicial Arbitrator Group or Judicial Arbitration and Mediation Services The arbitrator shall be selected from a list of arbitrators maintained in that organization that is nearest to the Seller's location. The arbitrator shall apply governing substantive law in making his award. If the arbitrator finds that arbitration procedures below this arbitration provision shall control. If the rules of the chosen arbitration organization do not specify, how fees must be allocated, we will pay the hiring, filing and other administration fees up to $5,000 unless the law requires us to pay more. The amount we may be reimbursed in whole or in part by decision of the arbitrator finds that any of your claims is frivolous under applicable law. You and we each will be responsible for our own attorney expert and other fees, unless such fees are awarded by the arbitrator under applicable law Except as prohibited by law, if a party unsuccessfully challenges the arbitrator's award or fails to comply with it the other party is entitled to recover the costs, including reasonable attorney fees, of defending or enforcing the award The parties expressly agree that this arbitration provision involves and concerns interstate commerce and is governed by the Federal Arbitration Act (9 U.S.C § 1 et seq.), to the exclusion of any different or inconsistent state or local law of judicial rule You acknowledge that you are waiving certain rights under the law, including the right to a jury trial, to participate as a member of any class in any class action, including class arbitration, and to consolidate any arbitration with others. You and we retain any rights to self-help remedies such as repossession and to file a receiver action or a small claims action. We/you/our reserve the right to arbitrate by using self-help remedies or by filing a receiver action or a small claims action. This arbitration provision shall survive any termination, payoff or transfer of 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 HEREOF. RECOVERY HEREUNDER BY THE DEBITOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBITOR HEREBYUNDER The preceding NOTICE applies only to goods or services obtained primarily for personal use. In all other cases, the buyer will not assert against any subsequent holder or assignee of this contract any claims or defense the buyer may have against the seller, or against the manufacturer of the vehicle obtained under this contract. If this transaction contains a fee or premium for guaranteed automobile protection, all holders and assignees of this consumer credit transaction are subject to all claims and defenses which the debtor could assert against the original creditor resulting from the debtor's purchase of guaranteed automobile protection. □ This contract is assigned subject to the terms of a separate agreement ASSIGNMENT For value received, Seller assigns all of its right, title and interest in this Contract to TD AUTO FINANCE Seller expressly warrants that: (a) this Contract arose from the bona fide, ordinary course of business, sale to Buyer of the described property; (b) title to the property at the time of sale was vested in Seller; (c) Seller had the legal right to and did properly assign and deliver such title and property to Buyer; (d) such property was not misrepresented in any way to Buyer; (e) the statements of Buyer in his credit statement are true to Seller's knowledge; (f) the Collateral is free of all security interests and liens except the written security interest; (g) Seller is the sole owner of this Contract and has the right to sell and assign same; (h) the down payment was paid in full by Buyer in cash and/or trade-in as stated herein; (i) Buyer is of lawful age and competent; (j) the signature(s) of Buyer(s) is (are) genuine (k) the Collateral is correctly described herein. (l) Seller has made all disclosures and given all notices required by the Federal Consumer Credit Protection Act and Colorado Uniform Consumer Credit Code, and (m) Buyer's obligation did not arise from a rental sale or a home solicitation sale. If any of above warranties are false, Seller agrees to save assigned harmless and to pay all attorney fees and other costs incurred by assignee in enforcing such warranties against Seller. Interstate Ford 41537 Michael R. Stoll Em Date 8/15/15 TD Auto Finance DATE 01/24/2018 ACCOUNT NO. MAKE/MODEL OF VEHICLE: 2014 FORD F-150 4WD BUYER'S NAME AND ADDRESS GARY ORMAN CO-BUYER'S NAME AND ADDRESS 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 $ 53,365.01 (2) Gross disposition proceeds. $ 33,600.00 (3) Secured obligation after deducting amount in item (2). $ 19,765.01 (4) Repossession, storage, preparation and disposition expenses, including legal fees related to the current disposition of the vehicle, if any $ 1,242.95 (5) Other credits or rebates such as insurance refunds, extended warranty or service contract refunds, or post-repossession payments $ 3,042.36 (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) $ 17,965.60 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 NOTICE AFTER REPOSSESSION OR VOLUNTARY SURRENDER NAME AND ADDRESS (BUYER 1) GARY ORMAN 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 MAKE MODEL VEHICLE IDENTIFICATION NUMBER 2014 FORD F-150 4WD 8196 NOTICE OF SALE: Your vehicle will be offered for sale, at a private sale beginning on December 15, 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 $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: GARY ORMAN 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 888-310-1295. You must pay with a money order, cashier's check or certified funds, personal checks will not be accepted. <table> <tr> <th>PAST DUE PAYMENTS</th> <td></td> </tr> <tr> <th>PLUS LATE CHARGES AND OTHER COSTS</th> <td></td> </tr> <tr> <th>PLUS REPOSESSION, STORAGE, REPAIR AND PREPARATION COSTS (To Date)</th> <td></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></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 888-310-1295. 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>$51,261.71</td> </tr> <tr> <th>PLUS LATE CHARGES AND OTHER COSTS</th> <td>$75.00</td> </tr> <tr> <th>PLUS REPOSESSION, STORAGE, REPAIR AND PREPARATION COSTS (To Date)</th> <td>$874.00</td> </tr> <tr> <th>PLUS FINANCE CHARGE TO 11/30/2017</th> <td>$1,742.73</td> </tr> <tr> <th>SUBTOTAL OF CHARGES</th> <td>$53,953.44</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> <td>$53,953.44</td> </tr> </table> 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. 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 ________ at ________ 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 5:00 PM Eastern Time, Monday through Friday <table> <tr> <th>MAKE PAYMENT TO</th> <td>PO Box 551080, Jacksonville, FL 32255</td> <th>PHONE NUMBER</th> <td>888-310-1295</td> </tr> <tr> <th>DUE DATE STAMPED:</th> <td>11/30/2017</td> <th>MAIL TYPE</th> <td>First Class Mail ☒ Certified Mail</td> </tr> </table> TD Auto Finance NOTICE OF DEFAULT AND THE RIGHT TO CURE AND INTENTION TO REPOSSESSE ACCOUNT NUMBER NAME AND ADDRESS (BUYER 1) NAME AND ADDRESS (BUYER 2) GARY ORMAN 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. You are in default of your Retail Installment Contract dated 08/15/2015, on your vehicle described below YEAR MAKE MODEL VEHICLE IDENTIFICATION NUMBER 2014 FORD F-150 4WD [redacted] 8196 NOTICE OF DEFAULT: You are in default of your contract because ☒ 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>AMOUNT NOW DUE (not including amounts that become due after the date this notice is mailed)</th> </tr> <tr> <td></td> <td>12/29/2016</td> <td>$937.96</td> </tr> <tr> <td></td> <td>11/29/2016</td> <td>$937.96</td> </tr> <tr> <td>PLUS FIXED VALUE PAYMENT (if applicable)</td> <td></td> <td>$0.00</td> </tr> <tr> <td>PLUS LATE CHARGES</td> <td></td> <td>$13.00</td> </tr> <tr> <td>PLUS MISCELLANEOUS FEES</td> <td></td> <td>$0.00</td> </tr> <tr> <td>PLUS ADDITIONAL PRINCIPAL DUE - Simple Interest Only</td> <td></td> <td>$0.00</td> </tr> <tr> <td>AMOUNT NOW DUE (not including amounts that become due after the date this notice is mailed)</td> <td></td> <td>$1,590.92</td> </tr> </table> NOTE: IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY CODE, YOU ARE NOT REQUIRED TO MAKE PAYMENT TO US. The LAST DAY FOR PAYMENT/CURE is 01/25/2017 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, [redacted] echon agency fees. If, in the next 12 months, you are late again in making your payments or otherwise default again under your contract, we may exercise our rights without sending you another right-to-cure notice like this one. NOTICE TO COSIGNER: The Buyer identified on this notice is late in making his/her payment. If you are a cosigner and the AMOUNT NOW DUE (above) is not paid by the LAST DAY FOR PAYMENT/CURE (above), we may exercise our rights against the Buyer, you, or both. 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. NOTE: IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY CODE, YOU ARE NOT REQUIRED TO MAKE PAYMENT TO US. MAKE PAYMENT TO PHONE NUMBER TD Auto Finance PO Box 16035, Lewiston, ME 04243-9517 (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 Stefanie Norman CSR 01/05/2017 TD Auto Finance NOTICE OF DEFAULT AND THE RIGHT TO CURE AND INTENTION TO REPOSSESS ACCOUNT NUMBER NAME AND ADDRESS (BUYER 1) GARY ORMAN NAME AND ADDRESS (BUYER 2) 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. You are in default of your Retail Installment Contract dated 08/15/2015, on your vehicle described below YEAR 2014 MAKE FORD MODEL F-150 4WD VEHICLE IDENTIFICATION NUMBER [redacted]8196 NOTICE OF DEFAULT: You are in default of your contract because ☒ 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>AMOUNT</th> </tr> <tr> <td></td> <td>01/29/2017</td> <td>$937.96</td> </tr> <tr> <td></td> <td>12/29/2016</td> <td>$937.96</td> </tr> <tr> <td>PLUS FIXED VALUE PAYMENT (if applicable)</td> <td></td> <td>$0.00</td> </tr> <tr> <td>PLUS LATE CHARGES</td> <td></td> <td>$45.00</td> </tr> <tr> <td>PLUS MISCELLANEOUS FEES</td> <td></td> <td>$0.00</td> </tr> <tr> <td>PLUS ADDITIONAL PRINCIPAL DUE - Simple Interest Only</td> <td></td> <td>$0.00</td> </tr> <tr> <td>AMOUNT NOW DUE (not including amounts that become due after the date this notice is mailed)</td> <td></td> <td>$1,920.92</td> </tr> </table> NOTE: IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY CODE, YOU ARE NOT REQUIRED TO MAKE PAYMENT TO US. The LAST DAY FOR PAYMENT/CURE is 03/06/2017 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 REPOSSES: 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 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. If, in the next 12 months, you are late again in making your payments or otherwise default again under your contract, we may exercise our rights without sending you another right to cure notice like this one. NOTICE TO CO-SIGNER: The Buyer identified on this notice is late in making his/her payment. If you are a cosigner and the AMOUNT NOW DUE (above) is not paid by the LAST DAY FOR PAYMENT/CURE (above), we may exercise our rights against the Buyer, you, or both. 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. NOTE: IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY CODE, YOU ARE NOT REQUIRED TO MAKE PAYMENT TO US. 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 ☒ 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 Sary Florentino TITLE: CSR DATE CERTIFIED / DATE MAILED 02/14/2017