Professional Documents
Culture Documents
Re Fences
Re Fences
Re Fences
Thanks for refinancing your auto loan with rateGenius. Please make note of your
new lender and payment information below, and keep a copy for your records.
Where to Send: 9205 WEST RUSSELL ROAD STE 400 LAS VEGAS, NV 89148
For any
Thanks for changes to your
refinancing account
you auto loanorwith
questions
rateGe regarding your new loan once
the loan has beeni funded,
and payment please
ormation contact your new lender directly.
below.
For any other questions, or if you are unable to reach your new lender, we're
always happy to help.
Letter of Guarantee
VIN Number:_____________________________________________________
4T1FZ1FB6LU055236
rateGenius:
Pl e keep this for your records
By:_____________________________________________________________
Date:___________________________________________________________
01/20/2022
Address: _____________________________________________________
6716 GRADE LANE BLDG. 9 SUITE 910
_____________________________________________________
LOUISVILLE, KY 40213
Vehicle: _____________________________________________________
2020 TOYOTA AVALON
VIN: _____________________________________________________
4T1FZ1FB6LU055236
I hereby authorize the Current Lien Holder on my vehicle (identified above) to accept from the
Ne w Le nde r (ide ntifie d above ) or Rate Ge nius the balance due on the Loan Account (ide ntifie d
above). A payoff check is attached to this authorization form. I also authorize the Current Lien
Holde r to re le ase information on the above -note d Loan Account to the Ne w Le nde r and
RateGenius, including but not limited to the terms of the account, the payoff amount, the daily
per diem, the number of payments, the last payment received and any information regarding the
title . Any re maining or outstanding balance afte r the above amount is applie d will be the
responsibility of the borrower. In non-title holding states, the borrower is instructed to surrender
the title to the above name d ve hicle be fore the payoff is issue d. For title holding state s, upon
re ce ipt of the above amount, the Curre nt Lie n Holde r is instructe d to surre nde r the title to the
above named vehicle as indicated below. In the event a shortage in the amount of the payoff is
calculated, please notify RateGenius at 866-728-3436. If the Current Lien Holder mistakenly re mits
the title to the Borrowe r and Co-Borrowe r, the unde rsigne d Borrowe r and Co-Borrowe r
guarantee that they will notify RateGenius and immediately remit the title to RateGenius’
offices at one of the addresses below.
_____________________________________
01/20/2022 _______________________________________
01/20/2022
• Your local UPS Store. You'll be able to sign and send your forms from the same place.
• Search www.123notary.com for other local notary options.
We’re almost there! If you have any questions or concerns, we’re always happy to help.
Call us at 866-728-3436 or email us at service@rategenius.com.
Sincerely,
RG Version 4-1-2019
JAMI LEE GONZALES
AXOS BANK
09/06/1984
JAMI LEE GONZALES
AXOS BANK
09/06/1984
MICHAEL LEE GONZALES
AXOS BANK
10/30/1987
MICHAEL LEE GONZALES
AXOS BANK
10/30/1987
DR 2421 (08/05/15)
COLORADO DEPARTMENT OF REVENUE
Division of Motor Vehicles
Title Section
www.colorado.gov/dmv
STATE OF COLORADO
Statement of One and the Same
JAMI LEE GONZALES
and
Are one and the same X Person Company
I certify under penalty of perjury in the second degree, that the above statements are true and accurate to the
best of my knowledge.
Signature
DR 2421 (08/05/15)
COLORADO DEPARTMENT OF REVENUE
Division of Motor Vehicles
Title Section
www.colorado.gov/dmv
STATE OF COLORADO
Statement of One and the Same
and
Are one and the same X Person Company
I certify under penalty of perjury in the second degree, that the above statements are true and accurate to the
best of my knowledge.
Signature
DR 2395 (04/02/15)
COLORADO DEPARTMENT OF REVENUE
Division of Motor Vehicles
Title Section
www.colorado.gov/revenue Application For Title and/or Registration
C.R.S. 42-3-105, 42-3-304(25)(c), 42-6-107, 42-6-116, 42-6-117
Any Alteration or Erasure may Void this Document
Fuel Type*:
Vehicle Identification Number (VIN) 4 T 1 F Z 1 F B 6 L U 0 5 5 2 3 6 *If electric, is it plug-in electric? Yes No
Year Make Body Model Color CWT Off-Highway Vehicle Snowmobile
2020 TOYOTA SEDAN 4D TRD AVALON GRAY Yes No Yes No
Dealer # Date Purchased Commercial Use MSRP Size (W x L) Bus Cap.
01/20/2022 Yes No 42,300.00 Adult Juvenile
Legal Name(s) as it Appears on Identification* Lease Legal Name(s) as it Appears on Identification
and Address of Owner(s) or Entity Buy-Out and Physical Address of Lessee
JAMI GONZALES Yes No
MICHAEL GONZALES
216 MAPLE ST
Indicate Alternate Address Here if The Registration Renewal Should be Sent to a Different Address
AGUILAR, CO 81020
* DR 2421 Attached
First Lienholder Name and Address or ELT E- Number Second Lienholder Name and Address**
AXOS BANK
*DR 2421 Statement of One in the Same is required when the owner’s name on the Secure and Verifiable ID differs from the owner’s name on the application/title.
**If more than two lienholders, please attach separate documentation.
Motor vehicle insurance or operator's coverage is compulsory in the State of Colorado. Proof of insurance is required prior to issuance of a registration. Non-compli-
ance with this requirement is a misdemeanor traffic offense. Pursuant to 42-4-1409, C.R.S., the penalties for failure to have motor vehicle insurance coverage is a
Class 1 Misdemeanor Traffic Offense punishable by a mandatory minimum ten days imprisonment, or three hundred dollar fine, or both or a mandatory maximum
one year imprisonment, or one thousand dollar fine, or both shall be imposed by section 42-4-1701(3)(a)(II)(A), C.R.S.; and
a. A minimum mandatory fine of not less than five hundred dollars or greater if imposed by the court; and
b. At the discretion of the court, not less than forty hours of community service, subject to the provisions of section 18-1.3-507, C.R.S.
c. A second or subsequent conviction within a period of five years following a prior conviction, a minimum mandatory fine of not less than one thousand dollars.
After obtaining a registration, you will be required to sign an affirmation clause indicating compliance with insurance requirements.
Unless a person waives his or her confidentiality, the information contained in the person’s motor vehicle record shall not be used for any purpose other than a
purpose authorized by law, pursuant to C.R.S. 42-2-121 (4)(a).
I certify, under penalty of perjury in the second degree, that the above information is true and accurate to the best of my knowledge.
Owner or Agent Signature Date
01/20/2022
Printed name of Owner/Agent as it appears on Identification:
JAMI LEE GONZALES MICHAEL LEE GONZALES
Secure and Verifiable ID of Owner/Agent:
Colorado DL Colorado ID Other:
ID# Expires DOB
000660174 031290598 9-6-2022 10-30-2023 09/06/1984 10/30/1987
The undersigned witness affirms that the named owner of the vehicle identified in this document presented the identification described above.
Witness Signature Date
Date Accepted Purchase Price Odometer Reading & Indicator GVWR Fleet # Unit #
Additional Comments:
________________________________________________________________________________________________________________________
DR 2539A (07/26/19)
COLORADO DEPARTMENT OF REVENUE
Division of Motor Vehicles
Vehicle Services Unit
www.colorado.gov/dmv
,FHUWLI\XQGHUSHQDOW\RISHUMXU\LQWKHVHFRQGGHJUHHWKDWWKHWLWOHIRUWKLVYHKLFOHZLOOEHLVVXHGWRPHDV
(Check One) Owner Agent Lienholder
DQGWKHRULJLQDOWLWOHKDVEHHQORVWRUGHVWUR\HGKDVQRWEHHQDVVLJQHGRUWUDQVIHUUHGDQGLVVXEMHFWRQO\WROLHQVVKRZQ
RQ6WDWH0RWRU9HKLFOHUHFRUGV,XQGHUVWDQGWKDWWKLVGXSOLFDWHWLWOHZLOOEHWKHRQO\YDOLGFHUWL¿FDWHRIWLWOHDQGWKHRULJLQDO
DQGDQ\SUHYLRXVO\LVVXHGGXSOLFDWHWLWOHVZLOOEHYRLG
+DQGSULQWHG1DPHDVLW$SSHDUVRQ,GHQWL¿FDWLRQRI2ZQHU$JHQWRU/LHQKROGHULQFOXGH¿UPQDPHLIDSSOLFDEOH
6LJQDWXUHRI2ZQHU$JHQWRU/LHQKROGHU Date
01/20/2022
,GHQWL¿FDWLRQRILQGLYLGXDOVLJQLQJDERYH
Colorado DL Colorado ID Other
ID # Expires DOB
7KHXQGHUVLJQHGZLWQHVVDI¿UPVWKDWWKHQDPHGRZQHURIWKHYHKLFOHLGHQWL¿HGLQWKLVGRFXPHQWSUHVHQWHGWKHLGHQWL¿FDWLRQGHVFULEHGDERYH
Witness Signature (required) Date
,GHQWL¿FDWLRQZLOOEHUHTXLUHGIRUDOOGXSOLFDWHWLWOHWUDQVDFWLRQV
6HFXUHDQG9HUL¿DEOH,GHQWL¿FDWLRQLVUHTXLUHGZKHQWKHRULJLQDOWLWOHZDVLVVXHGRQRUDIWHU-XO\
<HDURI9HKLFOH Make Body Style Title No. Issue Date* County of Issuance
2020 TOYOTA
9HKLFOH,GHQWL¿FDWLRQ1XPEHU (VIN) License Plate Number State of Issuance
4 T 1 F Z 1 F B 6 L U 0 5 5 2 3 6
Owner Name
JAMI LEE GONZALES
Address City State ZIP
216 MAPLE ST AGUILAR CO 81020
Lienholder
Name
AXOS BANK
Address City State ZIP
9205 WEST RUSSELL ROAD STE 400 LAS VEGAS NV 89148
3OHDVH3URYLGH0DLOLQJ$GGUHVV%HORZ
7R([SHGLWH3OHDVH,QFOXGHD6HOI$GGUHVVHG6WDPSHG(QYHORSH
Name
Account Number
0DNHFKHFNRUPRQH\RUGHUSD\DEOHWR M1525571
&2/25$'2'(3$570(172)5(9(18(
OR Duplicate Title
,IDSSO\LQJDW\RXU&RXQW\0RWRU9HKLFOHPDNHFKHFNSD\DEOHWR
COUNTY CLERK.
7KHVWDWHPD\FRQYHUW\RXUFKHFNWRDRQHWLPHHOHFWURQLFEDQNLQJWUDQVDFWLRQ<RXUEDQNDFFRXQW Lien Release Title
PD\EHGHELWHGDVHDUO\DVWKHVDPHGD\UHFHLYHGE\WKH6WDWH,IFRQYHUWHG\RXUFKHFNZLOOQRW
EHUHWXUQHG,I\RXUFKHFNLVUHMHFWHGGXHWRLQVXI¿FLHQWRUXQFROOHFWHGIXQGVWKH'HSDUWPHQWRI
5HYHQXHPD\FROOHFWWKHSD\PHQWDPRXQWGLUHFWO\IURP\RXUEDQNDFFRXQWHOHFWURQLFDOO\
Total Amount (999)
(Next Page)
Procedure For A Duplicate Colorado Title
7RFRPSO\ZLWK&RORUDGR/DZVWKLVSURFHGXUHLVWREHIROORZHGZKHQDSSO\LQJIRUD&RORUDGRGXSOLFDWHWLWOH
7 ,I\RXUDSSOLFDWLRQKDVEHHQUHMHFWHGUHWXUQWKHRULJLQDO'5$ZLWKWKHDGGLWLRQDOLQIRUPDWLRQUHTXLUHG
7KHUHLVQRDGGLWLRQDOIHHIRUUHWXUQHGDSSOLFDWLRQVPDLOLQ&KHFNVXEPLWWHGZLWKUHMHFWHGDSSOLFDWLRQVZLOO
not be returned and are destroyed by the Department.
DR 2403 (04/02)
COLORADO DEPARTMENT OF REVENUE
MOTOR VEHICLE BUSINESS GROUP
VEHICLE DESCRIPTION
Vehicle Identification Number (VIN) Year Make Body Model
4T1FZ1FB6LU055236 2020 TOYOTA AVALON
ODOMETER DISCLOSURE
To the best of my knowledge:
Current Odometer Reading
The odometer reading is the actual mileage of the vehicle.
(No Tenths of Miles)
The odometer reading is in excess of its mechanical limits.
11504 The odometer reading is not the actual mileage.
WARNING — ODOMETER DISCREPANCY
Under penalty of perjury, I /we (the seller) swear or affirm that the above information is true and correct to the best of my/our knowledge.
Individual Seller’s/Company’s Name
JAMI GONZALES
Customer Name: ___________________________________________________________
MICHAEL GONZALES
Vehicle Information
Year/Make/Model: __________________________________________________________
2020 TOYOTA AVALON
VIN Number:_______________________________________________________________
4T1FZ1FB6LU055236
Insurance Information
RG Version 12-21-2018
++'$/$*)Dzƽ 6637150
) -( ƽ
AXOS BANK
- $/++'$/$*)
*)//
)!*-(/$*)
0./*( -( JAMI LEE GONZALES
$)#*) (719) 859-3850
*-&#*) (719) 859-3850
/# -#*)
($'- .. JAMIGONZALES97@YAHOO.COM
- 1$*0.- ..
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)!*-(/$*)
524-47-2048
)*( 2,333.33
/ *!$-/# 09/06/1984 /# -
)*( 0
)/Ǣ2) OWN
*)/#'4 4( )/ 1025
RG Version 12-21-2018
++'$/$*)Dzƽ 6637150
) -( ƽ
AXOS BANK
- $/++'$/$*)
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0./*( -( MICHAEL LEE GONZALES
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524-57-8679
)*( 7,500.00
/ *!$-/# 10/30/1987 /# -
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RG Version 12-21-2018
Vehicle Bookout
Application #: 6637150
VIN: 4T1FZ1FB6LU055236
VEHICLE DESCRIPTION: 2020 TOYOTA AVALON
STYLE: SEDAN 4D TRD
OPTIONAL EQUIPMENT
__________________________________ _________________________________
Customer Signature Joint Applicant Signature
____________________________________
6637150
Application Number
____________________________________
JAMI GONZALES
Customer Name
____________________________________
AXOS BANK
References
Lender Name
By completing this form, I confirm that I give RateGenius and my lender permission to contact the above references for the
purpose of refinancing my vehicle and servicing the underlying loan as needed.
6637150
____________________________________
Application Number
MICHAEL GONZALES
____________________________________
Customer Name
References
AXOS BANK
____________________________________
Lender Name
By completing this form, I confirm that I give RateGenius and my lender permission to contact the above references for the
purpose of refinancing my vehicle and servicing the underlying loan as needed.
Understanding Your Credit Score
Your Credit Score
Name: JAMI LEE GONZALES
Your score: 651
Source:
EXPERIAN Date: 2022/01/13
Understanding Your Credit Score
Your credit score is a number that reflects the information in your credit report.
Your credit report is a record of your credit history. It includes information about whether you pay your bills on
What you should know
about credit scores time and how much you owe to creditors.
Your credit score can change, depending on how your credit history changes.
How we use your credit Your credit score can affect whether you can get a loan and how much you will have to pay for that loan.
score
Credit scores can range from 300-850. Generally, the higher your score, the more likely you are to be offered
Range of scores better credit terms.
How your score SCORES RANGE FROM A LOW OF 199 TO A HIGH OF 935
compares
Under federal law, you have a right to obtain a free copy of your credit report from each of the nation-wide
consumer reporting agencies once a year. To order your free annual credit report,
call 1-877-322-8228, visit annualcreditreport.com, or mail a completed Annual Credit Report Request Form to:
Request forms can be obtained from the Federal Trade Commission’s website at: http://
www.ftc.gov/bcp/online/include/requestformfinal.pdf
For more information about credit reports and your rights under federal law,
visit the Consumer Financial Protection Bureau’s website at: www.consumerfinance.gov/learnmore
RG Version 6-17-2019
Understanding Your Credit Score
Your Credit Score
Name: MICHAEL GONZALES
Your score: 641
Source:
EXPERIAN Date: 2022/01/14
Understanding Your Credit Score
Your credit score is a number that reflects the information in your credit report.
Your credit report is a record of your credit history. It includes information about whether you pay your bills on
What you should know
about credit scores time and how much you owe to creditors.
Your credit score can change, depending on how your credit history changes.
How we use your credit Your credit score can affect whether you can get a loan and how much you will have to pay for that loan.
score
Credit scores can range from 300-850. Generally, the higher your score, the more likely you are to be offered
Range of scores better credit terms.
Under federal law, you have a right to obtain a free copy of your credit report from each of the nation-wide
consumer reporting agencies once a year. To order your free annual credit report,
call 1-877-322-8228, visit annualcreditreport.com, or mail a completed Annual Credit Report Request Form to:
Request forms can be obtained from the Federal Trade Commission’s website at: http://
www.ftc.gov/bcp/online/include/requestformfinal.pdf
For more information about credit reports and your rights under federal law,
visit the Consumer Financial Protection Bureau’s website at: www.consumerfinance.gov/learnmore
Regulation B Notice of Intent to Apply for Joint Credit
Lender Applicant
AXOS BANK JAMI GONZALES MICHAEL GONZALES
9205 WEST RUSSELL ROAD STE 400 216 MAPLE ST 216 MAPLE ST
LAS VEGAS, NV 89148 AGUILAR, CO 81020 AGUILAR, CO 81020
Notice:
Acknowledgment:
X _____________________________________
X _____________________________________
Verification of Employment
How frequently are you paid? Weekly Every 2 Weeks Twice Monthly Monthly Other
By checking this box, I acknowledge that I am actively employed, but have reduced hours,
reduced income, or my employer has placed me on furloughed status due to the current
COVID-19 pandemic. I understand that I may need to provide documentation as a stipulation to
the loan application or to my new lender in the future to confirm any adjustments to my current
income situation.
Company Representative:
Person Verifying:
Date of Verification:
Version 5.1.20
Verification of Employment
How frequently are you paid? Weekly Every 2 Weeks Twice Monthly Monthly Other
By checking this box, I acknowledge that I am actively employed, but have reduced hours,
reduced income, or my employer has placed me on furloughed status due to the current
COVID-19 pandemic. I understand that I may need to provide documentation as a stipulation to
the loan application or to my new lender in the future to confirm any adjustments to my current
income situation.
Company Representative:
Person Verifying:
Date of Verification:
Version 5.1.20
Disclosure and Consent Regarding
Electronic Signatures and Communications
1. Defined Terms. As used herein, the following terms have the meanings specified below.
1.1 “Communications” means any notices, disclosures (including those required by law),
account statements, agreements, fee schedules, tax returns, records, documents, or
other information provided to you by us or on our behalf.
1.2 “Consent” means this Disclosure and Consent Regarding Electronic Signatures and
Communications.
1.3 “Current Version” means the version of the software that is currently being supported
by its publisher.
1.4 “E-SIGN Act” means the Electronic Signatures in Global and National Commerce Act.
1.5 References to “we” or “us” or “our” herein refers to Axos Bank™ or our affiliates, as
applicable. References to “you” or “your” herein refer to the individual signing below.
2. Methods of Communication:
or write to us at:
Axos Bank
Corporate Headquarters
4350 La Jolla Village Drive, Suite 100, San Diego, CA 92122
3.1 Information Provided. This Consent provides you with important information relating
to (a) your consent to electronic delivery of Communications and (b) your consent to
the electronic signature of any documents related to products or services provided by
us to you or otherwise concerning our relationship.
3.2 Consent is Optional. You have a right to receive certain Communications on paper and you
are not required to consent to receiving those Communications electronically instead.
You are not required to consent to the electronic signature of documents.
(A) By signing below, you agree that any Communications we provide to you may be
in electronic form, and that all Communications in electronic format provided by us
to you will be considered “in writing”. For the avoidance of doubt, your consent to
receive Communications electronically applies to all Communications relating to
your use of products or services provided by us to you or your relationship with us.
(B) By signing below, you agree to the use of electronic signatures as part of any
Page 1 of 3
transactions between you and us and our relationship with you.
(C) You agree that we do not need to provide you with an additional paper (non-
electronic) copy of the Communications unless specifically requested by you as
described below. This Consent does not require us to deliver Communications
electronically. We reserve the right, in our sole discretion, (1) to discontinue the
provision of Communications electronically and (2) to terminate or change the
terms and conditions on which we provide electronic Communications. We will
provide you with notice of any such termination or change as required by law.
3.4 Method of delivery. We may provide electronic Communications to you in at least one
of the following methods:
(A) via e-mail at the e-mail address you designated to us;
(B) by access to a designated area of our website (including without limitation,
www.axosbank.com);
(C) during your use of our systems or software applications (including, without
limitation, via a screen or page within any account you maintain with us, or via a
link to a web page containing Communications);
(D) mobile applications;
(E) messaging services (including without limitation text messages); or
(F) during your use of DocuSign (or similar vendor providing electronic signature
services).
You should print or download for your records a copy of any Communications that are
important to you.
3.5 Hardware and software requirements. To access Communications, you must have
the following:
(A) a working phone and phone number;
(B) a Current Version of Internet Explorer, Chrome, Safari, or Firefox;
(C) an internet connection;
(D) an active e-mail account and related software for accessing the email account;
(E) a Current Version of a program that accurately reads and displays PDF files; and
(F) a device with an operating system capable of supporting items 3.5(B)-(E).
In addition, you will need a printer if you wish to print and retain paper records or
electronic storage if you wish to retain records in electronic form.
3.6 Obtaining paper copies. You have the right to receive a paper copy of
Page 2 of 3
Communications. You may request a paper copy of Communications by contacting us
at one of the contact methods referenced above. We must receive your request within
a reasonable time after we first provided the Communication to you. No fees shall be
charged in connection with your request for a paper copy of Communications.
Signature: _________________________
01/20/2022
Date: _____________________________
Page 3 of 3
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01/20/2022
RG Version 01-03-2019
Product Confirmation
Dear Customer:
The price for each of the products you have selected are listed below:
$_________
810.20 GAP
for _____________________
$_________
2,241.00 for _____________________
VSC/MBI
$_________
0.00 for _____________________
CAVP
(The price points listed above are already included in your new loan payment)
The GAP Waiver Addendum (“Addendum”) is between the Customer/Borrower (“You” or “Your”) and the Financial Institution/Lender (“We,” “Us,” or
“Our”) and is subject to the terms and conditions contained in this Addendum.
Customer/Borrower Address
JAMI LEE GONZALES 216 MAPLE ST
City State Zip Customer Phone #
AGUILAR CO 81020 (719) 859-3850
Collateral:
Year Make Model Addendum Charge APR % Term (Months)
2020 TOYOTA AVALON 810.20 6.34 72
VIN New MSRP / J.D. Power Amount Financed Gap Effective Date
4T1FZ1FB6LU055236 X
___Used 42,300.00 43,578.47 01/20/2022
PROGRAM LIMITS
Maximum AFVR: Maximum Term: Maximum Limit of Coverage: Maximum Amount Financed Limit:
This Addendum amends the Note and Security Agreement between You and Us relating to the above referenced Collateral (the “Financing Agreement”).
In consideration for your payment of the Addendum Charge shown above, we will waive the deficiency balance, if any, on your Financing Agreement in the
event of a Constructive Total Loss or an Unrecovered Theft to the Collateral, subject to the conditions and exclusions set forth in this Addendum (“GAP
Amount”). The amount waived shall be equal to the GAP Amount and, if the Collateral is protected by coverage offered by a Primary Carrier, up to $1,000
for the Primary Carrier deductible (deductible waiver is not available for Addendums sold to borrowers in the states of Alaska and New York). The deductible
will only be paid if there is a deficiency balance on the Financing Agreement.
X Yes, I elect the GAP Waiver Addendum. Although not required to do so, I elect to purchase this Addendum for the Addendum Charge shown
above. I understand the purchase of this Addendum is voluntary and whether or not I purchase the Addendum will not affect my application for credit or the
terms of any existing credit agreement I have with the Lender. I also understand that I may be able to purchase a similar product from a company of my
choice.
This Addendum is not insurance, does not take the place of insurance on the Collateral and does not afford collision, comprehensive, or any other form of
automobile insurance coverage. You are responsible for all communications with your Primary Carrier including notice and claims. If you purchase this
Addendum, you understand that We or a third-party may retain all or a portion of the charge paid by you.
ENROLLMENT IS AVAILABLE ONLY AT THE TIME THE FINANCING AGREEMENT IS ORIGINALLY EXECUTED. BY YOUR SIGNATURE BELOW,
YOU ACKNOWLEDGE AND AGREE THAT YOUR PURCHASE OF THIS ADDENDUM IS VOLUNTARY AND IS NOT REQUIRED IN ORDER FOR YOU
TO OBTAIN CREDIT, AND DOES NOT IMPACT THE CREDIT TERMS.
You should carefully read this Addendum for a full explanation of its terms and conditions, limitations and exclusions.
X Nonrefundable after 60 days. If notice of cancellation is provided within 60 days of the GAP Effective Date, the Addendum Charge is fully
refundable. However, if notice of cancellation is provided more than 60 days after the GAP Effective Date, the Addendum Charge is deemed fully earned
and therefore nonrefundable.
This Addendum is void if the Amount Financed is greater than the Maximum Amount Financed Limit and/or the Financing Agreement term exceeds the
Maximum Term stated above.
By your signature below, you acknowledge you have read and agree to the terms of this Addendum. The offer of GAP is governed by the terms of this
Addendum and not by any other verbal representations made to you that differ from these written provisions. You authorize release of your Financing
Agreement or any other information required for processing this Addendum or processing of a loss.
01/20/2022
Customer/Borrower Signature Date
01/20/2022
Co-Customer/Borrower Signature Date
A Constructive Total Loss must be reported to the Administrator within 90 days from the Settlement Date. No amount will be waived for any Constructive
Total Loss reported after 90 days. In the event there is no Primary Carrier, the Customer/Borrower has 90 days from the Date of Loss to report a Constructive
Total Loss. A Constructive Total Loss where a GAP Amount is waived will cause this Addendum to terminate and be fully earned and not subject to any
cancellation refund.
CONDITIONS
1. Concealment, Misrepresentation and Fraud: This Addendum may not cover a Constructive Total Loss if You conceal or misrepresent any material
fact relating in any way to this Addendum.
2. You are responsible for making at least the minimum payment under the terms of the Financing Agreement for each payment due scheduled after
the Date of Loss until the request for a benefit following a Constructive Total Loss has been processed.
3. Should you not have collectible Primary Carrier coverage on the Date of Loss, it is your responsibility to advise the Administrator within 90 days from
the Date of Loss and have the Collateral available for inspection by the Administrator (inspection will be paid by the Administrator). The Administrator
will calculate the Actual Cash Value of the Collateral immediately prior to the Constructive Total Loss.
4. This coverage applies only to a Constructive Total Loss sustained while the Collateral is within the United States of America (USA), its
territories or possessions, Canada, or being transported between any parts thereof.
5. This Addendum will provide coverage to the Collateral where the Amount Financed to Value Ratio (AFVR) exceeds the Maximum AFVR
stated above, however, the Addendum will not cover the amount exceeding the Maximum AFVR.
6. The Financial Institution/Lender may assign any and all rights under this Agreement to any subsequent assignee of the original Financing
Agreement benefited by this Addendum. This Addendum remains a part of the Financing Agreement upon the assignment, sale or transfer of
such Financing Agreement.
MITIGATION OF LOSS
You agree to do all things reasonable and practical to avoid any loss covered under this Addendum and to protect the Collateral from any further loss.
You agree to take reasonable measures to ensure that the maximum amount of Actual Cash Value of the Collateral is paid by your Primary Carrier.
TERMINATION OF ADDENDUM
This Addendum will terminate on the earlier date that one of the following events occurs: 1. the date your Financing Agreement is scheduled to
terminate; 2. upon payment in full of the Financing Agreement; 3. expiration of any redemption period following the repossession or surrender of the
Collateral; 4. in the event of a Constructive Total Loss or Unrecovered Theft of the Collateral; 5. the date you cancel the Addendum; or 6. the Collateral
is sold, assigned or re-financed. In the event that the underlying Financing Agreement is terminated, you must provide a written request for cancellation
of the Addendum to TotalCover, Inc. within ninety (90) days of the event terminating the Financing Agreement. If termination of the Addendum occurs as
a result of a default under the Financing Agreement, any refund due may be paid directly to Lender and applied by Lender as a reduction of the amount
owed under your Financing Agreement unless you can show that the Financing Agreement has been paid in full. Any refund due will be calculated in
accordance with the YOUR RIGHT TO CANCEL section.
DEFINITIONS
For the purposes of this Addendum, in addition to other terms defined elsewhere in the Addendum, the following words are defined and their meanings
will be as follows:
Actual Cash Value (ACV) means the retail value of the Collateral on the Date of Loss, as determined by the Primary Carrier. However, if there is not
Primary Carrier coverage on the Date of Loss, ACV shall mean the retail value of the Collateral as determined by the Administrator using the J.D. Power
Official Used Car Guide with appropriate adjustments for mileage and/or optional equipment.
Collateral is the vehicle described one page one of this Addendum and described in the Financing Agreement.
Commercial Purposes means the use of the Collateral to carry goods or passengers for compensation, delivery services, or for hire where
compensation is provided for those services; this includes personal car rental services (such as Turo). Share-the-expense car pools or vehicles used as
part of a commercial ride sharing service (including but not limited to Uber or Lyft) are not considered a Commercial Purpose under this Addendum.
Constructive Total Loss means the theft or accidental damage to the Collateral which meets one of the following: 1 the Collateral is deemed a
Constructive Total Loss by the Primary Carrier; 2) No Primary Carrier exists and the total cost to repair or replace the Collateral would exceed the
ACV; or 3) the Collateral suffered an Unrecovered Theft A Constructive Total Loss must be caused by collision, acts of nature, or Unrecovered Theft.
Customer/Borrower - The natural person(s) named in the Financing Agreement purchasing this Addendum.
Date of Loss - means the date on which the Collateral is reported stolen or incurs physical damage that is severe enough to constitute a Constructive
Total Loss. If the date is undetermined, the Date of Loss shall either be the date established by the Primary Carrier or the date the occurrence was
reported to the police, whichever is earlier.
Financing Agreement - means the contract which represents the financing instrument secured by the Collateral between the Customer and the
Lender, which sets forth the terms, conditions, inception date, and expiration date of the Financing Agreement.
Financial Institution/Lender means the entity which funded your Financing Agreement as indicated on the Financing Agreement.
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GAP Amount means the difference between the Unpaid Net Balance and the Actual Cash Value. The GAP Amount will not exceed the Maximum Limit
of Coverage as shown on page 1 of this Addendum. If the Actual Cash Value is greater than or equal to the Unpaid Net Balance, no GAP Amount will be
waived under this Addendum. GAP Amount includes the amount of the physical damage deductible on the Primary Carrier policy up to $1,000. In the
event that there is no Primary Carrier coverage in effect on the Date of Loss, or if the Primary Carrier is declared insolvent, or if no proceeds are received
from the Primary Carrier policy, the Addendum will only cover the difference between the Unpaid Net Balance and the Actual Cash Value of the Collateral
on the Date of Loss. If there is no Primary Carrier, the Collateral must be available for inspection by the Administrator (inspection will be paid by the
Administrator) to determine if the Collateral is a Constructive Total Loss, except in the event of an Unrecovered Theft.
Primary Carrier means the insurance company selected by You prior to the Date of Loss that underwrites a policy of insurance providing physical
damage coverage on the Collateral or the insurance company that provides liability coverage to any person who has caused the Collateral to incur a
Constructive Total Loss.
Settlement Date means the date on which the Primary Carrier issues the settlement check for the Collateral.
Deferred Payment means any postponed, skipped, or waived payment approved by the Lender as part of a Lender program and remaining unpaid on the
Date of Loss.
Unpaid Net Balance means the amount, as of the Date of Loss, owed by the Customer/Borrower to clear the outstanding Financing Agreement balance
including, if applicable, any Negative Equity. The Unpaid Net Balance does not include (1) unearned finance charges or loan/financing charges; (2) late
charges; (3) delinquent payments; (4) Deferred Payments; (5) uncollected service charges; (6) refundable prepaid taxes and fees; (7) disposition fees,
termination fees or penalty fees; (8) the recoverable portion of financed credit insurance charges, or the recoverable portion of financed amounts for
service contracts or warranties that are owed to the Customer/Borrower on the Date of Loss; (9) legal expenses or fees; (10) amounts that are built into
or added to the Financing Agreement balance after the inception date of the Financing Agreement; (11) Debt consolidation amounts added to Financing
Agreement.
Unrecovered Theft means the Collateral has been reported stolen by you to both the police and Primary Carrier (if Primary Carrier coverage is present),
who have made every effort, yet have failed, to find and return the Collateral.
EXCLUSIONS
In addition to other provisions herein, this Addendum does not provide coverage for loss:
A. occurring prior to the GAP Effective Date.
B. if the Primary Carrier settlement is equal to or greater than the Unpaid Net Balance.
C. due to confiscation of the Collateral by a government body or public official.
D. caused by theft, unless a police report is filed.
E. resulting from the Collateral being operated, used, or maintained in any race, speed contest, or other contest.
F. for bodily injury or property damage liability, medical payments, medical expenses, physical damage, uninsured motorist, supplementary uninsured
motorist, personal injury protection or losses other than those specifically stated in this GAP Waiver Addendum.
G. to the Collateral, while used for Commercial Purposes.
H. occurring after the Collateral has been repossessed by the Financial Institution/Lender, or assignee, or placed in their possession or in the
possession of their employees or agents.
I. to Collateral with a Financing Agreement in which the Amount Financed for Collateral exceeds the Maximum Amount Financed Limit shown on
the front of this Addendum at the inception date of the Financing Agreement. If a request for a benefit is denied because the Amount Financed for
Collateral exceeds the Maximum Amount Financed Limit, then you will receive a full refund of this Addendum.
J. to Collateral with a Financing Agreement where the Financing Agreement term exceeds the Maximum Term as shown on the front of this Addendum.
If a request for a benefit is denied because the Financing Agreement term exceeds the Maximum Term, then you will receive a full refund of this
Addendum.
K. for any amounts deducted from the Primary Carrier settlement due to wear and tear (except in Louisiana) prior damage, unpaid insurance
premiums, and towing and storage.
L. for a loss caused intentionally by you.
M. for a loss attributable to other than the standard or optional equipment available from the manufacturer of the Collateral.
N. to the Collateral with a salvage or rebuilt title at the time of financing or for which title has been changed or re-issued as salvage or rebuilt prior to
the Date of Loss.
O. resulting directly or indirectly from any dishonest, fraudulent, criminal, or illegal act.
P. from a Financing Agreement that does not have uniform scheduled payments after the first payment is made. The first payment must be made
within 90 days of the Financing Contract inception date.
Q. for any Primary Carrier deductible exceeding $1,000.00. Any amount of your Primary Carrier deductible in excess of $1,000.00 is your
responsibility.
R. for any delinquent payments or Deferred Payments more than 30 days past due.
S. for late charges, fees or funds added after Financing Agreement inception.
T. for any amounts due to extension of the original Financing Agreement terms due to a loan modification or resulting from Lender approved Deferred
Payments.
YOUR RIGHT TO CANCEL: This Addendum may be canceled by You for a full refund within sixty (60) days of the GAP Effective Date ("free-look
period") as long as no benefits have been provided under the Addendum. To cancel this Addendum, contact TotalCover, Inc. at the address or phone
number listed below. In the event of a Constructive Total Loss or Unrecovered Theft of the Collateral during the term of the Addendum, and if a GAP
Amount has been waived, the Addendum Charge will be deemed as fully earned and therefore no refund will be due. This Addendum is cancellable
following the expiration of the free-look period; however if a cancellation request is received after 60 days from the GAP Effective Date, the GAP Waiver
Addendum Charge will be deemed fully earned and therefore nonrefundable. In the event that the underlying Financing Agreement is terminated, you
must provide a written request for cancellation of the Addendum to TotalCover, Inc. within ninety (90) days of the event terminating the Financing
Agreement. If cancellation of the Addendum occurs as a result of a default under the Financing Agreement, any refund due may be paid directly to
Lender and applied by Lender as a reduction of the amount owed under your Financing Agreement unless you can show that the Financing Agreement
has been paid in full.
REINSTATEMENT: You do not have the right to reinstate this Addendum after cancellation or termination.
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STATE PROVISIONS
The following state specific requirements are added to and become part of Your Addendum and supersede any other provision to the contrary:
Alabama: In accordance with Alabama HB420, if a GAP waiver is cancelled because of early termination of the finance agreement, creditor must
refund without requiring borrower to request cancellation. The cost of waiver is not regulated and buyer should determine reasonableness of cost
in relation to the protection.
Nevada: IMPORTANT: A Guaranteed Asset Protection Waiver is not a policy of liability or casualty
insurance and does not satisfy the requirement to maintain liability insurance pursuant to NRS 485.185.
Failure to make a timely payment under the terms of the finance agreement may void the Guaranteed
Asset Protection Waiver.
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South Carolina: This GAP Addendum cannot be sold if the amount financed, less the cost of the GAP Addendum, the cost of credit insurance, and
the cost of service contracts is less than eighty percent (80%) of the Manufacturer’s Suggested Retail Price (MSRP) for a new vehicle, or the J average
retail value for a used vehicle. THIS GAP WAIVER IS NOT REQUIRED TO OBTAIN CREDIT, NOR TO OBTAIN CERTAIN TERMS OF CREDIT OR
TO REFINANCE THE RELATED MOTOR VEHICLE. THIS GAP WAIVER WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE
ADDITIONAL COST.
Tennessee: The cost of the Addendum is not regulated and You have the responsibility to determine whether the cost of the Addendum is reasonable
in relation to the coverage afforded by this Addendum. The effective date of any cancellation may be no earlier than ninety (90) days prior to the date
such written notice is received by Program Administrator.
Utah: The Addendum is subject to limited regulation by the Utah Insurance Commissioner. Complaints regarding the GAP Addendum may be
submitted to the offices of the Utah Department of Insurance, 4315 South 2700 West, Suite 2300, Taylorsville, UT 84129.
Washington: 1. Any refund of purchase price for an Addendum that was included in the financing of the Collateral may be applied by the creditor as a
reduction of the overall amount owed under the Financing Contract, rather than applying the refund strictly to the purchase price of the Addendum. 2.
The Addendum is not credit insurance, nor does it eliminate Your obligation to insure the Collateral as provided by laws of this state. Purchasing an
Addendum does not eliminate Your rights and obligations under the vendor single-interest and collateral protection coverage laws of this state. 3.
CONDITION 1 is amended to read: This Addendum shall be void if any material fact(s) have been intentionally concealed or misrepresented, or in the
case of fraud. You may cancel this Addendum within thirty (30) days of the date of purchase and will be entitled to a full refund of the purchase price, so
long as no benefits have been provided. You may cancel this Addendum after thirty (30) days from the date of purchase and at any time prior to the
occurrence of a Total Loss by providing a written request to cancel to the Financial Institution or Program Administrator within ninety (90) days of the
event terminating the Financing Contract. The refund will be calculated using the Pro Rata refund method. If the cancellation of this Addendum occurs
as a result of a default under the Financing Contract or the repossession of the vehicle associated with the Financing Contract, or any other termination
of the Financing Contract, any refund due may be paid directly to the Financial Institution to be applied as a reduction of the amount owed unless You
can show that the Financing Contract has been paid in full. This Addendum will not be reinstated after a cancellation has been processed. If We cancel,
We will provide You and the Financial Institution a forty-five (45) day notice of cancellation (ten (10) days for non-payment of premium) which will include
the effective date and reason for cancellation and calculate Your refund Pro Rata. Notice of cancellation will state the effective date of cancellation. The
Addendum period will end on that date. This Addendum shall only be void if there has been any intentional withholding, concealment or misrepresentation
of a material fact by You or someone acting on Your behalf, or in the event of fraud.
Wisconsin: This Addendum complies with the Wisconsin Consumer Act, Chapters 421-427 of the Wisconsin Statutes. This Addendum is between
the Borrower and Lender pursuant to the terms and conditions of this Addendum. This Addendum will also terminate upon payment in full of the
Financing Agreement, or expiration of any redemption period following the repossession or surrender of the vehicle. You will not be charged for the
cost of any appraisal requested by Program Administrator. To cancel this Addendum, contact the Program Administrator at P.O. Box 1268, Exton, PA
19341, (877) 902-8790. You are entitled to a refund of the unearned portion of the GAP charge following any termination of this Addendum for any
reason and a refund will be calculated by the Pro Rata method and provided to You following any termination of this Addendum. The owner or Lessee
of this vehicle is covered by this Addendum. If this Addendum is canceled during the first thirty (30) days, the refund will include the amount of any
applicable finance charges. This Addendum will be deemed fully earned only when a GAP benefit has been or will be paid to You or if the term has
expired.
Multi State NON-REF (Rev 1/21) Administrator: TotalCover, Inc., P.O. Box 80813 Austin, TX 78708, (866) 728-3436 Page 5 of 5
RG 6637150
The GAP Waiver Addendum (“Addendum”) is between the Customer/Borrower (“You” or “Your”) and the Financial Institution/Lender (“We,” “Us,” or
“Our”) and is subject to the terms and conditions contained in this Addendum.
Customer/Borrower Address
JAMI LEE GONZALES
City State Zip Customer Phone #
AGUILAR CO 81020 (719) 859-3850
Collateral:
Year Make Model Addendum Charge APR % Term (Months)
2020 TOYOTA AVALON 810.20 6.34 72
VIN New MSRP / J.D. Power Amount Financed Gap Effective Date
4T1FZ1FB6LU055236 X
___Used 42,300.00 43,578.47 01/20/2022
PROGRAM LIMITS
Maximum AFVR: Maximum Term: Maximum Limit of Coverage: Maximum Amount Financed Limit:
This Addendum amends the Note and Security Agreement between You and Us relating to the above referenced Collateral (the “Financing Agreement”).
In consideration for your payment of the Addendum Charge shown above, we will waive the deficiency balance, if any, on your Financing Agreement in the
event of a Constructive Total Loss or an Unrecovered Theft to the Collateral, subject to the conditions and exclusions set forth in this Addendum (“GAP
Amount”). The amount waived shall be equal to the GAP Amount and, if the Collateral is protected by coverage offered by a Primary Carrier, up to $1,000
for the Primary Carrier deductible (deductible waiver is not available for Addendums sold to borrowers in the states of Alaska and New York). The deductible
will only be paid if there is a deficiency balance on the Financing Agreement.
X Yes, I elect the GAP Waiver Addendum. Although not required to do so, I elect to purchase this Addendum for the Addendum Charge shown
above. I understand the purchase of this Addendum is voluntary and whether or not I purchase the Addendum will not affect my application for credit or the
terms of any existing credit agreement I have with the Lender. I also understand that I may be able to purchase a similar product from a company of my
choice.
This Addendum is not insurance, does not take the place of insurance on the Collateral and does not afford collision, comprehensive, or any other form of
automobile insurance coverage. You are responsible for all communications with your Primary Carrier including notice and claims. If you purchase this
Addendum, you understand that We or a third-party may retain all or a portion of the charge paid by you.
ENROLLMENT IS AVAILABLE ONLY AT THE TIME THE FINANCING AGREEMENT IS ORIGINALLY EXECUTED. BY YOUR SIGNATURE BELOW,
YOU ACKNOWLEDGE AND AGREE THAT YOUR PURCHASE OF THIS ADDENDUM IS VOLUNTARY AND IS NOT REQUIRED IN ORDER FOR YOU
TO OBTAIN CREDIT, AND DOES NOT IMPACT THE CREDIT TERMS.
You should carefully read this Addendum for a full explanation of its terms and conditions, limitations and exclusions.
X Refundable Prorata after 60 days. If notice of cancellation is provided within 60 days of the GAP Effective Date, the Addendum Charge is fully
refundable. However, if notice of cancellation is provided more than 60 days after the GAP Effective Date, the Addendum Charge is refundable by the
Prorata refund method, less a $50.00 cancellation fee, where such fee is permitted by law.
This Addendum is void if the Amount Financed is greater than the Maximum Amount Financed Limit and/or the Financing Agreement term exceeds the
Maximum Term stated above.
By your signature below, you acknowledge you have read and agree to the terms of this Addendum. The offer of GAP is governed by the terms of this
Addendum and not by any other verbal representations made to you that differ from these written provisions. You authorize release of your Financing
Agreement or any other information required for processing this Addendum or processing of a loss.
01/20/2022
Customer/Borrower Signature Date
01/20/2022
Co-Customer/Borrower Signature Date
A Constructive Total Loss must be reported to the Administrator within 90 days from the Settlement Date. No amount will be waived for any Constructive
Total Loss reported after 90 days. In the event there is no Primary Carrier, the Customer/Borrower has 90 days from the Date of Loss to report a
Constructive Total Loss. A Constructive Total Loss where a GAP Amount is waived will cause this Addendum to terminate and be fully earned and not
subject to any cancellation refund.
CONDITIONS
1. Concealment, Misrepresentation and Fraud: This Addendum may not cover a Constructive Total Loss if You conceal or misrepresent any material
fact relating in any way to this Addendum.
2. You are responsible for making at least the minimum payment under the terms of the Financing Agreement for each payment due scheduled after
the Date of Loss until the request for a benefit following a Constructive Total Loss has been processed.
3. Should you not have collectible Primary Carrier coverage on the Date of Loss, it is your responsibility to advise the Administrator within 90 days from
the Date of Loss and have the Collateral available for inspection by the Administrator (inspection will be paid by the Administrator). The Administrator
will calculate the Actual Cash Value of the Collateral immediately prior to the Constructive Total Loss.
4. This coverage applies only to a Constructive Total Loss sustained while the Collateral is within the United States of America (USA), its
territories or possessions, Canada, or being transported between any parts thereof.
5. This Addendum will provide coverage to the Collateral where the Amount Financed to Value Ratio (AFVR) exceeds the Maximum AFVR
stated above, however, the Addendum will not cover the amount exceeding the Maximum AFVR.
6. The Financial Institution/Lender may assign any and all rights under this Agreement to any subsequent assignee of the original Financing
Agreement benefited by this Addendum. This Addendum remains a part of the Financing Agreement upon the assignment, sale or transfer of
such Financing Agreement.
MITIGATION OF LOSS
You agree to do all things reasonable and practical to avoid any loss covered under this Addendum and to protect the Collateral from any further loss.
You agree to take reasonable measures to ensure that the maximum amount of Actual Cash Value of the Collateral is paid by your Primary Carrier.
TERMINATION OF ADDENDUM
This Addendum will terminate on the earlier date that one of the following events occurs: 1. the date your Financing Agreement is scheduled to
terminate; 2. upon payment in full of the Financing Agreement; 3. expiration of any redemption period following the repossession or surrender of the
Collateral; 4. in the event of a Constructive Total Loss or Unrecovered Theft of the Collateral; 5. the date you cancel the Addendum; or 6. the Collateral
is sold, assigned or re-financed. In the event that the underlying Financing Agreement is terminated, you must provide a written request for cancellation
of the Addendum to TotalCover, Inc. within ninety (90) days of the event terminating the Financing Agreement. If termination of the Addendum occurs as
a result of a default under the Financing Agreement, any refund due may be paid directly to Lender and applied by Lender as a reduction of the amount
owed under your Financing Agreement unless you can show that the Financing Agreement has been paid in full. Any refund due will be calculated in
accordance with the YOUR RIGHT TO CANCEL section.
DEFINITIONS
For the purposes of this Addendum, in addition to other terms defined elsewhere in the Addendum, the following words are defined and their meanings
will be as follows:
Actual Cash Value (ACV) means the retail value of the Collateral on the Date of Loss, as determined by the Primary Carrier. However, if there is not
Primary Carrier coverage on the Date of Loss, ACV shall mean the retail value of the Collateral as determined by the Administrator using the J.D. Power
Official Used Car Guide with appropriate adjustments for mileage and/or optional equipment.
Collateral is the vehicle described one page one of this Addendum and described in the Financing Agreement.
Commercial Purposes means the use of the Collateral to carry goods or passengers for compensation, delivery services, or for hire where
compensation is provided for those services; this includes personal car rental services (such as Turo). Share-the-expense car pools or vehicles used as
part of a commercial ride sharing service (including but not limited to Uber or Lyft) are not considered a Commercial Purpose under this Addendum.
Constructive Total Loss means the theft or accidental damage to the Collateral which meets one of the following: 1 the Collateral is deemed a
Constructive Total Loss by the Primary Carrier; 2) No Primary Carrier exists and the total cost to repair or replace the Collateral would exceed the
ACV; or 3) the Collateral suffered an Unrecovered Theft A Constructive Total Loss must be caused by collision, acts of nature, or Unrecovered Theft.
Customer/Borrower - The natural person(s) named in the Financing Agreement purchasing this Addendum.
Date of Loss - means the date on which the Collateral is reported stolen or incurs physical damage that is severe enough to constitute a Constructive
Total Loss. If the date is undetermined, the Date of Loss shall either be the date established by the Primary Carrier or the date the occurrence was
reported to the police, whichever is earlier.
Financing Agreement - means the contract which represents the financing instrument secured by the Collateral between the Customer and the
Lender, which sets forth the terms, conditions, inception date, and expiration date of the Financing Agreement.
Financial Institution/Lender means the entity which funded your Financing Agreement as indicated on the Financing Agreement.
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GAP Amount means the difference between the Unpaid Net Balance and the Actual Cash Value. The GAP Amount will not exceed the Maximum Limit
of Coverage as shown on page 1 of this Addendum. If the Actual Cash Value is greater than or equal to the Unpaid Net Balance, no GAP Amount will be
waived under this Addendum. GAP Amount includes the amount of the physical damage deductible on the Primary Carrier policy up to $1,000. In the
event that there is no Primary Carrier coverage in effect on the Date of Loss, or if the Primary Carrier is declared insolvent, or if no proceeds are received
from the Primary Carrier policy, the Addendum will only cover the difference between the Unpaid Net Balance and the Actual Cash Value of the Collateral
on the Date of Loss. If there is no Primary Carrier, the Collateral must be available for inspection by the Administrator (inspection will be paid by the
Administrator) to determine if the Collateral is a Constructive Total Loss, except in the event of an Unrecovered Theft.
Primary Carrier means the insurance company selected by You prior to the Date of Loss that underwrites a policy of insurance providing physical
damage coverage on the Collateral or the insurance company that provides liability coverage to any person who has caused the Collateral to incur a
Constructive Total Loss.
Settlement Date means the date on which the Primary Carrier issues the settlement check for the Collateral.
Deferred Payment means any postponed, skipped, or waived payment approved by the Lender as part of a Lender program and remaining unpaid on the
Date of Loss.
Unpaid Net Balance means the amount, as of the Date of Loss, owed by the Customer/Borrower to clear the outstanding Financing Agreement balance
including, if applicable, any Negative Equity. The Unpaid Net Balance does not include (1) unearned finance charges or loan/financing charges; (2) late
charges; (3) delinquent payments; (4) Deferred Payments; (5) uncollected service charges; (6) refundable prepaid taxes and fees; (7) disposition fees,
termination fees or penalty fees; (8) the recoverable portion of financed credit insurance charges, or the recoverable portion of financed amounts for
service contracts or warranties that are owed to the Customer/Borrower on the Date of Loss; (9) legal expenses or fees; (10) amounts that are built into
or added to the Financing Agreement balance after the inception date of the Financing Agreement; (11) Debt consolidation amounts added to Financing
Agreement.
Unrecovered Theft means the Collateral has been reported stolen by you to both the police and Primary Carrier (if Primary Carrier coverage is present),
who have made every effort, yet have failed, to find and return the Collateral.
EXCLUSIONS
In addition to other provisions herein, this Addendum does not provide coverage for loss:
A. occurring prior to the GAP Effective Date.
B. if the Primary Carrier settlement is equal to or greater than the Unpaid Net Balance.
C. due to confiscation of the Collateral by a government body or public official.
D. caused by theft, unless a police report is filed.
E. resulting from the Collateral being operated, used, or maintained in any race, speed contest, or other contest.
F. for bodily injury or property damage liability, medical payments, medical expenses, physical damage, uninsured motorist, supplementary uninsured
motorist, personal injury protection or losses other than those specifically stated in this GAP Waiver Addendum.
G. to the Collateral, while used for Commercial Purposes.
H. occurring after the Collateral has been repossessed by the Financial Institution/Lender, or assignee, or placed in their possession or in the
possession of their employees or agents.
I. to Collateral with a Financing Agreement in which the Amount Financed for Collateral exceeds the Maximum Amount Financed Limit shown on
the front of this Addendum at the inception date of the Financing Agreement. If a request for a benefit is denied because the Amount Financed for
Collateral exceeds the Maximum Amount Financed Limit, then you will receive a full refund of this Addendum.
J. to Collateral with a Financing Agreement where the Financing Agreement term exceeds the Maximum Term as shown on the front of this Addendum.
If a request for a benefit is denied because the Financing Agreement term exceeds the Maximum Term, then you will receive a full refund of this
Addendum.
K. for any amounts deducted from the Primary Carrier settlement due to wear and tear (except in Louisiana) prior damage, unpaid insurance
premiums, and towing and storage.
L. for a loss caused intentionally by you.
M. for a loss attributable to other than the standard or optional equipment available from the manufacturer of the Collateral.
N. to the Collateral with a salvage or rebuilt title at the time of financing or for which title has been changed or re-issued as salvage or rebuilt prior to
the Date of Loss.
O. resulting directly or indirectly from any dishonest, fraudulent, criminal, or illegal act.
P. from a Financing Agreement that does not have uniform scheduled payments after the first payment is made. The first payment must be made
within 90 days of the Financing Contract inception date.
Q. for any Primary Carrier deductible exceeding $1,000.00. Any amount of your Primary Carrier deductible in excess of $1,000.00 is your
responsibility.
R. for any delinquent payments or Deferred Payments more than 30 days past due.
S. for late charges, fees or funds added after Financing Agreement inception.
T. for any amounts due to extension of the original Financing Agreement terms due to a loan modification or resulting from Lender approved Deferred
Payments.
YOUR RIGHT TO CANCEL: This Addendum may be canceled by You for a full refund within sixty (60) days of the GAP Effective Date ("free-look
period") as long as no benefits have been provided under the Addendum. To cancel this Addendum, contact TotalCover, Inc. at the address or phone
number listed below. In the event of a Constructive Total Loss or Unrecovered Theft of the Collateral during the term of the Addendum, and if a GAP
Amount has been waived, the Addendum Charge will be deemed as fully earned and therefore no refund will be due. This Addendum is cancellable
following the expiration of the free-look period and you may be entitled to a refund of the unearned portion of the purchase price of the Addendum. The
refund amount will be calculated using the Prorata method, less a $50.00 cancellation fee, where such cancellation fee is permitted by law. In the event
that the underlying Financing Agreement is terminated, you must provide a written request for cancellation of the Addendum to TotalCover, Inc. within
ninety (90) days of the event terminating the Financing Agreement. If cancellation of the Addendum occurs as a result of a default under the Financing
Agreement, any refund due may be paid directly to Lender and applied by Lender as a reduction of the amount owed under your Financing Agreement
unless you can show that the Financing Agreement has been paid in full.
REINSTATEMENT: You do not have the right to reinstate this Addendum after cancellation or termination.
Multi State REF (Rev 1/21) Administrator: TotalCover, Inc., P.O. Box 80813 Austin, TX 78708, (866) 728-3436 Page 3 of 5
STATE PROVISIONS
The following state specific requirements are added to and become part of Your Addendum and supersede any other provision to the contrary:
Colorado, Indiana, Kansas, Louisiana, Maine, Missouri, New Hampshire, New Mexico, South Carolina, Vermont, Washington, and Wisconsin: The
cancellation fee is not applicable.
Alabama: In accordance with Alabama HB420, if a GAP waiver is cancelled because of early termination of the finance agreement, creditor must
refund without requiring borrower to request cancellation. The cost of waiver is not regulated and buyer should determine reasonableness of cost
in relation to the protection.
Nevada: IMPORTANT: A Guaranteed Asset Protection Waiver is not a policy of liability or casualty
insurance and does not satisfy the requirement to maintain liability insurance pursuant to NRS 485.185.
Failure to make a timely payment under the terms of the finance agreement may void the Guaranteed
Asset Protection Waiver.
Multi State REF (Rev 1/21) Administrator: TotalCover, Inc., P.O. Box 80813 Austin, TX 78708, (866) 728-3436 Page 4 of 5
South Carolina: The cancellation fee is not applicable. This GAP Addendum cannot be sold if the amount financed, less the cost of the GAP
Addendum, the cost of credit insurance, and the cost of service contracts is less than eighty percent (80%) of the Manufacturer’s Suggested Retail
Price (MSRP) for a new vehicle, or the J.D. Power average retail value for a used vehicle. THIS GAP WAIVER IS NOT REQUIRED TO OBTAIN
CREDIT, NOR TO OBTAIN CERTAIN TERMS OF CREDIT OR TO REFINANCE THE RELATED MOTOR VEHICLE. THIS GAP WAIVER WILL NOT
BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST.
Tennessee: The cost of the Addendum is not regulated and You have the responsibility to determine whether the cost of the Addendum is reasonable
in relation to the coverage afforded by this Addendum. The effective date of any cancellation may be no earlier than ninety (90) days prior to the date
such written notice is received by Program Administrator.
Utah: The Addendum is subject to limited regulation by the Utah Insurance Commissioner. Complaints regarding the GAP Addendum may be
submitted to the offices of the Utah Department of Insurance, 4315 South 2700 West, Suite 2300, Taylorsville, UT 84129.
Washington: 1. Any refund of purchase price for an Addendum that was included in the financing of the Collateral may be applied by the creditor as a
reduction of the overall amount owed under the Financing Contract, rather than applying the refund strictly to the purchase price of the Addendum. 2.
The Addendum is not credit insurance, nor does it eliminate Your obligation to insure the Collateral as provided by laws of this state. Purchasing an
Addendum does not eliminate Your rights and obligations under the vendor single-interest and collateral protection coverage laws of this state. 3.
CONDITION 1 is amended to read: This Addendum shall be void if any material fact(s) have been intentionally concealed or misrepresented, or in the
case of fraud. You may cancel this Addendum within sixty (60) days of the date of purchase and will be entitled to a full refund of the purchase price, so
long as no benefits have been provided. You may cancel this Addendum after sixty (60) days from the date of purchase and at any time prior to the
occurrence of a Total Loss by providing a written request to cancel to the Financial Institution or Program Administrator within ninety (90) days of the
event terminating the Financing Contract. The refund will be calculated using the Pro Rata refund method. If the cancellation of this Addendum occurs
as a result of a default under the Financing Contract or the repossession of the vehicle associated with the Financing Contract, or any other termination
of the Financing Contract, any refund due may be paid directly to the Financial Institution to be applied as a reduction of the amount owed unless You
can show that the Financing Contract has been paid in full. This Addendum will not be reinstated after a cancellation has been processed. If We cancel,
We will provide You and the Financial Institution a forty-five (45) day notice of cancellation (ten (10) days for non-payment of premium) which will include
the effective date and reason for cancellation and calculate Your refund Pro Rata. Notice of cancellation will state the effective date of cancellation. The
Addendum period will end on that date. This Addendum shall only be void if there has been any intentional withholding, concealment or misrepresentation
of a material fact by You or someone acting on Your behalf, or in the event of fraud.
Wisconsin: This Addendum complies with the Wisconsin Consumer Act, Chapters 421-427 of the Wisconsin Statutes. This Addendum is between
the Borrower and Lender pursuant to the terms and conditions of this Addendum. This Addendum will also terminate upon payment in full of the
Financing Agreement, or expiration of any redemption period following the repossession or surrender of the vehicle. You will not be charged for the
cost of any appraisal requested by Program Administrator. To cancel this Addendum, contact the Program Administrator at P.O. Box 1268, Exton, PA
19341, (877) 902-8790. You are entitled to a refund of the unearned portion of the GAP charge following any termination of this Addendum for any
reason and a refund will be calculated by the Pro Rata method and provided to You following any termination of this Addendum. The owner or Lessee
of this vehicle is covered by this Addendum. If this Addendum is canceled during the first sixty (60) days, the refund will include the amount of any
applicable finance charges. This Addendum will be deemed fully earned only when a GAP benefit has been or will be paid to You or if the term has
expired.
Multi State REF (Rev 1/21) Administrator: TotalCover, Inc., P.O. Box 80813 Austin, TX 78708, (866) 728-3436 Page 5 of 5
GAP Cancellation Request Form
I am requesting cancellation of the Gap Waiver Addendum purchased in conjunction with my loan
indicated above. For consideration of such cancellation, I hereby release the Lender from any and all
liability with respect to the GAP Waiver Addendum.
(1) I understand and agree that any refund due under this cancellation request will be sent
directly to the lienholder listed on the GAP Deficiency Waiver Contract.
(2) I understand and agree that the refund will be processed using the refund method
described on the Waiver Contract and the applicable Administrative Fee will also apply.
(3) I understand and agree that in the event of a loss to my vehicle after this coverage has been
cancelled, I remain solely responsible for any deficiency balance.
CLAIMS 1-855-686-6368
ROADSIDE/TOWING ASSISTANCE 1-866-332-7575 CONTRACT NUMBER
sentinelwarranty.com
LU055236A2
OWNER INFORMATION
JAMI GONZALES MICHAEL GONZALES
OWNER - FIRST NAME OWNER - LAST NAME CO-OWNER - FIRST NAME CO-OWNER – LAST NAME
216 MAPLE ST
ADDRESS ADDRESS
SELLER INFORMATION
RATEGENIUS LOAN SERVICES, INC.
SELLER - LOCATION NAME
73065
SELLER - EMPLOYEE NAME
SELLER - ID
9300 UNITED DR., SUITE 180 AUSTIN TX 78758
ADDRESS CITY STATE ZIP CODE
5123026400
PHONE FACSIMILE
VIN # 4T1FZ1FB6LU055236
CONTRACT PURCHASE DATE
JANUARY
Month
/ 20TH
Day
/ 2022
Year
MAKE / MODEL TOYOTA AVALON 72 125000
*TERM
MONTHS MILES
YEAR 2020 PRESENT MILEAGE 11504 01/20/2028 125000
EXPIRATION DATE EXPIRATION MILES
VEHICLE CLASS IN-SERVICE DATE
*Coverage Term begins thirty (30) days and one thousand (1,000) miles
GREEN VEHICLE after the CONTRACT PURCHASE DATE unless the “No WAITING PERIOD
Hybrid Hydrogen Electric Plug-In Option” is selected and paid.
Vehicle Fuel Cell Vehicle Hybrid Vehicle
VEHICLE SURCHARGES DEDUCTIBLE $ 100
One-Ton Turbo/Super 4WD *Lift Kit / Tire COVERAGE SUPREME PLUS
Charger AWD Modifications
*Lift Kits up to 4 inches
*Business Use Diesel SINGLE PAYMENT CONTRACT PRICE $ 2,241.00
*Business Use Vehicles and Vehicles with Lift Kit/Tire Modifications are LIENHOLDER AXOS BANK
not eligible for Terms greater than one hundred thousand (100,000) miles.
OPTIONAL COVERAGE
X No WAITING PERIOD *WARRANTY REMAINING
Note: The WAITING PERIOD does not apply if the No WAITING PERIOD Option *If the “WARRANTY REMAINING Option” is selected, coverage begins thirty (30)
Days and one thousand (1,000) miles after the CONTRACT PURCHASE DATE and
has been selected and paid.
Expires by Time or Mileage measured from the original Full Manufacturer’s
Warranty Expiration Date or Expiration Mileage, whichever occurs first.
I have READ, UNDERSTAND, and AGREE to the terms and conditions within the body of this contract.
This Contract provides additional information regarding responsibility for benefits. State restrictions may apply; please refer to the STATE DISCLOSURE section for details.
Any modification, alteration, or change to the preprinted terms and conditions of this Vehicle Service Contract shall render it invalid and of no force or effect. No coverage
is afforded under this Vehicle Service Contract without a valid Owner’s Signature.
This Vehicle Service Contract is only in force upon the receipt and acceptance of this Vehicle Service Contract by the ADMINISTRATOR.
If any information contained in this Vehicle Service Contract about the SERVICE CONTRACT HOLDER, the COVERED VEHICLE or the coverage that YOU selected is in error,
please contact the ADMINISTRATOR or the SELLER immediately.
Purchase of this Vehicle Service Contract is not required in order to purchase or finance a motor vehicle.
THIS CONTRACT IS INCLUSIVE OF THE MANUFACTURER’S WARRANTY; IT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY, BUT PROVIDES CERTAIN ADDITIONAL
BENEFITS DURING THE TERM OF THE MANUFACTURER’S WARRANTY. LOSSES COVERED BY THE MANUFACTURER DURING THE MANUFACTURER’S WARRANTY PERIOD ARE
NOT COVERED UNDER THIS CONTRACT.
The General Provisions of this Vehicle Service Contract contain several words that have special meanings. The following words are important in this Vehicle Service Contract
and they are printed in BOLD type below.
“ADMINISTRATOR” means Sentinel Administrators, 101 West American Canyon Road, Suite 508, PMB 324, American Canyon, California 94503, 1-855-686-6368.
“CLAIM“ means a request or demand made by YOU for benefits under this Vehicle Service Contract.
“CONTRACT PURCHASE DATE” means the date this Contract was purchased as listed on this Vehicle Service Contract.
“COST” means the usual and approved charges for parts and labor to repair or replace the covered part. Replacement of covered parts may be made with new,
remanufactured, or parts of like kind and quality, at the option of the ADMINISTRATOR.
“COVERED VEHICLE” means the car, light duty truck, or van described as such on this Vehicle Service Contract.
“DECLARATIONS PAGE” means the numbered document executed by YOU which is part of this Vehicle Service Contract. It lists information regarding the COVERED VEHICLE,
Vehicle Service Contract terms, and other vital information.
“DEDUCTIBLE” means the amount that the SERVICE CONTRACT HOLDER must pay for covered repairs per repair visit. The DEDUCTIBLE will not apply to the ADDITIONAL
BENEFITS listed in SECTION 7 - WHAT IS COVERED BY THIS VEHICLE SERVICE CONTRACT.
“EXPIRATION DATE” is calculated by adding the CONTRACT PURCHASE DATE, plus the thirty (30) day WAITING PERIOD, plus the Term Months as listed on this Vehicle Service
Contract. If the “No WAITING PERIOD” option is selected and paid, the thirty (30) day WAITING PERIOD will not be added to the EXPIRATION DATE calculation.
“EXPIRATION MILEAGE” means if the mileage term purchased exceeds fifty thousand (50,000) miles, this Vehicle Service Contract will expire at the mileage Term purchased,
plus the one thousand (1000) mile WAITING PERIOD. (For example, with the Term 72/100, i.e., seventy-two (72) months or one hundred thousand (100,000) miles, this Vehicle
Service Contract will expire at one hundred one thousand (101,000) miles.) The mileage Term is NOT added to the mileage on the odometer at the time of purchase. If the
mileage Term purchased is fifty thousand (50,000) miles or less, the mileage Term purchased and the one thousand (1000) mile WAITING PERIOD are added to the mileage
on the odometer at the time of purchase. This Vehicle Service Contract will expire at either the EXPIRATION DATE or the EXPIRATION MILEAGE, whichever occurs first, or
when WE have wholly fulfilled OUR financial obligations under the terms of the Limit of Liability clause of SECTION 8 - WHAT IS NOT COVERED by this Vehicle Service
Contract. If the “No WAITING PERIOD” option is selected and paid, the one thousand (1000) mile WAITING PERIOD will not be added to the EXPIRATION MILEAGE calculation.
“FAILURE” or “FAILED” means the inability of any covered component(s), which has received manufacturer’s recommended service, to perform the function(s) for which it
was designed, including when any covered component(s) has worn beyond the manufacturer’s tolerances allowed for the particular Vehicle at the mileage when the problem
occurs.
“INTERNALLY LUBRICATED PART” means any internal part that requires lubrication to reduce friction between two moving surfaces.
“LIENHOLDER” means the company listed on the DECLARATIONS PAGE of this Vehicle Service Contract that has advanced the money for the purchase of this Vehicle
Service Contract.
“OBLIGOR”, “WE”, “US” or “OUR” means A.U.L. Corp. 1250 Main Street, Suite 300, Napa, California 94559 1-800-826-3207 or 1-707-257-9700, the entity obligated to
perform under this Vehicle Service Contract.
“ODOMETER MILES” means the mileage recorded on the odometer provided that it has not stopped or been changed to lower the actual mileage, as determined in
accordance with Public Law 92-513, Title IV, as amended.
“SELLER” means the authorized business entity where YOU purchased this Vehicle Service Contract as described on the DECLARATIONS PAGE of this Vehicle Service
Contract.
“SERVICE CONTRACT HOLDER,” “YOU,” and “YOUR” means the owner designated as such on this Vehicle Service Contract.
“STATE DISCLOSURE” means a part of this Vehicle Service Contract that changes some of the provisions of the Vehicle Service Contract in order to comply with the laws of
the state where YOU purchased this Vehicle Service Contract, if YOUR state requires a disclosure.
“WAITING PERIOD” means the thirty (30) day and one thousand (1,000) mile time period after the CONTRACT PURCHASE DATE before coverage begins. The additional
time and mileage will be added to the end of the term of this Vehicle Service Contract unless the “No WAITING PERIOD” option is selected and paid.
“WARRANTY REMAINING” means if the “WARRANTY REMAINING” option is selected and paid as indicated on YOUR DECLARATIONS PAGE, coverage begins thirty (30)
days and one thousand (1,000) miles after the CONTRACT PURCHASE DATE and expires by Time or Mileage measured from the original Full Manufacturer’s Warranty
Expiration Date or Mileage, whichever occurs first. If the “WARRANTY REMAINING” and “No WAITING PERIOD” options are selected and paid, coverage begins on the
CONTRACT PURCHASE DATE and expires by Time or Mileage measured from the original Full Manufacturer’s Warranty Expiration Date or Mileage, whichever occurs first.
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SECTION 3 - HOW TO OBTAIN REPAIRS
ROADSIDE/TOWING ASSISTANCE - 1-866-332-7575
ADMINISTRATOR BUSINESS HOURS: Monday through Friday, 6:00 AM-5:00 PM Pacific Standard Time
ADMINISTRATOR PHONE NUMBER AND ADDRESS: Toll Free 1-855-686-6368 | 101 West American Canyon Road, Suite 508, PMB 324, American Canyon, CA 94503
AFTER HOURS CLAIMs: For CLAIMs outside of the ADMINISTRATOR’s normal business hours, please follow the instructions in paragraph 9 below.
1. Prevent Further Damage: Take immediate action to prevent further damage to the COVERED VEHICLE. This Vehicle Service Contract will not cover the damage
caused by continued operation and/or not securing a prompt repair of the FAILED component.
2. Call the ADMINISTRATOR to start a CLAIM at 1-855-686-6368: For instructions on how to start a CLAIM, call the ADMINISTRATOR BEFORE YOU deliver YOUR
COVERED VEHICLE to any repair facility.
3. Provide the licensed Repair Facility with a Copy of YOUR Vehicle Service Contract and/or YOUR Vehicle Service Contract number.
4. Authorize Initial Diagnosis and/or Tear-Down: YOU will need to authorize the licensed Repair Facility to diagnose and/or tear-down YOUR COVERED VEHICLE
in order to determine the cause and COST of the repair. YOU will be responsible for these charges if the FAILURE is not covered under this Vehicle Service
Contract. The ADMINISTRATOR reserves the right to require an inspection of YOUR COVERED VEHICLE prior to any repair being made. Replacement of covered
parts may be made with parts which are like kind and quality, remanufactured, or new at the option of the ADMINISTRATOR.
5. Obtain Authorization from the ADMINISTRATOR: Prior to any repair being made, instruct the Service Manager at the licensed Repair Facility to contact the
ADMINISTRATOR to obtain an authorization for the CLAIM. Any CLAIM for repairs without prior authorization will not be covered. The ADMINISTRATOR can be
contacted Monday through Friday, 6:00 a.m. to 5:00 p.m. Pacific Standard Time at 1-855-686-6368. Refer to SECTION 8 - WHAT IS NOT COVERED, AA. Limit of
Liability for the maximum amount that will be paid for repairs covered under the terms of this Vehicle Service Contract.
6. Review Coverage: After the ADMINISTRATOR has been contacted, review with the Service Manager what will be covered by this Vehicle Service Contract.
7. Pay Any Applicable DEDUCTIBLE: The ADMINISTRATOR will reimburse the licensed Repair Facility or YOU for the COST of the work performed on YOUR COVERED
VEHICLE that is covered by this Vehicle Service Contract and previously authorized, less any DEDUCTIBLE. Once authorization is obtained, and the repair is
completed, all repair orders and documentation must be submitted to the ADMINISTRATOR within one hundred eighty (180) days to be eligible for payment.
8. Proof of Service and/or Repair: To obtain payment for a covered repair, YOU or the licensed Repair Facility must submit a legible copy of the original repair
order to the ADMINISTRATOR. Repair orders must be readable and understandable, with the vehicle owner’s complaint and repair diagnosis, parts, labor hours,
COVERED VEHICLE identification number, date, COVERED VEHICLE mileage, YOUR name and signature, licensed Repair Facility name, address and phone number,
repair totals, DEDUCTIBLE (if applicable), and method of payment to satisfy the repair order. “Proof” of maintenance and/or YOUR self-maintained log with
corresponding receipts, may be requested by the ADMINISTRATOR for related repairs. In addition (if applicable), all related invoices (i.e., towing, rental, sublets,
etc.) must accompany the repair order for consideration of CLAIM reimbursement.
9. After-hours Repair: If repairs covered by this Vehicle Service Contract are required outside the ADMINISTRATOR’s business hours, YOU should deliver the
COVERED VEHICLE to a licensed Repair Facility and have the necessary repairs performed at a reasonable and customary charge. On the next business day,
report the repairs to the ADMINISTRATOR. To report an after-hours repair and obtain a reimbursement, please call 1-855-686-6368 for instructions. After-hours
repairs are only those repairs, which, if not performed, would render YOUR COVERED VEHICLE inoperable or unsafe to drive and impair its future operation.
SECTION 5 - CANCELLATION
In the event the COVERED VEHICLE is repossessed, declared a total loss, or YOU give notice of cancellation, this Vehicle Service Contract shall terminate.
1. In the event of a valid repossession or total loss of the COVERED VEHICLE, the rights under this Vehicle Service Contract, which include cancellation, shall
immediately transfer to the applicable LIENHOLDER. If the contract was financed, the LIENHOLDER shall be entitled to any refunds resulting from cancellation of
this contract for repossession or total loss of the COVERED VEHICLE or failure to make monthly payments in a timely manner, or canceled prior to the account being
satisfied with the LIENHOLDER.
2. a. This Vehicle Service Contract is cancelable by the SERVICE CONTRACT HOLDER or the LIENHOLDER. If the SERVICE CONTRACT HOLDER or the LIENHOLDER cancels
this Vehicle Service Contract within the first sixty (60) days and no CLAIMs have been filed, the SELLER will refund the entire Vehicle Service Contract Price.
b. If this Vehicle Service Contract is canceled by the SERVICE CONTRACT HOLDER or the LIENHOLDER after the first sixty (60) days or a CLAIM has been filed, the
SELLER will refund the amount of the unearned Vehicle Service Contract Purchase Price according to the pro-rata method reflecting the greater of the days in force
or the miles driven relative to the plan selected, decreased by the amount of any CLAIMs paid under the contract.
c. A fifty dollar ($50.00) service fee will be deducted from all refunds for cancellations requested after the first sixty (60) days.
3. How to cancel: Provide the SELLER with: (1) The SERVICE CONTRACT HOLDER copy of this Vehicle Service Contract; (2) a brief letter signed by the SERVICE CONTRACT
HOLDER requesting cancellation; (3) an affidavit indicating the true odometer reading on the date of the request; (4) Proof of loss from the automobile insurance
company if the COVERED VEHICLE was declared a total loss. If this Vehicle Service Contract is financed or on a payment plan, provide the LIENHOLDER’s name and
mailing address. If the account is paid in full, documentation from the LIENHOLDER stating the account has been satisfied will be required. In the event of
cancellation, the LIENHOLDER, if any will be named on the cancellation refund check as their interest may appear.
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SECTION 7 - WHAT IS COVERED BY THIS VEHICLE SERVICE CONTRACT
This Vehicle Service Contract will cover the parts listed below based on the coverage level YOU purchased. Only those parts specifically listed below are covered. Refer to
the DECLARATIONS PAGE to determine which coverage group(s) apply to YOUR COVERED VEHICLE. Items listed in SECTION 8 - WHAT IS NOT COVERED are not covered
under this Vehicle Service Contract.
I. POWERTRAIN COVERAGE
A. Engine Group: All INTERNALLY LUBRICATED PARTs. Crankshaft and bearings, oil pump, fuel pump, diesel injection pump, internal timing gears or chain/belt,
camshaft, camshaft bearings, valve lifters, rocker arm assemblies and push rods, valve guides, pistons and rings, wrist pins, connecting rods, motor mounts, and
distributor drive gear. The engine block and cylinder heads are covered if damage is caused by FAILURE of an INTERNALLY LUBRICATED PART.
ENGINE (Rotary): All of the above listed parts plus rotors, rotor seals, rotor chamber, eccentric shaft and bearings.
B. Turbocharger/Supercharger: Factory installed turbocharger or supercharger, including housing, and all internal parts.
C. Transmission, Transaxle and Transfer Case (4x4/AWD): All INTERNALLY LUBRICATED PARTs. Drive shaft/U joint, torque converter, and transmission mounts.
Case housings are covered if damaged by the FAILURE of an INTERNALLY LUBRICATED PART.
D. Drive Axle Group (Front or Rear): Pinion bearings, side carrier bearings, ring and pinion gears, carrier assembly, thrust washers, axles, axle bearings, constant
velocity joints, internal transaxle seal, and drive axle housing if damaged by the FAILURE of an INTERNALLY LUBRICATED PART.
E. Seals and Gaskets: Seals and gaskets coverage is included for covered components on Vehicles with less than one hundred twenty-five thousand (125,000) miles
at the CONTRACT PURCHASE DATE. Minor loss of fluid or seepage is considered normal and is not considered a FAILURE.
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Z. Limit of Liability (per repair visit) - The COST of repairs in excess of the approved COST to correct any FAILURE using the approved retail labor time from a nationally
recognized labor time guide (i.e. Motors Guide, All-Data), less any DEDUCTIBLE. Parts replacement costs shall not exceed the Manufacturer’s suggested retail price.
In no event shall OUR liability exceed the approved COST necessary to correct the actual cause of FAILURE.
AA. Limit of Liability (Aggregate) - The aggregate total of all repairs and benefits paid or payable while this Vehicle Service Contract is in force shall not exceed the NADA
retail value of the COVERED VEHICLE at time of current repair, or five thousand dollars ($5000), whichever is greater.
BB. Authorized covered repairs that have not been submitted to the ADMINISTRATOR within one hundred eighty (180) days from date of completed repairs.
CC. Modifications to Hybrid Drive Battery/Electric Drive Battery/High Voltage Battery charging system or NON-Factory installed operating software. Cables and wires
connected to and from the charging station.
DD. FAILURE caused by over or undercharging of Hybrid Drive Battery/High Voltage Battery, including allowing the battery to stay drained beyond manufacturer
recommendations or allowing the vehicle to remain idle for more than thirty (30) days. Battery core charges.
EE. Mechanical breakdown caused by or due to the FAILURE of nuts, bolts, or fasteners (internal and/or external) (NOT APPLICABLE TO SUPREME PLUS COVERAGE).
FF. Parts not expressly listed in SECTION 7 - WHAT IS COVERED BY THIS VEHICLE SERVICE CONTRACT, are not covered (NOT APPLICABLE TO SUPREME PLUS COVERAGE).
GG. Any CLAIMS submitted to the ADMINISTRATOR during the WAITING PERIOD.
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COLORADO STATE DISCLOSURE
The following state specific requirements are added to and become part of YOUR Vehicle Service Contract and supersede any other provision to the contrary:
The obligations under this contract are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, Policy number SFM‐12‐CO‐1‐3. If a
covered CLAIM is not paid within sixty (60) days after YOU have filed a proof of loss, YOU may file a CLAIM directly with American Bankers Insurance Company of
Florida, 11222 Quail Roost Drive, Miami, Florida 33157. Please call 1‐866‐306‐6694 for instructions.
SENT‐CLL‐WP‐E‐09‐2020‐CO
©2020 Sentinel Administrators
Promissory Note and Security Agreement
Loan Number: Loan Date: 01/20/2022
HC# 4852-0167-6328 This Note contains multiple pages. Please read each page. Page 1 of 7
THIS IS A CONSUMER CREDIT TRANSACTION. THIS NOTE IS THE FINAL WRITTEN LOAN AGREEMENT BETWEEN LENDER AND BORROWER. IT MAY NOT BE CHANGED EXCEPT
IN WRITING AND SIGNED BY LENDER OR CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS BETWEEN LENDER AND
BORROWER S. THERE ARE NO PRIOR OR CURRENT ORAL AGREEMENTS BETWEEN LENDER AND BORROWER RELATING TO THIS NOTE.
NOTICE TO BORROWER:
(a) DO NOT SIGN THIS BEFORE YOU READ THE WRITING ON THE REVERSE SIDE, EVEN IF OTHERWISE ADVISED.
(b) DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES.
(c) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN.
(d) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT AND YOU MAY BE ENTITLED TO A
PARTIAL REFUND OF THE FINANCE CHARGE.
BY SIGNING THIS NOTE Borrower AGREES WITH AND ACKNOWLEDGES RECEIPT OF THE ABOVE DISCLOSURES AND THE ADDITIONAL TERMS AND CONDITIONS
ON PAGE 2 THROUGH 8.
CAUTION - IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT.
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PROMISSORY NOTE AND SECURITY AGREEMENT
ADDITIONAL TERMS AND CONDITIONS
1. Nonrefundable Loan Origination Fee and Interest. Borrower agrees to pay a non-refundable loan origination fee disclosed on page 1 which is withheld
from the proceeds of this loan. Borrower promises to pay interest of 5.90 % per year (the “Interest Rate”). The simple interest rate on this Note will be
fixed at the per annum interest rate and will accrue on the unpaid principal from the date of this Note until the principal is repaid in full. Interest will accrue
on the unpaid Principal on a daily basis, with the daily rate equal to 1/365th (1/366th in a leap year) of the yearly Interest Rate. The Interest Rate required by
this Section 1 is the rate Borrower will pay both before and after any default described in this Note, and the rate Borrower will pay on any unpaid principal
before and after the Maturity Date of this loan. The amount of the Finance Charge, Total of Payments and Payment Schedule shown in the Truth in Lending
Disclosure Statement assumes that Borrower will make all payments in the scheduled amounts and on the scheduled dates. Because Borrower will pay interest
on the actual balance each day, the interest Borrower will pay will be higher if payments are made later than scheduled, and lower if payments are made
earlier than scheduled. Borrower agrees to pay the actual amount of interest that accrues on the loan evidenced by this Note. Such interest amount may be
more than or less than the Finance Charge shown in the Truth in Lending Disclosure Statement.
2. Repayment. If this Note is to refinance an existing motor vehicle-secured loan obligation and the original payoff quote is not enough to satisfy Borrower’s
existing obligation, and Borrower’s previous lender(s) requires additional funds to release its security interest, Borrower authorizes Lender to pay such funds
on Borrower’s behalf and to add such amounts to the Amount Financed. Borrower further authorizes Lender to advance to others amounts necessary,
including taxes, fees, charges, and other obligations, for Lender to obtain and/or maintain a first priority perfected security interest in the Motor Vehicle and
add such amounts to the Amount Financed. Subject to the requirements of applicable law, Borrower agrees that the amount of Borrower’s monthly payable
will be adjusted so that the Amount Financed (as adjusted) plus accrued interest figured at the annual rate of interest is payable in substantially equal monthly
payments during the term of this Note.
3. Payments. Borrower will make payments as set forth in the payment schedule above. Borrower’s payments will be applied first to accrued, unpaid interest,
then to unpaid principal, and then to any other charges that are due. The portion applied to Principal Amount will be the difference between the total
scheduled payment and the actual accrued interest; any excess over accrued interest and principal will then be applied to charges (such as late fees) and, if
such charges are paid, to remaining principal. On the date of Borrower’s last scheduled payment (the “Maturity Date”), Lender, at Lender’s option, may
demand that Borrower pay in full any and all remaining amounts owing hereunder or permit Borrower to continue to make monthly payments in the then
scheduled amount until all indebtedness hereunder has been paid in full. Borrower will make all monthly payments at Lender’s address set forth above, or at
a different place if required by Lender. Lender may accept late payments, partial payments or items marked “paid in full” or the like without losing any of its
rights under this Note.
4. Prepayment. Borrower may prepay all or any part of the unpaid principal at any time before payment is due, without penalty. If Borrower makes a partial
prepayment it may reduce the number of payments Borrower must make or the amount of the final payment, but Borrower must continue to make a full
payment each month until Borrower has paid all amounts due. Any prepaid finance charge shown in the Itemization of Amount Financed is fully earned when
the principal amount of this Note is disbursed and is not subject to rebate or refund if principal is prepaid or accelerated.
5. Loan Charges. Lender intends to charge only interest, fees and charges permitted by law. If a law, which applies to this loan and which sets maximum loan
charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this Note exceed the permitted limits,
then: (a) any such loan charge will be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from
Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal Borrower owes
under this Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment.
6. Security Interest. Borrower grants Lender a security interest in the Motor Vehicle identified on the first page of this Note. If the Motor Vehicle is purchased
by Borrower with proceeds from this Loan, Borrower agrees that Lender’s security interest is a purchase-money security interest. That security interest
extends to all accessions, accessories, equipment, and replacement parts installed in or on the Motor Vehicle. The security interest also covers proceeds of
any insurance policies or service contracts covering the Motor Vehicle and the proceeds of any sale of the Motor Vehicle. The security interest secures payment
of all amounts Borrower owes under this Note and in any transfer, renewal, extension, modification, refinancing or assignment of this Note. It also secures
Borrower’s other agreements and promises in this Note. Borrower will not grant anyone else a security interest, lien or any other claim to the Motor Vehicle
without Lender’s express prior written consent. To the extent permitted by applicable law, Borrower appoints Lender through Lender’s appointed officer
or employee, as Borrower’s attorney-in-fact to sign on Borrower’s behalf any documents necessary to properly record and perfect Lender’s security interest
should Borrower fail to do so.
7. Risk of Loss. Borrower agrees to take the following action to protect Lender’s security under this Note: (a) Maintain the Motor Vehicle in good condition,
reasonable wear and tear excepted; (b) Pay all taxes, fees, fines, bills, and any other charges assessed or levied against the Motor Vehicle, whether billed to
Borrower, to Lender, or another party; (c) Notify Lender immediately if the Motor Vehicle is impounded; (d) Protect the Motor Vehicle from misuse or
confiscation; (e) Use the Motor Vehicle only in a manner that is not illegal or contrary to the terms of the insurance policies required by this Note; (f) Use the
Motor Vehicle for personal, family or household purposes only, and not for any commercial or other purpose; (g) Keep the Motor Vehicle within the United
States, unless Borrower has Lender’s prior written consent to take it outside the United States; (h) Not sell, transfer, or assign Borrower’s right, title, or interest
in the Motor Vehicle without Lender’s prior written consent; and (i) Keep the Motor Vehicle free of any lien, encumbrance, or security interest other than
Lender’s unless Borrower has Lender’s prior written consent. Borrower must pay Lender all that is owed under this Note even if the Motor Vehicle is lost,
damaged, or destroyed.
8. Further Assurances. From time to time Borrower agrees to sign and deliver to Lender any document and assurances Lender may require to maintain the
priority of Lender’s security interest in the Motor Vehicle and to help Lender resell the Motor Vehicle if Lender repossesses it. Borrower will also take all
measures required to file and maintain perfection of Lender’s security interest in the Motor Vehicle.
9. Required Physical Damage Insurance. Borrower agrees to insure Borrower and Lender for the term of this Note against loss of or damage to the Motor
Vehicle with a policy in Borrower’s name acceptable to Lender. Borrower will maintain comprehensive fire, theft and collision coverage, insuring the Motor
Vehicle for at least the Motor Vehicle’s fair market value. Borrower agrees that the deductible(s) for any insurance policy covering the Motor Vehicle shall not
exceed $1,000 for comprehensive or $1,000 for collision coverage. If the Motor Vehicle is declared a total loss resulting in an insurance settlement for less than
the total outstanding balance under this Note (including principal, interest, and any other charges), Borrower will be liable to Lender for the difference plus
the deductible, to the extent permitted by law. Borrower will name Lender as loss payee and provide whatever evidence of insurance Lender requests.
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The insurance must provide for 10 days advance written notice to Lender before any cancellation or reduction in the insurance coverage. Borrower has the
option of furnishing the required amount of insurance through existing policies owned or controlled by Borrower or of procuring and furnishing the
required coverage through any insurer authorized to transact an insurance business within the state. Lender may refuse any insurance Borrower offers, for
reasonable cause, as permitted by law. Borrower’s choice of insurance provider will not affect Lender’s decision to extend credit or the terms of credit. If
Borrower does not maintain the required insurance, Lender may buy substantially similar coverage at Borrower’s expense. Lender will add the cost of such
insurance to Borrower’s obligations due under this Note. Borrower agrees to pay such costs either upon Lender’s demand or in installments, subject to a
finance charge at the Interest Rate. The insurance Lender buys may, at Lender’s option, protect only Lender’s interest, or both Lender’s interest and
Borrower’s. Insurance Lender buys may cost substantially more than insurance Borrower buys. Lender will cancel the insurance Lender buys if Borrower
provides Lender with satisfactory proof of insurance. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE
CAUSED TO OTHERS IS NOT INCLUDED IN THIS CONTRACT.
10. Late Fees and Returned Item Fees. If Borrower does not pay the full amount of each monthly payment within 10 days after it is due, Borrower promises
to pay a late fee of $15. Borrower will pay this late fee promptly, but only once on each late payment. Acceptance of a late payment or late charge by Lender
does not mean that Borrower can keep making payments later than the due date. If any check, other payment instrument, or ACH payment Borrower gives
Lender is not paid, is dishonored or rejected, Borrower will pay Lender a charge of $25, or the maximum amount prescribed under state law, whichever is
lesser. Lender may add those fees to the unpaid principal Borrower owes or collect them separately.
11. Default. Borrower will be in default under this Note if (1) Borrower does not pay the full amount of each monthly payment on the date it is due; or (2)
Lender’s prospect of payment, performance, or realization of the security interest is significantly impaired, which may include (a) if Borrower fails to keep all
other promises in this Note or in any other obligation Borrower owes to Lender, (b) if any information furnished in connection with this Note proves to have
been false or materially misleading; (c) if Borrower becomes subject to a bankruptcy or an insolvency proceeding, (d) if the last remaining obligor on this Note
and Borrower dies; (e) if Borrower sells or transfer any interest in the Motor Vehicle without Lenders prior written consent; (f) if Borrower experiences any
financial change that Borrower considers adverse and material to Lender’s interest in the Motor Vehicle; (g) if the Motor Vehicle is levied upon or seized under
any legal process; or if (9) the Motor Vehicle is lost, stolen, or suffers substantial damage.
12. Rights and Remedies upon Default. Upon default, Borrower agrees that Lender will have all rights, options, and remedies of a secured party under
applicable law, and under this Note, subject to any right to cure Borrower may have under applicable law, including without limitation, the following: (a)
Lender may demand immediate payment in full of all amounts outstanding under this Note (following any applicable notice and waiting period if and as
required by law); (b) Borrower agrees to deliver the Motor Vehicle to Lender at Lender’s direction; (c) Lender may repossess the Motor Vehicle, and to do so
Lender or Lender’s agents may peacefully and lawfully enter upon the property where the Motor Vehicle is kept without judicial process; (d) Lender may sell
the Motor Vehicle if Borrower does not do what is required to redeem it; (e) Lender may, in Lender’s sole discretion, make or have made any repairs that Lender
deems necessary or desirable; (f) Lender may, in Lender’s sole discretion, pay insurance premiums covering the Motor Vehicle, as well as repair or storage
bills, taxes, fees, fines or other charges on the Motor Vehicle, and Borrower agrees to fully reimburse Lender upon Lender’s demand; and (g) to the extent
not prohibited by applicable law, Borrower agrees to pay all of Lender’s actual and reasonable expenses of repossessing, storing, repairing and placing in
condition for sale, and selling the Motor Vehicle. Borrower also agrees to pay the actual and reasonable attorneys’ fees incurred by Lender in payment of the
services of external counsel (“Attorneys’ Fees”), to the extent allowed by applicable law, whether or not suit is brought or foreclosure actually commenced,
including any Attorneys’ Fees relating to any insolvency, liquidation, receivership or bankruptcy proceedings. Borrower agrees that Lender may take items of
personal property found in the Motor Vehicle when Lender repossesses it, and hold them for Borrower. If Borrower does not claim the items of personal
property within any time required by law, Lender may dispose of them in the same manner as the Motor Vehicle or in any other manner Lender deems
reasonable.
13. Sale of Repossessed Property. Lender will send Borrower a written notice of sale at least ten (10) days before selling the repossessed Motor Vehicle. If
Borrower does not do what is required to get the Motor Vehicle back (including but not limited to redemption), Lender may sell the Motor Vehicle. The sale
proceeds, less Lender’s actual and reasonable expenses of repossessing, storing, repairing and placing in condition for sale, and selling the Motor Vehicle, and
less Lender’s Attorneys’ Fees and legal costs to the extent not prohibited by law, will be used to pay the amount Borrower owes on this Note. Any money left
will be paid to Borrower unless the law requires that Lender pay it to someone else. If the sale proceeds are not enough to pay off this Note and costs,
Borrower must pay what is still owed (“deficiency”) to Lender, to the extent allowed by law. If Borrower owes a deficiency, Borrower may be charged interest
at the rate required by Section 1 or the highest lawful rate until Borrower pays Lender all that Borrower owes.
14. Lender’s Right to Contact Borrower. Lender reserves the right to contact Borrower regarding Borrower’s account status and changes to subscriber
agreements, privacy notices, or any other policies or agreements relevant to Borrower and/or the Note. Borrower also agrees that Lender may contact
Borrower in any manner (including text message or auto dialer) at any telephone number provided on Borrower’s credit application, including Borrower’s cell
phone or any other mobile device. Borrower may be charged by Borrower’s wireless provider in order to receive text messages. Borrower may change
Borrower’s contact preferences by calling Lender’s toll free number or contacting Lender via e-mail at loanservicing@axosbank.com.
15. No Waiver by Lender. Even if, at a time when Borrower is in default, Lender does not exercise its default remedies as described above, Lender will still
have the right to do so if Borrower is in default at a later time. The Lender’s failure to exercise any of its rights under this Note, or delay in exercising any of
its rights, will not act as a waiver of those rights or prevent Lender from strictly enforcing those rights in the future. Waiver of any default shall not constitute
a waiver of subsequent default.
16. Obligations of Persons under this Note. If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do
these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep
all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all of them together. This
means that any Borrower may be required to pay all of the amounts owed under this Note.
17. Transferable Record. Borrower expressly agrees that this Note is a “transferable record” as defined in applicable law relating to electronic transactions
and that it may be created, authenticated, stored, transmitted, and transferred in a manner consistent with and permitted by such applicable law.
18. Applicable Law; General. Lender is a federally-chartered bank located in Nevada and has the rights under federal law to export interest rates, fees, and
other types of charges based upon the laws applicable to a Nevada state-chartered bank. As such, this Note is governed by and construed in accordance with
Nevada law (excluding Nevada choice of law or conflict of law) and Federal law pursuant to 12 USC § 85. Any provision hereof held by a court to be invalid
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shall not affect the remainder of this Note. Borrower may not assign this Note except with Lender’s prior written consent, and subject to the foregoing this
Note shall be binding upon the heirs, personal representatives, successors, and assigns of both Borrower and Lender. Unless otherwise required by applicable
law, any written notice that Lender is obligated to send Borrower hereunder shall be sufficient if sent by regular mail, postage prepaid, to Borrower’s address
shown on the front side hereof (or any more recent address advised by Borrower in writing). Lender does not have to repossess the Motor Vehicle or exercise
any of Lender’s other rights before collecting from Borrower. Borrower agrees to give Lender updated financial information any time Lender requests it.
Borrower waives demand, presentment, protest, notice of dishonor and notice of protest to the extent permitted by law. This Note constitutes the entire
agreement between Lender and Borrower and may not be altered or amended except by a writing signed by both Borrower and Lender. For the
avoidance of doubt, oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment
of a debt including promises to extend or renew such debt are not enforceable. To protect Lender and Borrower from
misunderstanding or disappointment, any agreements reached covering such matters are contained in this writing, which
is the complete and exclusive statement of the agreement between Lender and Borrower, except as later agreed in writing
to modify it.
California and Utah Borrowers: As required by California and Utah law, Borrower is hereby notified that a negative credit report reflecting on Borrower’s
credit record may be submitted to a credit reporting agency if Borrower fails to fulfill the terms of Borrower’s credit obligations.
Wisconsin Borrowers: As required by Wisconsin Law, Borrower is hereby notified that no provision of a marital property agreement, a unilateral statement
under the marital property law, or a court decree adversely affects the interest of Lender unless Lender, prior to the time the credit is granted, is furnished
with a copy of the agreement, statement of decree or has actual knowledge of the adverse provision when the debt to Lender is incurred.
Maryland Borrowers and Co-Borrowers: As required by Maryland law, Borrower is hereby notified of Lender’s right, upon default, to repossess the Motor
Vehicle. Such repossession may be accomplished without resort to judicial process. Refer to Md. Code Ann., Com. Law § 12-115.
If you are married AND your spouse is not a borrower, co-borrower, or other owner, please complete the following:
For Nebraska Borrowers and Co-Borrowers Only transacting a loan $25,000.00 or more:
Purchase-Money Loan. The following notice applies if the Note reflects a purchase money loan for the Motor Vehicle.
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 WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY
THE DEBTOR HEREUNDER.
Non-Purchase-Money Loan. If Borrower is (a) a member serving on either (i) active duty or under a call or order that does not specify a period of thirty
days or fewer, or (ii) active guard and reserve duty, or (b) a dependent (including spouse) of such a service member, AND Borrower is using the
proceeds of the loan evidenced by this Note for a purpose other than the purchase of the Motor Vehicle then:
1. The Arbitration Provision below is void and does not apply; and
2. The following disclosure does apply:
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general,
the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This
rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold
in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts);
and any participation fee charged (other than certain participation fees for a credit card account).
Borrower may call us toll-free at (844) 517-5556 to receive oral disclosure of the above notice and of Borrower’s loan payment schedule.
ARBITRATION PROVISION. Upon written request by Borrower or Lender submitted according to the rules for arbitration, any Claim, except those specified
below, shall be resolved by binding arbitration in accordance with: (i) the Federal Arbitration Act, (ii) the Rules of the chosen Administrator, and (iii) this
Arbitration Provision.
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(a) Claims Covered. “Claim” means any claim, dispute, or controversy now or hereafter existing between Borrower and Lender, including without limitation,
any claims arising out of, in connection with, or relating to this Note, and any modification, extension, application, or inquiry of credit or forbearance of
payment; any trade-in of a vehicle; any products, goods and/or services, including the installation thereof, purchased in connection with this Note; any
insurance, service contract, extended warranty, auto club membership or debt cancellation agreement purchased in connection with this Note; the closing,
servicing, collecting or enforcing of this Note; whether the claim or dispute must be arbitrated; the validity of this Arbitration Provision; any negotiations
between Lender and Borrower; any claim or dispute based on an allegation of fraud or misrepresentation, including without limitation, fraud in the
inducement of this or any other agreement; and any claim or dispute based on state or federal law, or an alleged tort. Lender and Borrower also agree to
submit to final, binding arbitration any claim or dispute that Lender or Borrower has against all persons and /or entities: (i) who are involved with this Note,
(ii) who signed or executed any document relating to this Note or any Claim, and (iii) who may be jointly or severally liable to either Borrower or Lender
regarding any Claim.
EXCLUSION FROM ARBITRATION. The following types of matters will not be arbitrated: (1) the exercise of extra-judicial or self-help repossession under
applicable law or any action seeking to enforce a security interest or any action to effect the sale or transfer of the Motor Vehicle being foreclosed (collectively
“Excluded Actions”) provided, however, that any claim or dispute arising out of or relating to the exercise of such Excluded Actions is subject to arbitration in
accordance with this Arbitration Provision; or (2) any Claim where all parties collectively (including multiple named parties) seek, in the aggregate, $15,000 or
less in total monetary relief, including but not limited to compensatory, statutory and punitive damages, restitution, disgorgement, and costs and fees
(including attorney’s fees); or any Claims brought and maintained as an individual (as opposed to class) action in a small claims court. If Borrower attempts to
assert any Claim on behalf of a putative class of persons, in violation of other terms in this Arbitration Provision, the value of such Claim will, for purposes of
this exclusion, be deemed to exceed $15,000. If any party fails to specify the amount being sought for any relief, or any form or component of relief, the
amount being sought shall, for purposes of this exclusion, be deemed to exceed $15,000. Participation in a lawsuit or seeking enforcement of this section by
a court shall not waive the right to arbitrate.
(b) Commencing Arbitration. The party initiating arbitration must choose one of the following arbitration Administrators and follow the rules and procedures
that govern disputes established by the Administrator (“Rules”). The Administrator shall be the American Arbitration Association, 335 Madison Avenue, New
York, NY 10017-4605, www.adr.org, or any other organization that Borrower may choose provided Lender approves of Borrower’s choice in writing. The Rules
and a form of demand for arbitration are available from the Administrator. Lender or Borrower may bring an action, including a summary or expedited
proceeding, to compel arbitration of any Claim, and/or to stay the litigation of any Claim pending arbitration, in any court having jurisdiction. Such action may
be brought at any time, even if a Claim is part of a lawsuit, up until the entry of a final judgment.
(c) Place of Arbitration. Arbitration shall be conducted in the county of Borrower’s residence, unless all parties agree to another location.
(d) No Class Actions/No Joinder of Parties. Claims and disputes by or on behalf of other persons not a party to this Note will not be arbitrated in any proceeding
considering Borrower’s Claims. BORROWER MAY NOT SERVE AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS OR ACT
AS A PRIVATE ATTORNEY GENERAL WITH RESPECT TO ANY CLAIM AGAINST ANY PARTY ENTITLED TO COMPEL ARBITRATION UNDER THIS ARBITRATION
PROVISION. This is referred to in this Note as the “class action waiver.”
(e) Governing Law for Arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., shall govern this Arbitration Provision. The arbitrator shall make his or her
decision in accordance with applicable substantive law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall be
empowered to award any damages or other relief provided for under applicable law. Judgment upon any arbitration award may be entered in any court
having jurisdiction.
(f) Costs of Arbitration. Lender will advance Borrower’s filing, administration, service or case management fees and Borrower’s arbitrator or hearing fee all
up to $2,500, which may be reimbursed by the decision of the arbitrator at the arbitrator’s discretion. Each party shall be responsible for its own attorney,
expert and other fees, unless awarded by the arbitrator under applicable law.
Disclosure of arbitration related costs:
1. Filing Fees:
(i) In cases before a single arbitrator where Borrower is the claimant, a nonrefundable filing fee, capped in the amount of $200, is
payable in full by Borrower when a case is filed. A nonrefundable filing fee in the amount of $300 is payable by Lender once
Borrower meets the filing requirements.
(ii) In cases before three or more arbitrators, where Borrower is the claimant, a nonrefundable filing fee capped in the amount of
$200 is payable in full by Borrower when a case is filed. A nonrefundable filing fee in the amount of $425 is payable by Lender
once Borrower meets the filing requirements.
(iii) In cases where Lender is the claimant, Lender shall be responsible for all filing fees. The nonrefundable filing fee is $500 for a
single arbitrator or $625 for three arbitrators.
2. Arbitrator Fees:
(i) Arbitrators serving on a desk/documents-only arbitration will receive compensation at a rate of $1,500 per case
(ii) Arbitrators serving on an in-person or telephonic hearing arbitration case will receive compensation at a rate of $2,500 per day
of hearing per arbitrator.
3. Other Fees: Case Management fee, hearing fees, hearing room rental fees and all expenses of the arbitrator will be borne by the Lender.
(g) Other Important Agreements. This Arbitration Provision applies even if this Note has been paid in full, charged-off by Borrower, or discharged in
bankruptcy. In the event of a conflict or inconsistency between this Arbitration Provision and the arbitration Rules or the other provisions of this Note, this
Arbitration Provision shall govern.
If the class action waiver above is determined to be unenforceable, void, illegal or otherwise against applicable law, then the remainder of this Arbitration
Provision shall be unenforceable.
Special Acknowledgments. Borrower understands: (i) the Motor Vehicle and other goods, products and services related to this Note, as well as the funding
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for Borrower’s credit transaction, come in whole or in part from sources outside this state, which constitute interstate commerce within the meaning of the
Federal Arbitration Act; and (ii) a court or jury will not hear or decide any Claim governed by this Arbitration Provision.
Borrower may opt out of this Arbitration Provision by sending Lender by certified mail Borrower’s request to do so, signed by all parties who signed the
Note. To be effective, Lender must receive the request within 10 business days of the date of this Note.
Cosigner Notice. Any Borrower acting as a cosigner on this Note should read the following notice carefully before signing (in the following notice only,
“you” refers to the Borrower acting as a cosigner):
You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn’t pay the debt, you will have to. Be sure you can
afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which
increase this amount.
The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection methods
against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may
become a part of your credit record.
This notice is not the contract that makes you liable for the debt.
Se le está pidiendo que garantice esta deuda. Piénselo con cuidado antes de ponerse de acuerdo. Si la persona que ha pedido este préstamo no
paga la deuda, usted tendrá que pagarla. Esté seguro de que usted podrá pagar si sea obligado a pagarla y de que usted desea aceptar la
responsabilidad.
Si la persona que ha pedido el préstamo no paga la deuda, es posible que usted tenga que pagar la suma total de la deuda, más los cargos por
tardarse en el pago o el costo de cobranza, lo cual aumenta el total de esta suma.
El acreedor (financiero) puede cobrarle a usted sin, primeramente, tratar de cobrarle al deudor. Los mismos métodos de cobranza que pueden
usarse contra el deudor, podrán usarse contra usted, tales como presentar una demanda en corte, quitar parte de su sueldo, etc. Si alguna vez
no se cumpla con la obligación de pagar esta deuda, se puede incluir esa información en la historia de crédito de usted.
Este aviso no es el contrato mismo en que se le echa a usted la responsabilidad de la deuda.
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Status Report Pursuant to Military Lending Act
Borrower
Last Name: GONZALES
Middle Initial: L
Co-Borrower
Last Name: GONZALES
Middle Initial: L
This borrower does not possess information indicating he/she is either considered on active
duty or active guard and reserve duty status for more than 30 days from the Status Inquire Date, or is
a dependent of a service member as defined by the Military Lending Act.
RG Version 11-17-2021