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DEALER AGREEMENT - American Motor Credit

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2. SS e 98819n03 erd CUSTOMER ELIGIBILITY Y TERM AND RATE VEHICLES N American Motor Credit UNDERWRITING GUIDELINES A complete and legible credit application with credit bureau if available is required for initial consideration A three year employment history and three year residency history is required for underwriting approval Credit scores below 425 will oe disqualified A down payment is required and should be approximately 10 of amount financed with a minimum down payment of 1 000 00 Buyer s payment to income ratio should be no more than 15 The preferred is 11 to 13 Buyer must have a verifiable income of 1 800 00 per month 2 500 00 for joint or more Buyers with repossessions are considered on a deal by deal basis if REPO is at least six 6 months old Buyers with a bankruptcy or multiple bankruptcies are considered based on timing of discharge or dismissal Self employed customers must provide three 3 months of recent bank statements The term of loan is based on vehicle s estimated life cycle and buyer s monthly payment to income needs Vehicles must be matched to buyer s ability Interest rates charged range from 1476 to 29 9976 and are determined on a deal by deal risk assessment We accept both simple interest and pre computed contracts MINIMUM AND MAXIMUM LOAN AMOUNTS The minimum loan amount is 5 000 00 and the maximum loan amount
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4. American Motor Credit DEALER AGREEMENT Box 1517 Woodstock GA 30188 Tel 678 213 5626 Toll Free 855 709 3305 Fax 678 213 5627 www AmericanMotorCredit com E American Motor Credit DEALER AGREEMENT This Agreement is made as of the _ day of o 20 Effective Date by and between American Motor Credit LLC herein referred to as AMC located at 585 Molly Lane Woodstock Georgia 30189 and herein referred to as Dealer WHEREAS Dealer is in the business of selling new and or used motor vehicles in the ordinary course of business and in doing so Dealer arranges financing for the purchase of such new and or used motor vehicles by the Dealer s customer hereinafter the Buyer and WHEREAS AMC wishes to purchase from time to time and in its sole discretion from Dealer and Dealer wishes to sell certain retail installment contracts Contract or collectively Contracts entered into by Dealer and Buyer in the course of financing such new and or used motor vehicles NOW THEREFORE in consideration of the mutual covenants promises and conditions set forth in this Agreement and for other good and valuable consideration AMC and Dealer collectively Parties each of whom may be referred to individually as a Party agree as follows 1 GENERAL PROCEDURES 1 1 With respect to any Contract that Dealer offers for sale to AMC under this Agreement Dealer shall have first made the motor ve
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8. 4 10 Dealer agrees to obtain the down payment specified in the Contract from the Buyer prior to Contract execution and delivery of the Motor Vehicle Dealer shall not make a loan or cash rebate to the Buyer or assist the Buyer in obtaining a loan from any third party to be used as a part of all or such down payment or any other payment on the Contract Should the down payment be in the form of a check the Dealer shall verify that the check represents good funds prior to submitting the Contract to AMC 4 11 Dealer has title to the Motor Vehicle and has registered the Motor Vehicle in the Buyer s name or has made application therefore as required by state law Dealer warrants that it will take all steps necessary to ensure that AMC will have a properly perfected security interest in the vehicle prior to all other security interest and deliver to AMC a new title certificate for the Motor Vehicle financed by such Contract naming AMC as first lien holder within thirty 30 days calendar days after AMC issues the payment to the Dealer 4 12 Dealer warrants that the descriptions of the new and or used vehicles and any additional accessories and equipment are in all respects true accurate and complete 4 13 Dealer warrants that it does not know of any fact or situation indicating the uncollectibility by AMC of any Contract This includes but is not limited to uncollectibility or default due to fraud deception or misrepresentation of any type
9. First Name Last Name Phone Ext Email Address 1 2 3 4 F amp I Personnel These users will be able to originate rate and view quotes and then laser print final contracts for customer s signature First Name Last Name Phone Ext Email Address 1 2 3 4 5 6 FGA E Contract Amendment v030114 Page 3 of 3 bY 10C S0 SHN 0711 Peur sejeioossy 6102 1952 582 888 jueunyedeq 69576 v2 eden 00 INS 3ees OSZ 00 TY V Aq Loze 9z8 008 uonesiumupy eajou jnouym aBueyo oj joefqns sajey GLO Meniqes4 9An259JJ3 wose swos woower suey nosey sse SATIN MOS 498 39 VH3AO93AHBSSH rool wel nose woowo9 oss oower woven 5580 SATIN 3180 39 V3 SAOO 97199533 ooog wouer wooer sse xg sejotueA ogn 091 005 SHO9SVHOS IS uondo Buueeddesiq 065 da ALNVHHVM d318vana SEH DE 0 55753709 97159599 uo Q pue
10. Dealer additionally warrants and agrees Rev 6 23 14 Page 4 of 11 Initials to repurchase any Contract and compensate AMC for any related damages resulting from any transaction later determined to be the result of fraud or deception involving any application submission or Contract purchase 4 14 Dealer warrants that the vehicles APS and any other applicable options are accurately described in each Contract Dealer further warrants that the title to the vehicle does not indicate that 1 it is a salvaged vehicle 2 the odometer has been rolled back 3 the vehicle has had significant flood damage or any other fact that would have an adverse effect upon the value of the vehicle and that such vehicle was delivered by Dealer and accepted by Buyer without condition or reservation 4 15 Dealer has no notice or knowledge of denial of liability by the Buyer under the Contract 4 16 Dealer will honor any warranties granted to the Buyer by Dealer AMC or the manufacturer as the case may be 4 17 All Contracts shall incur a first payment default defined as payment not received on the first payment due date as specified in the Contract First payment must be made by Buyer and will not be accepted from Dealer If a first payment default occurs Dealer will be required to repurchase the Contract from AMC for the amount that AMC purchased the Contract from Dealer From time to time an AMC Underwriter may extend the recourse period beyond
11. Should the undersigned fail to pay any indebtedness hereby secured or the interest thereon when the same become due or default in any of the undersigned or covenant hereunder time being hereby made of the essence hereof the entire indebtedness hereby secured shall at the option of said company or assigns become immediately due and payable and said company assigns any officer agent or attorney thereof may enter upon the premises of undersigned and take possession of said property Said company may sell the said property either at public or private sale with or without advertisement on such terms as said company assigns may deem best and said company or assigns may bid and purchase at such sale all without any notice or demand whatsoever to undersigned The proceeds of any such sale shall be applied first to the payment of all obligations recited herein and the expenses of such sale and to the indebtedness hereby secured and then the balance if any shall be returned to the undersigned Taking possession of said property shall not affect the liability of the undersigned in any way nor shall assigns nor any officer agent or attorney thereof be liable in any way to undersigned for entering any premises or taking possession of said property The rights and remedies herein granted are cumulative of those granted by law See Georgia Code Section 11 9 504 American Motor Credit LLC will charge a minimum 40 00 fee for boxing and taking inventory of any
12. regardless of the reason for or manner of termination 3 Any and all goodwill generated by Dealer s use of the AUL Names Marks and Artwork will inure to the benefit of AUL DEALER S OBLIGATI ONS RE VALID CONTRACT CLAIMS Valid Contract Claims are defined as those claims which have been approved by the Administrator prior to the repair being completed on Contracts that are in force and have been received and accepted by the Administrator and fully paid for by the Dealer Dealer agrees to the following additional obligations upon receiving a Valid Contract Claim from a Purchaser A In its capacity as a qualified repair facility to repair or replace any covered part s due to mechanical failure or to arrange to provide for covered repairs in accordance with any Contract issued To inform Administrator before initiating any covered repair or replacement of all circumstances or conditions including but not limited to Purchaser s neglect abuse failure to perform required services alteration of vehicle etc that would exclude coverage under the Contract 2012 Associates Underwriting Limited L L C AUL DA 09 2012 VI VII VIII C To submit each claim to Administrator for payment within ten 10 days after completion of the corresponding repair That the labor manual used for calculating repair times and hourly rates charged shall be any then current nationally recognized flat rate guide approved in advance by Adm
13. version of the Terms of Use that is in effect on the Amendment Effective Date and Originator agrees to be bound by and comply with such Terms of Use Wise F amp I may change the Terms of Use from time to time by giving notice of such change to Originator by any reasonable means including without limitation by posting the updated version of the Terms of Use on the Platform Any such change shall be effective on the revised Last Updated date at the top of such changed Terms of Use Originator s continued access to and or use of the Platform including without limitation any access to or use of the Platform by any user of any credentials issued for access to or use of the Platform such as a username and password after Wise F amp I gives notice of a change to the Terms of Use including without limitation by posting an updated version of the Terms of Use on the Platform constitutes Originator s agreement to any such changed Terms of Use Further any breach of the Terms of Use by Originator including without limitation any access to or use of the Platform by any user of any credentials issued for access to or use of the Platform such as a username and password shall constitute a breach of this Agreement All initial Authorized Users as defined in the Terms of Use are identified on Exhibit A to this E Contract Amendment which exhibit is hereby incorporated herein Administrator shall not be liable for any damages losses costs exp
14. AMC s current underwriting guidelines AMC may without prior notice change such criteria at any time and from time to time and may decline to purchase a contract even if the prospective Buyer and transaction conform to the underwriting criteria in effect at the time it is offered to AMC AMC will use good faith efforts to advise Dealer of significant changes in the underwriting criteria from time to time but shall not be liable for failure to do so The original executed Contract shall be assigned to AMC by Dealer and shall be delivered to AMC together with evidence of title to the Motor Vehicle naming AMC as lien holder and all other related documents as AMC may require The purchase price of each Contract purchased by AMC shall be a specified amount not to exceed the unpaid balance of the Contract exclusive of financing charges included therein The purchase price shall be paid to or on behalf of Dealer by check or electronic funds transfer when the Contract is purchased and thereupon all of the Dealer s rights under and interest in and to the Contract shall pass to AMC 4 DEALER S REPRESENTATIONS AND WARRANTIES 4 4 2 4 3 4 4 4 5 Each and every warranty and representation set forth in this Agreement including but not limited to this paragraph is essential and integral to the terms of this Agreement Dealer Bg rdi Aet SALT cA ton insert corporation partnership or limi
15. Insurance Agency Inc hereinafter collectively referred to as Administrator and hereinafter referred to as Dealer with respect to the following WHEREAS Administrator has entered into a Program Agreement relating to the establishment and administration of a Vehicle Service Contract Program hereinafter referred to as the Program pursuant to which certain Vehicle Service Contract s hereinafter referred to as Contract s are to be sold by Dealer on all eligible vehicles WHEREAS Dealer wishes to act as an independent agent for Administrator pursuant to the terms of this Agreement WHEREAS Dealer pursuant to the terms set forth herein agrees to remit to Administrator a contract cost hereafter referred to as Contract Cost as set forth in the Dealer Net Price Schedule WHEREAS Dealer agrees to perform the requirements set forth herein and in the Contracts in furtherance of the Program NOW THEREFORE in consideration of the mutual promises contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged the parties hereto agree as follows l INDEPENDENT AGENT Administrator retains Dealer as an independent agent to sell Contracts issued pursuant to the Program and Dealer agrees to act as an independent agent pursuant to the terms set forth herein Nothing in this Agreement shall be construed as creating a relationship of partners joint ventures employer or agent a
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17. a Confirmation when and if i Dealer and Buyer execute a Contract in accordance with the terms of the Confirmation on a form approved by AMC ii the Contract and all other documents AMC requires are submitted to AMC within fifteen 15 calendar days after AMC issues the confirmation and iii there is no default under this Agreement or under the Contract at the time that events i and ii are satisfied If any term or condition contained in the Contract contradicts or differs from this Agreement this Agreement shall control 125 Payments from Buyer After purchase of a Contract by Dealer shall forward to AMC any payments received by Dealer on the Contract from the Buyer within twenty four 24 hours of receipt Dealer will not make any payments on behalf of the Buyer 1 6 AMC reserves the right to make any check or draft jointly payable to Dealer and any third party who sold the Motor Vehicle to the Dealer and holds a security interest in the Motor Vehicle inventory of the dealer ADDITIONAL PRODUCTS AND SERVICES 2 1 Defined Additional Products and Services APS shall mean vehicle service contracts and GAP contracts 2 2 Acceptability of APS As may be limited by applicable law AMC will purchase a contract containing an APS that has been sold and financed by the Dealer provided that AMC has approved the form and administrator or underwriter of the APS 2 3 Cancellation of APS If APS has been sold by the Dealer and
18. financed in a Contract purchased by AMC Dealer agrees that such APS shall be cancelable upon demand by Buyer Upon such cancellation Dealer shall immediately notify AMC that the APS has been cancelled by the Buyer Dealer further agrees that any such APS may be cancelable by AMC or by operation of law Upon cancellation Buyer shall be entitled to a refund of the unearned portion of the cash price of the APS as provided by the APS contract or as may be otherwise required by law whichever is greater As between AMC and Dealer Dealer agrees to pay to AMC as appropriate any refund due to Buyer under the terms of the APS Contract AMC will forward the refund to Buyer or apply to the outstanding balance of the Contract as appropriate Dealer s liability under this section shall be limited to the amount Dealer collected and retained or otherwise received directly or indirectly in connection with the sale of the APS which is determined by the foregoing standards to be subject to refund Dealer shall remit this portion of the refund and any portion of the Buyer s refund received by the Dealer to AMC if required by law within 15 days of cancellation and as directed by AMC Such refund may if so provided in the related Contract be subject to a security interest of AMC therein Rev 6 23 14 Page 2 of 11 Initials 3 PURCHASE AN ASSIGNMENT OF CONTRACT 3 1 3 2 3 93 For informational purposes attached hereto as Exhibit is a copy of
19. is 20 000 00 Higher loan amounts on a case by case basis LOAN TERMS The minimum loan term is 24 months and the maximum is 84 months In addition to these minimum and maximum terms AMC has established underwriting guidelines for maximum terms based on the vehicle s mileage at the time of contract Exceptions to these guidelines are allowed with approval from senior underwriter Any eligible vehicle must be included in Black Book or NADA Any vehicle that is more than 10 model years old will be an exception that will require approval from a senior underwriter All autos must be mechanically sound and an approved GPS tracking device is required E American Motor Credit LOAN DOCUMENTATION CHECKLIST Dealer s list of documents to submit with Contract A Original Signed Credit Application Credit Bureau Risk Based Pricing Notice A Original Signed Sales Contract ____ Copy of Approval Callback Sheet Billof Sale Purchase Agreement _____ Odometer Statement ____ MV 1 Tag Title Application ___ 5 License valid ____As ls Warranty ____ Privacy Notice ___ Proof of Income ___ Proof of Residence ____ Proof of Insurance ___ Agreement to Provide Insurance Right of Repossession _____ Recourse Addendum if over 1 month recourse A Arbitration Agreement GPS Install amp Vehicle Access Agreement Nwotice to Cosigner A Release of Records GAP Wise Extended Warranty E America
20. month period Unless so terminated this Agreement shall continue indefinitely B This Agreement will immediately terminate at the Administrator s discretion if Dealer s Earned Loss Ratio defined as the total amount of claims paid on Contracts in force against the total amount of earned Reserves on Contracts in force exceeds 100 C All supplies and Confidential Information furnished by the Administrator shall be returned to the Administrator on termination of this Agreement D Upon termination all obligations of either party with the exception of Dealer s obligations under Section 111 above shall cease provided however that the Dealer and the Administrator shall remain responsible in accordance with the provisions of this Agreement for all Contracts issued and paid prior to the date of termination IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date above first written DEALER Signature Printed Name Title ADMI NI STRATOR 1250 Main Street Suite 300 Napa CA 94559 Signature Printed Name Title 2012 Associates Underwriting Limited L L C AUL DA 09 2012 AUTHORI ZATI ON AGREEMENT FOR DIRECT PAYMENTS ACH DEBITS AUL Corporation is hereby authorized to initiate debit entries to the deposit account indicated below at the depository financial institution named below for payment on the remittance of vehicle service contracts and to verify the dealer s bank information i
21. party shall be responsible for its own attorney expert and other fee unless awarded by the arbitrator under applicable law If the chosen arbitration organizations rule conflict with this Arbitration Agreement then the provisions of this Arbitration Agreement shall control The arbitrator s award shall be final and binding on all parties except that in the event the arbitrator s award for a party is 0 00 or against a party is in excess of 100 000 00 or includes an award of injunctive relief against a party that party may request a new arbitration under the rules of the arbitration organization by a three arbitrator panel The appealing party requesting new arbitration shall be responsible for the filing fee and other arbitration costs subject to a final determination by the arbitrators of a fair apportionment of costs Any arbitration under this Arbitration Agreement shall be governed by the Federal Arbitration Act 9 U S C 8 1 et Seq And not by any state law concerning arbitration You and we retain any rights to self help remedies such as repossession You and we retain the right to seek remedies in small claims court for disputes or claims within that court s jurisdiction unless such action is transferred removed or appealed to a different court Neither you nor we waive the right to arbitrate by using self help remedies or filing suit Any court having jurisdiction may enter judgment on the arbitrator s award This Arbitration Agreement shall
22. survive any termination payoff or transfer of your financing contract If any part of this Arbitration Agreement shall be unenforceable for any reason the remainder shall remain enforceable If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made the remainder of this Arbitration Agreement shall be unenforceable Notwithstanding any other provision of this Arbitration Agreement the validity and scope of the waiver of class action rights shall be decided by the court and not by the arbitrator CO BUYER DEALER N American Motor Credit GPS Install amp Vehicle Access Agreement have been told and understand that my vehicle is equipped with a Global Positioning Satellite GPS location technology capable of allowing the lienholder American Motor Credit LLC to locate the vehicle at any time regardless of where the vehicle is located further understand that it is the right to repossess the vehicle should not pay the contractually required payment or the mandatory insurance coverage is cancelled have also been informed and understand that my tampering with altering the unit s capability or removing the GPS unit could result in repossession of the vehicle and fees up to 2000 Disputes shall at Lien Holder s or my request be resolved by binding arbitration and not in court may select either of the following organizations and its app
23. Agreement shall remain in full force and effect Unless defined specifically in Sections 2 through 4 of this E Contract Amendment all defined terms used in Sections 2 through 4 of this E Contract Amendment have the same meaning as defined in the Agreement 2 Actions of Originator Originator agrees to retain and maintain an original of each executed Contract sold by Originator and which is originated electronically on the Platform for a period equal to the term of the applicable Contract plus the greater of a two 2 years thereafter and b such longer period as may be required by applicable law Originator further agrees to deliver an original of each such executed Contract to Administrator within two 2 business days after a written or oral request for the delivery of such Contract by Administrator which request may be made at any time during the period in which Administrator is obligated to retain and maintain such Contract as provided above in this Section 3 Indemnification Originator agrees to indemnify and hold harmless Administrator and its affiliates officers members directors employees shareholders information providers and suppliers collectively Indemnified Parties from and against any and all claims demands liabilities judgments obligations losses damages penalties fines amounts in interest costs expenses and disbursements of any kind and nature whatsoever including without limitation any and all attorneys
24. Confidential Information in violation of this Agreement may cause Administrator irreparable harm the amount of which may be difficult to ascertain and therefore agrees that Administrator shall have the right to apply to a court of competent jurisdiction for specific performance and or an order restraining and enjoining any such further disclosure or breach Dealer expressly waives the defense that a remedy in damages will be adequate and any requirement in such an action for the posting of a bond by Administrator Agrees to certify that all eligible vehicles sold with a Contract have been inspected and reconditioned BEFORE delivery Failures occurring in the first thirty 30 days of coverage may at the Administrator s discretion require a copy of your reconditioning repair for claims consideration Denied claims shall be the sole responsibility of the Dealer Reconditioning includes but not limited to the following 1 Engine Oil Inspect and change oil and filter if needed 2 Automatic Transmission Check shift pattern and inspect the fluid Change fluid and service if needed 3 Correct any malfunction before delivery Dealer agrees to perform and or ensure its representatives perform the following procedures for each Contract sold electronically in connection with its remittal of such Contracts to Administrator i print a paper copy of the electronic Contract sold and obtain the Purchaser s ink signature on the printed Contract ii provid
25. ID use omy AGENT ID acency use ONLY PRICING CODE PLEASE ENTER TL CODE BELOW 1141 USED NEW Month Day Year TL 589 TL 599 DEALER INFORMATION DEALER NAME DBA LOCATION ADDRESS CITY STATE ZIP CODE MAILING ADDRESS CITY STATE ZIP CODE WEBSITE ADDRESS E MAIL ADDRESS Primary Contact E MAIL ADDRESS Secondary Contact TELEPHONE NUMBER FACSIMILE NUMBER PERSONNEL INFORMATION DEALER PRINCIPAL FINANCE MANAGER GENERAL MANAGER OFFICE MANAGER SERVICE MANAGER PRIMARY CONTACT QUESTIONNAIRE ANG VEHICLES PROJECTED VSC PLEASE CHECK NEw FRANCHISE 0 USED INDEPENDENT SOLD PER MONTH SALES MONTH DEALERSHIP TYPE AVG VEHICLE AVG VEHICLES SERVICE DEPT INFO RETAIL RATE LABOR BOOK INVENTORY MILEAGE IF APPLICABLE PER HOUR SERVICE MANUAL WEBSITE ACCESS INFORMATION PRIMARY USER NAME REQUESTED USERNAME PASSWORD EMAIL ADDRESS PRIMARY USER NAME REQUESTED USERNAME PASSWORD EMAIL ADDRESS FOR AGENCY USE ONLY AGENCY NAME COMMENTS American Motor Credit Dealer PLEASE MAIL THIS FORM TO AUL CORP 1250 MAIN STREET SUITE 300 NAPA CA 94559 2012 Associates Underwriting Limited L L C AUL DDR 11 2012 DEALER AGREEMENT This Dealer Agreement hereafter Agreement entered into this by and between A U L Corp Wisconsin A U L Inc and AUL
26. NKING INFORMATION FLOOR PLAN INFORMATION Bank Floor Plan Source Address Address Telephone Contact Name Contact Telephone Checking A C Credit Line The signature below represents the authorization and consent of the dealer to allow AMERICAN MOTOR CREDIT LLC AMC to investigate the credit background and financial strength of the dealership 1 declare that the information provided above is true understand that if any of the above information proves to be inaccurate AMC may at its option terminate its Dealer Agreement Signature Printed Name Title Date Rev 6 23 14 Page 11 of 11 Initials American Motor Credit Dealer s Documents Required Prior Funding The following documents must be submitted along with an executed Dealer Agreement in order for American Motor Credit LLC to fund on any Contract Copy of Dealer s Current Business License Copy of Dealer s Bond Copy of Used New Car Dealer License Authorization Agreement for ACH Credit Payments and Voided Check Completed Dealer Agreement Limited Power of Attorney Copy of Driver s License American Motor Credit LIMITED POWER OF ATTORNEY American Motor Credit LLC AMC hereby appoints Dealer whose address is to be its attorney in fact with full power of substitution in its name place and stead to execute applications for Certificates of Title to motor vehicles which are the subject of Retail Install
27. agreement or financing contract shall at your or our election be resolved by neutral binding arbitration and not by a court action If federal law provides that a claim or dispute is not subject to binding arbitration this Arbitration Agreement shall not apply to such claim or dispute Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action You expressly waive any right you may have to arbitrate a class action Arbitration shall be conducted by the American Arbitration Association 1633 Broadway 10 Floor New York New York 10019 www adr org or any other organization that you choose subject to our approval You may get a copy of the rules of these organizations by contacting the arbitration organization or visiting its website Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules The arbitrator shall apply governing substantive law in making an award The arbitration hearing shall be conducted in the federal district in which you reside unless the seller of the vehicle is a party to the claim or dispute in which case the hearing will be held in the deferral district where this Arbitration Agreement was executed We will advance your filing administration service or case management fee and your arbitrator or hearing fee all up to a maximum of 2 500 00 which may be reimbursed by decision of the arbitrator at the arbitrators discretion Each
28. and expert witness fees and court costs and amounts paid in settlement actually and reasonably incurred that Administrator may incur or may be subject under any theory of legal liability arising out of or related to Originator s failure to a retain and maintain the original of each executed Contract sold by Originator and which is originated electronically on the Platform for a period equal to the term of the applicable Contract plus the greater of i two 2 years thereafter and ii such longer period as may be required by applicable law and or b deliver an original of each such executed Contract to Administrator within two 2 business days after a written or oral request for the delivery of such Contract by Administrator in each instance regardless of whether there is a reason for such failure For the avoidance of doubt Originator s obligations under this Section 3 and Section 2 of this E Contract Amendment shall survive the expiration or earlier termination of this Agreement 4 Platform Terms of Use Originator agrees that at all times its access to and use of the Platform shall be on and subject to the terms and conditions of the Platform Terms of Use posted on the Platform at FGA E Contract Amendment v0301 14 Page 1 of 3 www WiseFandI com PlatformTermsOfUse aspx as such Platform Terms of Use may be changed from time to time by Wise F amp I Terms of Use Originator acknowledges that it has received and read a copy of the
29. d any other remedies that are available to AMC at law in equity or under this Agreement if Dealer breaches any of its covenants obligations undertakings warranties or representations contained in this Agreement AMC may require i Dealer to repurchase the Contracts to which the breach relates if the breach relates to a single Contract or group of Contracts for the amount that AMC purchased the Contract s from Dealer plus all accrued but unpaid interest to the time of repurchase plus AMC s costs of arranging the repurchase including with limitation AMC attorney s fees actually incurred Dealer Repurchase Price or ii Dealer to repurchase all or any Contract as AMC may specify at the Dealer Repurchase Price if the breach relates to the Dealer and not to any specific Contract In addition AMC may set off against monies owed by AMC to Dealer any amount which is owed by Dealer to AMC under this Agreement In the event any Buyer defaults under any Contract whether or not a first payment default and in the event Dealer s breach of this Agreement in AMC s judgment relates to such default AMC may in its discretion i accept a voluntary surrender of such Buyer s Motor Vehicle 1 repossess such Buyer s Motor Vehicle iii sell the repossessed Motor Vehicle by public or private proceeding iv modify or extend the term of such Buyer s Contract v exercise the right of set off against Dealer described above or vi commence any act
30. damage caused directly or indirectly by mechanical failure or malfunction or any other cause of a vehicle or any part thereof In association with the right to promote and market the Contracts and subject to any and all quality controls or trademark usage guidelines which Administrator currently imposes or may in the future impose Administrator grants Dealer a non exclusive and non transferable license to use the AUL Names Marks and Artwork AUL Names Marks and Artwork means AUL s tradenames trademarks service marks slogans designs websites and logos including AUL AUL ADMINISTRATORS AUL LIFETI ME WARRANTY ANY YEAR AND ANY MILEAGE ANY YEAR ANY MILEAGE ANY MAKE AND ANY MODEL ANY MAKE ANY MODEL THE ORIGINAL ANY YEAR AND ANY MILEAGE 1 SERVICE CONTRACT IN AMERICA WE WROTE THE BOOK ON USED VEHICLE SERVICE CONTRACT PROGRAMS IT S WHAT WE DO SERVICE CONTRACTS IT S WHAT WE DO FACTORY SIDEKICK POWERTRAIN SELECT PEARL 1 MILLION CONTRACTS AUL ADMINISTRATORS SERVICE CONTRACTS IT S WHAT WE DO and design and any other intellectual property which AUL may from time to time license the Dealer to use in marketing the Contracts subject to the following restrictions 1 The AUL Names Marks and Artwork may be used only in connection with the promotion and marketing of the Contracts pursuant to the terms of this Agreement and 2 The right to use the AUL Names Marks and Artwork will immediately cease upon termination of this Agreement
31. 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 increases 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 the fact may become a part of YOUR credit record Vehicle Identification Number VIN Amount Financed Printed Name of CoSigner Signature of Cosigner Date N American Motor Credit RELEASE OF RECORDS To Whom It May Concern hereby authorize To release records Described below about me to AMERICAN MOTOR CREDIT LLC 585 Molly Lane Woodstock GA 30189 Phone 678 213 5626 Fax 678 213 5627 The records covered by this release are limited to Information regarding verification of employment Information regarding verification of residency Information regarding proof of auto insurance The information released shall and can only be used by American Motor Credit LLC and cannot and will not be shared with any third party organization This consent expires upon completion of the finance contract or early te
32. e to the Purchaser a paper copy of the signed Contract and all disclosures that must be made in connection with the sale of the Contract at the time of sale iii obtain and document the Purchaser s informed consent to the terms of the Contract and related documents iv retain for the purpose of review and audit by Administrator the original ink signed Contract documentation of Dealer having obtained the Purchaser s informed consent to the terms of the Contract and all related records created under this Agreement for one 1 year following the expiration of such Contract and v permit Administrator or its authorized representative to enter Dealer s place of business to inspect and examine these records during normal business hours and upon reasonable notice THE ADMINISTRATOR A B Agrees to install maintain and administer the Program Agrees to supply to the Dealer Contract applications Guidelines Dealer Net Price Schedules forms transmittals rate charts advertising materials and other such forms as the Administrator may hereafter supply for use in the Program in the quantities needed from time to time by the Dealer Agrees to assist the Purchaser in receiving benefits provided under a Contract in accordance with Administrator s current service department guidelines Dealer acknowledges that Administrator assumes no obligation for the workmanship quality of repairs or replacement of parts nor for any bodily injury or property
33. ealer White last page Buyer Customer Electronic Contracting Amendment to Guaranteed Asset Protection Dealer Agreement This Electronic Contracting Amendment E Contract Amendment is made on this day of 20___ Amendment Effective Date by and between Financial Gap Administrator LLC Administrator and Originator WHEREAS Administrator and Originator entered into that certain Guaranteed Asset Protection Dealer Agreement dated Agreement WHEREAS Wise F amp I LLC Wise F amp T an affiliate of Administrator operates a web based service herein referred to as the Platform which is designed to allow certain of Administrator s authorized business clients to a originate Contracts electronically thereby eliminating the use of pre printed forms and b conduct certain other administrative functions including but not limited to Contract remittance reporting billing statements and Contract cancellation quotes WHEREAS Originator would like to have access and use of Platform and WHEREAS Administrator and Originator desire to amend the Agreement to add certain provisions relating to such access to and use of the Platform In consideration of the promises and the mutual covenants herein contained the parties hereto agree as follows 1 Amendment and Definitions The Agreement is hereby amended to include Sections 2 through 4 of this E Contract Amendment set forth below All other provisions of the
34. enses or other liabilities arising out of Originator s use of or access to the Platform Wise F amp I shall be considered a third party beneficiary of this Section for all purposes 5 Counterparts This E Contract Amendment may be executed in one or more counterparts and each of such counterparts shall for all purposes be deemed to be an original but all such counterparts shall constitute one and the same instrument Further electronically scanned or facsimile signatures on this Agreement and any amendment hereto will have the same effect as original manual signatures IN WITNESS WHEREOF the parties hereto have caused E Contract Amendment to be executed by their respective duly authorized representatives on the Amendment Effective Date Originator Originator Financial GAP Administrator LLC By By Name Name Title Title FGA E Contract Amendment v030114 Page 2 of 3 Exhibit A to E Contract Amendment Authorized users to whom Platform Credentials should be issued Management Personnel These users will have admin like hi level access to the Platform including all those rights below plus rate mark up price limit and template edit rights First Name Last Name Phone Ext Email Address 1 2 3 Back office or Administrative Personnel These users will be able to view void and or remit contracts in addition to retrieving billing statements and obtaining cancellation quotes
35. following the receipt of such writing Each Party hereto acknowledges that no Party nor any agent or attorney or any other party has made any promises representations or warranties whatsoever express or implied not contained herein concerning the subject matter hereof to induce it to execute this Agreement and acknowledges that it has not executed this Agreement in reliance upon any such promises representations or warranties not contained herein Within the context of this document the masculine gender shall be deemed to refer to and include the feminine and the neuter and the singular to refer to and include the plural This Agreement is not intended to create any dealership franchise agency joint venture or partnership 13 2 Incorporation of Exhibits All Exhibits and Amendments attached hereto shall be incorporated herein and shall be understood to be a part hereof as though included in the body of this Agreement This Agreement including all Exhibits Schedules and Addenda may be modified only by a written agreement signed by each of the parties hereto Rev 6 23 14 Page 7 of 11 Initials 14 CAPTIONS 14 1 The captions in the various parts of this Agreement are for convenience only and shall not be deemed to modify explain enlarge or restrict any of the provisions hereof in any manner IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT DEALER 2 AMERICAN MOTOR CREDIT LLC S
36. ge Dealer By Printed Name Title Date American Motor Credit AKE TRATION AGREEMENT CUSTOMER NAME PLEASE REVIEW IMPORTANT AFFECTS YOUR LEGAL RIGHTS EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL IF A DISPUTE IS ARBITRATED YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO A CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS 3 DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT AND OTHER RIGHTS THAT YOU AND WE COULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION In this Arbitration Agreement you refers to the buyer s signing below We us and our refer to the Dealer signing below and anyone to whom the dealer assigns the Arbitration Agreement Any claim or dispute whether in contract tort statute or otherwise including the interpretation and scope of this Arbitration Agreement and the arbitrability of the claim or dispute between you and us or our employees agents successors or assigns which arises out of or relates to your credit application purchase lease or condition of this vehicle your purchase lease agreement or financing contract or any resulting transaction or relationship including any such relationship with third parties who do not sign your purchase lease
37. hicle that is the subject of the Contract Motor Vehicle available to AMC for inspection and valuation After such inspection AMC shall in its sole discretion determine whether the inspected vehicle fits within AMC s underwriting guidelines and establish the value of the vehicle for purposes of financing the Dealer s sale of the vehicle 1 2 For each Contract Dealer shall require any prospective Buyer of the Motor Vehicle to complete an application on a form approved by AMC Dealer shall transmit such Application to AMC together with a credit bureau report and statement of the terms of the proposed Contract as well as such other information and materials as AMC may require at its sole discretion Each submittal shall be Dealer s offer to sell the proposed Contract to AMC 1 3 Dealer shall deliver each original application to AMC at its office in Woodstock Georgia In the event AMC agrees to purchase a submitted application it shall notify Dealer by written confirmation Confirmation setting forth the material terms of the Contract as approved for purchase by AMC AMC shall have the sole and exclusive right to approve or disapprove the purchase of any proposed Contract and shall have complete discretion with respect hereto Dealer Rev 6 23 14 Page 1 of 11 Initials 2 acknowledges that AMC shall incur no obligation to Dealer until AMC has issued a Confirmation 1 4 AMC shall purchase each Contract for which it issues
38. ignature Signature Name Name Title Title Date Date Rev 6 23 14 Page 8 of 11 Initials AMERICAN MOTOR CREDIT LLC AUTHORIZED SIGNATURE FORM DEALERSHIP NAME In order for Contracts to be funded an authorized signature must appear in the assignment block of the Contract security agreement The following persons are authorized on behalf of the dealership to assign the Contract security agreement to American Motor Credit LLC Name Signature Printed or Typed Acknowledged and agreed upon by must be executed by a Corporate Officer Signature Printed Name Title Date Rev 6 23 14 Page 9 of 11 Initials Dealer Information Sheet Corporate Name D B A Phone Number Fax Address City State Zip DealerTrack Number CORPORATION OFFICERS STOCKHOLDERS TITLE OWNERSHIP 1 2 3 KEY PERSONAL General Manager Business Manager Sales Manager Office Manager Title Clerk Finance Director FINANCE DEPARTMENT Primary Finance Mgr Special Fin Mgr Finance Phone No Finance Fax No Email address HISTORY Year Dealership Established Years Under Present Ownership Date of Incorporation or Partnership or Proprietorship List All New Car Franchises Rev 6 23 14 Page 10 of 11 Initials Dealer Information Sheet continued BA
39. inistrator Parts pricing shall not exceed the manufacturer s suggested list price Sublet repairs shall be reimbursed at actual Dealer cost E That breakdowns occurring within the first fifteen 15 days of a Contract s effective date will at the Administrator s discretion qualify for claims consideration by the Administrator Denied claims shall be the sole responsibility of the Dealer F To unconditionally guarantee all services and materials as supplied by Dealer against faulty workmanship and or defective materials under normal use for a minimum of ninety 90 days or four thousand 4 000 miles whichever shall occur first from the date repairs are completed and the vehicle returned to Purchaser HOLD HARMLESS Dealer agrees to indemnify and hold Administrator harmless against any and all actions demands claims or any liabilities including without limitation attorney s fees and costs arising from claims founded and unfounded which may be asserted by third parties against Administrator arising from this Agreement This indemnification and hold harmless includes but is not limited to all actions arising from Dealer s or its representative s misrepresentation or nondisclosure of the Program s terms and conditions misleading deceiving or unethical Dealer s selling practices failure to obtain and retain adequate documentation of a Purchaser s informed consent to the terms of a Contract and related documents forced placement of polic
40. ion suit or other proceeding against such Buyer Notwithstanding any of the foregoing actions if covered by the Indemnity Dealer shall pay to AMC any deficiency balance and none of such actions shall constitute an election of remedies a between AMC and Dealer 7 WAIVERS 7 1 Dealer waives any and all notice of nonpayment demand presentation protest repossession or other action taken in connection with a Buyer and a Contract 8 SUCCESSORS AND ASSIGNS 8 1 The provisions of this Agreement shall be deemed to obligate extend and insure to the benefit of the legal successors assigns transferees grantees and heirs of each of the parties hereto This Agreement may not be assigned by the Dealer without the express written permission of AMC 9 INDEPENDENT COUNSEL 9 1 The parties have been represented by independent counsel of their own choice throughout all negotiations which preceded the execution of this Agreement and have executed this Agreement with the Consent and upon the advice of said independent counsel 10 SECURITY INTEREST AND POWER OF ATTORNEY 10 1 Dealer hereby grants a security interest to and appoints as its attorney in fact with irrevocable Power of Attorney AMC to execute and Rev 6 23 14 Page 6 of 11 Initials file on Dealer s behalf any and all statements or other documents required to be filed under the Uniform Commercial Code or any other law or regulation in connection with the perfect
41. ion of the security interest or title to AMC in or to any Contract and the motor vehicle or to do any acts which are necessary in connections with this Agreement 11 TERMINATION 11 1 This Agreement may be terminated by either Party hereto upon ten 10 days prior written notice to the other Party Such termination shall not affect the obligations and liabilities of AMC or Dealer under this Agreement with respect to any and all Contracts purchased under this Agreement by AMC prior to such termination To that extent this Agreement shall survive such termination 12 APPLICABLE LAW 12 1 This Agreement and all rights and obligations hereunder including matters of construction validity and performance shall be governed by the laws of the State of Georgia except for any choice of law provisions of Georgia law that would result in the application of the substantive laws of another jurisdiction The Dealer submits itself to the jurisdiction and venue of the Superior Court of Cherokee County Georgia for all purposes with respect to any dispute relating to this Agreement and Dealer s relationship with AMC under this Agreement 13 WHOLE AGREEMENT Ss lr This Agreement contains the entire Agreement of the Parties written or oral and shall not be amended except in writing signed by both parties thereto or a separate writing signed by the Party to be bound upon issuance pursuant to the Dealer s request of the first confirmation by AMC
42. licable rules to conduct the arbitration The American Arbitration Association 335 Madison Ave Floor 10 New York NY 10017 4605 www adr org or the National Arbitration forum Box 50191 Minneapolis MN 55405 0191 www arb forum com Lien Holder and shall retain the right to sue in small claims court for a dispute within that court s jurisdiction unless such action is transferred removed or appealed to a different court This agreement shall survive any termination payoff or transfer of my retail installment contract This agreement and notice does not supersede the installment loan contract and all terms conditions and remedies associated thereto agree to make myself and the vehicle available for the installation of a GPS unit on the date s and assigned time s outlined below fully understand that should miss my appointment s without rescheduling 24 hours prior for any reason can be charged a 50 00 missing appointment fee and possible repossession actions also understand that if at any time the unit is malfunctioning that will be contacted and will be required to bring the vehicle in to have the unit repaired replaced and the same requirements apply if do not meet a scheduled repair replacement appointment FIRST Preferred Time Slot Date Time a m p m SECOND Preferred Time Slot Date Time a m p m BUYER DATE CO BUYER DATE N American Motor Credit NOTICE TO COSIGNER You are being asked to guarantee this
43. ly those vehicles that qualify per the Guidelines and are in sound mechanical condition at time of sale Dealer further agrees that any preexisting condition s as determined by the Administrator are the sole responsibility of the Dealer and are not covered under the Program Dealer agrees when necessary to change engine oil and oil filter and replenish all fluid levels prior to delivering a covered vehicle to a Purchaser Any misrepresentation or concealment of a material fact by the Dealer for the purpose of securing a Contract shall constitute a material breach of this Agreement E Agrees to refund to any lender which has financed the purchase price of any Contract hereafter referred to as Lender the Dealer s retained portion of the charge financed by the Lender on a prorated basis in the event of a cancellation of a Contract at the Lender s request due to a total loss or repossession of the vehicle covered under the Contract or default by the Purchaser in repayment obligations to the Lender In the event the Contract was not financed the Dealer agrees to return to the Purchaser the Dealer s retained portion of the total charge for the Contract in the amount calculated by the Administrator pursuant to the terms of the Contract F Agrees to contact the Administrator for prior approval before servicing any mechanical failure covered under any Contract G Agrees to retain all records relating to the Contracts on the subject matter of this Ag
44. ment Contracts to be assigned by Dealer to AMC and to apply to the Department of Motor Vehicles in the State of for such Certificates of Title and registrations The Power of Attorney set forth in this instrument shall be limited to exclusively to the matters sets forth in the immediately preceding sentence This Power may be exercised by any of the following persons Print Name Signature The authority of Dealer to exercise any powers granted by this instrument shall remain in full force and effect until revoked or terminated by AMC upon written notice to Dealer Dealer may so revoke or terminate such authority at any time Witness the due execution hereof this day of 20 AMERICAN MOTOR CREDIT LLC By Name Title Rev 6 19 14 e e e Mail Completed Form to American Motor Credit LLC E American Motor Credit 585 Molly Lane Woodstock GA 30189 Attn Dealer Accounting AUTHORIZATION AGREEMENT FOR ACH CREDIT PAYMENTS We hereby authorize AMERICAN MOTOR CREDIT LLC AMC to initiate credit entries for RETAIL INSTALLMENT SALES CONTRACT purchases to our account indicated below and the financial institution named below FINANCIAL INSTITUTION to credit the same to such account We acknowledge the origination of ACH transactions to our account must comply with the provisions of U S Law Date of Authorization Financial Institution Branch Address Routing Number Account Number Name on Acco
45. n Motor Credit Fill in the following information to prefill all paperwork within PDF Deal Date Dealership Name as it appears on Bill of Sale Buyer Name first middle last Co Buyer Name first middle last Customer Address Vehicle Year Make Model VIN Amount Financed Lienholder Information for Contract amp Insurance American Motor Credit LLC P O Box 1517 Woodstock GA 30188 Please Note the following gt Normal Stips Apply No past due bills can be used for Stips gt Wedo NOT except TMU EXEMPT mileage Lemon or Salvaged rebuilt vehicles gt Dealer Agreements must be completed before funding gt Please send Landlord name and number for faster verifications Please send the contract and required documents to ATTN AUDITING 585 Molly Lane Woodstock GA 30189 American Motor Credit Agreement to Provide Comprehensive and Collision Insurance To provide protection against serious financial loss should an accident or damage occur understand that the installment contract requires that the vehicle be continuously covered with insurance against the risks of fire theft vandalism and collision and that the failure to provide such insurance gives the Lender the right to declare the entire unpaid balance immediately due and payable Accordingly have arranged for the required insurance company shown below and have requested that the policy contain a loss payable endorsement in favor of Lender Informati
46. ncluding the account balance with the financial institution Name of Financial Institution Branch Address City State Zip E P soe TTT TTT This authorization shall remain in full force and effective until we mail written revocation of this authorization to AUL Corporation Attn Operations 1250 Main Street Suite 300 Napa CA 94559 and such revocation has been received and processed by AUL Dealer acknowledges that AUL shall have no liability for any unintentional unauthorized electronic funds transfers Dealer s Name Phone Number Address City State Zip Signature of Authorized Signer s By By Title Title Print Name Print Name Date Date You must attach a VOI DED CHECK along with this form for verification purposes NAME 0123 ADDRESS CITY ST ZA 01 2345 6786 BANK NAME ADDRESS CITY STATE ZIP 02305678 OF23456 7890823 0123 Bank Routing Bank Account Check Number Number Number For contracts remitted by mail Each payment must be authorized by an authorized signatory of the company on the ACH contract remittance form that accompanies any vehicle service contracts remitted by mail Please contact the distribution department for the ACH vehicle service contract remittance form at 800 826 3207 Ext 388 2012 Associates Underwriting Limited L L C AUL DA 09 2012 E American Motor Credit Right of Repossession
47. nd employee for any purpose whatsoever between Dealer and Administrator COMMI SSI ONS In consideration of the services rendered by Dealer Administrator agrees to pay Dealer a commission equal to the retail price of the Contract less the Contract Cost as set forth in the Dealer Net Price Schedule Dealer may retain its commissions from each sale before remitting the Contract Cost to Administrator Commissions shall be payable only one time per Contract HI THE DEALER A Agrees to offer Contracts to its retail customers only hereinafter referred to as Purchasers on all eligible vehicles during the term of this Agreement B Agrees to follow the underwriting and claims guidelines hereafter referred as the Guidelines issued by the Administrator from time to time on forms supplied by the Administrator Such Guidelines will determine which vehicles are eligible for use in the Program Any violation of the Guidelines by the Dealer will result in the denial of coverage for the ineligible vehicle Denied coverage shall be the sole responsibility of the Dealer C Agrees to transmit monthly to the Administrator on forms supplied by the Administrator transmittal forms completed applications and appropriate monies which are due the Administrator Failure to submit the above to the Administrator within thirty 30 days of the Contract application s inception date may result in denial of coverage D Agrees that eligible vehicles include on
48. ns to open or gain entry into said vehicle without causing any undue damage in the process of taking it back understand that should it become necessary for you to take back said vehicle and redeem same by making full payment to you this payment will include any of your costs for taking back the vehicle agree that will not keep any personal property of any great value in said vehicle during the term of this loan but in the event do assume any and all responsibility for any personal property left in the vehicle by me or by other persons should that property be lost or missing for any reason from said vehicle after it has been taken back by you and stored in a reasonably safe place agree that you are not required to give me notice before you take back said vehicle and that my failure to make any payment on time according to my loan contract will be my notice that you have the right to take back the vehicle understand that ha ve the right to have this agreement examined by my attorney if desire before sign it Given under our my hand and seal on Date Dealership Representative Customer Dealership Co Buyer American Motor Credit RECOURSE ADDENDUM TO DEALER AGREEMENT The recourse period on the contract outlined below will be months Buyer Vehicle VIN After Payment of Is paid on then the loan will be out of recourse Acknowledged and agreed upon by must be executed by an officer on signature pa
49. on American Motor Credit LLC P O Box 1517 Woodstock GA 30188 NAMED INSURED BUYERS FIRST MIDDLE LAST NAMED ADDRESS NUMBER STREET CITY STATE ZIP VEHICLE INSURED Year Make Model Serial Number INSURANCE INSURANCE AGENT COMPANY STREET POLICY ADDRESS NUMBER CITY STATE EFFECTIVE ZIP DATE FROM TO TELEPHONE COVERAGE FIRE THEFT COMPREHENSIVE COLLISION DEDUCTIBLES In the event of vehicle has been repossessed whether voluntary or not by American Motor Credit LLC and there is a current claim or damages you agree to allow American Motor Credit LLC and or its affiliates to file a claim or take over any open claims in regards to damage of this vehicle with your Insurance company without further notification to or from you You are agreeing to wave your rights under O C G A 8 33 7 12 1 CERTIFY THAT I WE HAVE READ THIS AGREEMENT AND AGREE TO BUYER SIGNATURE Date COBUYER SIGNATURE Date DEALER CONFIRMATION AGENCY INSURANCE COMPANY NAME OF PERSON CONTACTED LENDOR LOSS PAYEE YES NO CONFIRMED BY DATE CERTIFY THAT HAVE VERIFIED THE EXISTENCE OF THE ABOVE COERAGES Dealership Dealer Representative Signature Date DEALER AGREEMENT This form must be completed to process the A U L Corp Dealer Agreement U L Toll Free 800 826 3207 Fax 707 259 1867 DATE SIGNED DEALERSHIP
50. personal items left in the repossessed vehicle Certain items cannot be detached from the vehicle these certain items can include but are not limited to speakers amplifiers aftermarket wheels and vehicle batteries See Georgia Code Section 44 14 411 1 The undersigned jointly and severally waive the right of privacy of any nature in connection with this instrument regardless of whether or not the debt evidenced thereby may be contested and agree that the lender may at its option communicate with any persons whatsoever with relation to the obligation involved or its delinquency or in an effort to obtain cooperation or help relative to the collection or payment thereof GEORGIA STATE LAW 16 9 A PERSON WHO DESTROYS REMOVES CONCEALS ENCUMBERS TRANSFERS OR OTHERWISE DEALS WITH PROPERTY SUBJECT TO A SECURITY INTEREST WITH INTENT TO HINDER ENFORCEMENT OF THAT INTEREST SHALL BE GUILTY OF A MISDOMEANOR hereby agree that in the event that fail to make any payment or any part of any payment on my loan from you then you are authorized by me and have the right to take said vehicle back from me without the necessity of court order or any judicial process further agree that if it becomes necessary for you to take said vehicle back you are permitted to do so at any time of the day or night and may enter and remove said vehicle from my property or any other property where may leave said vehicle also give you permission to use any reasonable mea
51. reement until one 1 year following the expiration of such Contracts for the purpose of review and audit by Administrator Dealer further agrees to permit Administrator or its authorized representatives to enter Dealer s place of business to inspect and examine these records during normal business hours and upon reasonable notice H Acknowledges and agrees that during the performance of its duties under this Agreement Administrator may disclose to Dealer certain confidential and proprietary information concerning the Program including without limitation administrative agent and insurance fees reserve amounts and other information which would impart a competitive advantage to others in this industry who do not know it hereafter referred to as Confidential Information Dealer agrees to hold all such Confidential Information in confidence and to refrain from disclosing it to any third parties 2012 Associates Underwriting Limited L L C AUL DA 09 2012 without the prior consent of Administrator Dealer also agrees to refrain from using the Confidential Information for any purpose outside of the performance of its duties under this Agreement Dealer s obligation to protect the Confidential Information and to refrain from using it for any purpose outside of the performance of its duties under this Agreement shall survive the termination of this Agreement Dealer acknowledges and agrees that any disclosure or misappropriation of any of the
52. rmination by either party Dated Buyer Co buyer
53. rs within thirty 30 days and is reported to either Dealer or AMC shall be repaired by Dealer without cost to the Buyer or AMC 4 6 Each Contract contains the entire Agreement between and Dealer and the Buyer and neither Dealer nor any of Dealer s agents or employees has made any written or oral promise warranty or representation not set forth in the Contract 4 7 Dealer s right and title to the Motor Vehicle and its interest therein and in the Contract is free and clear of any liens encumbrances security interest and other claims of any kind by any third party exclusive of the rights of the Buyer as provided therein Dealer has the right to sell and assign the Contract and there are no defenses counterclaims offsets of the Buyer or other facts or circumstances that would impair the validity value or enforceability of Contract against the Buyer according to its terms 4 8 Buyer has obtained insurance coverage as required by the Contract and AMC has been named therein as loss payee prior to delivery of the Motor Vehicle lt shall be the Dealer s responsibility to verify that such insurance is in effect to submit with the Contract evidence of such insurance and to submit with the Contract an agreement to provide insurance executed by the Buyer 4 9 Dealer has complied with all applicable federal state and local laws and regulations in the creation and documentation of the Contract and the sale and delivery of the Motor Vehicle
54. ted liability company duly organized validly existing and in good standing under the laws of the state where it was organized and is duly qualified and licensed where necessary to conduct its business and is in good standing under the laws of each jurisdiction where the conduct of its business requires such qualification and has obtained the necessary shareholder s ratification of the making of the Agreement The execution delivery and performance of this Agreement will not violate any provisions of any existing law regulation any order or decree of any court or government instrumentality any certificate agreements or other documents pursuant to which Dealer is a party or by which it or any of its property is or may be bound and will not result in the creation or imposition of any lien charge or encumbrance on or any security interest in any of its properties except as provided in such Contract or this Agreement The Contract is valid and binding enforceable in accordance with its terms and is the sole Contract for the Motor Vehicle the Contract is the original duly executed by the Buyer the Buyer is not a minor and has legal capacity to contract The Motor Vehicle has been delivered to and accepted by the Buyer in good and operable condition free of physical and or mechanical defects provided further that any mechanical defect which Rev 6 23 14 Page 3 of 11 Initials effects the operation or safety of the vehicle that appea
55. the first payment Any extension to the recourse period will be specified in an Addendum to this Agreement This Addendum will specify the recourse period and identify the specific Contract the Addendum refers to 4 18 The Contract does not include or require Buyer to obtain Life or Accident and Health Insurance LA amp H 5 INDEMNIFICATION 5 1 Dealer hereby indemnifies and holds AMC its officers agents employees and assigns harmless from and against any and all loss cost claim expense liability action or damage including without limitation attorney s fees AMC actually incurs other legal costs interest and punitive damages arising out of or resulting from i Dealer s breach of any of its covenants obligations undertakings warranties representations contained in this Agreement or ii Buyer s assertion of any defense counterclaim or offset against the enforcement of the Contract by AMC the Indemnity If any Buyer commences any suit or other proceeding against AMC arising out of a Contract which is purchased under this Agreement or arising out of any Motor Vehicle AMC may at AMC s option defend such action suit or other proceeding or tender its defense to Dealer If AMC elects to defend such action Dealer shall pay for AMC costs of defense including attorney s fees actually incurred Rev 6 23 14 Page 5 of 11 Initials 6 OTHER REMEDIES NO ELECTION 6 1 6 2 In addition to the Indemnity an
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57. unt mes Checking Account Enter your bank s 9 PN ODE gt IPRINGFIELD MO 65801 Date digit routing number above On the sample to the right the routing number is 286582740 Enter your checking account number above It can be up to 17 digits including hyphens Exclude spaces and special characters Routing Number Account Number This authority is to remain in full force and effect until AMC has received written notification from me of its termination in such time and manner as to afford AMC and FINANCIAL INSTITUTION a reasonable opportunity to act on it Dealership Trade Name Dealership Corporate Name Dealership Address Dealership Tax ID Dealership Fax for ACH Notification Signature of Authorized Bank Account Signer Printed Name of Authorized Signer NOTE This form MUST be accompanied by a voided check or a signed account verification letter confirming the above account information NOTE Credit authorizations must provide that the receiver may revoke the authorization only by notifying the originator in the manner specified in the authorization GAP Pricing GapWise Program N American Motor Credit Customer Dealer s Loan Term GAP Cost Price Commission 0 60 months 129 00 399 00 100 00 61 72 months 164 00 449 00 115 00 73 84 months 199 00 499 00 150 00 Note Original top page Administrator Yellow American Motor Credit Pink Seller D
58. y non remittal by Dealer any illegal acts engaged by the Dealer Dealer s failure to meet its obligations under this Agreement or any legitimate claim denial by the Administrator ASSIGNMENT AND NOTI CES This Agreement shall have no force or effect unless and until such time as it is accepted by the Administrator in the State of California This Agreement shall be deemed to be a California contract and construed in accordance with laws of the State of California All controversies arising under or in connection with this Agreement shall be finally determined by arbitration in the City and County of Napa California in accordance with the rules of the American Arbitration Association then obtaining by three 3 arbitrators appointed in accordance with such rules and judgment may be entered on any award in any court of competent jurisdiction Notwithstanding the above nothing herein shall be construed to limit Administrator s right to seek injunctive relief immediately from any court of competent jurisdiction in the event that Administrator reasonably believes that such relief is warranted to maintain the status quo or to avoid injury pending the arbitration TERMI NATI ON A This Agreement may be terminated at any time by either party upon giving thirty 30 days written notice to the other party This Agreement shall terminate automatically without notice should Dealer fail to submit a Contract to Administrator during any consecutive three 3

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