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Fillable Printable Motor Vehicle Security Agreement Form

Fillable Printable Motor Vehicle Security Agreement Form

Motor Vehicle Security Agreement Form

Motor Vehicle Security Agreement Form

SIMPLE INTEREST MOTOR VEHICLE CONTRACT AND SECURITY AGREEMENT Page 1 of 4
Dealer Number: Contract Number: R.O.S. Number: Stock Number:
Buyer (and Co-Buyers) Name, Address and Phone Number(s) Seller’s Name, Address and Phone Number(s)
NEW/USED YEAR MAKE / MODEL ODOMETER READING VEHICLE IDENTIFICATION NUMBER COLOR
KEY NO. LIC. NO.
VEHICLE USE: Personal, Family or Household Commercial or Agriculture
e words “our,” “we” and “us” refer to the creditor/seller in this contract, or upon any assignment, its assignee. e words “your” and “you” refer to the buyer and co-buyer, if any, named in
this contract. We sell you the motor vehicle described above on credit. e credit price is the “Total Sale Price” shown below. e “Cash Price” is also shown below. By signing this contract,
you agree to buy the vehicle on credit and pay the Total Sale Price according to the terms, agreements and schedules shown on the front and back of this contract. If this contract is signed by a
buyer and co-buyer, each is together and individually responsible for all agreements in this contract. SEE OTHER SIDE FOR ADDITIONAL TERMS AND AGREEMENTS.
A. FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL PERCENTAGE RATE:
e cost of your credit as a yearly rate.
$
FINANCE CHARGE
e dollar amount the credit will
cost you.
$
Amount Financed
e amount of credit provided to
you on your behalf.
$
Total of Payaments
e amount you will have paid aer you
have made all payments as scheduled
$
Total Sale Price
e total cost of your purchase on credit, including
your downpayment of $_________________
is $_________________(e)
B. YOUR PAYMENT SCHEDULE WILL BE:
Number of Payments: Amount of Payments: When Payments Are Due
On Payment Of
On Payment Of
Payments Monthly, beginning
One Final Payment
C. SECURITY
SECURITY: You are giving a security interest in the goods or property being purchased. LATE CHARGES: If any payment is more than 10 days late you may be charged 5% of the late amount.
PRE-PAYMENT: If you pay your contract in full before its maturity, you may be charged a minimum nance charge. See the back of this contract document for any information about nonpayment,
default, any required repayment in full before the scheduled date and prepayment minimum nance charge. (e) MEANS AN ESTIMATE
ITEMIZATION OF AMOUNT FINANCED
1. Total Cash Price
A. Cash Price Motor Vehicle and Accessories .. $ __________ (A)
1. Cash Price Vehicle ...................................... $ __________
2. Cash Price Accessories ............................... $ __________
3. Other ___________________________ $ __________
___________________________ $ __________
B. Document Preparation Fee
(not a governmental fee).... $ __________ (B)
C. Smog Fee Paid to Seller ................................... $ __________ (C)
D. e Deterrent Device(s) (optional)
____________________________________ $ __________ (D)
____________________________________ $ __________ (D)
____________________________________ $ __________ (D)
E. Surface Protection Product(s) (optional)
____________________________________ $ __________ (E)
____________________________________ $ __________ (E)
____________________________________ $ __________ (E)
F. Sales Tax ............................................................. $ __________ (F)
G. Optional DMV Electronic Filing Fee ............ $ __________ (G)
H. Service Contract (optional)
____________________________________ $ __________ (H)
____________________________________ $ __________ (H)
____________________________________ $ __________ (H)
____________________________________ $ __________ (H)
____________________________________ $ __________ (H)
I. Prior Credit or Lease Balance paid by Seller to
____________________________________ $ __________ (I)
(See down payment and trade-in calculation)
J. Optional Debt Cancellation Agreement(GAP)$ __________ (J)
K. Used Vehicle Contract Cancellation
Option Agreement ............................................ $ __________ (K)
L. Other (For) __________________________ $ __________ (L)
To whom paid ____________________________________
Total Cash Price (A to L) ............................................................... $ __________ (1)
2. Amounts Paid to Public Ocials
A. License Fees ....................................................... $ __________ (A)
B. Registration/Transfer/Titling Fees ................. $ __________ (B)
C. California Tire Fees .......................................... $ __________ (C)
D. Other .................................................................. $ __________ (D)
E. Other ................................................................... $ __________ (E)
Total Ocial Fees (A to E) ............................................................... $ __________ (2)
3. Amounts Paid to Insurance Companies
(Total premiums from Statement of Insurance column a+b) . $ __________ (3)
4. Smog Certication Fee or ......................................................... $ __________ (4)
Exemption Fee Paid to State ..................................................... $ __________ (4)
5.
Subtotal (1 to 4) .............................................................................. $ __________ (5)
6. Total Down Payment
A. Trade-in Value .................................................. $ __________ (A)
Yr __________ Make _____________________________
Model _________________________________________
V.I.N. _________________________________________
Odometer ______________________________________
B. Less Prior Credit or Lease Balance ..................$ __________ (B)
C. Trade-in (A less B).
(Indicate if a negative number)....$ __________ (C)
D. Deferred Down Payment ................................ $ __________ (D)
E. Manufacturer’s Rebate ..................................... $ __________ (E)
F. Other ................................................................... $ __________ (F)
G. Remaining Cash Down Payment .................. $ __________ (G)
Total Down Payment (6C to G) ....................................................$ __________ (6)
(If negative, enter zero on line 6 and enter the amount less than zero as a positive number on line 1I above)
7. Amount Financed (5 less 6) ........................................................ $ __________ (7)
Seller may keep a portion of these amounts.
Buyer’s Signature X__________________________ Date ___________
Co-Buyers Signature X__________________________ Date ___________
Page 1 of 2 ----- Continued on Next Pages
Mikes Auto sAles
(e)
(e)
NOTICES:e names and addresses of all persons to whom the notices required or permitted by law
to be sent are set forth at the top of this form.
..
SERVICE CONTRACT (Optional) You request a service contract written with the following com-
pany for the term below. e cost is shown on line 1 H in Itemization of Amount Financed.
Company ____________________Term ___________ Mos. Or _________ Miles
Company ____________________Term ___________ Mos. Or _________ Miles
Company ____________________Term ___________ Mos. Or _________ Miles
Buyer X____________________________________ Co-Buyer X____________________________
STATEMENT OF INSURANCE
NOTICE: No person is required, as a condition of nancing the purchase of a motor vehicle, to
purchase or negotiate any insurance through a particular insurance company, agent or broker.
ONLY PHYSICAL DAMAGE INSURANCE IS REQUIRED TO OBTAIN CREDIT.
UNLESS A CHARGE IS INCLUDED IN THIS AGREEMENT FOR PUBLIC LIABILITY OR
PROPERTY DAMAGE INSURANCE, PAYMENT FOR SUCH COVERAGE IS NOT PROVIDED
BY THIS AGREEMENT.
You have requested Seller to include in the balance due under this agreement the following insur-
ance; Buyer requests Seller to procure insurance upon the described property against re, the, and
collision for the term of this agreement. Any insurance will not be in force until accepted by the
insurance carrier. Premium
$_______________ DED., COMP., FIRE & THEFT ______ Mos. $_______________
$_______________ DEDUCTIBLE COLLISION ________ Mos. $_______________
BODILY INJURY $______________LIMITS ___________ Mos. $_______________
PROPERTY DAMAGE $__________LIMITS __________ Mos. $______________
MEDICAL ______________________________________ Mos. $______________
TOTAL VEHICLE INSURANCE PREMIUMS $______________ (a)
e foregoing declarations are hereby acknowledged.
X___________________________________ X______________________________________
SELLER BUYER
OPTIONAL CREDIT & DISABILITY INSURANCE AUTHORIZATION AND APPLICATION
You voluntarily request the credit insurance checked below, if any, and understand that such insur-
ance is not required. You acknowledge disclosure of the cost of such insurance and authorize it to
be included in the balance payable under the security agreement. Any returned or refunded credit
insurance premiums shall be applied to the sums due under this contract. Only the persons whose
names are signed below are insured.
CREDIT LIFE _____________ Mos. Premium $ _________
JOINT LIFE _______________Mos. Premium $ _________
CREDIT DISABILITY_______ Mos. Premium $ _________
TOTAL CREDIT INSURANCE PREMIUMS $ _______ (b)
Company ________________________________________
You Want Credit Life Insurance You want Joint Credit Life Insurance
You want Credit Disability Insurance (Primary Buyer Only)
You are applying for the credit insurance marked above. Your signature below means
that you agree that: (1) You are not eligible for insurance if you have reached 65th birthday. (2) You
are eligible for disability insurance only if you are working or wages or prot 30 hours a week or
more on the Eective Date. (3) Only the primary buyer is eligible for disability insurance.
DISABILITY INSURANCE MAY NOT COVER CONDITIONS FOR WHICH YOU HAVE SEEN
A DOCTOR OR CHIROPRACTOR IN THE LAST 6 MONTHS
(refer toTotal Disabilities Not Cov-
ered” in your policy or certilicate for details). By signing below, you agree to buy credit insurance
______________X___________________________________________________________
DATE PRIMARY BUYER AGE
______________X___________________________________________________________
DATE CO-BUYER AGE
DISCLOSURE OF AUTO BROKER FEE
A BROKERAGE FEE was was not PAID
To (name) ___________________________________________________
NOTICE OF RESCISSION RIGHTS
If Buyer signs here, the provisions on the reverse side shall be applicable to this contract.
Buyers Signature X____________________________________
Co-Buyer’s Signature X_________________________________
If you are buying a used vehicle with this contract, as indicated in the description of the vehicle
above, federal regulation may require a special Buyers Guide to be displayed on the window.
BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS
VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM
OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. GUIA DEL
COMPRADOR DE AUTOS USADOS. LA INFORMACION QUE USTED VE EN LA FORMA
QUE SE ENCUENTRA EN LA VENTANA DE ESTE VEHICULO FORMA PARTE DE ESTE
CONTRATO. LA INFORMACION DE LA FORMA EN LA VENTANA INVALIDA CUALQUIER
DISPOSICION QUE FUERA CONTRARIA AL CONTRATO DE VENTA .
GUARANTY
Each person who signs as Guarantor individually guarantees the payment of this contract, even if
we do one or more of the following: (1) give the Buyer more time to pay one or more payments; (2)
give a full or partial release to any other Guarantor; (3) release any security; (4) accept less from the
Buyer than the total amount owing; or (5) otherwise reach a settlement relating to this contract or
extend the contract. Each Guarantor acknowledges receipt of a completed copy of this contract and
guaranty at the time of signing and Guarantor waives notice of acceptance as of this Guaranty, notice
of the Buyers non-payment, non-performance, and default; and notices of the amount owing at any
time, and of any demands upon the Buyer.
Guarantor X__________________________________________________ Date ______________
Address ________________________________________________________________________
Guarantor X_______________________________________________ Date _________________
Address ________________________________________________________________________
Trade in Payo - Seller used and relied upon information from you or lessor of your trade-in vehicle
for the payo amount in 6B of the Itemization of Amount Financed as the “Prior Credit or Lease
Balance.” Seller agrees to pay the amount in 6B to the lienholder or lessor of the trade-in vehicle, or
its designee. If the payo amount is more than the
amount shown in 68, you must pay the Seller the excess on demand. If the payo amount is less than
the amount shown in 6B, Seller will refund the dierence to you. Except
as stated in the “Notice” on the back of this contract, any assignee of this contract will not be obli-
gated to pay the Prior Credit or Lease Balance or any refund due from the Seller.
X________________________ X_____________________________
TITLE TRANSFER FEES (Not Financed): e Buyer will pay the estimated fee(s) of $ _________
to the appropriate public authority in order to transfer registration aer payment in full.
OPTION: You pay no Finance Charge if the Amount Financed, item 7, is paid in full on or
before _____________ Year _________ SELLERS INITIALS
OPTIONAL DEBT CANCELLATION CONTRACT (GAP). Debt cancellation coverage is not required to obtain credit. I want to purchase a debt cancellation contract which is part of this contract shown
in line (1J) above. Company ______________ Term ______ Months Buyer X_____________________________ Co-Buyer X____________________________
SELLER ASSISTED LOAN: FOR THIS LOAN, BUYER MAY BE REQUIRED TO PLEDGE SECURITY AND WILL BE OBLIGATED FOR THE INSTALLMENT PAYMENTS ON BOTH THE SECU-
RITY AGREEMENT AND THE LOAN. Proceeds of loan - From ________________________ Amount $ ______ Finance Charge $ _____ Total $ ______
Payable in Installments of $ ______________ $ _______________ from this loan is described in (6D) above.
COMPLAINT If you have a complaint concerning this sale, you should try to resolve it with the Seller. Complaints concerning unfair or deceptive practices or methods by the Seller may be referred
to the City Attorney, the District Attorney, or an investigator for the Department of Motor Vehicles, or any combination thereof.
HOW THIS CONTRACT MAY BE CHANGED Aer this contract is signed, the Seller may not change the nancing or payment terms unless you agree in writing to
the change. You do not have to agree to any change, and it is an unfair or deceptive practice for the Seller to make a unilateral change.
Buyer’s Signature X _______________________________ Co-Buyers Signature X _____________________________________
THE MINIMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN THE LAW MUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE UNSURE WHETHER OR
NOT YOUR CURRENT INSURANCE POLICY WILL COVER YOUR NEWLY ACQUIRED VEHICLE IN THE EVENT OF AN ACCIDENT, YOU SHOULD CONTACT YOUR INSURANCE AGENT.
WARNING:YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASED. IF YOU
DO NOT HAVE FULL COVERAGE, SUPPLEMENTAL COVERAGE FOR COLLISION DAMAGE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT OR THROUGH THE SELLING
DEALER. HOWEVER, UNLESS OTHERWISE SPECIFIED, THE COVERAGE YOU OBTAIN THROUGH THE DEALER PROTECTS ONLY THE DEALER, USUALLY UP TO THE AMOUNT OF
THE UNPAID BALANCE REMAINING AFTER THE VEHICLE HAS BEEN REPOSSESSED AND SOLD.
FOR ADVICE ON FULL COVERAGE THAT WILL PROTECT YOU IN THE EVENT OF LOSS OR DAMAGE TO YOUR VEHICLE, YOU SHOULD CONTACT YOUR INSURANCE AGENT.
THE BUYER SHALL SIGN TO ACKNOWLEDGE THAT HE/SHE UNDERSTANDS THESE PUBLIC LIABILITY TERMS AND CONDITIONS.
S/S
X_______________________________________ X____________________________________
e Annual Percentage Rate may be negoliable with the Seller. e Seller may assign this contract and retain its right to receive a part of the Finance Charge.
“THERE IS NO COOLING OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION”
California law does not provide for a “cooling o” or other cancellation period for vehicle sales. erefore, you cannot later cancel this contract simply because you change your mind, decide the vehicle costs too
much, or wish you had acquired a dierent vehicle. Aer you sign below, you may only cancel this contract with the agreement of the Seller or for legal cause, such as fraud, However, California law does require a
seller to oer a 2 day contract cancellation option on used vehicles with a purchase price of less than $40,000, subject to certain statutory conditions, is contract cancellation option requirement does not apply to
the sale of a recreational vehicle, a motorcycle or an o highway motor vehicle subject to identication under California Law. See the vehicle contract cancellation option agreement for details.
BUYER ACKNOWLEDGES THAT (1 ) BEFORE SIGNING THIS AGREEMENT BUYER READ BOTH SIDES OF THIS AGREEMENT AND RECEIVED A LEGIBLE, COMPLETELY FILLED IN
COPY OF THIS AGREEMENT, AND (2) BUYER HAS RECEIVED A COPY OF EVERY OTHER DOCUMENT THAT BUYER SIGNED DURING THE CONTRACT NEGOTIATION.
Buyers Signature X__________________________ Date _________ Co-Buyer’s Signature X___________________________ Date _________
A co-buyer is responsible for the payments of the debt on this contract. An additional owner is listed on the title as an owner, but is not responsible for payment of the debt on this contract.
Additional Owner __________________________________________________ Address __________________________________________________________________________________________
Seller ______________________________ Address __________________________________________________________________________
___________________________________________________ By X ___________________________ Title _____________________________
MIKE’S AUTO SALES SI MPLE INTE REST MOTOR VEHICLE CONTRACT AND SECURI TY AGREEMENT CONTINUED -
Page 3 of 4
OTHER IMPORTANT AGREEMENTS
1. FINANCE CHARGE AND PAYMENTS
a. How we w ill figure Finance Charge. We wi ll f igure the Finan ce
C h arge o n a d aily basis at the An nual Per centage Rate on the
unpaid part of the Amount Financed. Creditor - Seller m ay receive
part of the Finance Charge.
b. Ho w we w ill app l y p a yments . We may apply each payment to
the earned and unpaid part of the Financ e Charge, to the unpa id
part of the Amount Financed and to other amounts you owe under
this contract in any order we choose.
c. How late payments or early payments change what you must
pay. We based the Finance Charge, Tot al of Payments, and Total
Sale Price shown on the front on the assumption that you will
mak e ev ery p aymen t on the da y i t is du e. Your Finan ce Charge,
Tota l of Paymen ts , and Total Sale Price will be more if you pay
late and less if you pay early. Changes may tak e the form of a
larger or smaller final payment or, at our option, more or fe wer
payments of the same amount as your scheduled payment with a
smaller final payment. We will send you a notice telling you about
these change before the final scheduled payment is due.
d. You may prepay. You may prepay all or part of the unpaid part
of the amount Financed at any time. If you do so, you must pay the
earned an d unpaid part of the Fin an ce Charge an d all other
am ounts due up to the dat e of your payment . As of the date of your
p ayment, if the mi nimum finance charge is grea ter than the earned
Fina n ce Charge, you may char ged the differenc e; the minimu m
finance charge is as follows: (1) $25 if the original Amount
Financed does not exceed $1000, (2) $50 if the original Amount
Financed is more t han $1,000 but not more than $2,000, or (3 ) $75
if the original Amount Financed is m ore than $2, 000.
2. YOUR OT H ER PROMISE S TO US
a. If the vehicle is damaged, destroyed, or missing. You agree to
pay us all you owe under this contract even if the vehicle is
damaged, destroyed, or missin g.
GAP LIABILITY NOTICE
In th e ev ent of theft or damage to you r v ehicl e that result s in a tota l
loss, there may be a gap between the amount you owe under this
contract and the proceeds of your insurance settlement and
deductible. THIS CO NTRACT PROVIDES THAT YOU ARE
LIABLE FOR THE GAP AMOUNT. An optional gap contract
(d ebt can cellation contract) for coverage of the gap am ount m ay be
offer ed for an additional char ge.
b. Using the vehicle. You a g ree no t to r emov e the vehicle fr o m
t he U.S. or Canada , or to sell, rent, lease, or tra ns fer any in terest
in the vehicle or this contract without our written permission.
You agree not to exp o se the vehicle to mis us e, seizure,
con fiscation, or involunta ry tra nsfer. If we pay an y repair bills,
st or age bills, taxes, fines, or charges on the vehi cle, you a gree to
repay the amount when we ask for it.
c. Security Interest.
You give us a security interest in:
The vehicle and all parts or go ods installed on it;
All money or goods received (proceeds) for the Vehicle.
All in su rance, maintenance, servic e, or ot her contract s we
financed for you; and
All proce eds f rom in surance, mai n tenan ce, ser v ice, or
other contracts we finance for you. This includes any
refun ds of premiu ms or charges from contracts.
This secures payment of all you owe on this contract. It also
secu res your o ther a g reements i n this co ntrac t as th e l aw allows.
You will make sure the t itle shows our security interest (lien) in
t he vehicle.
d. Insurance you must ha ve on the vehic le .
You agree to have ph ysi cal damage insurance coveri ng loss of or
d amag e to the vehi cle fo r the t er m of this contract . The
i nsu rance mu st co v er ou r in teres t in the vehi cle. If you do not
have this insurance, we may if we choose, buy physical damage
insurance. If we decide to buy physical damage in surance, we
ma y eit her buy insurance that covers your interest and our
i n terest in the vehi cle, or buy insurance that cov ers only our
i n terest. If we b uy either type of insuranc e, we will tell you
which type and the charge you must pay. The charge will be
t he premi um for the in surance an d a fi nance charge equa l to
the Annual Percen tage Ra te shown on the front of this c ontract
or, at our option, the highest rate the law permits. If the
vehicle is lost o r d amaged, you agree t h at we may u se any
i nsu rance settlement to redu ce what you owe or repair the
vehicle.
e. What happe ns to retur ned insurance , ma intena nce,
serv ic e, o r oth er con tract charges. If we get a refu nd of
i nsu rance, maint enance, servic e, or o ther cont ract cha rges, you
agree that we may subtract the refund from what you owe.
3. IF YO U P AY LATE O R BREAK YOUR OTHER PROM I SES
a. You may ow e lat e char ge s. You will pay a late charge on each
late payment as shown on the fron t. Acceptance of a late
p ayment o r l at e charge does not ex cuse you r late payment or
mean that you may keep making late payments. If you pay late,
we may also take the steps described below.
b. You may have to pay all you owe at once. If you break your
promises (default), we may demand that you pay all you owe on
this contract at once, subject to any right the law gives you to
reinstate this contract.
Defau l t means:
You do not pay any payment on time;
You start a proceeding in bankruptcy or one is started against
you or your p r operty;
The vehicle i s lost, damaged or destroyed; or
You b reak any agreements in this contract.
The amount you will owe will be the unpaid part of the Amount
Financed plus the earned and unpaid part of the Finance Charge,
any late charges, and any amounts due because you defaulted.
c. You may have to pay collection costs. You will pay our
reasonable costs to c ollec t what you owe, i ncluding att or ney
fees, court costs, collection agency fees, and fees pai d for oth er
reasonable collection effort s . You agree to pay a charge not to
exce ed $15 if any check you give to us is dishonored.
d. We may take the vehicle from you. If you defa ult, we may
t ake (r eposses s) the v ehicle from you if we do so peacef ully and
t he law allows i t. If your vehicle has an electr o nic tracking
d ev ice, you agree that we may use the device to f i nd the vehicle.
If w e ta ke the vehi cle, any a cc essories, equipment, and
replacement parts will stay with th e vehicle. If any personal
items are in the veh icle, we may st o r e th em for you at you r
expense. If you do not ask for these items back, we may dispose
of them as the law allows .
e. How you can g et t h e v ehicle back if w e take it. If we
repossess the vehicle, you may pay to g et it b ack (r edeem) . You
may redeem the vehicle by paying all you owe, or you may have
the right to reinstate this contract and redeem the vehicle by
paying past due payments and any late charges, providing proof
of insurance, and/or taking other action to cure the default. We
will provide you all notices required by law to tell you when and
how much to pay and/or what action you must take to redeem
t he vehicle.
f. We will sell the vehicle if you do not g et it ba ck. I f you do not
redeem, we will sell the veh icle. We will send you a written
n o tice of s ale before sellin g t he vehicle. We wil l appl y t he
money f r o m the s ale, less allowed expenses, t o the amoun t you
owe. Allo w ed expenses are expenses we pay as a direct result of
taking the vehi cle, h olding it, preparing it for sale, and selling it.
Attorney fees and court costs th e law permits are also allowed
expenses. If any money is left (surplus), we will pay it to you
unless the law requires us to pay it to someone else. If money
from the sale is not enough to pay the am ount you owe, you
must pay the rest to us. If you do not pay this amount when we
ask , we may cha r g e you interes t at the An nual Per centage Rate
shown on the face of this contract, not to exceed the highest rate
permitted by law, until you pay.
g. What we may do about optional i nsurance, maintenance,
serv ic e, o r oth er con tracts . This c ontract may contai n charges
for o pti o nal insurance, maint enance, servic e, or o ther c o ntracts.
MIKE’S AUTO SALES SI MPLE INTE REST MOTOR VEHICLE CONTRACT AND SECURI TY AGREEMENT CONTINUED -
Page 4 of 4
If w e r eposses s the vehicle, we m ay claim b enefit s un der these
co ntracts and ca n cel th em to obtain refunds of unearned charges to
redu ce what you owe or r epai r t he vehic l e. If the vehi cle is a total
loss because it is confiscated, damaged, or stolen, we may claim
b enefits under thes e cont ra cts an d canc el them to obtai n refu n ds o f
unearned charges to reduce wh at you o w e.
4. WARRANTIE S SELLE R DI S CLAIMS
If you do not get a written warranty, and the Seller does not enter
into a service contract w i thin 90 days from the date of this
contract, the Seller makes no warranties, express or implied, on
the vehicle, and there will be no implie d warranties of
merchant abi lit y or o f fitness for a particular purp ose.
This pr ovision does not aff ec t any warranties covering the vehi cle tha t
the vehicle manufacturer may provide. If the Seller has sold you a
certified used vehicle, the warranty of merchantability is not
disclaimed.
5. Used C ar Buyers G uide. The information you see on the window
form for this vehicl e is part of this contract. Information on the
window form overrides any contrary provisions in the contract of
sale.
Spanish Translation: Guia para compradores de vehiculos usados.
La informacion que ve en el formulari o de la ventanilla pa ra este
vehi culo forma parte del presente contrato. La informacion del
formulario de la ventanilla deja sin efecto toda disposicion en
co ntra ri o contenida en el contrato de venta.
6. Appli ca ble Law
Federal law and California law apply to this contract. If any part of
this contract is not valid, all other parts stay valid. We may delay or
refrain from enforcing an y of our right s under this contract without
los ing t hem. For example, w e may e x tend the time f or makin g some
payments without extending the time for making others.
7. W arranties of Buy er
You promise you have given true and correct information in your
application for credit, and you have no knowledge that will make that
information untrue in the future. We have relied on the truth and
accuracy of that information in entering into this contract. Upon
request, you will provide us with documents and other information
n ecessary to verify any item contained in your credit application.
You waive the provisi ons of Calif. Vehic le C ode Section 1808.21 and
authorize the California Department of Motor Vehic les to fu r nish your
res idence add r ess to us.
CREDI T DISAB ILI TY INSURANCE NOT ICE CLAIM
PROCEDURE
If you become disabled, you must tell us right away. (You are advised to
sen d this information to th e sam e a ddress to which you are normally
required to send your payments, unless a different address or telephone
number is given to you in writing by us as the location where we would like
to be notified.) We will tell you where to get claim forms. You must send
in the completed form to the insurance company as soon as possible and
tell u s as s oon as you d o.
If your disability insurance covers all of your m issed pa yment (s ), WE
CANNOT TRY TO COLLEC T WHAT YOU OWE OR FORE CLOSE
UPON REPOSSESS ANY COLLATERAL UNTIL THREE
CALENDAR MONTHS AFTER your first missed payment is due or
until the insurance company pays or rejects your claim, whichever comes
first. We can , however, try to collect, foreclose, or rep ossess if you have
any money due and owing us or are otherwise in default when you
disability claim is made or if senior mortgage or lien holder is
foreclosing.
If the insurance company pays the claim wit hi n the three cale nd ar
months, we must accept the money as though you paid on time. If the
insurance company rejects the claim within the three calendar months or
accepts the claim within the three calendar months on a partial disability
and pays less than for a total disability, you wi ll have 35 days from the
date that the rejection or the acceptance of the partial disability claim is
sent to pay past due payments, or the difference between the past due
payments and what the insurance company pays for the partial disability,
plus late charges. You ca n contac t us, and we will tell you how mu ch you
owe. After th at time, we ca n take a ction to collect o r foreclose o r
repos s es s any colla teral you m ay have gi ven.
If the insurance company accepts your cla im but req uires t hat you send in
additional form s to rema in eligi ble for continued payments, you s hould
sen d in these c om pleted additional forms n o later tha n required. If you do
not send in these forms on time, the insurance company may stop paying,
and we wil l then be able to tak e action to co ll ect or foreclos e or r eposses s
any collateral you may have given.
Seller's Right to Cancel
a. Seller agrees to deliver the vehicle to you on the date this contract is
signed by Seller and y ou. Y o u un ders t a n d that it may take a few
days for Sell er to verify you r credit and assign th e c ontract. You
ag ree that if Seller is unable to assign t he contrac t to any one o f the
financial institutions with whom Seller regularly does business
u n der an assi g nmen t accep table t o S el ler, Seller may cancel the
contract.
b. Seller shall give you written notice (or in any other manner in which
actual notice is given to you) within 10 days of the date th is co ntr act
i s signed if S eller elects to cancel. Upon rec eipt of such notice, you
must immed iately retu rn t he vehi cle to S eller in the sa me co ndition
as when sold, reasonable wear and tear excepted . Seller must gi v e
back to you all consideration received by Seller, including any
trade-in vehic le.
c. If you do not immediately return the vehicle, you sha ll be li able for
al l ex penses incurred by Seller in taking the veh icle from you,
including reasonable a ttorney's fees.
d. While the vehicle is in your possession, all terms of the contract,
including those relating to use of the vehicle and insurance for t he
vehic le, shall be in fu ll f o r ce and you s ha ll assu me all risk of los s or
damage to the vehicle. You must pay all reasonable costs for repair
of an y damage to the vehic l e unti l the vehicle i s returned to Sel ler.
NOTICE : ANY HOLDER OF THISCONSUMER CREDI T CONTR ACT I S SUBJECT TO ALL CLAIMS AN D DE FENS ES W HICH THE DEBTOR COULD
ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSU ANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY
HEREUNDER BY THE DEBTOR SHAL L NOT EXCEED AMO UNTS PAID BY THE DEBTOR HEREUNDER.
The precedi ng NOTICE appli es only if the "personal, f amil y or household" box i n the "Primary Use for Which Purchased" secti on of this contract is
check ed. I n all other cases, Buyer wil l not assert against any subsequent holder or ass i gnee of this contrac t any claims or defens es the Buyer (debtor)
may have agai nst the Seller, or against the manufacturer of the vehicle or equipm ent obtai ned under this contract .
Seller assigns its interest in this contract to (Assignee) at (ad dress)
u n der the terms of Sell er ’s agreement(s) with Assignee
Ass i gned with rec ourse Ass i gned without recours e Ass i gned with l imited rec ourse
Seller: By: Title:
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