TD Auto Finance, LLC v. James W. Brigham Sr.

IN THE DISTRICT COURT OF CHOCTAW COUNTY, STATE OF OKLAHOMA TD AUTO FINANCE, LLC Plaintiff, -vs- JAMES W BRIGHAM SR Defendant Case No. PETITION FOR MONEY DUE ON NOTE COMES NOW the Plaintiff and for its cause of action states as follows: 1. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of MICHIGAN; the debt sued upon arose in and Plaintiff’s cause of action accrued in the State of Oklahoma. 2. That the Defendant resides in or may be found in CHOCTAW County, Oklahoma and within the venue of this court. 3. That upon application by the Defendant, the Defendant did enter into a Retail Installment Contract and Security Agreement ("Agreement") with ORR HONDA OF PARIS, which has heretofore been assigned and sold to Plaintiff, to borrow a sum of money to purchase a vehicle. A copy of said Agreement is attached hereto and incorporated herein by reference as if set forth at this point in full and verbatim. 4. That the Defendant did fail to perform the obligations under the terms of the Agreement and are therefore in default. 5. That if required by law or the Agreement, Plaintiff notified the Defendant of his default and right to cure, but Defendant failed to cure said default. 6. That Plaintiff repossessed the vehicle under the terms of the Agreement, and the vehicle was then sold in a commercially reasonable manner. 7. That Plaintiff notified the Defendant of the sale and any deficiency remaining after the sale. 8. That the deficiency after the sale is $13542.34. 9. Interest at the rate of 6.75% per annum from the date of Judgment until paid. 10. That pursuant to statute 12 O.S.§ 936, Plaintiff is entitled to reasonable attorney’s fees. 11. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant JAMES W BRIGHAM SR is not in the Armed Forces for the United States, verified on 12/24/2019 via the U.S. Department of Defense website. WHEREFORE, Plaintiff prays for Judgment against Defendant in the amount of: Amount claimed: $13542.34; Interest: Interest at the rate of 6.75% per annum from the date of Judgment until paid; Reasonable attorney’s fees; All costs herein expended, including but not limited to court costs, sheriff’s fees, and any costs for service of the summons(es). Respectfully submitted, FABER AND BRAND L.L.C BY: Jason H. Gubbins OK #22576 P.O. Box 10110 Columbia, Missouri 65205-4000 (888) 233-3141 (573) 442-1072 FAX [email protected] ATTORNEY FOR PLAINTIFF THIS IS A COMMUNICATION FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. F&B Acct. No: 372395 AFFIDAVIT ***[Retail]*** I, Bailey Vevet, being first duly sworn, depose and say that I have knowledge of the facts hereinafter set forth based on a review of the business records of TD Auto Finance LLC and that if sworn as a witness I can testify competently thereto: 1. That I hold the position of Litigation Specialist for TD Auto Finance LLC; 2. I have knowledge of account number xxxxxx1104 and records related to a certain retail installment contract (the “Contract”) between JAMES W BRIGHAM SR and ORR HONDA OF PARIS (“Seller”); 3. Seller assigned its rights and interests in and to the Contract to TD Auto Finance LLC (“Assignee”); 4. The defendant(s) is/are in breach of the terms of the Contract; and 5. The outstanding balance on the account related to the Contract is $13,542.34. STATE OF Florida ) COUNTY OF Duval ) ss In witness whereof I have hereunto subscribed my name and affixed my official seal this 21 day of November, 2019. My Commission Expires: ELIZABETH A. BOTELER MY COMMISSION # FF 948672 EXPIRES: April 7, 2020 Bonded Through Notary Public Underwriters Notary Public WWRR# 040289195 ILAW 553-TX-ARB-eps-14 9/16 MOTOR VEHICLE RETAIL INSTALLMENT SALES CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Dealer Number ___________________ Contract Number __________________ BUYER JAMES W BRIGHAM SR ADDRESS ____________________________ CITY _______________________________ PHON _______________________________ SELLER/CREDITOR ORR HONDA OF PARIS ADDRESS 1505 NE LOOP 286 CITY PARIS _______________________ STATE TX ZIP 75460 PHONE (903) 784-9400 CO-BUYER N/A ADDRESS N/A CITY N/A STATE N/A ZIP N/A PHONE N/A The Buyer is referred to as “you” or “your.” The Seller is referred to as “we” or “us.” This contract may be transferred by the Seller. PROMISE TO PAY: The credit price is shown below as the “Total Sales Price.” The “Cash Price” is also shown on page 2 of this contract. By signing this contract, you choose to purchase the vehicle on credit according to the terms of this contract. You agree to pay us the Amount Financed, Finance Charge, and any other charges in this contract. You agree to make payments in U.S. funds according to the Payment Schedule in this contract. If more than one person signs as a buyer, you agree to keep all the promises in this agreement even if the others do not. You have thoroughly inspected, accepted, and approved the vehicle in all respects. VEHICLE IDENTIFICATION <table> <tr> <th>YEAR</th> <th>MAKE</th> <th>MODEL</th> <th>VEHICLE IDENTIFICATION NUMBER</th> <th>USE FOR WHICH PURCHASED<br>PERSONAL, FAMILY, OR HOUSEHOLD,<br>UNLESS OTHERWISE INDICATED BELOW</th> </tr> <tr> <td>2008</td> <td>CHEVROL</td> <td>TAHOE</td> <td>7021</td> <td> <input type="checkbox"> NEW<br> <input type="checkbox"> DEMONSTRATOR<br> <input type="checkbox"> FACTORY<br> <input type="checkbox"> OFFICIAL/EXECUTIVE<br> <input type="checkbox" checked> USED </td> </tr> </table> Trade-in Make: N/A Model N/A Year N/A VIN N/A License No. N/A FEDERAL TRUTH-IN-LENDING DISCLOSURES <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of your credit as a yearly rate.</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost you.</th> <th>Amount Financed<br>The amount of credit provided to you or on your behalf.</th> <th>Total of Payments<br>The amount you will have paid after you have made all payments as scheduled.</th> <th>Total Sale Price<br>The total cost of your purchase on credit, including your down payment of $400.00</th> </tr> <tr> <td>7.14 %</td> <td>$4704.47</td> <td>$24529.93</td> <td>$29234.40</td> <td>$29634.40</td> </tr> </table> Your Payment Schedule Will Be: <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>60</td> <td>487.24</td> <td>Monthly beginning<br>01/27/2017</td> </tr> <tr> <td>N/A</td> <td>N/A</td> <td>N/A</td> </tr> </table> Or as follows N/A Late Charge: If we do not receive your entire payment within 15 days after it is due (10 days if you are buying a heavy commercial vehicle), you will pay a late charge of .5% of the scheduled payment. Prepayment. If you pay early, you will not have to pay a penalty. Security Interest: We will have a security interest in the vehicle being purchased. Additional information: See this document for more information about nonpayment, default, security interests, and any required repayment in full before the scheduled date. SERVICING AND COLLECTION CONTACTS We may try to contact you at any mailing address, e-mail address, or phone number you give us as the law allows. We may try to contact you in writing (including mail, e-mail, and text messages) and by phone (including prerecorded or artificial voice messages and automatic telephone dialing systems). Returned Check Charge: You agree to pay a charge of $30 if any check you give us is dishonored or any electronic payment is returned unpaid. Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement to arbitrate. Buyer Signs X /s/ James Brigham Co-Buyer Signs X N/A OCCC NOTICE. For questions or complaints about this contract, contact TD AUTO FINANCE LLC at (800) 556-8172. The Office of Consumer Credit Commissioner (OCCC) is a state agency, and it enforces certain laws that apply to this contract. If a complaint or question cannot be resolved by contacting the creditor, consumers can contact the OCCC to file a complaint or ask a general credit-related question. OCCC address: 2601 N Lamar Blvd., Austin, Texas 78705. Phone: (800) 536-1578. Fax: (512) 936-7610. Website: occc.texas.gov E-mail: [email protected]. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. This PROVISION applies to this contract only if the vehicle financed in the contract was purchased for personal, family, or household use. Buyer Initials X JB Co-Buyer Initials X N/A ORIGINAL LIENHOLDER ITEMIZATION OF AMOUNT FINANCED 1. Cash Price (including any accessories, services, taxes, etc.) $29,39 N/A $N/A N/A $N/A $N/A $N/A $21,852.39 2. Total Downpayment (if negative, enter "0" and see Line 4A below) - Gross Trade-in $N/A - Pay Off Made By Seller $N/A - Cash Paid by Buyer for Trade-In $N/A + Net Trade-in $N/A + Cash $400.00 + Mfrs. Rebate $N/A + Other (describe) N/A $N/A Total Downpayment $400.00 $21,182.39 3. Unpaid Balance of Cash Price (1 minus 2) $21,182.39 4. Other Charges including Amounts Paid to Others on Your Behalf (Seller may keep part of these amounts). A. Net trade-in payoff to N/A $N/A B. Cost of Optional Credit Insurance Paid to Insurance Company or Companies Life $N/A Disability $N/A $500.00 C. Other Optional Insurance Paid to Insurance Company or Companies N/A D. Official Fees Paid to Government Agencies 1) to: N/A for N/A $N/A 2) to: STATE OF TX RD & BRIDGE FEE $10.00 3) to: N/A ER N/A $N/A E. Debt Cancellation Agreement Fee Paid to the Seller $N/A F. Dealer's Inventory Tax (if Not Included In Cash Price) $38.29 G. Sales Tax (if Not Included In Cash Price) $N/A H. Other Taxes (if Not Included In Cash Price) $N/A I. Government License and/or Registration Fees LTC959.25/DPS REG91.00/ETAGS$1.00 $65.25 J. Government Certificate of Title Fees $28.00 K. Government Vehicle Inspection Fees $7.00 L. Deputy Service Fee Paid to Dealer $N/A M. Documentary Fee/Cargo Documental $142.00 A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW BUT MAY BE CHARGED TO BUYERS FOR HANDLING DOCUMENTS RELATING TO THE SALE. A DOCUMENTARY FEE MAY NOT EXCEED A REASONABLE AMOUNT AGREED TO BY THE PARTIES. THIS NOTICE IS REQUIRED BY LAW. UN CARGO DOCUMENTAL NO ES UN CARGO OFICIAL. LA LEY NO EXIGE QUE SE IMPONGA UN CARGO DOCUMENTAL PERO ESTE PODRÍA COBRARSE A LOS COMPRADORES POR EL MANEJO DE LA DOCUMENTACIÓN EN RELACIÓN CON LA VENTA. UN CARGO DOCUMENTAL NO PUEDE EXCEDER UNA CANTIDAD RAZONABLE ACORDADA POR LAS PARTES. ESTA NOTIFICACIÓN SE EXIGE POR LEY. N Other Charges (Seller must identify who is paid and describe purpose.) to State for Plate Transfer Fee $N/A to S GUARD for S GUARD $2,550.00 to N/A for N/A $N/A to N/A for N/A $N/A to N/A for N/A $N/A to N/A for N/A $N/A to N/A for N/A $N/A to N/A for N/A $N/A to N/A for N/A $N/A to N/A for N/A $N/A Total Other Charges and Amounts Paid to Others on Your Behalf $3,347.54 Amount Financed (3 + 4) $24,529.93 OTHER TERMS AND CONDITIONS 1. FINANCE CHARGE AND PAYMENTS a. HOW WE FIGURE THE FINANCE CHARGE. We figure the finance charge using the true daily earnings method as defined by the Texas Finance Code. Under the true daily earnings method, the finance charge will be figured by applying the daily rate to the unpaid portion of the amount financed for the number of days the unpaid portion of the amount financed is outstanding. The daily rate is 1/365th of the annual percentage rate. The unpaid portion of the amount financed does not include late charges or return check charges. b. HOW WE WILL APPLY YOUR PAYMENTS. We will apply your payments in the following order: 1. earned but unpaid finance charge; and 2. to anything else you owe under this agreement. c. HOW LATE OR EARLY PAYMENTS CHANGE WHAT YOU MUST PAY. We base the finance charge, total of payments, and total sale price as if all payments were made as scheduled. If you do not timely make all your payments in at least the correct amount, you will have to pay more finance charge. If that happens, your last payment will be more than your final scheduled payment, or at our option, you will have to pay more payments of the same amount as your scheduled payment until a smaller last payment. If you make scheduled payments early, your finance charge will be reduced (less). If you make your scheduled payments late, your finance charge will increase. We will send you a notice telling you about these charges before the final scheduled payment is due. d. TRANSFER OF RIGHTS. We may transfer this contract to another person. That person will then have all our rights, privileges, and remedies. e. SPECIAL PROVISIONS FOR BALLOON PAYMENT CONTRACTS. A balloon payment is a scheduled payment more than twice the amount of the average of your scheduled payments, other than the downpayment, that are due before the balloon payment. You can pay all you owe when the balloon payment is due and keep your vehicle. If you buy the vehicle primarily for personal, family, or household use, you can enter into a new written agreement to refinance the balloon payment when due without a refinancing fee. If you refinance the balloon payment, your periodic payments will not be larger or more often than the payments in this contract. The annual percentage rate in the new agreement will not be more than the Annual Percentage Rate in this contract. This provision does not apply if your Payment Schedule has been adjusted to your seasonal or irregular income. 2. YOUR OTHER PROMISES TO US a. USE AND TRANSFER OF THE VEHICLE. You will not sell or transfer the vehicle without our written permission. If you do sell or transfer the vehicle, this will not release you from your obligations under this contract, and we may charge you a transfer of equity fee of $25.00 ($50 for a heavy commercial vehicle). You will promptly tell us in writing if you change your address or the address where you keep the vehicle. We agree you may remove the vehicle from the U.S. for 72 hours or less, if the vehicle will continue to be covered by the insurance this contract requires. Otherwise, you agree not to remove the vehicle from the U.S., without our written permission. b. CARE OF THE VEHICLE. You agree to keep the vehicle free from all liens, and claims except those that secure this contract. You will timely pay all taxes, fines, or charges pertaining to the vehicle. You will keep the vehicle in good repair. You will not allow the vehicle to be seized or placed in jeopardy or use it illegally. You must pay all you owe even if the vehicle is lost, damaged or destroyed. If a third party takes a lien or claim against or possession of the vehicle, we may pay the third party any cost required to free the vehicle from all liens or claims. We may immediately demand that you pay us the amount paid to the third party for the vehicle. If you do not pay this amount, we may repossess the vehicle and add that amount to the amount you owe. If we do not repossess the vehicle, we may still demand that you pay us, but we cannot compute a finance charge on this amount. c. SECURITY INTEREST. To secure all that you owe on this contract and all your promises in it, you give us a security interest in: 1. The vehicle including all accessories and parts now or later attached and any other goods financed in this contract; 2. All insurance proceeds and other proceeds received for the vehicle; 3. Any insurance policy, service contract or other contract financed by us; and any proceeds of those contracts; and 4. Any refunds of charges included in this contract for insurance, or service contracts. This security interest also secures any extension or modification of this contract. The certificate of title must show our security interest in the vehicle. You will not allow any other security interest to be placed on the title without our written permission. Buyer Initials X JB Co-Buyer Initials X N/A d. AGREEMENT TO KEEP VEHICLE INSURED. You agree to have physical damage insurance covering loss or damage to the vehicle for the term of this contract. The insurance must cover our interest in the vehicle. The insurer must be authorized to do business in Texas. e. OUR RIGHT TO PURCHASE REQUIRED INSURANCE IF YOU FAIL TO KEEP THE VEHICLE INSURED. If you fail to give us proof that you have insurance, we may buy physical damage insurance. We may buy insurance that covers your interest and our interest in the vehicle, or we may buy insurance that covers our interest only. You will pay the premium for the insurance and a finance charge at the contract rate. If we obtain collateral protection insurance, we will mail notice to your last known address shown in our file. f. PHYSICAL DAMAGE INSURANCE PROCEEDS. You must use physical damage insurance proceeds to repair the vehicle, unless we agree otherwise in writing. However, if the vehicle is a total loss, you must use the insurance proceeds to pay what you owe us. You agree that we can use any proceeds from insurance to repair the vehicle, or we may reduce what you owe under this contract. If we apply insurance proceeds to the amount you owe, they will be applied to your payments in the reverse order of when they are due. If your insurance on the vehicle or credit insurance doesn't pay all you owe, you must pay what is still owed. Once all amounts owed under this contract are paid, any remaining proceeds will be paid to you. g. RETURNED INSURANCE PREMIUMS AND SERVICE CONTRACT CHARGES. If we get a refund on insurance or service contracts, or other contracts included in the cash price, we will subtract it from what you owe. Once all amounts owed under this contract are paid, any remaining refunds will be paid to you. h. APPLICATION OF CREDITS. Any credit that reduces your debt will apply to your payments in the reverse order of when they are due, unless we decide to apply it to another part of your debt. The amount of the credit and all finance charge or interest on the credit will be applied to your payments in the reverse order of your payments. 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. LATE CHARGE. You will pay us a late charge as agreed to in this contract when it accrues. b. DEFAULT. You will be in default if: 1. You do not pay any amount when it is due; 2. You give false, incomplete, or misleading information on a credit application; 3. You file bankruptcy, bankruptcy is filed against you, or the vehicle becomes involved in a bankruptcy; 4. You allow a judgment to be entered against you or the collateral; or 5. You break any of your promises in this agreement. If you default, we can exercise our rights under this contract and our other rights under the law. c. OUR RIGHT TO DEMAND PAYMENT IN FULL. If you default, or we believe in good faith that you are not going to keep any of your promises, we can demand that you immediately pay all that you owe. We don't have to give you notice that we are demanding or intend to demand immediate payment of all that you owe. d. REPOSSESSION. If you default, we may repossess the vehicle from you if we do so peacefully. If your vehicle has an electronic tracking device, you agree that we may use the device to find the vehicle. If any personal items are in the vehicle, we can store them for you, and give you written notice at your last known address shown or our records within 15 days of discovering that we have your personal items. If you do not ask for these items back within 31 days from the day we mail or deliver the notice to you, we may dispose of them as applicable law allows. Any accessory, equipment, or replacement part stays with the vehicle. e. YOUR RIGHT TO REDEEM. If we take your vehicle, we will tell you how much you have to pay to get it back. If you do not pay us to get the vehicle back, we can sell it or take other action allowed by law. Your right to redeem ends when the vehicle is sold or we have entered into a contract for sale or accepted the collateral as full or partial satisfaction of a contract. f. DISPOSITION OF THE VEHICLE. If you don't pay us to get the vehicle back, we can sell it or take other action allowed by law. If we sell the motor vehicle in a public or private sale, we will send you notice at least 10 days before we sell it. We can use the money we get from selling it to pay allowed expenses and to reduce the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. If any money is left, we will pay it to you unless we must pay it to someone else. If the money from the sale is not enough to pay all you owe, you must pay the rest of what you owe us plus interest. If we take or sell the vehicle, you will give us the certificate of title and any other document required by state law to record transfer of title. g. COLLECTION COSTS. If we hire an attorney who is not our employee to enforce this contract, you will pay reasonable attorney's fees and court costs as the applicable law allows. You will also pay our reasonable out-of-pocket expenses incurred in connection with retaking, holding, and selling the vehicle as the applicable law allows. h. CANCELLATION OF OPTIONAL INSURANCE AND SERVICE CONTRACTS. This contract may contain charges for insurance or service contracts or for services included in the cash price. If you default, you agree that we can claim benefits under these contracts to the extent allowable, and terminate them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is damaged or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe. 4. INTEGRATION AND SEVERABILITY CLAUSE This contract contains the entire agreement between you and us relating to the sale and financing of the vehicle. If any part of this contract is not valid, all other parts stay valid. 5. LEGAL LIMITATIONS ON OUR RIGHTS If we don't enforce our rights every time, we can still enforce them later. We will exercise all our rights in a lawful way. You don’t have to pay finance charge or other amounts that are more than the law allows. This provision prevails over all other parts of this contract and over all our other acts. The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. Any change to this contract must be in writing: Both you and we must sign it. No oral changes to this contract are enforceable. Buyer [signature] Co-Buyer [initials] See the rest of this contract for other important agreements. CONSUMER WARNING: Notice to the buyer—Do not sign this contract before you read it or if it contains any blank spaces. You are entitled to a copy of the contract you sign. Under the law, you have the right to pay off in advance all that you owe and under certain conditions may save a portion of the finance charge. You will keep this contract to protect your legal rights. BUYER'S ACKNOWLEDGEMENT OF CONTRACT RECEIPT: YOU AGREE TO THE TERMS OF THIS CONTRACT AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF IT. YOU CONFIRM THAT BEFORE YOU SIGNED THIS CONTRACT WE GAVE IT TO YOU, AND YOU WERE FREE TO TAKE IT AND REVIEW IT. YOU ACKNOWLEDGE THAT YOU HAVE READ EACH PAGE OF THIS CONTRACT, INCLUDING THE ARBITRATION PROVISION ON PAGE 5, BEFORE SIGNING BELOW. Buyer Signs [signature] Date 12/28/16 Co-Buyer Signs X N/A Date N/A Co-Buyers and Other Owners — A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract. Other owner signs here X N/A Date N/A Address N/A Seller signs OBR HONDA OF PARIS Date 12/28/16 By [signature] Title [signature] THIS CONTRACT IS NOT VALID UNTIL YOU AND WE SIGN IT. 6. SELLER'S DISCLAIMER OF WARRANTIES Unless the seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract; the seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. 7. Used Car Buyers Guide. The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale. Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la ventana para este vehículo forma parte del presente contrato. La información del formulario de la ventana deja sin efecto toda disposición en contrario contenida en el contrato de venta. 8. APPLICABLE LAW Federal and Texas law apply to this contract. ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. 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 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 WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, 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 or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your 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 Provision 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. You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 (www.adr.org), or any other organization to conduct the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you reside unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was executed. We will pay your filing, administration, service or case management fee and your arbitrator's hearing fee all up to a maximum of $5000, unless the law or the rules of the chosen arbitration organization require us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. 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, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator's award. This Arbitration Provision shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Provision, other than waivers of class action rights, is deemed or found to 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 Provision shall be unenforceable. Seller assigns its interest in this contract to TD AUTO FINANCE LLC. Assigned under the terms of Seller's agreement(s) with assignee/assignees. ORR HONDA OF PARIS Seller /s/ [signature] Title TD Auto Finance DATE: 03/05/2018 ACCOUNT NO. [redacted] MAKE/MODEL OF VEHICLE: 2008 CHEVROLET TAHOE 2WD BUYER'S NAME AND ADDRESS: JAMES W BRIGHAM SR. CO-BUYER'S NAME AND ADDRESS: [redacted] The following is an explanation of the amount of deficiency (or surplus, if applicable) following the disposition of your vehicle (1) Secured obligation, including late charges, return check fees, permitted legal fees and interest, finance charges or credit service charges due, at date of repossession. $ 22,487 03 (2) Gross disposition proceeds. $ 9,600 00 (3) Secured obligation after deducting amount in item (2). $ 12,887 03 (4) Repossession, storage, preparation and disposition expenses, including legal fees related to the current disposition of the vehicle, if any $ 1,990 31 (5) Other credits or rebates such as insurance refunds, extended warranty or service contract refunds, or post-repossession payments $ 1,335 00 (6) Deficiency Amount (or surplus, if applicable) (If the total of items 2 and 5 exceeds the total of items 1 and 4, a surplus exists. In that event, the amount of the surplus is shown on this line in parenthesis. You will receive a check in that amount.) $ 13,542 34 Future debits, credits, and charges, including additional credit service charges or interest, rebates and expenses may affect the amount of the deficiency (or surplus, if applicable). To obtain additional information about your account, please call the telephone number below, Monday - Friday from 8:00 AM - 6:00 PM Eastern Time We are sure you want to settle your account. We may be able to work with you in establishing payment terms. To make arrangements, it is important that you contact this office by telephone without delay TD Auto Finance PO Box 551080 Jacksonville, FL 32255-1080 1-866-251-9400 TD Auto Finance PO Box 551080 Jacksonville, FL 32255 NOTICE AFTER REPOSSESSION OR VOLUNTARY SURRENDER NAME AND ADDRESS (BUYER 1) JAMES W BRIGHAM SR. NOTE: IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY CODE, YOU ARE NOT REQUIRED TO MAKE PAYMENT TO US. We have obtained the vehicle described below (your vehicle) through either [ ] repossession as a result of a default under your contract with us or ☑ voluntary surrender of your vehicle, whichever is checked. DESCRIPTION OF YOUR VEHICLE <table> <tr> <th>YEAR</th> <th>MAKE</th> <th>MODEL</th> <th>VEHICLE IDENTIFICATION NUMBER</th> </tr> <tr> <td>2008</td> <td>CHEVROLET</td> <td>TAHOE 2WD</td> <td>7021</td> </tr> </table> NOTICE OF ACCELERATION AND SALE: Your net contract balance (itemized on page two) is now due and payable in full. Your “net contract balance” is the unpaid portion of the Total of Payments under your contract, less unearned finance charges and other unearned charges and any other credits to which you are entitled, plus any other amounts (net of unearned finance charges) you are lawfully obligated to pay. Your vehicle will be offered for sale, at a private sale beginning on February 6, 2018, at the earliest, and from day to day thereafter until sold. REMAINING CONTRACT BALANCE / RIGHT TO MONEY LEFT OVER FROM SALE: If your vehicle is sold, the money we get from the sale (after paying our reasonable costs) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If there is any money left over, we will pay this money to you, unless we must pay it to someone else. ACCOUNTING: If you want us to explain to you in writing how we have figured the amount that you owe us, you may call or write us at the number or address provided in this Notice We reserve the right to charge you $0.00 for the explanation if we sent you another explanation of the amount within the last six months. NOTICE TO ALL INTERESTED PARTIES: We are sending this notice to the following people who have an interest in this vehicle or who owe money under the contract JAMES W BRIGHAM SR. HOW TO GET YOUR VEHICLE BACK: To get your vehicle back, you can do one of two things as described below, unless the box that follows is checked. ☐ If this box is checked, the only way to get your vehicle back is to pay the full amount you owe on your contract as described below; you do not have the right to cure your default and renew your contract. FIRST WAY: RENEW YOUR CONTRACT AT ANY TIME BEFORE YOUR VEHICLE IS ACTUALLY SOLD, you have a right to renew your contract and get your vehicle back by paying the full amount past due under your contract (excluding any amount that would not be due except for an acceleration provision) plus unpaid charges and costs we incurred as itemized below. To renew your contract, you must pay us the NET AMOUNT NEEDED TO RENEW YOUR CONTRACT shown below, plus any other amounts that may become due after the date of this Notice and before your vehicle is sold. If you renew your contract, you must continue to make regularly scheduled payments and satisfy other obligations as they come due under your contract. To learn the exact amount you must pay to renew your contract, please contact us at the address provided in this Notice or call us at 866-659-1173. You must pay with a money order, a cashier's check or certified funds, personal checks will not be accepted. <table> <tr> <th>PAST DUE PAYMENTS</th> <td>$1,948.96</td> </tr> <tr> <th>PLUS LATE CHARGES AND OTHER COSTS</th> <td>$121.80</td> </tr> <tr> <th>PLUS REPOSSESSION, STORAGE, REPAIR AND PREPARATION COSTS (To Date)</th> <td>$1,537.73</td> </tr> <tr> <th>NET AMOUNT NEEDED TO RENEW YOUR CONTRACT (NOT INCLUDING AMOUNTS THAT MAY BECOME DUE AFTER THE DATE OF THIS NOTICE)</th> <td>$3,608.49</td> </tr> </table> SECOND WAY: PAY THE FULL AMOUNT YOU OWE ON YOUR CONTRACT AT ANY TIME BEFORE YOUR VEHICLE IS ACTUALLY SOLD, you have a right to get your vehicle back by paying the full amount you owe on your contract (not just the past due amount) plus unpaid late charges, finance charges and costs we incurred as itemized below. You must pay us the NET AMOUNT NEEDED TO PAY YOUR CONTRACT shown below, plus any other amounts that may become due after the date of this Notice and before your vehicle is sold. To learn the exact amount you must pay, please contact us at the address provided in this Notice, or call us at 866-659-1173. You must pay with a money order, a cashier's check or certified funds, personal checks will not be accepted. <table> <tr> <th>UNPAID PRINCIPAL BALANCE</th> <td>$21,877.36</td> </tr> <tr> <th>PLUS LATE CHARGES AND OTHER COSTS</th> <td>$121.80</td> </tr> <tr> <th>PLUS REPOSSESSION, STORAGE, REPAIR AND PREPARATION COSTS (To Date)</th> <td>$1,537.73</td> </tr> <tr> <th>PLUS FINANCE CHARGE TO</th> <td>01/22/2018 $504.99</td> </tr> <tr> <th>SUBTOTAL OF CHARGES</th> <td>$24,041.88</td> </tr> <tr> <th>LESS REFUNDS OF INSURANCE PREMIUMS</th> <td></td> </tr> <tr> <th>SUBTOTAL OF REFUNDS DEDUCTED</th> <td>$0.00</td> </tr> <tr> <th>NET AMOUNT NEEDED TO PAY YOUR CONTRACT (NOT INCLUDING AMOUNTS THAT MAY BECOME DUE AFTER THE DATE OF THIS NOTICE)</th> <td>$24,041.88</td> </tr> </table> NOTE: If this box is checked and your vehicle was repossessed, you must also provide proof that you have paid the required $15 fee to the appropriate law enforcement authority for the receipt and filing of the report of repossession. The auction will not release the vehicle without proof that the repossession report fee has been paid. ☐ NOTE If this box is checked and your vehicle was repossessed you must pay $250 directly to for storage costs in order to reinstate or redeem your vehicle. Please contact at for acceptable payment type(s) prior to your vehicle being returned to you at the address listed below IF YOU ARE UNDER THE PROTECTION OF THE UNITED STATES BANKRUPTCY CODE, THIS NOTICE IS SENT FOR THE SOLE PURPOSE OF NOTIFYING YOU OF YOUR STATE LAW RIGHTS, AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT PAYMENT. YOUR OBLIGATION TO MAKE PAYMENT TO US IS SUBJECT TO DISCHARGE, AND MAY HAVE ALREADY BEEN DISCHARGED, IN BANKRUPTCY. ENTRY OF THE DISCHARGE ORDER IN YOUR BANKRUPTCY CASE RELEASES YOU FROM PERSONAL LIABILITY TO MAKE PAYMENT TO US. If you have any questions about the sale of your vehicle or any other matters covered in this Notice, please call or write us. We are available at the phone number below from 8:00 AM to 8:00 PM Eastern Time, Monday through Friday <table> <tr> <th>MAKE PAYMENT TO</th> <th>PO Box 551080, Jacksonville, FL 32255</th> <th>PHONE NUMBER:</th> <th>866-659-1173</th> </tr> <tr> <th>DATE NOTICE MAILED</th> <th>MAIL TYPE:</th> <th>First Class Mail</th> <th>Certified Mail</th> </tr> <tr> <td>01/22/2018</td> <td></td> <td></td> <td></td> </tr> </table> TD Auto Finance NOTICE OF DEFAULT AND INTENTION TO ACCELERATE JAMES W BRIGHAM SR. IF YOU ARE UNDER THE PROTECTION OF THE UNITED STATES BANKRUPTCY CODE, THIS NOTICE IS SENT FOR THE SOLE PURPOSE OF NOTIFYING YOU OF YOUR STATE LAW RIGHTS, AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT PAYMENT. YOUR OBLIGATION TO MAKE PAYMENT TO US IS SUBJECT TO DISCHARGE, AND MAY HAVE ALREADY BEEN DISCHARGED, IN BANKRUPTCY. ENTRY OF THE DISCHARGE ORDER IN YOUR BANKRUPTCY CASE RELEASES YOU FROM PERSONAL LIABILITY TO MAKE PAYMENT TO US. You are in default of your Retail Installment Contract dated 12/28/2016, on your vehicle described below YEAR MAKE MODEL VEHICLE IDENTIFICATION NUMBER 2008 CHEVROLET TAHOE 2WD 7021 NOTICE OF DEFAULT: You are in default of your contract because [X] You are late in making your payment(s). We may have accepted late payments in the past. Nevertheless, we demand prompt payment now and in the future under the terms of your contract. [ ] You have failed to observe the following requirement(s) of your contract Following is the detail of your past due payment(s) <table> <tr> <th>PAST DUE PAYMENTS</th> <th></th> </tr> <tr> <td>DUE DATE</td> <td>10/27/2017</td> <td>$487.24</td> </tr> <tr> <td>DUE DATE</td> <td>09/27/2017</td> <td>$487.24</td> </tr> <tr> <td>PLUS FIXED VALUE PAYMENT (if applicable)</td> <td></td> <td>$0.00</td> </tr> <tr> <td>PLUS LATE CHARGES</td> <td></td> <td>$73.08</td> </tr> <tr> <td>PLUS MISCELLANEOUS FEES</td> <td></td> <td>$0.00</td> </tr> <tr> <td>PLUS ADDITIONAL PRINCIPAL DUE - Simple Interest Only</td> <td></td> <td>$0.00</td> </tr> <tr> <td colspan="2">AMOUNT NOW DUE (not including amounts that become due after the date this notice is mailed)</td> <td>$1,047.56</td> </tr> </table> NOTE: IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY CODE, YOU ARE NOT REQUIRED TO MAKE PAYMENT TO US. The LAST DAY FOR PAYMENT/CURE is 12/04/2017 RIGHT TO CURE THE DEFAULT: You have a right to correct your default until the LAST DAY FOR PAYMENT/CURE (above) by paying us the AMOUNT NOW DUE (above) and any other amounts that may become due before you cure the default and correcting any other nonpayment default that exists. If you do so, you are no longer in default and you may continue with the contract as though you did not default. NOTICE OF INTENTION TO ACCELERATE AND TO REPOSSESS: If you do not pay us the AMOUNT NOW DUE (above) by the LAST DAY FOR PAYMENT/CURE (above), the contract balance owed under the contract will be accelerated and become due at once when we send a notice to you. "Contract balance" is the unpaid portion of the Total of Payments lawfully owed under the contract, less unearned charges and any other credits to which you are entitled, plus any other amounts you are lawfully obligated to pay. We may also exercise rights against you under the law. Our rights include the right to repossess the vehicle delivered to you. We may, without use of force or other breach of peace, enter the premises where the vehicle may be and take immediate possession of the vehicle, including any equipment or accessories. All amounts due stated in this notice must be paid by the LAST DAY FOR PAYMENT/CURE, regardless of any payment due date described in subsequent billing statement(s) you may receive. If you have any questions, contact us promptly, at the number below, Monday through Friday from 8:00 AM to 10:00 PM Eastern Time, Saturday from 8:00 AM to 3:00 PM Eastern Time, and Sunday 1:00 PM to 5:00 PM Eastern Time. NOTE: IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY CODE, YOU ARE NOT REQUIRED TO MAKE PAYMENT TO US. MAKE PAYMENT TO TD Auto Finance PO Box 16035, Lewiston, ME 04243-9517 PHONE NUMBER (800) 556-8172 PROOF OF MAILING I certify that on the date indicated below I sent by ☒ First Class Mail ☐ Certified Mail a copy of the above notice to the person(s) at the address(es) stated in the above notice. SIGNATURE TITLE DATE CERTIFIED / DATE MAILED Evelyn Bates CSR 1/24/2017