TD Auto Finance, LLC v. Zachary Theall

IN THE DISTRICT COURT OF OKLAHOMA COUNTY, THE STATE OF OKLAHOMA TD AUTO FINANCE, LLC Plaintiff, -vs- ZACHARY THEALL Defendant Case No. PETITION FOR MONEY DUE ON NOTE COMES NOW the Plaintiff and for its cause of action states as follows: 1. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of MICHIGAN; the debt sued upon arose in and Plaintiff's cause of action accrued in the State of Oklahoma. 2. That the Defendant resides in or may be found in OKLAHOMA County, Oklahoma and within the venue of this court. 3. That upon application by the Defendant, the Defendant did enter into a Retail Installment Contract and Security Agreement ("Agreement") with DAVID STANLEY DODGE, 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 $14859.23. 9. Interest in the amount of $711.98 is due and owing, plus interest from that date of Judgment forward at the state rate of 6.75% continuing to accrue until the Judgment is paid. 10. That pursuant to statute 12 O.S.§ 936, Plaintiff is entitled to reasonable attorney’s fees. 11. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant ZACHARY THEALL 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: $14859.23; Interest: Interest in the amount of $711.98 is due and owing, plus interest from that date of Judgment forward at the state rate of 6.75% continuing to accrue until the Judgment is paid; Reasonable attorney’s fees; and All costs herein expended, including but not limited to court costs, sheriff’s fees, and any costs for service of the summons(es). Respectfully submitted, FABER AND BRAND L.L.C BY: Michael L. Foster OK #20701 Jason P. Gubbins OK #22576 P.O. Box 10110 Columbia, Missouri 65205-4000 (888) 233-3141 (573) 442-1072 FAX [email protected] ATTORNEY FOR PLAINTIFF THIS IS A COMMUNICATION FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. F&B Acct. No: 372394 AFFIDAVIT ***[Retail]*** I, Jeremy Huggans, being first duly sworn, depose and say that I have knowledge of the facts hereinafter set forth based on a review of the business records of TD Auto Finance LLC and that if sworn as a witness I can testify competently thereto: 1. That I hold the position of Litigation Manager for TD Auto Finance LLC; 2. I have knowledge of account number xxxxxx0383 and records related to a certain retail installment contract (the "Contract") between ZACHERY THEALL and DAVID STANLEY DODGE ("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 $15,571.21. STATE OF Florida ) COUNTY OF Duval ) In witness whereof I have hereunto subscribed my name and affixed my official seal this 29 day of November, 2019 My Commission Expires: ELIZABETH A. BOTELER MY COMMISSION # FF 949972 EXPIRES: April 7, 2020 Bonded thru Notary Public Underwriters Notary Public WWR# 040444126 RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Dealer Number: 25 Contact Number: Buyer Name and Address (including County and Zip Code): ZACHARY THEAL Co-Buyer Name and Address (including County and Zip Code): N/A Sale / Creator (Name and Address): DAVID STANLEY DODGE 500 SE 20TH ST HOMESTEAD CITY OK 73110 You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the terms set forth in the contract. You agree to pay the Seller-Creditor (sometimes "we" or "us" in this contract) the Amount Financed and finance charges in U.S. Dollars according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-in-Lending Disclosures below are part of this contract. <table> <tr> <th>New/Used/Vehicle</th> <th>Make</th> <th>Model</th> <th>Vehicle Identification Number</th> <th>Primary Use For Which Purchased</th> <th>Personal, Business, or Commercial</th> <th>Purchase</th> <th>Sale</th> <th>Agricultural</th> </tr> <tr> <td>USED</td> <td>DODGE</td> <td>TRUCK</td> <td>93647 38685 A9924</td> <td></td> <td></td> <td></td> <td></td> <td>N/A</td> </tr> </table> <table> <tr> <th colspan="8">ANNUAL PERCENTAGE RATE</th> </tr> <tr> <th colspan="2"></th> <th>FINANCE CHARGES</th> <th>Amount of Credit</th> <th>Total of Payments</th> <th>Total Sales Price</th> <th>Total of Payments</th> <th>Your Payment Schedule Will Be:</th> </tr> <tr> <td>The cost of your credit as a yearly rate</td> <td>10.24%</td> <td>s $9348.68</td> <td>s $26845.00</td> <td>s $36193.68</td> <td>s $36193.68</td> <td></td> <td></td> </tr> <tr> <th colspan="8">Your Payment Schedule Will Be:</th> </tr> <tr> <th colspan="1">Number of Payments</th> <th colspan="1">Amount of Payment</th> <th colspan="1">Within Payments</th> <th>Month Beginning</th> </tr> <tr> <td>72</td> <td>502.69</td> <td>N/A</td> <td>10/21/2015</td> </tr> <tr> <td>H/A</td> <td>H/A</td> <td>H/A</td> <td>H/A</td> </tr> <tr> <th colspan="8">Late Charge. If payment is not received in full within 10 days after it is due, we will add a late charge of s 24.95 or .5% of the past due part of the payment that is late, whichever is greater.</th> </tr> <tr> <th colspan="8">Prepayment. If you pay all of your debts early, you will not have to pay a destiny security interest fee; you are owed a security interest in the vehicle being purchased.</th> </tr> <tr> <th colspan="8">Additional Information. See this contract for more information regarding information about repayment, details of any secured agreement in it before the scheduled sale and security interests.</th> </tr> </table> TERMINATION OF AMOUNT FINANCED 1. Cash Price (excluding tax) N/A = acres inc 2. Total Downpayment s $22996.30 (1) HYUNDAI SONATA (Vehicle Brand) (Model) Gross Trade Allowance 4758.00 Less Pay Off Made By Seller 4758.00 Costs Not Included 2.00 + $3000.00 (Total repayment= negative, enter if not an amount) s 28996.30 3. Unpaid Balance or Cash Price (if minus) s $28996.30 (1) 4. Other Charges Including Amount Paid To Others On Your Behalf (Seller's may explain if these amounts) A. Cash Paid To Credit Insurance Paid To Insurer N/A B. Vehicle Single Purpose Insurance N/A C. Insurance Premiums Paid To Insurance Company Or Company N/A D. Optional Fuel Costs N/A E. Official Fees State & Government Assessments N/A F. Government Taxes Not Included In Cash Price N/A G. Government License And Registration Fees N/A H. Government Certificates Of Title Fees N/A 5. Other Charges Seller Made Early As Is Paid As General Insurance: Maintenance N/A Maintenance 3800.00 David Stanley Dodge Fee 349.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Total Other Charges And Amounts Paid To Others On Your Behalf s 4149.00 (1) 6. Amount Financed (2 is it) s 28545.00 (1) <table> <tr> <th colspan="8">FEDERAL TRUTH-IN-LENDING DISCLOSURES</th> </tr> <tr> <th>Annual Percentage Rate</th> <th>Finance Charges</th> <th>Amount of Credit</th> <th>Total of Payments</th> <th>Total Sales Price</th> <th>Total of Payments</th> <th>Your Payment Schedule Will Be:</th> </tr> <tr> <td>10.24%</td> <td>s $9348.68</td> <td>s $26845.00</td> <td>s $36193.68</td> <td>s $36193.68</td> <td></td> <td></td> </tr> <tr> <th colspan="8">Your Payment Schedule Will Be:</th> </tr> <tr> <th colspan="1">Number of Payments</th> <th colspan="1">Amount of Payment</th> <th colspan="1">Within Payments</th> <th>Month Beginning</th> </tr> <tr> <td>72</td> <td>502.69</td> <td>N/A</td> <td>10/21/2015</td> </tr> <tr> <td>H/A</td> <td>H/A</td> <td>H/A</td> <td>H/A</td> </tr> </table> <table> <tr> <th colspan="6">Insurance. You may buy the required coverage now. Ask the contract issuer (the seller from whom you bought the vehicle) whether there is a minimum amount of insurance available for the vehicle and its value. If so, you must purchase the insurance at least equal to the minimum amount unless the customer chooses to buy other insurance to obtain lower rates. The law requiring vendors to offer policies does not require you to pay for insurance until you take delivery of the vehicle. This contract issuer (the seller from whom you bought the vehicle) will notify you of your responsibility to obtain such insurance when you take delivery of the vehicle.</th> </tr> <tr> <th colspan="6">Optional Credit Insurance</th> </tr> <tr> <th colspan="6">Check the insurance you want and sign below</th> </tr> <tr> <th colspan="1">Credit Life</th> <th colspan="1">Credit Disability</th> <th colspan="1">Buyer</th> <th colspan="1">Co-Buyer</th> <th colspan="1">Both</th> <th colspan="1">None</th> </tr> <tr> <td>N/A</td> <td>N/A</td> <td>N/A</td> <td>N/A</td> <td>N/A</td> <td>N/A</td> </tr> </table> <table> <tr> <th colspan="6">Other Optional Insurance</th> </tr> <tr> <th colspan="6">N/A</th> </tr> </table> <table> <tr> <th colspan="6">Required Check Charge. You agree to pay a charge of s 25.00 if any check you give us is discounted.</th> </tr> </table> <table> <tr> <th colspan="6">OPTIONAL GAP CONTRACT. A copy of the part of this contract which covers a required creditor, credit card and life insurance policies should accompany this contract. Please read carefully and ask questions if you do not understand.</th> </tr> </table> <table> <tr> <th colspan="6">NO COOLING OFF PERIOD</th> </tr> <tr> <th colspan="6">State law does not provide for a cooling off or cancellation period for this sale. After you sign this contract, you may only cancel it if the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales.</th> </tr> </table> <table> <tr> <th colspan="6">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.</th> </tr> </table> <table> <tr> <th colspan="6">HOW THIS CONTRACT CAN BE CHANGED. The contact contains two signed agreements between you and us. Signing this contract means that by agreeing to the terms of the contract, you and we have formed a binding legal agreement to be bound by the terms and conditions contained herein. The contract will be binding on you, your heirs, administrators, and assigns, and on us, our heirs, administrators, and assigns, although any amendment to the contract must be signed by both parties.</th> </tr> </table> <table> <tr> <th colspan="6">NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights.</th> </tr> </table> <table> <tr> <th colspan="6">You agree to the terms of this contract. 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 both sides of this contract, including the arbitration provision on the reverse side, before signing below. You confirm that you received a completely filled-in copy when you signed it.</th> </tr> </table> <table> <tr> <th colspan="6">Co-Buyer Signature N/A Buyer Signature ZACHARY THEAL Date N/A</th> </tr> </table> <table> <tr> <th colspan="6">Co-Buyer Signature N/A Buyer Signature ZACHARY THEAL Date N/A</th> </tr> </table> <table> <tr> <th colspan="6">Seller agency is entered in the contract AUTO FINANCE LLC (Agreement) under the terms of Seller's agreement(s) (see Assignment of Agreement)</th> </tr> </table> <table> <tr> <th colspan="6">ORIGINAL LIENHOLDER</th> </tr> </table> OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed. b. How we will apply payments. We may apply each payment to the earned and unpaid part of the Finance Charge, to the unpaid 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, Total of Payments, and Total Sales Price shown on the front of the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sales Price will be more if you pay later and less if you pay earlier. Our contract also sets the term of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled payment with a smaller final payment. We will give you a notice telling you about these charges if either of these graduations occurs. d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financed at any time without penalty. If you do so, you must pay the earned and unpaid part of the Finance Charge and all other amounts owed before paying any principal. 2. YOUR OTHER PROMISES 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 missing. b. Unless they specifically agree: (1) we may not sell the vehicle from the U.S. or Canada, or to sell, rent, lease, or transfer any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, seizure, contamination, or adverse weather conditions. For example, if there are fees, taxes, fines, or charges on the vehicle, you agree to repay the amount when we ask for it. c. Security interest. You assign as a security interest: • All money or goods received (pledged) for the vehicle. • All insurance, maintenance, service, or other contracts we finance for you; and • All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts. This secured payment of all you owe on this contract includes any other agreements in this contract unless we say otherwise. We will set our secured interest as our right to take and sell the vehicle. You will allow any other security interest to be placed on this title without our written permission. d. Insurance you must have on the vehicle: You agree to have physical damage insurance covering loss of or damage to the vehicle for the term of the contract. The insurance must cover our interest in the vehicle. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to buy such insurance, you agree to pay all insurance premiums, and we may add them to your monthly payment as an insurance settlement to reduce what you owe or repair the vehicle. e. What happens to returned insurance, maintenance, service, or other contract charges. If we get a refund of insurance, maintenance, service, or other contract charges, you agree that we may subtract the refund from what you owe. 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late charges. You will pay a late charge on each late payment as shown on the front. Acceptance of a late payment does not excuse your 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. Default means: • You do not pay any payment on time; • You give false, incomplete, or misleading information on a credit application; • You start a proceeding in bankruptcy or one is started against you or your property; or • You breach any provision of 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. We may use an attorney. If we hire an attorney who is not our salaried employee to collect what you owe, you will pay the attorney’s fee and court costs the law permits. The maximum attorney’s fee you will pay will be 15% of the amount you owe, unless a lower limit is stated by applicable law. d. We may take the vehicle from you. If you default, we may take (repossess) the vehicle from you if we do so peacefully and if the law allows it. If your vehicle has an electronic tracking device, you agree that we may use the device to find the vehicle. If we take the vehicle, you acknowledge that equipment and replacement parts may stay with the vehicle. If there are personal items in the vehicle, we may store them for you at your expense. If you do not ask for these items back, we may dispose of them as the law allows. e. How you can get the vehicle back if we take it. If you repay all you owe after repossession, or if you return the vehicle to us, we will allow you to keep the vehicle. We will tell you how much to pay to redeem your right to redeem funds when we sell the vehicle. f. We will sell the vehicle. If you do not get it back, if you do not redeem, we will sell the vehicle. We will give you a written notice of sale before selling the vehicle. We will apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, repairing it for sale, and selling it. Amounts owed are your cost of the vehicle, plus any late charges. If there is not enough money to pay all you owe after any allowed expenses, 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 amount you owe, you must pay the rest or satisfy the law provides otherwise. If you do not pay all you owe when we sell, we may charge you interest at a rate not exceeding the highest lawful rate and you pay. 4. WARRANTIES SELLER DISCLAIMERS Unless the Seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or fitness for a particular purpose. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. 5. Used Car Buyer’s 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. Información del formulario de la ventana deja sin efecto toda disposición en contrario contenida en el contrato de venta. 6. SERVICING AND COLLECTION CONTACTS You agree that we may try to contact you in writing, by email, or using pager/credit/voice messages, text messages, and automatic telephone dialing systems, as the law allows. You also agree that we may try to contact you if you change your address or telephone numbers you provide us. Even if the law permits a cell phone number or the contact results in a charge to you, 7. APPLICABLE LAW Federal law and the law of the state of our address shown on the front of this contract apply to this contract. A R T I C L E R E V E R Y : IMPORTANT AND 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 CLAIM MEMBER ON ANY SUCH ACTION OR CLAIM 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 MAY HAVE AS A CONSUMER MAY ALSO BE LIMITED OR ABSENT. Any claim or dispute which is covered in this contract (including the Arbitration Provision, and the applicability of the claim or dispute, between you and us or our employees, agents, successors or assignees, which arises out of or relates to your credit application, purchase agreement, guaranty, lease, contract, or other agreement involving goods sold or services rendered by us or any affiliate, or their respective organization name, or our respective organization name, or any affiliate, or the respective organization name, or any affiliate, or their respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective 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organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any affiliate, or the respective organization name, or any TD Auto Finance DATE 02/19/2019 ACCOUNT NO. [REDACTED] MAKE/MODEL OF VEHICLE 2011 RAM RAM 1500 2WD BUYER'S NAME AND ADDRESS ZACHARY THEALL CO-BUYER'S NAME AND ADDRESS The following is an explanation of the amount of deficiency (or surplus, if applicable) following the disposition of your vehicle (1) Secured obligation, including late charges, return check fees, permitted legal fees and interest, finance charges or credit service charges due, at date of repossession $ 20,928.80 (2) Gross disposition proceeds. $ 6,500.00 (3) Secured obligation after deducting amount in item (2). $ 14,428.80 (4) Repossession, storage, preparation and disposition expenses, including legal fees related to the current disposition of the vehicle, if any $ 1,348.08 (5) Other credits or rebates such as insurance refunds, extended warranty or service contract refunds, or post-repossession payments $ 205.67 (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.) $ 15,571.21 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 1-866-231-9400 This communication is an attempt to collect a debt, any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt. If any recipient hereof is represented by an attorney in connection with the above-referenced account, or in connection with any bankruptcy proceeding, please provide such attorney a copy of this letter and any enclosures TD Auto Finance PO Box 551080 Jacksonville, FL 32255 NOTICE AFTER REPOSSESSION OR VOLUNTARY SURRENDER NAME AND ADDRESS (OWNER 1) NAME AND ADDRESS (BUYER 2) ZACHARY THEALL 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>2011</td> <td>RAM</td> <td>RAM 1500 2WD</td> <td>9324</td> </tr> </table> NOTICE OF SALE: Your vehicle will be offered for sale, at a private sale beginning on December 18, 2018, and from day to day thereafter until sold. A sale could include a lease or a license. The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. REMAINING CONTRACT BALANCE / RIGHT TO MONEY LEFT OVER FROM SALE: If your vehicle is sold, the money we get from the sale (after paying our reasonable costs) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If there is any money left over, we will pay this money to you, unless we must pay it to someone else. ACCOUNTING: If you want us to explain to you in writing how we have figured the amount that you owe us, you may call or write us at the number or address provided in this Notice. We reserve the right to charge you $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. ZACHARY THEALL SEE REVERSE SIDE FOR INFORMATION ON HOW TO GET YOUR VEHICLE BACK AND OTHER IMPORTANT NOTICES 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. ☐ 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>$2,010.76</td> </tr> <tr> <th>PLUS LATE CHARGES AND OTHER COSTS</th> <td>$75.39</td> </tr> <tr> <th>PLUS REPOSSESSION, STORAGE, REPAIR AND PREPARATION COSTS (To Date)</th> <td>$700.00</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>$2,786.15</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>$20,141.43</td> </tr> <tr> <th>PLUS LATE CHARGES AND OTHER COSTS</th> <td>$75.39</td> </tr> <tr> <th>PLUS REPOSSESSION, STORAGE, REPAIR AND PREPARATION COSTS (To Date)</th> <td>$700.00</td> </tr> <tr> <th>PLUS FINANCE CHARGE TO 12/03/2018</th> <td>$734.35</td> </tr> <tr> <th>SUBTOTAL OF CHARGES</th> <td>$21,651.17</td> </tr> <tr> <th>LESS REFUNDS OF INSURANCE PREMIUMS</th> <td></td> </tr> <tr> <th>GAP</th> <td>$205.67</td> </tr> <tr> <th>SUBTOTAL OF REFUNDS DEDUCTED</th> <td>(-$205.67)</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>$21,445.50</td> </tr> <tr> <td colspan="2">Your vehicle will not be sold until the date shown in the Notice of Sale section on Page 1, at the earliest. AFTER THAT DATE, BUT BEFORE YOUR VEHICLE IS ACTUALLY SOLD, YOU CAN STILL PAY THE FULL AMOUNT YOU OWE ON YOUR CONTRACT TO GET YOUR VEHICLE BACK.</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 repossesion. 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 $250 directly to [blank] for storage costs in order to reinstate or redeem your vehicle Please contact _______ at _______ for acceptable payment type(s) prior to your vehicle being returned to you at the address listed below IF YOU ARE UNDER THE PROTECTION OF THE UNITED STATES BANKRUPTCY CODE, THIS NOTICE IS SENT FOR THE SOLE PURPOSE OF NOTIFYING YOU OF YOUR STATE LAW RIGHTS, AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT PAYMENT. YOUR OBLIGATION TO MAKE PAYMENT TO US IS SUBJECT TO DISCHARGE, AND MAY HAVE ALREADY BEEN DISCHARGED, IN BANKRUPTCY. ENTRY OF THE DISCHARGE ORDER IN YOUR BANKRUPTCY CASE RELEASES YOU FROM PERSONAL LIABILITY TO MAKE PAYMENT TO US. If you have any questions about the sale of your vehicle or any other matters covered in this Notice, please call or write us. We are available at the phone number below from 8:00 AM to 8:00 PM Eastern Time, Monday through Friday. MAKE PAYMENT TO TD Auto Finance PO Box 551080, Jacksonville, FL 32255 PHONE NUMBER 866-659-1173 DATE NOTICE MAILED 12/03/2018 MAIL TYPE [X] First Class Mail [ ] Certified Mail TD Auto Finance NOTICE OF DEFAULT AND THE RIGHT TO CURE AND INTENTION TO REPOSSESS NAME AND ADDRESS (BUYER 1) ZACHARY THEALL NAME AND ADDRESS (BUYER 2) You are in default of your Retail Installment Contract dated 09/06/2016, on your vehicle described below YEAR: 2011 MAKE: RAM MODEL: RAM 1500 2WD VEHICLE IDENTIFICATION NUMBER: 9324 NOTICE OF DEFAULT: You are in default of your contract because [ ] You are late in making your payment(s). We may have accepted late payments in the past. Nevertheless, we demand prompt payment now and in the future under the terms of your contract. [ ] You have failed to observe the following requirement(s) of your contract Following is the detail of your past due payment(s) PAST DUE PAYMENTS <table> <tr> <th></th> <th>DUE DATE</th> <th>$</th> </tr> <tr> <td>DUE DATE</td> <td>09/21/2018</td> <td>502.69</td> </tr> <tr> <td>DUE DATE</td> <td>08/21/2018</td> <td>502.69</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>50.26</td> </tr> <tr> <td>PLUS MISCELLANEOUS FEES</td> <td></td> <td>30.30</td> </tr> <tr> <td>PLUS ADDITIONAL PRINCIPAL DUE - Simple Interest Only</td> <td></td> <td>0.00</td> </tr> <tr> <td>AMOUNT NOW DUE (not including amounts that become due after the date this notice is mailed)</td> <td></td> <td>1,055.64</td> </tr> </table> The LAST DAY FOR PAYMENT/CURE is 10/29/2018 RIGHT TO CURE THE DEFAULT: You have a right to correct your default until the LAST DAY FOR PAYMENT/CURE (above) by paying us the AMOUNT NOW DUE (above) and any other amounts that may become due before you cure the default and correcting any other nonpayment default that exists. If you do so, you are no longer in default and you may continue with the contract as though you did not default. NOTICE OF INTENT TO REPOSSES: If you do not cure your default as provided above, we may exercise rights against you under the law. Our rights include the right to repossess the vehicle without further notice to you or court proceeding. We may, in some cases, sue you to obtain a judgment to require you to pay your entire remaining contract balance. If the vehicle is repossessed, or voluntarily surrendered, it may be sold and you may owe the difference between the net proceeds from the sale and remaining balance due under the contract. You may be obligated to pay reasonable costs of collection, including, but not limited to, court costs, attorney fees and collection agency fees. 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 MAKE PAYMENT TO TD Auto Finance PO Box 16055, Lewiston, ME 04243-9517 PHONE NUMBER (800) 556-8172 MAILING I certify that on the date indicated below I sent by [X] First Class Mail [ ] Certified Mail a copy of the above notice to the person(s) at the address(es) stated in the above notice. SIGNATURE: Melissa Johnson TITLE: Agent DATE CERTIFIED / DATE MAILED: 10/17/2018