Complaint Filed

Cal. Super. - 6th Dist.May 4, 2021

PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY LAW OFFICES OF PATENAUDE & FELIX, A.P.C. Raymond A. Patenaude (#128855) / Stephanie J. Boone (#160182) Angie Hong Hoar (#212152) / Robert W. Wright (#276653) / Dean Keshavarz (# PL-496493) 9619 Chesapeake Drive, Suite 300, San Diego, CA 92123 TELEPHONE NO.: (858) 244-7600 FAX NO. (Optional): (858) 836-0318 E-MAIL ADDRESS (Optional): Angie.Hoar@pandf.us ATTORNEY FOR (Name): VEROS CREDIT, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY STATE AND ZIP CODE: BRANCH NAME: 701 OCEAN STREET 701 OCEAN STREET SANTA CRUZ CA 95060 SANTA CRUZ COURTHOUSE PLAINTIFF: VEROS CREDIT, LLC DEFENDANT(S): GUILLERMO CHABLE, and DOES 1 through 15, inclusive CONTRACT COMPLAINT AMENDED COMPLAINT (Number): CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number) Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint from limited to unlimited from unlimited to limited CASE NUMBER: 1. Plaintiff* (name or names): VEROS CREDIT, LLC alleges causes of action against defendant(s)* (name or names): GUILLERMO CHABLE, 2. This pleading, including attachments and exhibits, consists of the following number of pages: 11 3. a. Each plaintiff named above is a competent adult except plaintiff (name): VEROS CREDIT, LLC (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): a Limited Liability Company, qualified to do business in California. (3) other (specify): b. Plaintiff (name): a. has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. has complied with all licensing requirements as a licensed (specify): c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant(s) named above is a natural person except defendant (name): (1) a business organization, form unknown (2) a corporation (3) an unincorporated entity (describe): (4) a public entity (describe): (5) other (specify): except defendant (name): (1) a business organization, form unknown (2) a corporation (3) an unincorporated entity (describe): (4) a public entity (describe): (5) other (specify): *If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use Judicial Council of California PLD-C-001 [Rev. January 1, 2007] COMPLAINT-Contract Code of Civil Procedure, § 425.12 CA_06 EFile Complaint Contract P&F File No. 21-11402 ELECTRONICALLY FILED Superior Court of California County of Santa Cruz 5/4/2021 3:38 PM Alex Calvo, Clerk By: Sandra Gonzalez, Deputy 21CV01149 PLD-C-001 SHORT TITLE: VEROS CREDIT, LLC VS. GUILLERMO CHABLE, CASE NUMBER: 4. (Continued) b. The true names of defendant(s) sued as Does are unknown to plaintiff. (1) Doe defendant(s) (specify Doe numbers): were the agents or employees of the named defendant(s) and acted within the scope of that agency or employment. (2) Doe defendant(s) (specify Doe numbers): 1 through 15 are persons whose capacities are unknown to plaintiff. c. Information about additional defendants who are not natural persons is contained in Attachment 4c. d. Defendant(s) who are joined under Code of Civil Procedure section 382 are (names): 5. Plaintiff is required to comply with a claims statute, and a. has complied with applicable claims statutes, or b. is excused from complying because (specify): 6. This action is subject to Civil Code section 1812.10 Civil Code section 2984.4. 7. This court is the proper court because a. a defendant(s) entered into the contract here. b. a defendant(s) lived here when the contract was entered into. c. a defendant(s) lives here now. d. the contract was to be performed here. e. a defendant(s) is a corporation or unincorporated association and its principal place of business is here. f. real property that is the subject of this action is located here. g. other (specify): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): Breach of Contract Common Counts Other (specify): Refer to Other allegations in number 9. 9. Other allegations: Before commencement of this action, in those cases where recovery of costs is dependent on such notices, Plaintiff informed the defendant(s) in writing it intended to file this action and that this action could result in a judgment against defendant(s) that would include court costs and necessary disbursements allowed by CCP Section 1033(b)(2). 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damages of: $4,788.92 b. interest on the damages (1) according to proof (2) at the rate of (specify): ________ percent per year from (date): c. attorney's fees (1) of: (2) according to proof: In accordance with the terms of the contract and the Automobile Sales Finance Act (Civil Code section 2983.4) or the Motor Vehicle Leasing Act (Civil Code section 2988.9), and in a reasonable amount pursuant to the Court’s default schedule (in the event of a default) or in amount according to proof at trial. d. other (specify): For such other relief as the Court deems just and fair. 11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: April 05, 2021 [ ] RAYMOND A. PATENAUDE [ ] STEPHANIE J. BOONE [ ] ANGIE HONG HOAR [X] ROBERT W. WRIGHT [ ] DEAN KESHAVARZ ► (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLD- C-001 [Rev. January 1, 2007] COMPLAINT-Contract Page 2 of 2 CA_06 EFile Complaint Contract P&F File No. 21-11402 PLD-C-001(1) SHORT TITLE: VEROS CREDIT, LLC VS. GUILLERMO CHABLE, CASE NUMBER: FIRST (number) CAUSE OF ACTION-Breach of Contract ATTACHMENT TO Complaint Cross-Complaint (Use a separate cause of action form for each cause of action.) BC-1. Plaintiff (name): VEROS CREDIT, LLC alleges that on or about (date): September 19, 2019 a written oral other (specify): agreement was made between (name parties to agreement): VEROS CREDIT, LLC and GUILLERMO CHABLE, A copy of the agreement is attached as Exhibit A, or The essential terms of the agreement are stated in Attachment BC-1 are as follows (specify): Defendant(s) entered into a written contract with Plaintiff, whereby Plaintiff loaned money to Defendant(s) for the financing of motor vehicles sale or lease. The terms and conditions under which Defendant(s) agreed to repay Plaintiff for the monies loaned are set forth in a written purchase contract/lease and /or loan agreement between the parties. Defendant(s) indicated his/her/their consent to be bound by these terms either by an authorizing signature on the agreement or by Defendant(s) taking possession of and using the vehicles and monies provided by Plaintiff. BC-2. On or about (date): March 19, 2020 Defendant breached the agreement by the acts specified in Attachment BC-2 the following acts (specify): Defendant(s) failed to make payments on the contract as agreed and, despite Plaintiff's demand Defendant(s) continues to refuse to pay Plaintiff the amount owed under the contract. Defendant(s) is in default and, such under the terms of the contract Plaintiff is entitled to the unpaid balance, attorney's fees and costs. BC-3. Plaintiff has performed all obligations to Defendant(s) except those obligations Plaintiff was prevented or excused from performing. BC-4. Plaintiff suffered damages legally (proximately) caused by Defendant's breach of the agreement as stated in Attachment BC-4 As follows : 1. The principal sum of $4,788.92; 2. Costs of suit; 3. For such other and further relief as the Court deems just and fair. BC-5. Plaintiff is entitled to attorney fees by an agreement or a statue of $ according to proof: In accordance with the terms of the contract and the Automobile Sales Finance Act (Civil Code section 2983.4) or the Motor Vehicle Leasing Act ( Civil Code section 2988.9), and in a reasonable amount pursuant to the Court's default schedule (in the event of a default) or in amount according to proof at trial. BC-6. Other: Page ______1______ Page 1 of 1 Form Approved by the Judicial Council of California PLD-C-001(1) [Rev. January 1, 2007] CAUSE OF ACTION-Breach of Contract Code of Civil Procedures, § 425.12 CA_05A EFile Breach of Contract P&F File No. 21-11402 EXHIBIT "A" w 553-CA-AnB-eps 7/16 'HETML INSTALLMENT SALE CONTRACT - SNPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Beater Number 95435 Contract Number ROB. Hum Stock Number m Buyer Name and Address {Including 0mm! and Zip Code) GUILLERMO RAMIREZ UNABLE 300 SUNSET VISTA DR WATSONVILLE. CA 95076 Ce-Buyer Heme and Address [Including Corny and a]: Code) Seller-Creator (Name end Auras} SALINAS AUTO SALES 10WELBURN AVE GILROY. CA 95020 You, the Buyer (and (IO-Buyer. if any}. may buy or: an pages uI this contacl. You agree Io pay Ihe Seller - CrodiIur {sometimes 'we" thevehiclebekmtorcaoronmd or'm“iniscontlactlthe B}- eigning this comm. you choose Io hay me vehicle on crew under re agreements Ammnr Fnanced and Finance Charge in us. tunes accordingto the payment scheme below. 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I Soleramasmpaymapayoamomdmnashmcmonm BahrainTmda-JnWlslbmeiedarormofmendo-inwhidsl.whmjhacm payoamrlsmuraxanhamtmmmmCtod‘nurLaasaMmehTradaJnVmls},mmwmhmmnmassondemndmoachawIammh lassllanlearmmshmashePanmdlwLaaseBalanminTmde-In..vuiue{s}.8elauilmfurldbwuwmageSellamceivesfrunpurpmlamorhswfmas Minme'm’CE‘cn 5 lhlsoomact.my-zigmofmmwlmtbedgaiedhpaym-PurcmumdmeminTrade-In'ldmslnramrdmd.am Sign-mm: ' magnum: NM HWTHSCON'I'RAC‘I’CAN BE MGEnThis contract contains {he shire agreemenl batman you and us relaling to thismummmemm-m muslbe in arming andhomyo and mum sign it. oral a areblndlng. WA SELLERSRWTOCMLIIRaymondCo-Buyera‘gnhummprw'niwaomemmmwmmmsdmmmnswhmhmmma Imem this to-anma‘u' ' ' “you.3"“.. y If Mmx NM THE MINIMUM PUBLIC LilElLiTY INSUEINCE LIMITS PROVIDED IN LAW IIIJST BE MET BY EVERY PERSON WHO PUHGHhSES RYEHICLE. IF YOU RE UNSUHE WHETHER DR NOT YURUE'CUHHEHT INSUMNGE POLICY WJLL COVER YOUR NEWLY ACQUIRED VEHICLE {III THE EVENT OF AH ROClDENT, YOU SHOULD OONIAC'I YOUR INSURIINCE AGENT. WA N E: ' YOUR PRESENT POLICY MAY NOT COVER COLLISION DMMGE 0R MAT HOT PROVIDE FOH FULL HEPMCEMENT COSTS FOR THE VEHICLE BEING PURCHSED. IF VOIJ DO NOT HAVE FULL COVERAGE SUPPLEMENTAL COVERAGE FOR COLLISION DhMAGE MY BE WIuBLE TOYULI THROUGH TOUR [NSCRINCE AGENT OR THROUGH THE EELLDIGDElLER. HOWEVER. URLESS OTHERWISE SFEUFIED. THE COVERAGE YOU OBTIIH THROUGH THE DEALER PHOTECTS ONLY THE DELEH. USUALLY UP TO THE AMOUNT OFTHE UNPMD BALMICE RETAINING AFTER THE VEHICLE HAS BEEN REPOSSESSED AND SOLD. FOR ADVICE OH FULL COVEHAOE THAT WILL PROTECTYCU IN THE EVENT OF LOSS OR DAMAGE TOYOUR VEHICLE, VOLT SHOULDCOIITACTYOUR IISUHMICE AGENT. 'TI'IE BUYER 5HA7LfIGN To RCUNUWLEDGE THhT HEJ'SI‘IE UNDERSTMIOSTHESE PUBLIC LIEILITY TERMS MID CONDITIONS. sis: Q/L er (36.5414! x ma ' .cneorr msAaILm msunmcE Home cum Pnocenuns if you become disaUad. you must tell us right away. (You are advised to send this information to the same address to which you are nurrnally required 1a sand your payments. unless a different address or telephone number is given to you in writing by us as the location where we woud like to be notied.) We will toll you where to get claim forms. You must send in the completed form to ihe insurance company ss-soon as possibleand tut us as soon as you do. _ It your disability insurance covers all of your missed paymentIs}. WE CANNOT TRY TO COLLECT WHAT YOU OWE 0R FORECLOSE UPON OR REPOSSESS ANY COLLATEHAL UNTIL THREE CALENDAR MONTHS AFTER your rst missed payment ls due or until the insurance company pays or reiecis your claim. whichever comes rst. We an, however, try lo select, foreclose. or repossess if you have any money dueand owing us or are otherwise In default when your disability claim is made or it a senior mortgage or lien holder is toredosing. If the ineurenoe company pays the claim within the three calendar months. we must accept the money as though you paid on time It theinsurance company rejects the claim within the three calendermonths or accepts the claim within the three calendar months on a partial d'reabityand pays less than for a total disability. you will have 35 days from the date that the reiection crthe acceptance of the partial disability claim issent to pay past due payments. or the dittorence between the past due payments and what the insurance com peny pays tor the partial disability. plus late charges. You can contact us, and we will tell you how much you owe. After that time. we can take action to collect or foreclose or repossess any collateral you may have given. y If the Insurance company accepts your claim but requires that you send in additional forms to remain eligible for continued payments, you shouldsend in these completed additional torrns no later than required. ti you do not send in these forms on time. the insurance company may stop paying. and we will than be able to talus action to cutest or foreclose or repossess any collateral you may have given. mega-x INT/W I“? uwsascaneemmsvr Pageant: OTHER IMPOHTRNT AGREEMENTS 1. HNANOE CHARGE AND PAYMENTS ' a. c. How w wll figure Flume Charge. We wil gure the' Finance Charge on a daily basis at the Annual Percentage Hate on the unpaid part oi the Amount Financed. Salter - Creditor may receive part of the Finance Charge. 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. Haw late payments er early payments change whet yeu must pay. We based the Finance Charge. Total ct Payments. and Total Sale Price shown on page 1 of this contract on the assumption that you will make every payment on the day it is dueYour Finance Charge. Total cl Payments, and Total Sale Price will be more il you pay late and lass it you pay early. Changes may take the form of a larger or smaller final payment or. at our option. more 0r fairer payments oi the same amount as your scheduled payment with a smaler iinal payment. We will send you a notice telling you about these changes before the final scheduled payment is due. Vou may prepay. You may prepay all or part cl the unpaid part of the Amount Financed at any lime. If you do so. you must pay the earned and unpaid part ct the Finance Charge and all other amounts due up to the date oi your payment. As oi the date cl your payment. if the minimum nance charge is greater than the earned Finance Charge, you may be charged the dilference; the minimum nance charge is as follows: {1] $25 if the original Amount Financed does not exceed $1 .000. (2i $50 il the original Amount Financed is more than $1.000 but not more than $2,000. or (3} $75 if the original Amount Financed is more than $2.000. 2. YOUR OTHER PROMISES TO US WMXMMEBWWKWA ll the yehlcte ia damaged. destroyed, or mining. You agree to pay us all you owe under'this contract even il the vehicle is damaged. destroyed, or missing. GAP LIABILITY NUHCE In the event ot theh or damage to your vehicle that results in a total toes. there may be a gap between the amount you owe under this contract and the proceeds oi your insurance settlement and deductible. THIS CONTRACT PROVIDES THAT YOU AFIE LIABLE FOFl THE GAP AMOUNT. An optional debt cancellation agreement for coverage of the gap amount may be uttered for an additional charge. Using the vehicle. You agree not to remove the vehicle from the U.S. or Canada. or to sell. rant. lease. or transfer any interest in the vehicle or this contract without our written permission. ‘th agree not to expose the vehicle to misuse. seizure. confiscation, or involuntary transler. Ii we pay any repair bills, storage bills. taxes. nes. or charges on the vehicle. you agree to repay the amount whenwe asst tor it. Security Interest. You give us a security interest in:- The vehicle and all parts or goods putort it:- All money o'r goods received (proceeds) br the vehicle: - All insurance. maintenance. service. or other contracts we tinance for you; and o All proceeds from insu ranoe. maintenance. service. or other contracts we nance for you. This includes any refunds of premiums or charges irom the contracts. This secures payment ot all you owe on this contract. it also secures your other ageements in this contract as the law allows. You will make sure the title shows our security interest (lien) in the vehicle. You will not allow any other security interest to be placed on the title without our written pennission. d. Insurance you rntrat have on the vehie. You agree to have physical damage insurance covering loss of or damage to the vehicte for the term of this contract. The insurance must cover our interest in the vehicle. It you do not have this insurance. we may. ‘rt we choose. buy physical wage insurance. ll we decide to buy physical damage insurance. we may either buy insurance that covers your interest and our interest in the vehicle. or buy insurance that covers only our interest. If we buy either type or Insurance. we will tell you which type and the charge you must pay. The charge will be the premium tor the insurance and a finance charge computed at the Annual Percentage Rate shown on page 1 oi this contract or. at our option. the highest rate the law permits. It the vehicle is lost or damaged. you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle. What happens to returned insurance, maintenance. eervlce.orothercentradchargea. Itwegeta retundct insurance. maintenance. service. or other contract charges. you agree that we maysubtract the refund tram what you owe. a. tF YOU PAY LATE DR BREAKmun OTHER PROHISES a. You may owe late charges. You will pay a late charge on h. each late payment as shown on page 1 ct this contract. Acceptance ct a late payment or late charge does not excuse your late payment or mean that you may heap making late payments. If you pay late. we may also take the steps described below. Yeumayhevetopayaltyeueweetencemyoubreak your promises (datum. we may demand that you pay all you owe on this contract at once. stbject to any right the law gives you to reinstate this contract. Default means: - You do not pay any payment on time:- You give talse. incomplete. or misleading information on a credit application: a You start a proceeding in bankruptcy or one is started against you or your property; I The vehicle is lost. damaged or destroyed; or r You break 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. You may have to pay collection coats. You will pay our reasonable costs to collect what you owe. including attorney tees. court costs. collection agency lees, and tees - paid tor other reasonable collection ellorls. You agree to pay a charge not to exceed 815 if any chedt you give to us is dishoncred. d. We may talte the vehicle from you. it you default. we may take (repossess) the vehicle irom you if we do so peacefully and the law slows it. It your vehicle has an electronic tracking device. you agree that we may use the device to rind the vehicle. Il' we take the vehicle. any accessories. equipment. and replacement parts will stay with the vehicle. it any personal items are in the vehicle. we may store them tcr you at your expense. It you do not ask for these items back. we may dspose ot them as the law allows. How you can get the vehicle back tl we take it. If we repossess the vehicle, you may paylo get it back (redeem). 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 oi insurance. andlor taking other action to cure the deiaultWe will provide you all notices required by law to tell you amen and how much to pay andror what action you must take to maem the vehlde. LAWWARE-opsms vi Page 4o! I I. Wlwloalltheuhlchyoudonotlbamyau. . . 6. SERVICING AND COLLECTMN CONTACTS ag; gigg‘ergghzgggl send w" a You agree that we may try to contact you -in writing. by a-mail. or We Wm app. the mo mmgma ads {ass a] us§ng praraoordadrartiflcial voice messages. text messages, and' enses to {he amour u m A" 'I ex “3650?; automatic telephone dlang systems. as the law allows. You aiso9x9 ' 3° ‘ . p . agree that we may try to contact you in these and other'ways atwas“ we ”a? as. a d'm raw" of “km the Whme' any address or tebphone' number you provide us even if the“dam I" ”Emma '1 f” “1.9- and samng 't' Amway fees telephone number is a cell phone number or the contact results inand court costs the law permits are also allowed expenses. a sham Io You agree “m you "in within all any money is left (surplus). we wil pay it to you unless the m. not"! 5'3: d, a I" r add a,law requires us to pay it to someone else. If money lrorn the "V m you m’ m' sale is not enough to pay the amount you owe, you must ' pay the rest to us. It you do not pay this amount when we 7 APPLICABLE LAW g5!“ “'9 may Charge You “area! at the Annual Percentage Federal law and California law apply to this contract. ll any pan a!ate shown on page 1 of this contract. not to exceed the mis contract is Hm valid a" Omar parts stay valid We may Mayhigh”! rate parmmm by law' "m.“ You pa!" . or refrain from enforcin'g any oi our rights under this contract‘3' Wh" "a” mandating: ggga iggr ' mam" without losing them. For example. we may eulend the time tor cownmta'cin Ic”na'r" t . . ' . 3y making some payments without extending the time for makinggee tor optional Insurance. maintenance. other;service. or other contracts. It we demand that you pay all ° you owe at once or we repossess the vehicle. you agree m WARRANTIES OF BUYERthat we may claim benets under these contracts and cancel them to obtain reiunds of unearned charges to reduce what you owe or repalr the vehicle. ll the vehicle is' a total loss because it is confiscated. damaged. or stolen. we may claim benefits under these contracts and cancel them to obtain relun$ of unearned charges to reduce what you owe. 4. WARRANTIES SELLER DISCLAIMS ll you do not got a written warranty. and ma Seller does not enter into e service contract within so days from the date at this contract. the Seller makes no warranes. express or implied, on the vehicle, and there will be no implied warranties of merchantability or ol tness for a particular Puma . .This provision does not aftect any warranties covering the vehicle that the vehicle manutacturer may provide. It the Seller has sold you a certified used vehicle, the warranty cl merchantability is not disclaimed. .Used Car Buyers Guide. The intormation you sea on tho. . h. Seller shall give you written notica (or in any other manner in which rlmnudmotligrrgnhtgethngicgr emiranm-dogs "an“; Gear's; actual notice is given to you] within 10 days oi the date this contractmuons in me contract 01 “la. is signed rl Solar elects to cancel. Upon receipt of such notice. you Spanish Tmnann. mil-a pm comm“ e “hm“ must Immediately return the vehicle to Seller m the same condition La humid" we n m .I Who d. I! as when sotd. reasonable wear and tear excepted. Seller must give wanna.“ “hm“, tum... Pm... del pm.” backrtc Iycu allconsideralron received by Seller. including any trade- contrato. La lntorrnacldn del tormulado de Ia venhnllla do a '1 ”a 'c e‘ . . . . sin elects tods disposicién on contrarlo conunids an is! c‘ H 7°“ d° "m 'V‘mamy mm" the mh'da' W“ an?“ be "able k” comm a, mu. all expense.s Incurred by Seller In taking the vehicle from you. Includng reasonable attorney’s tees. d. While the vehicle is in your possession. all terms ol the contract. You promise you have given true and correct inionnation in your application tor 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 dowments and other intormaticn necessary to verify any item contained in your credit application. You waive the provisions oi Calif. Vahicte Code Section 1808.21 and authorize the California Department of Motor Vehldes to furnish your residence address to us. a. Seler agrees to deliver the vehicle to you on the date this contract Soler's Right to Cancel is signed by Seller and you.Ycu understand that it may tales some time tor Seller to verily your credit and assign tho contract. You agree that if Seller is unable to assign the contract to any one of the nancial institutions wim whom Seller regularly does business under an assignment acceptable to Solar. Seller may cancel the contract. including those relating to use oi the vehicle and insurance tor the vehicle. shall be in iull iorce and you shall assume all risk of loss or damage to the vehicle. You must pay all reasonable costs tor repair of any damage to the vehicle until the vehicle is returned to Seller. NOTICE: ANY HOLDER 0F THIS CONSUMER CREDIT CONTRACT IS SUBJECTTO ALL CLAIMS AND DEFENSESWHICHTHE DEBTOR COULD ASSEHT AGAINST THE SELLER OF GOODS OR SERVICES OBTAlNED PURSUANT HERETO OR géTBlj'EtAEHPERROEf-IEEDDESRHEREOF. RECOVERY HEHEUNDEH BYTHE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BYTHE The preceding NOTICE applies only to goods or services obtained primarily for personal. family or household use. In all othercases. Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller. or against the manufacturer of the vehicle or equipment obtained under this contract. diversions): EEJJI‘UW (Lobggweigmx NM morocco-tuneup: ms yr Page sot r NIA Muhhuymmoomt- mbmrmmmmormmwmwmhmmzpwmmhdhau Minmdmlswmwmpmhhmmdueummagmmnal Emmll dau mmmym W _ um twm gbenpomwdwumbemham lyhmmmmwmhmlmMlmMumMhmMhm I Water-hagLII-Hermann“:armIvmud!mamathemInn-y,mamrmIMI-MymanlmlpwmrmmméfRuminlullqmnymmhnmud.MummugmmIWmymmmmummmmwlanhlmMhmmwqmhwmamimmWwMm-mhlawman“ lmnunmghvw (“a 5a,: “magnum; MIA The Annual Percentage Rate may be negotiable with the Selle; The Sellermay assign this contactand retain its right to receive a part of the Finance Charge. THERE Is no coouuwr Pinon UNLESS You OBTAINmomma CANCELLATION ornau “3" WEE 7° “‘5 W5 ‘1‘ “'3m W“ .mmaemmmr mammawummumm. amulmmmum: mm?"fgg‘mm mmmmmis'mhh dmwl'hlmllli llimHum‘IIhdm llf gm 0F THIS mum mum THEMIME”mlmmmm mwmmilhfhalln MWHWS 5mm mmonmnopmmmmmWWWIMTMSWMHMHMW mmn ammw EWMMIM .lf a“ Wcmurm‘nm‘m'mmmmwmwmhmmm “WISHING WHMMHWWH memmumn: Buyer Signature X Mao-Buyer Signature X "m Date NM Co-BuyorsandOltmOunm-Acobuyerisapersonmummbrpay‘ngtheamw.mmmrisapersmmnm§smmnammevdidemmm mummy”dehLTmomormragreesmmemwmmhmmmgiwnMushmiscmm. WWW! WA Adams NM ”MYmMHmmsdmaMb .m m: asamammm mum minimum” sh an uni mmmmnmamnmm mithmaddlmmarnmum humane mWammnuGmangmmmsawmw ’WanEAdu-mmmanm FlambelnamnHudson”:mdlmmngswwmhnawmmmmmyamumm:{agnahlumdmnawmmwé’érdmmm qwmmnw mw mm|smrw u amenil'elairgto lsm etnrmm End-I WWHMM 'mmardgmmlyalmimdm GumnhumalusnmuimmolmmarammnoticeonhaBuyu'smn-paymmwww.mdafammndmmdummumumy-mmamdaymandsmnmem. WK NM m_NlAg_, Guam! MA Damhwéw- Adam N13 Address ' "mA J-lmm; m 9192019 a, Tmr 7- f auwsmnsx M C Hooauyarsumx Nth “wees-CAM mew Pageant? ARBITHAMN PROVISDN PLEASE REVIEW - IHPOH’I'ANI’ - AFFECTS YOUR LEGAL RIGHTS 1. EITHEYR YOU OH WE HAY WOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURTDR B .JIJHYTHIAL. 2. IF A DEPUTE IS ARBITRETEDJOUWILL GIVE UP YOUR RIGHTTO PARTICIPATE is A CLASS REPRESENTATIVE OR CLASS MEMBER 0N ANY GLASS CLAIM YOU MAY HAVE AGAINST US INGLUDING ANY BIGHTTO CLASS ARBITRATION OB Am CONSOLIDATION OF INDIVIDUAL AHBITRATDNS. 3. DISCOVERY AND HIGHTSTO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHERRIGHTS THATVOU ANDWE WOULD HAVE DI COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute. whether in contract. tort. statute or otherwise (inducing the interpretation and scope of this Arbitration Pravision. and the arbitrabil'rty of the claim or dispute). between you and us or our emp as. agents. successors or assigns. which arises out of or relates to your credit application. purchase or condion of this vehicle. t is contract or any resulting transaction or relationsz (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 subiect to binding arbitration, thisArbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrator! 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 Fioor. New York, New York 10019 W). or any other organization to conduct the arbitrahtion subject to our approval. You may gel a copy of the rules of an arbitration organization by contacting the organization or visitingits we site. Arbitrators shall be attorneys or retired iudges and shell be selected pursuant to the applicable ruies.The arbitrator shall apply governingsubstantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in me federal district in wiioh youreside unless the Seller-Creditor is a pa to the claim or rspute. in which case the hearing will be‘heid in the federal district where this contract was executed. We will pay your ling. administration. service or case management tee and your arbitrator or hearing tee all upto a maximum oi $5000, unless the law or the rules oi the chosen amitration organization require us to pay more. The amount we pay may be reimbursed in whole or in part by decision oi the arbitrator it the arbitrator finds that any oi your claims is frivolous under applicable law. Each party shell be responsible for its own attorney. expert and other lees. unless awarded by the arbitrator under applicable law. It the chosen arbitration organization's rules conict with this Arbitration Provision, then the prov'sions oi th' ArbitrationProvision shal control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 at. seq.) and not by any state law concerning arbitration. Any award by the arbitrator stroll be in writing and will be linal and binding on all parties. subject to any limited right to appeal under the Federal Arbitration Act. Ybu and we retain the right to seek remedies in small claims court tor disputes or claims within that court'sjurisdiction. unless such action is transferred. removed or appealed to a ditlerent court. Neither you nor we waive the right to arbitrate by using self-help remedes. suchas repossession. or by tiling an action to recover the vehicle. to recover a deciency balance. or for individual iniunctive relief. Any court having jurisdiction may enter judgment on the arbitrator‘s award. This Arbitration Provision shall survive any termination. payoli or transieroi this contract. ti any part or this Arbitration Provision. ctiter than waivers of class action rights, is deemed or found to be unenforceable for any reason. the remainder shall remain enforceable. Ii a waiver oi ciass action rights is deemed or found to be unentorceabie for anyreason in a case in which class action allegations have been made, the remainder oi this Arbitration Provision shall be unenforceable. Solar assigns its hierest in this contract to VQJ'Ds Cred H'- iAssigieei under the terms oi Sellers agreementisi with hospice.Eemnnmrse Dwmay/ Unusuaumnimiaamz 1/--"_suusa nas nuro SALES or! MM no l" Cr:We I lw' roan rro.mane-cps remW5 TheMW and Romll Cwa”&%“nw.‘mmmmggumeha _ uwmcamapa ms vr page 7 or r