Declaration CCP 585

Cal. Super. - 6th Dist.May 3, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/29/2021 12:00 AM Reviewed By: A. Villanueva Case #21CV381228 Envelope: 7741451 21CV381228 Santa Clara - Civil A. Villanueva SALNDEGO. CA 931 33 THJE: (SSSJEfl-Ffiofl F9);- [558) 836-0318 ATTORREYS AI LA“? 9619 GESAPEAKE BREE SUITE 300 PATENAUDE & FELIX, APC 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 LAW OFFICES OF 900- I 779 PATENAUDE 8: FELIX, A.P.C. Raymond A. Patenaude, Esq. (#128855) Stephanie J. Boone, Esq. (#160182) Dean Keshavarz, Esq. (#PL-496493) Carolyn S. Elliott, Esq. (#335870) Kaden D. Byron, Esq. (#333158) 9619 Chesapeake Drive, Suite 300 San Diego, California 92123 Tele: (858) 244-7600 Fax: (858) 836-0318 Attorneys for Plaintiff VEROS CREDIT, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA, SANTA CLARA CIVIL DIVISION VEROS CREDIT, LLC, Case No. 21CV381228 Plaintiff' AFFIDAVIT IN SUPPORT 0F REQUEST v. FOR ENTRY 0F DEFAULT JUDGMENT C.C.P. 585(d)]SERGIO A CASTILLO, [ and DOES 1 through 15, inclusive, [C'C'P' 3287(a)’ 2933'2(a)(9)] EVIDENCE CODE, SECTION 1553 Defendant(s). _ IsMMM- state: 1. I am a custodian of records for Plaintiff. VEROS CREDIT, LLC, (hereinafter "PLAINTIFF" ) licensed to d0 business in California, and am authorized to make this declaration on its behalf. 2. The information contained in this affidavit is based on facts within my personal knowledge and 0n business records of PLAINTIFF that are within my custody and control 0r to which I have access. Such records, copies of which are attached to this affidavit are kept by PLAINTIFF in the regular course of business. If called as a witness I would competently testify thereto. HH AFFIDAVIT 1N SUPPORT OF REQUEST FOR ENTRY 0F DEFAULT JUDGMENT CA_22|3 Al’t‘idavil Auto Contract P&F File No. 20-771 l9 Client Rel‘# 000900lUXXXI 1779mm ‘2. (SSS) 836-0318 IL PATENAUDE & FELIX. APC ATIOKVEYS AT LAW 9619 G'IESAPLA‘JE DRIVE. SUITE 300 SA_\DEEGO. CA 93133 TILE: (858)244-7600 10 ll 12 l4 15 16 I7 18 l9 20 21 22 23 24 25 26 27 28 3. After a diligent search, I have been unable to obtain and do not have the original documents attached hereto as exhibits 0r the original Agreement. The originals were not destroyed intentionally or for the purpose of perpetrating a fraud. Rather, the originals arc merely deemed to have been misplaced. 4. PLAINTIFF respectfully requests that this Court accept the attached copies of documents, which were originally imaged by PLAINTIFF into computer storage. Such copies are admissible pursuant to California Evidence, Section 1553 which specifically provides for the admissibility of duplicates to the same extent as originals unless a question is raised as to the admissibility of the original. 5. During the course of my employment with PLAINTIFF. I have become familiar with how PLAINTIFF's business records are prepared and maintained, and am required t0 rely upon and deal with the information contained in the records. I have found the information in the records to be trustworthy and reliable. 6. Defendant(s) purchased a 2009 DODGE RAM 1500 SLT, VIN# 1D3HB13P291508058 from BAY AREA CAR SALES LLC located at San Jose, CA. Attached hereto as Exhibit " l " and incorporated herein by reference is a true and correct copy of the Retail Installment Sale Contract signed by Defendant(s) which contract was assigned to VEROS CREDIT, LLC. 7. Defendant(s) defaulted on his/her/their payment obligations, and VEROS CREDIT, LLC repossessed the vehicle on December l3, 2019. Pursuant lo California Civil Code section 2983.2, a Notice 0f Our Plan to Sell Property was sent to Defendant's last known address on December 23, 2019 by first-class mail, postage prepaid. (attached hereto as Exhibit "2" and incorporated herein by reference) //// 2 AFFIDAVIT IN SUPPORT 0F REQUEST FOR ENTRY OF DEFAULT JUDGMENT CA_2'ZB Affidavit Auto Comrac! P&F File No. 20-771 l9 Client Reffl 000900|0XXXI 17791010 23 ATIORNIYS AT LAW 9619 GESAPEAKE DRIVE. SUITE 3 SABDEGO. CA 921 PATENALDE & FELIX. AFC 11E: (858)244-T600 FA): [858) 836-0318 ll l2 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. The vehicle with a low condition grade was sold to the highest bidder for $1,700.00 at private auction in a commercially reasonable manner more than fifteen (15) days after the date of the notice letter. The Bill of Sale is attached hereto as Exhibit "3" incorporated herein by reference. 9. The vehicle was sold on January 30, 2020 and the wholesale book value at the Lime of sale was $5,488.00 is attached hereto as Exhibit "4" and incorporated herein by reference. The amount 0f sale is lower than the estimated blue book value and was accepted as it was the highest bid received when the auction was held. After the sale of the vehicle, there was still an outstanding balance of $13,4l 1.68 due on the contract. 10. VEROS CREDIT, LLC mailed its Accounting Statement to Defendant(s). attached hereto as Exhibit "5" and incorporated herein by reference (as proof to the Court that the charges were applied properly and were disbursed). Since the date of such letter [o Defendant(s), there have been credits totaling $2.89 in the account, leaving a present balance of $13,408.79 due, owing and unpaid. The date this obligation was first due on February 12, 2020. 1 1. Plaintiff has also requested prejudgment interest, In this regard, CCP 3287(a) provides that on liquidated claims, where damages are certain, a Plaintiff is entitled to an award of interest fixnnthethnethelighttorecoveradses 12. Plaintiff is entitled to attorney's fees herein, pursuant to the terms of the written agreement. The provisions for attorney's fees are underlined in the written agreement. See Exhibit "1W l3. Plaintiff has retained legal counsel to file suit. Prior to filing suit, Defendant(s) was notified in writing of the intended legal action and that said legal action could result in a judgment against Defendant(s) which could include cost of suit and reasonable attorney‘s fees. //// 3 AFFIDAVIT IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT JUDGMENT CA_?.ZB Affidavit Aulo Contract P&F File N0. 20-77] l9 Client Ref# 000900l0XXXl 17791010 ' 3600 FAX; (858) 836-0318 1 SAWGO. CA 92 l23 9619 dmamm Dim-l SUITE 300 m: (353) PATENAUDE & FELIX. APC ATTORDEYS i'l’ LAW 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. After diligent search I have been unable to obtain and do not have either the original signed copy of the agreement or a copy thereof. The original agreement is merely deemed to have been misplaced and is currently unavailable. 15. Plaintiff respectfully requests that the Court accept said copies in lieu 0f the originals, as the original has been lost without any intent to defraud. I declare under the penalty of perjury under the laws of th tat of Calif nia that the foregoing is true and correct. Executed on H 5 \D; PH I Signature: KW Declarant v/ \ PrintName: MMN WMAWLI’IP M GOOD CAUSE APPEARING, it is ordered that the Exhibits submitted be accepted in lieu of the originals. Dated: Judge of the Superior Court 4 AFFIDAVIT IN SUPPORT 0F REQUEST FOR ENTRY 0F DEFAULT JUDGMENT CA_22B Affidavit Auto Contract P&F File No. 2M7] I9 cnem Rem ooo9oonoxxx1 1779mm DEFICIENCY MEMORANDUM Contract dated: 5x20f201 5 Date 0f last payment: ________________ Defendant(s) against whom judgment is sought: fifiaflmfi CASTILLO; Name 0f assignor if any: MEBQfiQBLQlLLLC Original seIler: BAY AREA CAR SALES LLC LOCATED AT SANJOSE. CA Type of merchandise sold (+ Vin # if applicable): 2009 DODGE RAM 150.0 8LT. 1D3H513P£9J50805a Date of repossession: 12H 3/201 9 Low Blue Book value at time of resale: $5t4§flfifl Notice of intent to resell mai|ed on: 123232019 Name of Purchaser at resale: ___ Did deiendant(s) demand a 10 day stay on sale? [X ] No [ ] Yes (attach copy) Amount of origina| contract balance $__.____2§JZZCL‘8_4_ (1) Amoum of insurance add-on $____._______ (2) Total oi lines 1 and 2 $____2_W (3) Amount paid before assignment $ _ . __ __.___Q_0- U (4] Amount ot rebated unused Finance charge L_gfiiémfi (5) Calculated as of what date“##Eflflflla Amount of rebated unused insurance charge $____.___Q._0_Q [6) Total of lines 4 - 6 $ 14,447.05 (7) Balance due; Subtract line 7 from 3 $ 14,323.73 (8) Balance due on contract, or amount oi payoff (subtract line 9 from 8]: $___J_4_.32§._Z§ (10) Total of unearned premium retunds: $_____.__£L0_Q (9) Repossession charges: $__WM«3 (1 1} Reconditioning charges: -$__,_-_?_QL® (1 2) Auction feestommissions: $__.______D_-10_ (13) Titleffiegistra’tion fees: $ _ ____ __.9499 (1 4) Totai ot lines 11 - 14 . $ 737.53 (15) Balance due: Tolai of lines 10 and 15 $ 15,1 1 1 .6§ {1 6) Amoum received atsale: $_._._.L__QflQYD - (17) Credit(s) paid to you before suit: $ 2&9 (1 8) Total of lines 17 and 18: $ 1,792.53 (19) Total Balance Due: Subtract line 19 from 16: $ 13.4Q_8_.?9 {20) Amount of principal sued for: $____1§.5Q§_._Ze (21) Credit(s) paid to you after suit was med: $_______j+011 (22) Amoum claimed in default judgment as principal: (Subtract fine 22 from line 20} $ 13 4 9 ( (amount of line 23 should match line 21) fl I declare under penalty of perjury under the Laws of the State of California that the foregoin ts Dated:_11, 101M M&(k- Hzflhyjmiu ,kgf L221? M VON PrintN me and Title CA_22A Deficiency Memo P&F File No. 20-7'” l9 Signature Exhibit “1” RETAIL INSTALLMENT SALE CONTRACT - SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Dealer NumberAL Contract Number-_ R.O.S. Number 53B? 3 Stock Number 1457 Buyer [\lame and Address . 7 Co-Buyer Name and Address Seller-Creditor (Namé and Address) (Including County and Zip Code) (Including County and Zip Code) 5:35,! AREA Egg 3mg; x_Lc §§ng fivfigASTlLLO _ i544W SAN CAELQE: STl .uL E‘ E n SAN JOSE. CA 95132 I SAN JOSE. CAQMLB Q&NTA F7! APE. 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. agreements on the front and back of this contract. You agree to pay the Seller - Creditor (sometimes “we” or “us" in this contract) the Amount Financed and Finance Charge‘m U.S. funds according to the payment'schedule below.We will figure yourfinance charge on a daily basis.The Truth-In-Lending Disclosures below are part ofthis contract. New Make Used Year and Model Odometer Vehicle Identification Number Primary Use For Which Purchased Personfil, family 0dr hou%elgolld unless- ot erwise in icate e ow. Used 2889 UQDGE 99??” 1 n 3 H a1 .3 P 2 9 J 5 o 3 o 5 3 El business or commercial RAE PKCKUP FEDERAL TRUTH-lN-LENDING DISCLOSURES .' STATEMENT QF INSURANCE ANNUAL FINANCE Amount Total of Total Sale {EOTICEE No pferson ls rechqlrled as a condmon of flrjancmg PERCENTAGE CHARGE Financed Payments § Price ingufigggeaaiguahg°tgrgg {“310 PU’ChaSW’W'a‘efiny RATE The dollar The amount of The amount you The total cost of broker:You are gnot [g uirgdaténggragfie gfhrgffigfiraagnecne $5 . The cost- of amount the credit proVided will have paid after your purchase on obtain'cred” Your decigion to buy 03; notybuy other insurance your credit as ' credit will to you or you have made all credit, including win not be a'factor in the credit approval process a yearly rate. cost you. on your behalf. payments as your down ' scheduled. payment of Vehicle Insurance $g‘égggnfi is Term Premium 7-1 909:1 % $ mm: ~15 (e) $ firm“: 5:2 $ 29712.94 (e) $ 32%7-5234-491 $ WA Ded- Comp” Fire “he“ ‘flm3L (e means an estimate $ MIA Ded.Collision MMOS. $u-{A YOUR PAYMENT SCHEDULE WILL BE: _ 7 Bodily Injury $ MIA Limits Wilma fig“; Number of Payments: Amountof Payments: When Payments Are Due: Property Damage $ WA I Limits @Mos‘ $13,]; One Payment of - MedicaI MIA MMOS, $13M WA Him. fi-ffi One Payment of ' ' Total Vehicle Insurance Premiums Mma ‘ UNLESS A CHARGE IS INCLUDED IN THIS AGREEMENT FOR ' PUBLIC LIABILITY 0R PROPERTY DAMAGE INSURANCE, PAYMENTone Payment of ‘ ‘ - FOR SUCH COVERAGE Is NOT PROVIDED BY THIS AGREEMENT. You may buy the physical damage insurance this contract requires Mommy beginmng (see back) frpm anyone you choo_se who is acceptable to ys.You fin - Sag? Q5, a“-gmmg are not requlrfid to n-[wan crédult. n Buye V n /7,5 1” 7 Co-Buyer X One final payment $53293 H“gfzmg SelI If any insurance is checked below, policies or certificates from the Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of 5°. of the part of the payment that is late. named insurance companies Wm describe the terms and conditions. Prepayment. lf you pay off all your debt early, you may be charged a minimum finance charge. _ _ , - _ Security Interest. You are giving a security interest in the vehicle being purchased. . Application for Optlonal Credlt Insurance Additional. Information: See this contract. for mqre information including.in_fonnation about nonpayment, default, any required D CreditLife; D Buyer D CoBuyer D Both repaymentmfullbeforethe scheduled date,mm|mumfmance charges,and secuntymterest. D C d_tD blrtHB O I ) rel Isa H uyer ny ITEMIZATION OFTHE AMOUNT FINANCED (Seller may keep part of the amounts paid to others.) Term Exp., , Premium 1. Total Cash Price CreditLife WA Mos. $, WA A. Cash Price of Motor Vehicle and Accessories $ 1 ““5 (A) Credit Disability WA MOS. $ WA 1. Cash Price Vehicle $ i Dfi TotalCredit Insurance Premiums , $ WA b 2. Cash Price Accessories $_L Insurance Company Name 3. Other (Nontaxable) _ Describe i 5'53 Home Office Address Describe - “7“”. Credit 1'1 i sur d d't d' b'rt ' tB. DocumentProcessmg Charge(notagovernmentalfee) $_ggg3-_(B) . ‘9 n ?”ce a.” ore ' .’.53 "y 'nsurance are ”9 I I I Q requnred to obtain creditYour deCISIon to buy or not buy credIt C. Emissmns Testing Charge (not a governmental fee) $---%‘-.}%(c) 8 lifedand creditldisability insurance will not be a factor in the - - - D m w Here it approva process.They wiII not be provided unless youD‘ (Optional) Theft Deterrent Device (to Whom pafd) $ 2'22 ( ) (O 5 :Tsign and agree to pay the extra cost. Credit life insurance is E. (Optlonal) Theft Deterrent DeVIce (to whom paid) $ 8,89 (E) g 9; based on your original payment schedule.This insurance may F (optional) Then Deterrent Device (to whom paid) $ Jug (F) C: E .not pay all you owe on this contract if you make late payments.' I . . ' "" ‘ o ,7.- Credit disability insurance does not cover any increase in your G. (Optional) Surface Protection Product (to whom paid) $ 9,55 (G) 2 Z 'payment or in the nqmlyer of payments. Coverage for credit life H. (optional) Surface Protection Product (to whom paid) $ nm (H) go‘ a -|nsurance and credit disability insurance 9nds on the original I . . ' W“ 5- U, due date for the last payment unless a different term for the l- EV Charging Statlon (1° Whom Pald) $ WA (l) c c insurance is shown above. J. SalesTax(ontaxabIeitemsinAthrough I) $ 4352,4401) 2% You are applying for the credit insurance marked K. Electronic Vehicle Registration orTransferCharge , g g above- Your Slgnaturepfilow means mayo” agree (note ovemmemal fee) (to whom aid) $ nm (K) r; o hat: (1)You are not e_lI Iblefor Insurancel qu have9 p -~ ‘ ' 3'; ,, reached your 65th bIrt day. (2) You are englble for L- (Optional) Service Contract (t0 whom Paid) $ ”m (L) 3 , disability Insurance only if you are working for wages M. (Optional) Service Contract (to whom paid) $ V REA (M) o. ‘ “Br profzgfoohclmrsha Mée'ek or ngore on therEfbflectvae N. O tional Service Contract to whom aid M (N) g .ate-., . ”y t e ”mary u er '5 e‘ I e‘ or o (opt. I’ S . C t t‘t h p .d’ g W (o) 25,, g disabmt Insurance. DISABILITY VNSURAN E MAY- < PW) me °" rac (0W °m Pa' ) ~- «- g g 0T0 VER CONDITIONSFORWHICHYOU HAVE P. (Optional) ServiceContract(towhompaid) $ aw. (P) g» g SEEN A DOCTOR 0R CHIROPRACTOR IN THE Q. PriorCreditorLease Balance paid by Sellerto ‘ I "m Z LAST 6 MONTHS (Refer t0 “Total Disabilities Not (e) $ g fig (Q) o, > Covered" In yourpollcyfordgtalls). (see downpayment and trade-in calculation) You want to buy the cre,/" v n. (omional) Gap Contract (to whom paidxxusnos CREDIT $ 495-00 (R) fifzaizm mm {£44, _41 S. (Optional) Used Vehicle Contract Cancellation Option Agreement $_flfl-n (S) , Date Buyer S gnature. . Age T. Other (to whom paid) SIZWZU’iSX _U For $ a m] (T) ‘ Date Co-Buyer Signature Age Total Cash Price (A through T) $M (1) OPTIONAL GAP CONTRACT A gap contract (debt cancella- tion contract) is not required to obtain credit and wiIl not be 2. Amounts Paid t0 Public Officials provided unless you sign below and agree to pay the extra A. Vehicle License Fees Estimate $42LQQLW charge. If you choose to buy a gap contract, the charge is shown . . . . ' (B) in item 1H ofthe ltemization of Amount Financed. See yourgap B. Reglstratlon/Transferfl'ltllng Fees $45QQ- contract fog details on the terms and conditions it provides. It is C. California Tire Fees $_m_(0) a part of thls contract. D. Other $ Wit (D) TermJ! Mos. VEEUS CREDIT Total Official Fees (A through D) $flfl_ (2) Name of Gap Contract 3. Amount Paid io Insurance Companies V I want to buy a gap °°_n//' _ (Total premiums from Statement of Insurance column a + b) $_fl-m- (3) Buyer Signs'af , Ai/ r ' _&lfi_ I4. flggte Emlsslons Certlflcatlon Fee or D State Emissions Exemption Fee $ a (4) OPTIONAL SERVICE CONTRACWS) You want to 5' sub °tal (1 ”1mg“ 4) $M (5) PurChase(_the) ?ermcet con???) wrkiDtteln \néithtttre ffillowifi 5_ Total Down a ment _ company xes or e erm s s own eow or ec arges AI Agreed Tprazwln Value Yr . Make 3 2:32 (A) shown In Item 1L,1M, ?N, 10, and/or 1P. _ .Model Odom 1L Company MM _ VIN _ . ‘ Term _-__”qu_. qr_Nlé_ Miles B. Less Prior Credit or Lease Balance (e) $_JL(B) 1M Company MIA C. NetTrgde-In- (A less B) (indicate if a negative number) $____D_fln_(c) Term MIA Mos. ,or MFA Miles D. Deferred Downpayment $__CLflfl_(D) 1N Company pm: V E. Manufacturer’s Rebate $__NIA_(E) Term Mfg, Mos._or WA Miles F. Other $ mm (F) 10‘Company MIA ‘ - G. Cash $_L‘fimflflfi) Term _ MA Mos. or NM Miles Total Downpayment (C through G) $-1§flfl.flfl (6) 1P Company WA (If negative, enter zero on line 6 and enter the amount less than zero as a positive number on line 1Q above) _ Term WA Mo ' Miles 7. Amount Financed (5 less 6) $_1EME (7) Buye j p SELLER ASSISTED LOAN ' BUYER MAY as REQUIRED To PLEDGE sEcuarrv Fon THE LOAN, AND ,AUTO BROKER FEE DISCLQSURE EgfialflinfggfiggfigAa'ngeEmZmbfifge'nm: WILLanaLIeATEo Foams INSTALLMENTPAYMENTsONBomHIs If thls contract_ref|ects the r_etaI| sale 9f a and us relating to this contract. Any change to the HEMILINSTALLMENTSALECONTHACTANDTHE LOAN' new m°t°r VPhICIe’ the sale Is "Ot SUbleCt ’ contract must be in writing and both you and we - ' to a fee received by an autobroker from us must sign it No oral changes are bind- Pr°°eeds °f ma“ me‘ unless the following box is checked: 1Amount$- Finance Charge$__ Buyer Sign Tota|$___ payable in D Name of autobroker receiving fee, if 00.3mm Signs X \L-J installments of s s aPP'icab'ei from this Loan is shown in item 6D. V . SELLER’S RIGHT T0 CANCEL [f prer anq Co-Buyer sign here, the provisions of the Seller's Right to Cancel section on the back giving the Seller the right to cancel if Seller is unable to assignthis con . ,-.4 2.V ‘ || apply. M - i”[W X ‘ B yer / Co-Buyer Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on the reverse side of this contract, you or we may elect to resolve any dispute by neutral, binding arbiifi ion and not b Arbitration Provision for additional intormation concerning the agreement to arbitrate. Buyer Sig Co-Buyer Signs X ., , OPTION: D'Ydd p'ay no 'finéi‘c‘e charge it thé'Arfiafiht finéfiééafn'e’mfi, i's paid in tun bn or before' ' , Year . SELLERS INITIALS__ THE MINIMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN LAW MUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE UNSURE WHETHER 0R NOTYOUR CGURRENT INSURANCE POLICY WILL COVERYOUR NEWLY ACQUIRED VEHICLE INTHE EVENT 0F AN ACCIDENT,YOU SHOULD CONTACTYOUR INSURANCE AGENT. WAHNIN : YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASED. IF YOU DO NOT HAVE FULL COVERAGE, SUPPLEMENTAL COVERAGE FOH COLLISION DAMAGE MAY BE AVAILABLE T0 YOU THROUGH YOUR INSURANCE AGENT OR THROUGH THE SELLING DEALER. HOWEVER, UNLESS OTHERWISE SPECIFIED, THE COVERAGE YOU OBTAIN THROUGH THE DEALER PROTECTS ONLY THE DEALER, USUALLY UP T0 THE AMOUNT 0F THE UNPAID BALANCE REMAINING AFI'ER THEVEHICLE HAS BEEN REPOSSESSED AND SOLD. _ ’ FOR ADVICE 0N FULL COVERAGE THAT WILL PROTECTYOU INTHE EVENT 0F LOSS 0R DAMAGETOYOUR VEHICLE,YOU SHOULD CONTACT YOUR INSURANCE AGENT. THE BUYER SHALL s ‘ L ETHAT HEISHE UNDERSTANDSTHESE PUBLIC LIABILITYTEHMS AND CONDITIONS. Sly; _ 1f; . V .,,/. l x Trad Payoff Agreement: Se'ller relied on information from you and/or the lienholder or lessor of your tradeJin vehicle to am've at the payoff amount shown in item GB of the Itemizafion oi Amount Financed as the “Prior Credit or Lease Balance.”‘You understand that the amount quoted is an esfimate. Seller agrees to pay the payoff amount shown in BB to the lienholder or lessor of the trade-in vehicle, or its dwignee. If the actual‘payoff amount is more than the amount shown in 6B, you must pay the Seller the excess on demand. If the actual payoff amount is less than the amountshown in SB, Seller will refund to you any average Seller receives fromyour prior lienholder or lessor. Except as stated in the “NOTICE” on the back of this contract, any assignee If this u ntract -" ‘: s - obligated to pay 1he Prior Credit or Lease Balance shown in BB or any refund. Buyer Signalw 22. “ Co-Buyer Signature X Notice to buyer: (1) Do'not sign this agreement before you read it or if it contains any blank spaces to be filled in. (2) You are entitled to a completely filled in copy of this agreement. (3) You can prepay the full amount due under this agreement at any time. (4) If you default in the performance of your obligations under this agreement, the vehicle may be repossessed and you may be subject to suit and liability for the unpaid indebtedness evidenced by this agreement. If y'ou have a complaint concerning this sale, you should Iry to resolve it with Ihe seller. Complaints concerning unfair or deceptive practices or methods by the seller may be referred to the cily attorney, the district attorney, or an investigator for the Department of Motor Vehicles, or a'ny combination thereof. . After this contract is signed, the seller may not change the financing or payment terms unless you agree in writing to the change. You do not have to agree to any change, . and il is an unfair or deceptive practice for the seller to make a unilateral change. Buyer Signat ‘ 7W Co-Buyer Signature X The Annual P rcenta'ge 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. YOU AGREE T0 THE TERMS 0F THIS CONTRACT. YOU m.fERE [IS yo COOLLNE'O‘IFF IPERJHOD gNLESf iYOU .odBfTAIE IACIONTIRrgoc-r CANCEH'ATIOfihpp-rlofil CONFIRM THAT BEFORE YOU SIGNED THIS CONTRACT, WE alorma aw oesnotprow e ora coo Ing-o orot ercance a Ion peno orve Icesaes. e re,you oanno a ercance Iscon rac GAVE IT To YOU, AND YOU WERE FREE T0 TAKE IT AND simply because you change your mind, decide the vehicle costs too much,«or wish you had acquired a diflerent vehicle. Afler you sign below, you may only cancel this contract with the agreement of the seller or for legal cause, such as fraud. However, California law does require a galfiwsllgEvsouoécwgw'égfififlg? K&WDAKJEG“Egg sellerto ofieratwo-dayconiractcancellation option on used vehicleswith a purchase priceofless than forIythousand dollars($40,000),subject ARBITRATION PROVISION 0N THE HEV’ERSESIDE BEFORE to certainsiatutory conditions.This contractcancellation option requirementdoes notapplytothesale ofarecreationalvehicle,amotorcycle, SIGNING BELOW YOU CONFIRM THAT YOU BEéEWED A oran off-highway motorvehicle subiect to identification under California law. Seethevehicle contractuncellalion option agreementfor details. COMPLETELY FIL'LENN COPY WHEN YOU SIGNED ”I r _ (l. . , _ .. M- _. , ,w‘ .WWWWM, Buyer Signaturfi ”4 '4'“ ' DateWCo-Buyer Signature X Date mmm 3 Co-Buyers and Other Owners - A co-buyer is a person who is responsible be'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 Signature X Address GUARANTY: To induce us to sell the vehicle to Buyer, each person who si ns as a Guarantor individually guarantees the payment of this contract. If Buyer fails to pay any money owing on this contract, each Guarantor must pay it when asked. Each Guarantor Wll be liable for_ the total amount owing even if other ersops also s_lgn as Guarantor, and even If Buyer has a complete defense to Guarantor’s demand for reimbursement. Each Guarantor agrees to be liable even If we do one or more of the ollowmg: (1) give t'he Buyer more tune to pay one or more payments; L2) give a full or panial release to an other Guarantor; (3) release any _secur|ly; (4) aotgfi less tron] the Buyer than the total amount owmg; o[ (5) otherwxse reach a settlement relating tot is contract or extend the contract. ach Guarantor acknowledges receipt of a oomplet copy of this contract and guaranty at the tIme of Slgnlng. Guarantor waives notice of acceptance of thisGuaranty, notice of the Buyer’s non-payment, non-perfonnanoe, and default; and notices of the amount owing at any time, and of any demands upon the Buyer. Guarantor X Date Guarantor X Date Address Address a A n SellerSignsdfiL Dateflu-BYXQLD Title% LAW” FORM NO. 55é-CA-ARB (REV 7/13) u.s. PATENT N0. 0460.782.'- ©2013 The Reynolds and Reynolds Company T0 OHDEHmwmeysoummm; 1momsnax 1-300-531-9055 THE PRINTER MAKES N0 WARRANTY, EXPRESS 0R IMPLIED,Asmcoma" on FITNESS FOR PURPOSE OFTHIS FORM. consurrvoun OWN LEGAL cOUNSEL ORIGINAL LIENHOLDER OTHER.IMPORTAMAGREEMENIS}._'- “ ’ 1. FINANCE ‘cHAfi'G'E'ANB fiAWiENTé- ' " a. How we will figure__ Finance Charge. We will figure thei FinanCe Charge on a daily basis at the Annual Pe'rc‘e'ntage ‘ :m Rate on the u-npaid part; of t_he Amount Financed. Seller - -’ Creditor may receiv_e part o‘f th‘e FinanceCharge b. How we will apply payments We" m'ay 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. -» -v » - - -‘ -£‘~‘=., ”_-=How-'late payments or _early p'aymeh_ts' change what yew» ‘ ‘ ‘i‘f 1 "c mmust pay We” ba’sed the"? Finah'ce Charge; Total ofv y-j‘ , ’ ' " Payments, and T6t'al Sale Pric‘é "shown 'on the frOnt on the‘ -' 'as‘sumption tha't yo‘u Will mak'e every payment on‘ the day it " is du_e. Your Finance Charge, Total of Payments and Total Sale Price will b'e more if you pay [ate and less if you pay. , -ear|y. Changes may take the form of a larger or smaller final ‘ spayment or, at our option, more or.fewer payments of the ’same amount as your scheduled payment with a smaller final payment. We will se‘nd you a nOtice tellin‘g you about these changes before the final-scheduled payment. is due d You may.prepay. You may prepay ail or part of the unpaid':." " ‘- '=be_nefits_ unde’r-these contracts and: cancel them to obtain rernds,~ . . ‘ f of unearned charges to reduce what you owe...- A part of the Amount Financed at any time. If you do so, you must pay the earned and unpaid part of the FinanCe‘ Charge. and all other amounts dUe up to the date of yOUr payment. . As of t_he date of your payment, if the minimum finance charge'Is greater than the_ earned Finance Charge, you may -be charged the difference;the. minimum finance charge'Is ; és follows: (1) $25 if the original Amount Financed does nOt 2' exceed $1,000, (2) $50 if the original Amount Financed is'v. ' ‘ r'nore than $1,000 but not more than $2,000, or (3) $75 ifthe ’ - ' 1 original Aniount Financed is more than $2 000. .2. ‘ YOUR OTHER PROMISESTO US . a.: If the vehicle is damaged, destroyed, or missing. You . . agree to pay us all you owe under this contract even if the i. - vehi'cle'Is damaged, destroyed, or missing. " GAP LIABILITY NOTICE _‘In"the event‘of theft or’damage’ to yo‘ur vehicle that ¥ results in a total loss, there may be a gap between the é. of your insurance settlemeht and deductible. THIS i; CONTRACT PROVIDES THAT YOU ARE LIABLE FOR fTH‘EMGAP AMOUNT. An bptiohal 'gap éontract (debt ' cancellation contract) for coverage of the gap amount ‘ may be offered for an additional charge. ' . b. Using the vehicle. You agree not to remove the vehicle ' from the U.S. or Canada, orto sell, rent, lease, ortransfer an'y iri'terest'In the vehicle or this contract without our written ., “ - permission. You agree not to expose the- vehicle to misuse, seizure, confiscation, or involuntary transfer. [f we pay any repair bills, storage bills, taxes, fines, or charges on the - . vehicle, you agree to repay the amount when _we ask fOr it. c. Security Interest.- - You give us a security interest in: - The vehicle and all parts or goods installed on it; - o All money or goods received (proceeds) for the vehicle; o 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 secures payment of all you owe on this contract. ‘ lt also secures your other agreements in this contract as the law allows. You will"make sure the title shows our security interest-(Iien) in the vehicle. You will not allow any other security interest to be placed on the 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 this 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. lf 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 of insurance, we will tell you whiCh type and the charge you must pay.The _ charge wilI-be the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on the front of this contract or, at our option, the highest rate the law permits. If the vehicle ”is lost ordamaged, you agree that we may use any insurance settlement to reduce what you owe o'r repair the vehicle. e. What happens to returned insurance, maintenance, z service, or other contract charges. If we get a refund of .insurance, maintenance, service, orother contract charges, you agree that we may subtract the refund from what 'you owe. .3. " IFYOU PAY LATE OR BREAKYOUR 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 [ate payment or late charge does not excuse your [ate payment or mean that you may keep making late payments. . If you pay |ate,.we may also take the steps described below. - .br You may hav_e _to pay all:you_ owe at once. If you break your promises (default), we may demand that you pay all you owe on this contract at once, subject to any right the law gives you to reinstate this contract. Default means. You do not pay any payment on time; ' ' 9 'You givefalse, incomplete, ormlsleadlnglnformatlon o'n . . t _ '- a credit application; ‘ 0' You start a proceeding in bankruptcy or one is started against you or your property; - The vehicle"Is lost, damaged ordestroyed; or‘ " ‘ - 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 d_ue - __ because you defaulted. _ 'c.. You may have to pay collection costs. You will pay our ' reasonable costs to collect what you owe, including attorney f_ees, court- costs, collection agency fees, and fees paid Tor _ O_ther reasonable collection efforts.You agree to pay a charge not ' to exceed $15 if any Check you give to us is dishonored. ' d. We may take the vehicle from you. If you default, we may ' take (repossess) the vehicle from you if‘we'do so p‘e‘ace‘f‘ully ‘ and the law allows it. If your vehicle has an electronic tracking device; youagree that we‘may‘use the device to ' find thfe.vehicl'e.._lf w'e tak‘e the'ivehicle, any accessories, equipment, and replacement parts will stay with the_ vehicle'. If any personal items are in .the vehicle, we may store them for you at your expense. If you do no_t 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 we repossess the vehicle, you may p.a_y to 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 of insurance, and/or taking other 'action to cure the default. We will provide you all notices required by law to tell you when and how much to pay i amountyou owe underthis co'ntract and_the proceeds- f. We will sell the vehicle if you do not get it back. If you do not redeem, we will. s_ell the vehicle. We will send you a written notic__e of sale' bef‘oré s'elling the Vehicle. ' ' ~We wil_l apply the money from the sale; less allowed expenses to x I N ,the amount you owe. AlloWed expenses are expenses We pa‘y a's 1 ' ‘ " "a di'réc't reSuIt of taking the:vehicle, holding it, preparing itfor sale, and selling it. Attorney fee_s and court costs the law permits are also allowed expenses. If any mon_ey is left (surplus), we will pay. it to you unless the law re’quires us to pay it to someone else. lf mon_ey from the sale is not enough to pay the amount y-ou owe-, - ”you -mus_t pa_y--the«rest t'o us. If you do not pay this amount when'? " ' ' ‘- 'we ask; We may charge you intere‘js't at the- An'nual Percentage ‘ "Rate shown on th'e face o'f this contract, not to ”exceed the highest . ” . _ "_rate permitted b'y' law, until you pay ‘ g. What we may do about‘ option'al insurance, maintenance, a .‘ ”service; or other contracts. This contract may contain charges .» for optional insurance, maintenance servic‘e‘, or other contracts’ .. If we demand that you pay all you owe at once or we repossess. the vehi'cle, we may claim benefits under these contracts and cance‘l the‘m t‘o obtain refunds of'unea'rhe‘d chargés to 'reduée" ' ‘ fwha_t-.yowowe or repair th_e vehicle. If the vehicle is a total loss: because It is confiscated, damaged,_ or stolen, we ma_y claim' -. .4.- .WARRANTIES SELLER DISCLAIMS : .-lf you do not get a.written warranty, and the Seller does‘ no’t enter into a service contract within 90 days frgm the_ date 9f,” 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 provisio'n does not affect any warranties" coVering the Vehicle that the vehicle. manufactu‘rer may provide. If the Seller has sold you a certified used vehicle, the warranty of merchantability'Is not disclaimed. . _. 5 Used Car Buyers Gaide. The information you see on th'eu' window form for this vehicle: is part of this contract Information oh the window form overrides 'ariy. contrary provisionsin the contract of sale. ‘ " ’ ' Spanish Translation. Gul'a para_compradores de. vehl’cqus " usados. La informacién que ve en el formulario de. la i - ventanilla para este vehiculo forma parte del presente- contrato. La informacién del formulariofde la- ventanilla deja sin efecto t_oda disposicio’n en‘ contrario contenida en_el contrato de-venta. .6.“ _, Servicing and CollectionZContacts - You agree that we may try to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and ' automatic -telephone-dialing systems, as the Zlaw allows._You also v ‘ . agrée that we may try 'to Contact you in these and other ways at . any address or_ te'lephone number you provide us, even if the telephone number'Is a' cell phone number or the 'contact results'In a charge to you. 7. Applicable Law ' Federal law and California law apply to this contract. If any part of this contract is not valid, all other parts stay valid. We may delay or refrain fr'om enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others. 8 Warranties of Buyer. You promise you have given true and correct information in your application for credit, and you have no knowledge that will make that information untrue in the future. We have. relied 'on the truth and accuracy of that information in entering into this contract. Upon request, you will provide us with documents and other information necessary t_o verify a_ny item contain'ed'In your credit application. You waive the provisions of Calif. Vehicle Code S’ection 1808.21 "and authorize the California Department of Motor Vehicles to- furnish your residence address to us. CREDIT DISABILITY INSURANCE NOTICE ' CLAIM PROCEDURE ‘ If you become disabled, you must tell us righ‘t away. (You are advised to send this information to the same address to which you are normally . required to send your payments, unless a different. address or tele- '_ p'hone number'Is giVen to you in writing by us as the location where we would like to be notified.)We will tell you where to get claim fo'rms.You must send in the completed form to the insurance company. as soon as possible and tell us as soon as you do. If your disability'Insurance covers all of your missed payment(s_), WE .CANNOT TRY TO COLLECT WHAT YOU OWE OR FORECLOSE’ UPON OR REPOSSESS ANY COLLATERAL UNTIL THREE CALENDAR MONTHS AFTER your first missed payment is due or . until the insurance company pays or rejects your claim, whichever- comes first. We can, however, try to collect, foreclose, or repossess if you have any money due and owing us or are otherwise in default when your disability claim'Is made or if a senior mortgage or lien_ holder is foreclosing. If the insurance company pays the claim within the three calendar months, we must accept the m‘oney as though you paid on time. If the ins_ura_nce Company rejects the‘claim within the three calendar months or accepts the claim within the three calendar months on 'a partial disability and pays less than f_or a total disability, you will have 35 days from the date that the _rejection or the acceptance of the partial disability claim is sent to .pay_past due payments, or the difference between the past -due payments and wh'at the ihsurance_ company pays forthe 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 repossfess any collateral you may. have given. - If the insurance co’r'npany' accepts your claim but requires that you send in additional for-ms‘to rem'ain eligible for continued-payments, you. should send in t_he_s,e completed additional forms no later than required. If you do not send in these forms on time, the insurance company may stop paying, and we will then be able to take action to collect 0r foreclose or repossess any coll'at'eral yo'u may have giVen. - Seller’s Right to; Cancel a. Seller agrees to deliver the vehicle to you on the date this contract Is signéd by Seller and you.Yqu understand that it may take a few days for Seller to verify your credit and assign th’e contract. Y0u agree that if Selle‘r Is unable to assign the contract to any one of the financial institutions with: whom Seller regularly: does business under an assignment acceptable to Seller, Seller may cancel the contract. “ ,b. Seller shall give you written notice (or'In any other manner in .w_hich ‘ actual notice is given to you) within 10 days of the date this Contract is signed if Seller elects to cancel. Upon receipt of such notice, you must immediately return the vehicle to Seller'In the same condition as when sold, reasonable wear and tear excepted. Seller must give back to you all consideration received by Seller, including any trade- in vehicle. ' c. If you do not immediately return the vehicle, you shall be liable for all expenses incurred by Seller In taking the vehicle from you, including reasonable attorney’s fees. d. While the vehicle is in your possession, all terms of the contract, ' including those relating to use of the vehicle and'Insurance for the vehicle, shall be"In full force and you Shali assume all risk of Ioss‘ or damage to the vehicle. You must pay all reasonable costs for repair and/or what action you must take to redeem‘the vehicie.‘ of any'damage to the vehicle until the vehicle is returned to Seller. ARBITRATION PROVISION PLEASE REVIEW- IMPORTANT- AFFECTS YOUR LEGAL RIGHTS .' EITHERYOU ORWE MAY CHOOSETO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURYTRIAL. 2. IF A DISPUTE IS ARBITRATED,YOU WILL GIVE UP YOUR RIGHTTO PARTICIPATE AS A CLASS REPRESENTATIVE 0R CLASS MEMBER ON " ANY CLASSOCIéAIMYOU MAY HAVE AGAINST US INCLUDING ANY RIGHTTO CLASS ARBITRATION 0R ANY CONSOLIDATION 0F INDIVIDUAL ARBITRATI N - ’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 othenlvise (including the interpretatipn 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 ou may have to arbitra'te a class action. You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, NewYork, New York 1001 9 (jwww.adr.org) or any other organiz_a_tion to conduct the arbitration subject to our approval. You may get _a copy of the rules o_f an arbitration organization by contacting the organization qr visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The afbitrator shall apply 'g'overning 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 heId-in the federal district where this contract was executed. We will pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $5000, unless the l'aw or the rules of the chosen arbitration organization require us to pay more. The amount we pay may be -reimbursed'1n 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 shail 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 remaind'er 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. I _L 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. The preceding NOTICE applies only to goods or services obtained primarily for personal, family or household use. In all other cases, Buy_er will not aSSert against any subsequent holder or assign'ee of'th‘is contract any claims or defenses the Buyer (debtor) may have against the Seller, or against th'e manufacturer of the vehicle or equipment obtained under this contract. Seller assigns its interest”In this contract to VW @éfl//f D A_ssigned with recour_se H D Assigned withoutrecourse (Assignee) at (address) 'under the terms of Seller’sagreemenfls) with Assignee. -fl Assigned with limited recourse Title é“ ‘, i g. = é -=. .‘ .2. , Form No. 553eCA-ARB.7I13 .(u‘... Dealer Phone #z 408-297-7000I Dealer Name. Bay Area Car Sales Llc Dealer Fax yr. 403.297.7027 iLjASE PRINT - INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. INSTRUCTIONS: You may appl Ifot credit in your name aloqe, whether or not you are married. B gelfase In Icale whether you_ are arplymlgfor Elndividual Cre_dit U Joint Crepit E Community Property State U Business Ap lication - ‘ you are applym for Indeua credit In your name and relying on your own Income 0r assets and not the Income or assets oi an her person as the basis of repayment of (3) Dmagi;raegglglsngqbffilggfigdgtngkifigglg 1.: t 1' -- -:- ' --::, ns A and B We intend to a lyfmjoim credi _ u _ ‘ Want Co-Appncam musyiogigagelhraagmcaargimlngfig 3 gofiIrgrwgtgsfir: :rtayfifbgllgzfi complete Section A about yourself and Section B about your spouse. You rmst sign this applcatlon. Your spouse + A. APPLICANT INFORMATION, . u . . Last Name First Name Middle Initial Sochl Security Number Birth Date “SW sergio a -8693 04-14-- Address Apt #l Suite it P.O. Box Rural Route City State Zip 3430 fife WA SAN JOSE CA 951 12 Home Phohe ' Cell Phone ' Residential smtus Tlme at Address (408) 784-1300 (408) 784-1 300 m Homeowner D Rent fl Family D Other Ems. _Mos. RentIMtg. Pmt. s 800.00 E-Mail Address Driver's License No. Driver's License State Time at Previous Address b5253431 ca _Yrs. _Mos. Previous Full Address (If less than 2 years) Apt #l Suite # P.O. Box Rural Route City State Zip Employer Name Employment Type plumbing tack services E Employed U Unemployed D Selfemployed U Military Retired D Student D omef Salary ' Salary Type Occupation Length of Employment Work Phone Number ' 8,000.00 U Weekry U Bi-Weekly m Monthly D Annually teck superbaiser fivrs._Mos. (408) 43‘" .um Previous Employer Name Previous Empbyment Type ~ D Employed D Unemployed D SeIr-employed D Military a Retired U Student U Other Previous Occupation Length of Employment Previous Work Phone Number _Yrs. Mos. Alimony, child support, orsupra mintmance income med not be reveaIed if you do not choosotohm i! considered as a basis ior repaying this ohigatlon. Other "ime (MODWY) Soutce of Other Income ‘ I ~ aui'n-v «a . - come entered on this Credit Applmu‘on is accurate. V Comments AGREEMENT You understand and agree that you are applying for credit by providin the information to complete and submit this credit application. We may keep this application and any other applimtion submitted to us and information a out you whether or not the application ls approved. You certify that the infomatlon on the applimtion and in any other application submitted to us. is true and complete. You understand that false statements may subjea ou to cfiminal penalties. 111a words "you," "your" and "yours" mean each person submitting this application. The words ”we." "us." 'ouf' and "ours" as use below refer to us. the dealer, and to the financial institution(s) selected to receive your application. You authorize us to submit this application and any other application submitted in connection with the proposed transaction to the financual institutions disclosed to you by us the dealers. This application will be reviewed by such financial institutions on behalf of themselves and us the dealer. In addition, in accordance with the Fair Credit Reporting AcL you authorize that such financial institutions may submit your applications to other financial institutions for the purpose of fulfilling your request to apply for credit. You agree that we may obtain a consumer credit report periodically from one or more consumer reporting a encies (credit bureaus) In connection with the proposed transaction and any update. renewal, refinancing. modification or extension of that transaction. ou also agree that we or any affiliate cf ours may obtain one or more consumer credit reports on you at any time whatsoever. If you ask. you will be told whether a credit report was requested. and if so, the name and address of any credit bureau from which we or our affiliate obtained your credit report. You agree that we may verify your employment, pay. assets and debts. and that anyone receiving a copy of this is authorized to provide us with such information. You further authorize us to gather whatever uedit and employment history we consider necessary and appropria‘e in evaluating this application and any other applications submitted in connection with the proposed transaction. You understand that we will rely on the information in this credit application in making our decision. We may monitor and record telephone calls regarding your account for quality assurance, compliance. training, or similar purposes. By providing your cell hone number on this application, you are consenting to receive servicing~and collection cans on your cell phone u§ing an auto dialer or a prerecord message. This consent applies to the dealer. who is the originating creditor in this transaction. as well as any aSSIgnee who may purchase your credit contract from the deaIer. l consent to receive autodialed, pre-recorded and artlflclal voice telemarketing and sales calls and text messages from or on behalf of dealer (or any financing source to which dealer assigns my contract) at the telephOne number(s) provided in this credit application, including any cell phone numbers. I understand that this consent is not a condition of purchase or credit. Initial to consent here ii A ’ This appllcallon may be “mined to the following f'nancid institutions [Nane(s) and Address(esn BY SIGNING BELOW, YOU CERTIFY THATYOUHAVEREAD AND AGREE TO THE TERMS AND DISCLOSURES ON THE PAGES OF THIS APPLICATION. XigAn LI s SIGNATURE DATE Page 1 of 3 02014 Deflenrack. Ina Al riahts reserved. DT 7/14 Printed on 05202015 at 05:49 PM FEDERAL NOTICES IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEWACCOUNT If applicable to your credit transaction. to help the government fight the funding of terrorism and money laundering activities. Federal law requires financial institutions to obtain, verify. and record information that identifies each person who opens an account. What this means for you: When you open an account. you will be asked for your name, address, date of birth. and other information to identify you. You may also be asked to see your driver's license or other identifying documents. STATE NOTICES California Residents: An applicant, if married, may apply for a separate account. Maine and Tennessee Residents: You must have physical damage insurance covering loss or damage to the vehicle for the term of the contract. For a lease, you must also have the liability insurance as described in the lease. You may purchase required insurance through any insurance agent or broker and ‘from any insurance company that is reasonably acceptable to us. You are not required to deal with any of our affiliates when choosing an agent. broker or insurer. Your choice of a particular insurance agent. broker or insurer will not affect our credit decision, so long as the insurance provides adequate coverage with an insurer who meets our reasonable requirements. New Hampshire Residents: If you are applying for a balloon payment contract. you are entitled. if you ask, to receive a written estimate of the monthly payment amount for refinancing the balloon payment in accord with the creditor's existing refinance programs. You would be entitled to receive the estimate before you enter into a balloon payment contract. A balloon contract is an installment sales contract with a final scheduled payment that is at least twice the amount of one of the earlier scheduled equal periodic installment payments. ‘ New York Residents: In connection with your application for credit, a consumer report may be obtained from a consumer reporting agency (credit bureau). If credit is extended. the party or parties extending credit or holding such credit may order additional oonsumerreports in connection with any update, renewal or extension of the credit. If you ask. you will be told whether a consumer report was requested and, if so, the name and address of any consumer reporting agency (credit bureau) from which such credit report was obtained. Ohio Residents: Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this . law. Rhode Island Residents: Consumer reports may be requested in connection with this application. Buyer has the right of free choice in selecting an insurer to provide insurance required in connection with this transaction subject to our reasonable approval in accordance with applicable law. Vermont Residents: You authorize us and any financial institution with which this credit application is shared, and each of their respective employees or agents. to obtain and verify information about you (including one or more credit reports. information about your employment and banking and credit relationships) that they may deem necessary or appropriate in evaluating your credit application. If your credit application is approved and credit is granted, you also authorize the parties granting credit or holding your account, and their respective employees and agents. to obtain additional credit reports and other information about you in connection with reviewing the account, increasing the available credit on the account (if applicable). taking collection on the account. or for any other legitimate purpose. Married Wisconsin Residents: No provision of any marital property agreement, any unilateral statement underWis. Stat § 766.59 or any court decree under § 766.70 applied to marital property adversely affects our interest unless you furnish a copy of the agreement. statement. or court decree or we have actual knowledge of such adverse provision before credit is granted. If you are making this credit application individually and not jointly with your spouse, complete Section A about yourself and Section B about your non-applicant spouse. Your non-applicant spouse should not Sign the credit application if you are applying for individual credit. Page 2 of 3 © 2014 Dealertrack. Inc, All riohts‘reserved. DT 7/14 Printed on 05/20/2015 a! 05:49 PM I meg ar salesilc 'us'eom ‘ ' ' ' ' ‘ ’ {DEALER sE'cfloN ' ' ' ' * ‘. ' 1 Dealer # Vehicle Type Mileage Product Type Stock Number Source 508526 ‘ Used 99721 Retail Certified Pre Owned D Year Make - Model Trim VIN 2009 DODGE RAM 1500 4WD QUAD CAB 140.5" SLT Term Cash Selling Price Sales Tax T & L Cash Down Front-End Fees Rebate Net Trade Acq Fee Unpaid Balance 54 18,995.00 1,866.00 395.00 3,500.00 17,756.00 Accident/Health Ins. Credit Life Insurance Ga Service Plan Back.End Fees Est. Amt. Financed 755.00 18,551 .00 MSRP InvoiceIWholesale Value Wholesale Source Retail Value Retail Source Estimated Payment Requested APR 19,401 .00 Kelley Blue Book Bookout Date Lender Program Vehicle Bookout D Vehicle Options Pwr Driver Seat, Alloy Wheels, Entertainment System. 5.7L V8 Engine, Navigation System, Leather, Chrome Pkg, Infinity Stereo System, Bed Liner, Towing/Camper Pkg ‘ «a A, n r [N Information|’“.‘\’va M; Year Make Model Trim Lienholder Monthly Payment Page 3 of 3 © 2014 Dealenrack. Inc. All riahts reserved. DT 7/14 Printed on 05/20/20153! 05:49 PM Exhibit “2” ' verosm 2333 N Broadway, Suite 400' Santa Ana, California 92706 Cl‘Edlt (888) 891-8807 8am-6pm PST Mon-Fri. NOTICE OF OUR PLAN TO SELL PROPERTY Date of notice and mailing: 12/23/2019 Holder of contract and legal owner of Vehicle: VEROS CREDIT, LLC 2333 N. BROADWAY, SUITE 400 SANTA ANA, CA 92706 Telephone number to call for information: 714-41 5-61 00 l Toll-Free 888-891-8807 Account Number: .1779 Name and address of each person (debtor) liable on the contract: SERGIO A CASTILLO, 3430 FIFE WAY, SAN JOSE, CA 951322013 Other Address: Description of Motor Vehicle (“Vehicle”): 2009 DODGE RAM 1500 C VIN: 1D3HB13P29J508058 Subject: Motor Vehicle Conditional of Sale or Security Agreement We have your Vehicle because you broke promises in our agreement. We intend to dispose of the Vehicle as explained in this Notice subject to your rights to redeem (get back) the Vehicle as described in this Notice. Private Sale We will sell the Vehicle at private sale sometime after 01/08/2020. A sale could include a lease or license. The money that we get from the sale (after paying our costs) wi|| 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. You can get this Vehicle back at any time before we sell it by paying us the full amount you owe (notjust the past due payments) including our expenses. To learn the exact amount you must pay, call us at the telephone number shown at the top of this Notice. Ifyou want us to explain to you in writing how we have figured the amount that you owe us, you may call us at the telephone number shown at the top of this Notice, or you may write to us at the address shown at the top of the Notice and request a written explanation. If you need more information about the sale call us at the telephone number shown at the top ofthis Notice or write to us at the address shown at the top ofthis Notice. We are also sending this Notice to each ofthe following other people who owe have an interest in the Vehicle or owe money under the agreement: You have additional rights under state law. Please see the Notice of Intent to Dispose of Motor Vehicle, below. You are in default under the agreement as follows (select applicable provisions): Failure to make payment(s) due under the agreement. Failure to keep the Vehicle free from encumbrances and liens. Failure to keep and maintain insurance on the vehicle. Failure to perform other obligation under the agreement: ll DD Right to Reinstate You have the right to reinstate the contract and get back the Vehicle. To reinstate, you must do the following (below) within 15 days of the date of this Notice (20 days if this Notice is mailed outside of California or the address of any of the persons liable on the agreement is outside of California). You have the right to request an extension of this time of 10 additional days (see below). Your cure of the default must be made to the office whose name and address are shown at the top of this Notice. Pay the Total Amount Now Due Past due payments $ 13,408.79 + Unpaid late fees $ 0.00 + Repossession expense $ 1,1 15.00 + Storage expense $ 0.00 + Other: $ 0.00 + Government Fee (see below) $ 0.00 = Total Amount Now Due $ 14,523.79 n Other action needed to cure default: You must also pay the following amounts if they come due during the reinstatement period (and, if applicable, any extension period) to reinstate your agreement: o Payment to come due on 01/19/2020: o Late fee for payment not made on or before 01/29/2020: $0.00 (or 5% of the part ofthe payment that is late). o Storage accruing at the daily rate of: $0.00 per day from the date of this Notice until the date you reinstate your contract and pick up the Vehicle. o Interest accruing at the rate of: $0.00 per day from the date of this Notice until the date you reinstate your contract. If you reinstate your contract or redeem your vehicle, a repossession report fee in the amount of $15 (the “Government Fee”) must be paid to the local police agency before you can get your vehicle back. Veros Credit wi|| advance this fee on your behalf, and you are not personally liable for paying the repossession report fee if you reinstate your contract or redeem your vehicle. (Continued on following page) n You do n_ot have the right to reinstate the contract because (select statutory reason): n You, or any other person liable on the agreement by omission or commission intentionally provided false or misleading information of material importance on your, his or her credit application. n You, or any other person liable on the agreement, or any permissive user in possession of the motor vehicle, in order to avoid repossession have concealed the Vehicle or removed it from the state. n You, or any other person liable on the agreement, or any permissive user in possession of the Vehicle, have committed or threatened to commit acts of destruction, or have failed to take care of the Vehicle in a reasonable manner, so that the Vehicle has become substantially impaired in value, or the you, any other person liable on the agreement, or any nonoccasional permissive user in possession of the Vehicle have failed to take care of the Vehicle in a reasonable manner, so that the Vehicle may become substantially impaired in value. n You, or any other person liable on the agreement have committed, attempted to commit, or threatened to commit criminal acts of violence or bodily harm against an agent, employee, or officer of the seller or holder in connection with the seller's or holder's reposs ession of or attempt to repossess the Vehicle. n You have knowingly used the Vehicle, or have knowingly permitted it to be used, in connection with the commission of a criminal offense, other than an infraction, as a consequence of which the Vehicle has been seized by a federal, state, or local agency or authority pursuant to federal, state, or local law. n You, or any other person on the contract have already exercised the right to reinstate the agreement within the past 12-month period, or twice within the term of the agreement. Right to Redeem You have the right to redeem (get back) the Vehicle at any time up until the date we sell the Vehicle, or the date we enter into a contract for its sale, by paying to the office whose name and address are shown at the top of this Notice the full indebtedness as evidenced by the contract. This date will be at least 15 days from the date of this Notice (20 days if this Notice is mailed outside of California or the address of any of the persons liable on the agreement is outside of California). You have the right to request an extension of the time of 10 additional days (see below). Contract balance $ 13,408.79 + Unpaid late fees $ 0-00 + Repossession expense $ 1,115.00 + Storage Expense $ 0.00 + Accrued Interest $ 0-00 + Other $ 0.00 + Government Fee (see below) $ 0.00 Subtotal $ 14,523.79 - Less unearned finance charge $ - Less unearned insurance charge $ = Total Amount Now Due $ 14,523.79 You must also pay the following amounts if they come due during the redemption period (and, if applicable, any extension period) to redeem: o Payment to come due on 01/19/2020: o Late fee for payment not made on or before 01/29/2020: $0.00 (or 5% ofthe part of the payment that is late). o Storage accruing at the daily rate of: $0.00 per day from the date of this Notice until the date you reinstate your contract and pick up the Vehicle. o Interest accruing at the rate of: $0.00 per day from the date of this Notice until the date you reinstate your contract. If you reinstate your contract or redeem your vehicle, a repossession report fee in the amount of $15 (the “Government Fee”) must be paid to the local police agency before you can get your vehicle back. Veros Credit will advance this fee on your behalf, and you are not personally liable for paying the repossession report fee if you reinstate your contract or redeem your vehicle. LOCATION 0F VEHICLE If you have the right to reinstate and you reinstate the contract, or if you redeem the Vehicle by paying us the total outstanding due, the Vehicle will be returned to you at: 18501 W. STANFORD ROAD, TRACY, CA, 95377 Phone: 209-839-8000 RIGHT TO REQUEST AN EXTENSION We intend to dispose of the vehicle sometime after 15 days from the date of this Notice (20 days if this Notice is mailed outside of California or the address of any of the persons liable on the agreement is outside of California). Upon written request, we wi|| extend for an additional 10 days the redemption period and, if applicable, the reinstatement period, as well as the sale date. A form you may use for making that request, with instructions, is included with this notice. If we timely receive your request, we will extend the redemption period and any applicable reinstatement period as well as the sale date 10 days without further nofice. WRITTEN ACCOUNTING Upon written request, we will furnish you with a written accounting regarding the disposition of the Vehicle. Your accounting request must be personally served or sent to us by first-class mail, postage prepaid, or certified mail, return receipt requested, to the following address: 2333 N. Broadway, Suite 400, Santa Ana CA 92706. In addition, your accounting request must be made within one year after the disposition of the vehicle. NOTICE. YOU MAY BE SUBJECT TO SUIT AND LIABILITY |F THE AMOUNT OBTAINED UPON DISPOSITION OF THE VEHICLE IS INSUFFICIENT TO PAY THE CONTRACT BALANCE AND ANY OTHER AMOUNTS DUE. Upon disposition of the Vehicle, you will be liable for any deficiency balance plus interest at the contract rate, or at the legal rate of interest pursuant to California Civil Code Section 3289 if there is no contract rate of interest, from the date of disposition of the Vehicle to the date of entry ofjudgment. <3va you would like to request an extension of time before the sale of the Vehicle, please detach this portion and mail it to us at the address above}:- REQUEST FOR AN EXTENSION OF TIME To: VEROS CREDIT, LLC, Attn: Loss Mitigation Dept., 2333 N Broadway, Suite 400 Santa Ana, CA 92706 Please extend the redemption period (or reinstatement and redemption periods, if | am entitled to reinstatement) and the sale date, for an additional 10 days. Your Name: SERGIO A CASTILLO Your Name: Account No.:- 1779 Signature Date You must either personally serve this Request on us or send it to us by certified or registered mail, return receipt requested. If we receive this Request within 15 days of the date of this Notice (20 days if this Notice is mailed outside of California or the address of any of the persons liable 0n the contract is outside California), we wi|| extend the time to reinstate the contract, if you have that right, or to redeem, for 10 days. NOICA2015V1 .0 ' verosm 2333 N Broadway, Suite 400' Santa Ana, California 92706acrEdlt (888) 891-8807 8am-6pm PST Mon-Fri. SERGIO A CASTILLO 3430 FIFE WAY SAN JOSE, CA 951322013 See Attached Exhibit “3” 10/19/21, 3:41 PM Alejandra Vega Oregel (/P 6B 255 248 247) ASSIGI‘-JMEl'-JTS [r-JVENTORY Ll'v'E REPORTSWmm TABBED VEHIcLE SUMMARY Tabbed Vehicle Summary TITLESLRDOCS PRICEVEHICLES ADMIH Mmonovemcmusr [Ennsr IPREV NEXT- usr@ ‘ Sold I Fund Sent A 2009 DODGE RAM 1500 m 1DBHB13P29J508058 Action: - -W Ext Color Gold Client Veros Crefl Secondary Client N0 KEYS Int Color Grey Cn Acc # 1779 SERGIO Confirmation Number Engine 8 (Minder Gas CASTILLO Vehicle Grade (Original CR) Transmission Automatic AuctionW Grade 1 7 Tmnsmission Auc WOISN 462021 Vehicle Grade (Approved Series SLT Auction's Sub Client ID (from CR) Grade 0 0 Sub-Series auction) Classification 1 I 23 Stan Stop EquipmentW Mileage 146,074 Title Status Tltle Receivedfl License Plate 7663 Title Status from Auction Tulle" 1v. i W ‘9 Mailed to Buyer,v . . Client Locked Yes I Trackim Condition I I Client LivePricinq Holds Documents ' Chrome Data AuloCheck Scroll TO T w V 1 3. ‘ ‘ ‘ "Ti I RL'W Hv’cflr“, AHFIWH 5741‘;er {Ad PLUM '31 i'w '-r >1" ' Printame View IWI-Il \ |wl I Sale lnformaflon Lm I) T Funds Received - Lu|e# 01 Buyer Payment Received Date 02/03/2020 Rm# 937 Sold Date 0180/2020 Req Rm! - Sale Price $1 ,7m 00 Hoot Price (Accepted) $2.000 oo Check Amount s1 ,112.11 Floor Price (Requested) $2.000 oo Check Number 240403450 Damage Est. $1 0,338.70 Clurge Amount $58189 Scheduled Sale Dame 015012020 Buyer ID 227050708 Days Run 1 Buyer Name AUTO BOSS LLC Online Days Run - Purchas'mg Deder Sate CA Highest Bid - Inmmet Buyet? No Auction Venue Open Audion Sale Manufactuet Deder Nunber - Arbitration Reason - GST Collected - Funds Sent 0131/2020 PST Coleaed - Funds Shipp‘mg Method - Cotporate Pam Amount - Funds Tracking Number - Commute Tires Amomit - Run History Customize Layout mmiulwr! .xln [Luv I Flool Plicr} [Ax:r::vptn:>d) I fi‘ ’ 7 ‘l Ir-x‘wl} I ALII Tinn Vomw Lane #3 I Run W? 01/16/2020 s4 500 co s4 500 oo Open Auction sue 28 0113012020 52 om oo 52 coo oo Open Auction sue 991 Aucfion Supplied Dates . . . 02/13/2020 Auction Date 1 -Mod: led by Anon EDI 4 02 PM EST Auction Dame 2 ~”Wm““‘de 12’13’2019 nae Received 01/102020 E" Pickup POA Received Dane - Est. Arrival 13’11’3919," sueable 01/08/2020 loading httpsrl/www9.autoims.com/Jsp/vehicle/detail.jsp?invid=108304553&archive=yes&show-view 1/1 B'I' ENDORSEMENT, THIS CHECK IE MCEPTED W FULL PAYIENT 0F TflE ABOVE iGOOUNT. IF INCORRECT. PLELEEm“. YHIS DOCUMENT CDHTMNS SECURITY FEfiTUfiES - SEE BACK. FDR DEYAILS ' ADESA Golden Gale ”m“ ‘73:: Blniv M- 55.1mm l V 15501 West Stanton: Road | H. K Tracy. CA 95377 om: 0113312020 “°' 24°4°3"5° J ADE THIS cram: m1- cLEARmum Wm Mt" 12° Days , GONEIGNDR'S HANK ACCOUNT Nimflundred1mm andflflpg Quiz: , _,_ V. _ _, 5912-11 Lot# T93? 2009 DODGE RAM 1500 VIN 103-513me Pay To: VEROS CREDIT LLC 2333 N. Bmdmy Suite 400 . Santa Ana. CA 927-06 t: g i. __ jmnem I _'-Fa‘l.dl.oal.50u- ::nt.§iTEl.l.i-: 533355253"- nun" mununnnnn. _. mama." un- uw- mu vulr-VIH m-u Inn]. W1 ml r WWI B'l" ENDORSEMENT. I'HB GEEK3mm II Ml.HmwTHIABUVEMCOLNT. IF NCOMECT. PLEA§Em". Tmsoocumemaonmns ascunrrv-FEATurras-SEE an KFO ADESA Golden Gate m “3;:“m "J‘- 55-15mm 18501 West Stanford Road E \ nacy. CA 95377 Data: ommgzq N°‘ 240403436 l 1 A Turs auscK nus:- cLEAn mnouan W” Mt" 12° Days f commonsmu Accoum ‘nn'ro' Hundred mu omen Dollars __ _ $200.00J I um 1mna1apmmosa Pay To: I VEROS CREDIT LLC 2333 N. Broadway Sum 400 éZSenna Ana. mama fig22L__9:099:11 '-- II-ahdhniaan- n:nnun'syuu: 5532253936- 10/14/2020 Larry Gibo (IP 35 129 104 163) ”arv'ElujTOR‘y' LIVE REPORTS TITLES a DOCS ADMIN ilocinldiotanca TABBED VEHICLE SUMMARY Tabbed Vehicle Summary I Sold I Funds Sent A '7 1 7 ‘ 2009 DODGE RAM 1500 mu; 1D3HB13P29J508058 Action Ext. Color. Gold Client: Veros Creiit Secondary Client: N0 KEYS Int Color: Grey Cn, Acc. #1 1779 SERGIO Sub-Client: - Engine: 8-Cylinder Gas CASTILLO Vehicle Grade (Original CR): Transmission: Automatic Auction:W Grade 1.7 Transmission Auc. WOISN: 462021 Vehicle Grade (Approved Series: SLT Auction's SutyCIient ID (from CR): Grade 0.0 SubSeries: - auction): - Classification: - 1 I23 Stan stop Equipment: BQALAQES; Mileage: 146,074 Title Status: Title Received r1. License Plate: 7663 Title Status from Auction: Tulle" 1' :;.fl W ‘9 Q Mailed to Buyerx“ - M. Client Locked: Yes I Tracking I I Auction Client I Holds I Docunents l Chrome Data l AutoCheck ScmH TL , M Lian dgc: a J'xg‘na‘ CR; Damages \‘Appfoved (:2ij Approwa s PHv3Cy~1Cars ActweX Versuon Add Repaxr Note Printable View No - - Damage 59:2; w - - - - - 50.00 No 4°" 5 , ‘ :‘ '- ‘ Overall . Pnoao- 7 No - - Damage Pncture - - - - - - - sovoo No "‘* I Pnot - Photo | No - - Damage Ru: Only - - - - - - $0.00 No m No - - Damage Pia m - - - - - - $0.00 NoI No - - Damage Pia '33: - - - - - - $0.00 No- No - - Damage Pm1 m - - - - - - $0.00 No i ug' ‘h No - - Damage P333 m - - - - - - 50.00 Nom No - - Damage mg; m - - - - - - 50.00 No- loading htmw/www9.autoims.comfjsp/vehicle/detail.jsp?invid=108304553&archive=yes&show~view# 1I1 Exhibit “4” ”I Used Vehicle Report +Aufl- Kelley Blue Buck 1 R rtD t : 11/01/2021r” W" QUICKVALUES ep° a e 2009 Dodge Ram 1500 Crew Cab SLT Pickup 4D 5 1/2 ft Values Valuation Ranges MSRP When New $37,310 Typical Listing Price (CPO) NA Fair Purchase Price (CPO) NA NA - NA Typical Listing Price $10,708 Fair Purchase Price $9,760 $8,289 - $11,230 Lending Value $8,817 Private Party Excellent $9,318 $7,913 - $10,722 Very Good $8,432 $7,123 - $9.740 Good $7,166 $5,995 - $8.336 Fair $5,986 $4,944 - $7,027 Auction Excellent $8,674 Very Good $7,827 Good $6,617 Fair $5,488 Trade-ln Excellent $7,644 $6,412 - $8,875 Very Good $6,797 $5,658 - $7,935 Good $5,587 $4,580 - $6,593 Fair $4,458 $3,573 - $5,342 Notes: ©2021 Kelley Blue Book® Co., Inc. All rights reserved. 01/30/2020 Edition for 95377. The specific information required to determine the value for this particular vehicle was supplied by the person generating this report. Vehicle valuations are opinions and may vary from vehicle to vehicle. Actual valuations will vary based upon market conditions, specifications, vehicle condition or other particular circumstances pertinent to this particular vehicle or the transaction or the parties to the transaction. This report is intended for the individual use of the person generating this report only and shall not be sold or transmitted to another party. Kelley Blue Book® assumes no respons bility for errors or omissions. Page 1 of 3 ”I Used Vehicle Report *fiHfi-h- Kelley Blue Buck leF ,o'nu. QUICK VALUES“ Report Date: 11/01/2021 2009 Dodge Ram 1500 Crew Cab SLT Pickup 4D 5 1/2 ft ©2021 Kelley Blue Book® Co., Inc. All rights reserved. 01/30/2020 Edition for 95377. The specific information required to determine the value for this particular vehicle was supplied by the person generating this report. Vehicle valuations are opinions and may vary from vehicle to vehicle. Actual valuations will vary based upon market conditions, specifications, vehicle condition or other particular circumstances pertinent to this particular vehicle or the transaction or the parties to the transaction. This report is intended for the individual use of the person generating this report only and shall not be sold or transmitted to another party. Kelley Blue Book® assumes no respons bility for errors or omissions. Page 2 of 3 Kelley Blue Buck 2009 Dodge Ram 1500 Crew Cab SLT Pickup 4D 5 1/2 ft Valueasof: 01/30/2020 VIN: 1D3HB13P293508058 Zip Code: 95377 Condition: Fair Mileage: 146,074 Color: Vehicle Details Year: 2009 make: Dodge Model: Ram 1500 Crew Cab Trim: SLT Pickup 4D 5 1/2 ft Optional Equipment AM/FM Stereo, CD/MP3 (Single Disc) “”6”" QUICKVALUES Engine: V8, 4.7 Liter Trans: Automatic, 5-Spd w/Overdrive Drivetrain: 2WD Used Vehicle Report Report Date: 11/01/2021 ©2021 Kelley Blue Book® Co., Inc. All rights reserved. 01/30/2020 Edition for 95377. The specific information required to determine the value for this particular vehicle was supplied by the person generating this report. Vehicle valuations are opinions and may vary from vehicle to vehicle. Actual valuations will vary based upon market conditions, specifications, vehicle condition or other particular circumstances pertinent to this particular vehicle or the transaction or the parties to the transaction. This report is intended for the individual use of the person generating this report only and shall not be sold or transmitted to another party. Kelley Blue Book® assumes no respons bility for errors or omissions. Page 3 of 3 EXhibit “5” ,. 2333 N Broadway, Suite 130VEr05 Santa Ana, California 92706 Phone: (888) 891-8807 I CPEdI Hours: Mon-Fn' Sam-Gpm PST Date: 2/1 2/2020 Account No.:- 1 779 UDUDIIS-DDDDIIS PDE‘K‘ DDl 961939 SERGIO A CASTILLO 3430 FIFE WAY SAN JOSE, CA 95132201 3 Explanation of Calculation of Surplus or Deficiency Re: Retail Installment Sale or Credit Sale Contract dated 05/20/2015 (“Agreement") 2009 DODGE RAM 1500 C VIN 1D3HB13P29J508058 (“Vehicle”) Dear SERGIO A CASTILLO: Please be advised that we disposed of the Vehicle on 01/30/2020. The proceeds of the sale have been applied as explained below. If you financed a premium for credit insurance under your Agreement, you may be entitled to a refund of any unearned portion of the premium. A. Aggregate unpaid balance of Agreement as of 01/30/2020 $14323.79 including the unpaid principal balance, accrued finance charges, accrued and unpaid late fees and returned check fees. B. Gross proceeds from the sale of the Vehicle - $1,700.00 C. Subtotal after deducting proceeds of sale (A plus or minus B) = $1 2623.79 D. Costs of repossession, storage, sale preparation, and $787.89 disposition, including attorneys’ fees and court costs. E. Aggregate credits or rebates of unearned insurance premiums, $ interest, or credit service charges. F. Balance due/surplus after sale (C plus or minus D, plus or minus E) = $13,41 1.68 G. Accrued interest from 01/30/2020 to 2/12/2020 + $ H. Total balance due as of date of this letter. (F plus G) = $1341 1 .68 (The checked box applies to you). Deficiency balance for which you are liable and for which demand” is hereby made $1341 1 .68.“ U Surplus balance remitted to you herewith $0.00“ U Surplus balance paid to a subordinate party $. “Future debits, credits, charges, finance charges or interest, rebates, or other expenses that may be applied to your account after the date of this letter may affect this amount. Interest accrues at the rate of $0.00 for each day after the date of this notice. You must contact us immediately if you wish to resolve this matter quickly. We may be able to negotiate an arrangement that will allow you to satisfy this debt. If you do not make arrangements with us, legal action may be taken against you to recover the full deficiency balance. If you need more information about the transaction call us at (888) 891-8807, or write us at 2333 N. Broadway, Suite 130, same Ana’ callfom'a 92706' We may report information about your Account to credit Sincerely bureaus. Late payments, missed paymepts, or other Veros Crédit :ieegztgts on your Account may be reflected In your credit ' NO‘HCE: If you are entitled to the protections of the United States Bankruptcy Code (11 UASAC. §§ 362; 524) regarding the subject matter of this letter, the following applies to you: THIS COMMUNICAflON ls NOT AN ATTEMPT TO COLLECT, ASSESS, 0R RECOVER A CLAIM IN VIOLA110N OF THE BANKRUPTCY CODE AND IS FOR INFORMATIONAL PURPOSES ONLY. ND12015V1.1 COLLECTIONS Monetary History Summary M 88224 Ban , Product Type, Account 900 |L 00090_17791010 Ban 900 Pre ious Account Number-1779 Related Commitment Customer Current Date 10/14/2020 Borro er SERGIO A CASTILLO Collector Parameter Name L1F, Lisa Flores Alternate Addr Record Fla N Collector Phone 0000000000, Screen Ban 900 Total Transactions 77 M 88224 Total Columns 14 M 88224 M 88224 -aa: i=gw 1%aniammg f Efiflanfia , ‘ ,_H,J v, - , 2/6/2020 2/6/2020 30-6 200 713408.79 0 0 200 Miscellaneous fee payment REPO 2/6/2020 2/6/2020 30-A O 13408.79 O O O Allocation payment AUCT 2/3/2020 2/3/2020 30-6 740 13408.79 0 O 740 Miscellaneous fee payment IMFF 2/3/2020 2/3/2020 30-6 172.11 13408.79 O O 172.11 Miscellaneous fee payment REPO 2/3/2020 2/3/2020 30-A 0 13408.79 0 O O Allocation payment AUCT 12/13/2019 12/11/2019 46-6 -375 13408.79 0 O -375 Debit adjustment miscella REPO 12/13/2019 12/11/2019 46-6 -740 13408.79 0 O -740 Debit adjustment miscella IMFF 3/30/2018 3/30/2018 LTc -30.65 12279.79 0 o o Late Charge 3/30/2018 3/30/2018 LTCM 30.65 12310.44 O O 0 Late Charge misc adj 3/30/2018 3/30/2018 LTc -30.65 12310.44 0 o o Late Charge 3/30/2018 3/30/2018 LTCM 30.65 12341.09 0 O O Late charge misc adj 3/30/2018 3/30/2018 LTc -30.65 12341.09 O o o Late Charge 3/30/2018 3/30/2018 LTCM 30.65 12371.74 0 O O Late charge misc adj 3/30/2018 3/30/2018 LTC -30.65 12371.74 0 O O Late Charge 3/30/2018 3/30/2018 LTCM 30.65 12402.39 0 o o Late charge misc adj 3/30/2018 3/30/2018 LTC -30.65 12402.39 0 o o Late Charge 3/30/2018 3/30/2018 LTCM 30.65 12433.04 O O 0 Late charge misc adj 3/30/2018 3/30/2018 INTA 1139.6 13572.64 O o o Interest Adjustment 3/30/2018 3/30/2018 DISC -163.85 13408.79 0 o o Discount 3/30/2018 3/30/2018 ICHG O 13408.79 O O O Interest Rate Change 3/29/2018 3/29/2018 LTC 30.65 12279.79 0 o o Late Charge 3/1/2018 3/1/2018 LTC 30.65 12279.79 O 0 o Late Charge 1/29/2018 1/29/2018 LTC 30.65 12279.79 0 o o Late Charge 12/29/2017 12/29/2017 LTC 30.65 12279.79 0 o o Late Charge 11/29/2017 11/29/2017 LTC 30.65 12279.79 O o o Late Charge 10/27/2017 10/27/2017 30-A 1256.75 12279.79 861-78 364.32 30.65 AC1 Debit Card Pmt 9/29/2017 9/29/2017 LTC 30.65 13141.57 0 o o Late Charge 9/11/2017 9/11/2017 30-A 643.7 13141.57 178-19 434.86 30.65 AC1 Debit Card Pmt 8/29/2017 8/29/2017 LTC 30.65 13319.76 0 o o Late Charge 8/4/2017 8/4/2017 30-A 158.13 13319.76 O 150.6 7.53 ACI Debit Card Pmt 7/29/2017 7/29/2017 LTC 7.53 13319.76 0 0 o Late Charge 7/27/2017 1/30/2017 AUTO -2325 13319.76 O o o Auto Comp & Col. 7/27/2017 7/19/2017 PCHG 16.85 13319.76 O o o Payment Amount Chg 7/27/2017 2/19/2017 PCHG -92.49 13319.76 0 O O Payment Amount Chg 7/27/2017 7/19/2017 PCHG -16.85 13319.76 O o o Payment Amount Chg 6/30/2017 6/30/2017 30-A 398.17 15842.3 0 379.21 18.96 AC1 Debit Card Pmt 6/29/2017 6/29/2017 LTC 18.96 15842.3 0 o o Late Charge 5/19/2017 5/19/2017 30-A 613.05 15842.3 407-46 205.59 o ACI Debit Card Pmt 4/28/2017 4/28/2017 30-A 705.54 16249.76 614-1 91.44 o AC1 Debit Card Pmt 4/19/2017 4/19/2017 30-A 613.05 16863.86 283.57 320.23 9.25 Ac: Debit Card Pmt 3/29/2017 3/29/2017 LTC 9.25 17147.43 O o o Late Charge 3/19/2017 3/19/2017 30-A 613.05 17147.43 318.49 294.56 o AC1 Debit Card Pmt 2/19/2017 2/19/2017 30-A 613.05 17465.92 296-75 316.3 o ACI Debit Card Pmt 1/30/2017 1/30/2017 AUTO 2325 17762.67 0 0 o Auto Comp & Col. 1/30/2017 2/19/2017 PCHG 92.49 15437.67 O O 0 Payment Amount Chg 1/19/2017 1/19/2017 30-A 613.05 15437.67 318-86 294.19 0 AC1 Debit Card Pmt 12/19/2016 12/19/2016 30-A 613.05 15756.53 322-35 290.7 o AC1 Debit Card Pmt 11/19/2016 11/19/2016 30-A 613.05 16078.88 307.08 305.97 o ACI Debit Card Pmt 10/19/2016 10/19/2016 30-A 613.05 16385.96 460.8 152.25 o AC1 Debit Card Pmt 10/4/2016 10/4/2016 30-A 643.7 16846.76 415.45 197.6 30.65 AC1 Debit Card Pmt 9/29/2016 9/29/2016 LTC 30.65 17262.21 0 o o Late Charge 9/15/2016 9/15/2016 30-A 642.76 17262.21 79-2 532.95 30.61 AC1 Debit Card Pmt 8/29/2016 8/29/2016 LTC 30.61 17341.41 O o o Late Charge 7/26/2016 7/26/2016 30-A 613 17341.41 559-1 53.9 0 AC1 Debit Card Pmt 7/21/2016 7/21/2016 30-A 679 17900.51 362.35 286 30.65 Ac: Debit Card Pmt 6/29/2016 6/29/2016 LTC 30.65 18262.86 0 o o Late Charge 6/25/2016 6/25/2016 30-A 613.05 18262.86 65.67 516.73 30.65 ACI Debit Card Pmt 5/29/2016 5/29/2016 LTC 30.65 18328.53 O o o Late Charge 5/23/2016 5/23/2016 30-A 640 18328.53 O 609.35 30.65 AC1 Debit Card Pmt Page 1 of4 COLLECTIONS Monetary History Summary M 88224 Ban , Product Type, Account 900 |L 00090_17791 010 Ban 900 Pre ious Account Number-1779 Related Commitment Customer Current Date 10/14/2020 Borro er SERGIO A CASTILLO Collector Parameter Name L1F, Lisa Flores Alternate Addr Record Fla N Collector Phone 0000000000, Screen Ban 900 Total Transactions 77 M 88224 Total Columns 14 M 88224 M 88224 r K, u Tran Guide 777 ., Balama 7 ‘ , , I 4/29/2016 4/29/2016 LTc 30.65 18328.53 0 0 o Late Charge 3/16/2016 3/15/2016 3o-A 500 18417.68 186-12 313.88 o Lock Box Payment 3/16/2016 3/15/2016 30-A 89.15 18328.53 89-15 0 o Lock Box Payment 2/16/2016 2/16/2016 3o-A 55o 18603.8 232-2 317.8 o Lock Box Payment 1/19/2016 1/19/2016 3o-A 700 18836 242.32 457.68 o Lock Box Payment 12/18/2015 12/18/2015 AUTO 2475 19078.32 0 o o Auto Comp & Col. 12/18/2015 1/19/2016 FCHG 80.09 16603.32 0 o 0 Payment Amount Chg 12/9/2015 12/9/2015 30-A 532.96 16603.32 522-64 10.32 o AC1 Debit Card Pmt 12/8/2015 12/8/2015 30-A 559.61 17125.96 26-79 506.17 2 65 AC1 Debit Card Pmt 11/29/2015 11/29/2015 LTc 26.65 17152.75 0 o o Late Charge 10/20/2015 10/20/2015 30-A 532.96 17152.75 250 282.96 0 AC1 Check Pmt 9/23/2015 9/23/2015 3o-A 532.96 17402.75 172.9 360.06 0 AC1 Debit Card Pmt 8/20/2015 8/20/2015 PF 9.95 17871.67 0 O O CC Convenience Fee 8/20/2015 8/20/2015 30-A 542.91 17575.65 296-02 236.94 9.95 BPS Electronic Pmt 7/29/2015 7/29/2015 3o-A 542.91 17871.67 142-36 390.6 9.95 BPS Electronic Pmt 7/29/2015 7/29/2015 PF 9.95 18014.03 0 O O CC Convenience Fee 6/23/2015 6/23/2015 3o-A 532.96 18014.03 160.66 372.3 o Dbt/Crdt Card Paymt 6/9/2015 5/20/2015 OPEN 18174.69 18174.69 0 O O Opening Balance Page 2 of 4 COLLECTIONS Monetary History Summary 3/29/2018 11/19/2017 3/1/2018 11/19/2017 1/29/2018 11/19/2017 12/29/2017 11/19/2017 11/29/2017 11/19/2017 11/19/2017 11/19/2017 11/19/2017 11/19/2017 ll/l9/2017 11/19/2017 ll/19/2017 11/19/2017 11/19/2017 9/19/2017 9/19/2017 8/19/2017 8/19/2017 7/19/2017 7/19/2017 7/19/2017 2/19/2017 7/19/2017 7/19/2017 6/19/2017 6/19/2017 5/19/2017 4/19/2017 3/19/2017 3/19/2017 3/19/2017 2/19/2017 2/19/2017 2/19/2017 1/19/2017 12/19/2016 ll/l9/2016 10/19/2016 9/19/2016 9/19/2016 8/19/2016 8/19/2016 7/19/2016 6/19/2016 6/19/2016 5/19/2016 5/19/2016 Page 3 of 4 COLLECTIONS Monetary History Summary 4/19/2016 4/19/2016 4/19/2016 3/19/2016 2/19/2016 1/19/2016 1/19/2016 1/19/2016 12/19/2015 11/19/2015 11/19/2015 10/19/2015 8/19/2015 9/19/2015 8/19/2015 7/19/2015 7/19/2015 6/19/2015 Page 4 of 4 10/14/2020 Equifax Verification Services - Result Requester: Lisa Flues Organizau'on: Vems Credit, LLC Email: Lflores1@veroscredit_oom Address 2333 N. Broadway Suite 300 Cell Phone: Work Phone: 7143522403 Inquiry Date: 10I14/20 Inquiry SSN: XXX-XX-8693 Inquiry Type: VOE Permissible Purpose: Tracking Number: -1779-1010 ICO Imps:l/secur62.verifiermewmknumber.comlverifier4l#lnew0rderl555551 91 -381246b7-98b8-4d70e02676001receipt 10/14/2020 Equifax Verification Services - Results SERGIO AGUILAR CASTILLO XXX-XX-BU3 RECORD 1 OF 1 EMPLOYER: PLUMBING TECH REPIPE SPECIALIS(2447239) "E CURRENT AS OF 10I07I2020 BK NUMBER‘- Order Information Verified On: 10l1 4/2020 Reference #: 884461 3076 Employer Employer: Plumbing Tech Repipe Specialis(2447239) Headquarters Address: 1620 Oakland Rd - Ste 0202 San Jose CA 95131 Federal - Emplo er Data not provnded Idenfi cation Number (FEIN): Employment Employment status: Most Recent Start Date: 08/1 0/2020 Original Hire Date: 08l1 0/2020 Total Time With Employer: 0 Years, 2 Months NOTICE INFOWATION CONTAINED IN TIEWORKMBER VEHFICAHONS SECTION OF THIS REPORT IS CONSUMER REPORT INFORMA'HON OBTAIN) FRM Tl-EWW NUMBERO. IT CAN BE USED FOR THE FCRA PERMISSIBLE PURPOSE FOR WHICH THIS CONSlMER RE’ORT WAS OBTAINED, AND THE USER MUST ADI-ERE T0 FCRA REQUIRBAENTS, INCLUDING BUT NOT UM'I'ED T0 THE RELEVANT REQUIRBAENTS CONTAINE II THE CFPB'S NOTICE T0 USERS 0F CONSWER RE’OR'IS. This verifiemion is system-generated and comins data that originated fmm the enployel’s payroll system If any infatuation is missing, it because the employer (id not provide this infovmation for inclusion in The Wotk Nunber verificdion. Infonnntion not provided by the employer is showing as "Data Not Prwided.“ Nae, iftll's person left this employetam was rehiled later, the 'Toml Tine with Enployer" anount will likely be undersuted and will only railed the nut meant consecutive months of suvice. Mons? Cal 1m75690 betwen 7am-7pm CT Monday through Friday (Hea'mg inpaited ciens Imy call1mm. htmszllsecureZ.verifier.theworknumber.com/verifier4l#lnew0rderl555551 91 -381 246b7-93b8-4d70e0267600/teceipt 2/3