FILED
`4/19/2024 4:14 PM
`FELICIA PITRE
`DISTRICT CLERK
`DALLAS CO., TEXAS
`Cynthia R Willis DEPUTY
`
`2 CIT ESERVE
`
`
`PNC BANK, NATIONAL
`ASSOCIATION,
`Plaintiff
`
`v.
`
`RAFAEL AREVALO AKA RAFAEL J
`AREVALO and LYDIA AREVELO,
`
`
`DC-24-05604
`NO. ________________________
`
`§
`§
`§
`§
`§
`§
`§
`
`IN THE DISTRICT COURT
`
`116th
`_______ JUDICIAL DISTRICT
`
`DALLAS COUNTY, TEXAS
`
`
`Defendant(s)
`
`
`COMPLAINT FOR BREACH OF CONTRACT DEFICIENCY AFTER DISPOSITION
`OF SECURED COLLATERAL
`
`Plaintiff, PNC BANK, NATIONAL ASSOCIATION (hereinafter “Plaintiff”), sues
`
`Defendant(s), RAFAEL AREVALO AKA RAFAEL J AREVALO and LYDIA AREVELO
`(hereinafter “Defendant(s)”), and alleges:
`
`
`1. This cause of action is governed by the rules for Expedited Actions under the Texas Rules
`of Civil Procedure Rule 169 because the Plaintiff is seeking only monetary relief of two-
`hundred and fifty thousand dollars or less excluding interest, statutory or punitive damages
`and penalties, and attorney's fees and costs. Discovery is intended to be conducted under
`Level 1 of Rule 190.2 of the Texas Rules of Civil Procedure. Damages sought are within the
`jurisdictional limits of the court.
`
`2. Plaintiff is a national banking association organized under the laws of the United States
`with its principal place of business in Pennsylvania.
`
`3. Upon information and belief, Defendant(s) reside(s) in 9133 DONNYBROOK LN,
`DALLAS, TX 75217 in DALLAS County, Texas.
`
`
`
`4. Defendant(s) entered into a Secured Retail Installment Contract (hereinafter “Contract”)
`to finance the purchase of a vehicle. See Exhibit A attached.
`
`5. The Contract conveyed a security interest in certain collateral as described therein.
`
`6. The loan is identified with account number ending in 192
`
`7. Defendant(s) breached the terms of the Contract by failing to tender payment when due.
`
`8. Plaintiff accelerated the full balance due and owing on the Contract as a result of the
`breach.
`
`
`PNC BANK, NATIONAL ASSOCIATION V. RAFAEL AREVALO AKA RAFAEL J AREVALO and LYDIA
`AREVELO
`Plaintiff’s Original Petition
`269561030611
`
`

`

`
`
`9. Plaintiff took possession of the collateral pursuant to its security interest.
`
`10. Plaintiff provided Defendant(s) with written notice of its intent to sell the collateral. See
`Exhibit B attached.
`
`11. Defendant(s) failed to cure the default or otherwise satisfy the outstanding balance due on
`the Contract.
`
`12. Plaintiff disposed of the collateral in a commercially reasonable manner. See Exhibit C
`attached.
`
`13. After disposition of the collateral, Plaintiff sent Defendant(s) an explanation of the
`deficiency balance and has made demand for payment thereof. See Exhibit D.
`
`14. Plaintiff has complied with all conditions precedent to filing this action, or same have
`been waived by Defendant.
`
`15. After applying any credits and the net proceeds from the sale of the collateral, there is a
`deficiency balance remaining on the contract of $21,591.68.
`
`16. Defendant(s) owes Plaintiff the remaining balance of $21,591.68 on the Contract.
`
`
`Wherefore, Plaintiff demands judgment in the amount of $21,591.68 against
`Defendant(s), plus court costs to the extent permitted by applicable law.
`
`
`
`Respectfully submitted,
`Zwicker & Associates, P.C.
`
`
`BY: _________________________________
`[ ] OLUWATOYOSI J. THOMAS, ESQ. State Bar Number
`24118554
`[ ] VALENCIA R. CARTER-BENNETT, ESQ. State Bar
`Number 24071076
`[ ] UZOMA AKUJUO, ESQ. State Bar Number 24123237
`[ ] KENDALL CAMPBELL, ESQ. State Bar Number
`24119585
`[ ] JACKSON HALL, ESQ. State Bar Number 24114978
`ZWICKER & ASSOCIATES, P.C.
`A Law Firm Engaged in Debt Collection
`Attorneys for Plaintiff
`17950 PRESTON ROAD, SUITE 750
`DALLAS, TX 75252
`(833)510-2100
`ZATDLIT@ZWICKERPC.COM
`Attorney for Plaintiff
`
`
`PNC BANK, NATIONAL ASSOCIATION V. RAFAEL AREVALO AKA RAFAEL J AREVALO and LYDIA
`AREVELO
`Plaintiff’s Original Petition
`269561030611
`
`

`

`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`BICR
`
`
`
`
`
`

`

`1, MOTOR VEHICLERETAILINSTALLMENTSALESSIMPLEFINANCECHARGECONTRACT-
`
`
`
`
`
`
`
`DEAL#258572
`(WITH ARBITRATION PROVISION)
`STK#T32983 DealerNumber_SsContract Number
`
`
`9133DONNYBROOKLANEAILLBJFREEWAY
`
`
`ADDRES
`ADDRE
`
`TOWN EAST FORD
`SELLERIOREDTIQR
`RAFAEL J AREVALO
`Buven
`
`CITY ieu STATE on* zIP eeet CITY ESOUTTEes< gvare____ Xp_7STSO
`
`PHONE
`
`PHONE
`
`The Buyeris referred to as "you" or “your” The Selleris referred to.as “we” or “us.” This contract may be transferred by the Seller.
`PROMISETO PAY: The credit price is shown below as the "Total Sales Price.” The “Cash Price”is also shown below. By signing this contract, you
`choose to purchase the vehicle-on credit according to the terms of this contract. You agree to pay us the Amount Financed, Finance Charge, and
`any other chargesin this contract. You agree to make payments in U.S. funds according tothe Payment Schedule in this contract. If more than
`one person signs as a buyer, you agree to keep all the promisesin this agreement evenif the others do not.
`You have thoroughly inspected, accepted, and approved the vehiclein all respects.
`
`USE FOR WHICH PURCHASED
`VEHICLE IDENTIFICATION
`
`
`
`PERSONAL, FAMILY, OR HOUSEHOLD,
`
`
`UNLESS OTHERWISE INDICATED BELOW
`
`YEAR
`MAKE
`MODEL
`VEHICLE [DENTIFICATION NUMBER
`RKXNEW
`
`
`If either. of the’ boxes below is chacked, Chapter. 353
`C1 DEMONSTRATOR
`
`
`of the Texas Finance Code appliesto this Contract.
`CJ FACTORY
`
`
`
`
`OFFICIAV/EXECUTIVE|(] BUSINESS OR COMMERCIAL
` 2019}
`FORD
`F150
`LFTEWICP8KKD43679
`Lj useED
`CJ acricucturaL =O
`
`
`Trade-in; Make
`_FORDCi‘; OModel_FISQ.=———SSSsS—S—S—‘“—s—sSsSSSSSSSSSSC
`Year 2017 VIN __TFTEWICP7HFA32R99==ssLicense No.__fA
`
`PROPERTY INSURANCE.You must keep the collateral
`FEDERAL TRUTH-IN-LENDING DISCLOSURES
`Insured against ¢amage or loss in tha amount you
`Total Sale
`FINANCE
`Amount
`Total of
`ANNUAL
`owe.You must keep this insurance until you have paid
`Price
`CHARGE
`Financed
`Payments
`PERCENTAGE
`
`
`
`
`RATE The amount you|The total cost ofThe dollar The amountof all that you owe under this contract You may obtain
`
`
`
`The cost of credit provided|will have paid after}amountthe your purchase on property Insurance from anyone you want or provide
`
`
`
`
`
`yourcredit as you have made all|credit, includingcredit will to you or proof ofInsurance youalready have. The Insurer must
`a yearly rate.
`cost yau.
`on your behalf.
`payments as
`your down
`be authorized to do business in Texas.You agrae to give
`scheduled.
`paymentof
`us proof of property insurance. You musi name us as the
`person to be paid under the policy in the event of damage
`*
`orloss.
`$
`4.72%] $ 9124.42
`| 59837.18|$ 68961.60/¢ 68961.60
`It any insurance is checked belaw, policias or certi-
`°
`:
`ficates from the insurance companies will describe the
`Your Payment Schedule Will Be:
`terms, conditions, and deductibles.
`Numberat
`Amount of
`When Payments
`957.80ets$$HeandContentCredit
`Orasaoe
`notbuytheseinsurancecoverageswillnotbeafactorinthe
`
`.
`
`.
`
`Life and Credit Disability Insurance
`Credit life insurance and credit disability insurance are not
`required to obtain cradit. Thay will not be provided unless you
`sign and agree to pay the extra cost. Your decision to buy of
`
`cradit approval process.
`
`Payments
`
`Payments
`
`Are Dus
`
`Monthly beginning
`
`gsN/A Term _As/A
`C1 Gredit Life, one buyer
`Ci Credit Lite, bath buyers $_N/A Term
`N/A
`2 Credit Disability, one buyer S H/A Tarm
`N/A
`OC credit Disability both buyers N/A Tem
`N/A
`
`_15_ days afteritis due (10 days if you are buying
`Late Charge:If we do not receive your entire payment within
`a heavy commercial vehicle), you will pay a late charge of 2% of the scheduled payment.
`Prepayment. If you pay early, you will not have to pay a penalty.
`Security Interest. We will have a security interestin the vahicle being purchased.
`Additionalinformation: See this document far more information about nonpayment, default, security interests,
`and any required repaymentin full before the scheduled date.
`(Insurance Company)
`ITEMIZATION OF AMOUNT FINANCED
`On
`1 Cash Price {including any accessories, services, taxes,
`Office Address)
`(Home
`N/A
`$
`SALES TAX
`1135.63 N/A
`$
`NAA $__45635 63 1
`Credit life surance pays only the amount you would oweif
`N/A
`$
`Hffend M/A
`n _|you paid all your payments on time. Credit disability insurance(1)
`
`
`Total Downpayment= (if negative, enter “0” and see Line 4A below)
`does not cover any increase in your paymentorin the number
`
`
`
`
`
`
`Gross Trade-In manthsorlonger,Tbetermof the i is 121 the
`
`
`
`@ term of the insurance is121months or longer,
`~ Pay Off Made By Seller
`premium is not fixed or approved by the Texas Insurance
`- Cash Paid to Buyerfor Trade-In
`Commissioner.
`= Net Trade-in
`You want the Insurance indicated above.
`+ Cash
`
`i /A
`
`Date
`
`Date
`
`$
`
`i
`
`Dabi Cancallation Aqraement’* 72
`
`+ Mfts. RebateKAN{A—__.__N/A_ —___
`.
`Buyer's signature
`+ Other (describe)AYA
`+ Other (describe)N/A X
`+Other (describe)WA Co-Buyer's signature
`+ Other (describe) Trade-In Cradit Agreement Benefit
`Optional Insurance Coverages
`0.00
`Total Downpayment
`- and Debt Cancellation Agreement
`The granting of credit will not be dependent on the purchase
`:
`Unpaid Balance of Cash Price {1 minus 2}
`of elther the insurance coverages or the debt cancellation
`Other Charges Including Amounts Paid to Others on Your Behalf
`
`
`
`. '|agreement described betow.It. will not be provided unless you
`{Seller may keep partoftheaseamounts}:
`sign and
`to pay the extra cost te credit approvalal
`
`Net trade-in payoff toTDAUTOFINANCE==process will not be atfected by whether or not you buy these
`Cost of Optional Credit Insurance Paid to Insurance Company or Companies.
`insurance coverages or the debt Gancellation agreement.
`:
`
`lifeGRA Coverage Months Premium or Fee
`
`Disability
`$
`NZA
`GAP"
`Other Optional Insurance Paid to Insurance Company or Companies
`RA
`Official Faas Paid to Government Agencies
`‘1)
`to
`for
`for
`for
`
`and retain its right to receive a part of the Finance Charge.
`
`Debt Cancellation Agreement Fee Paid to the Seller
`Dealer's Inventory Tax [if Not Included in Cash Prica}
`Sales Tax (it Not Included in Cash Price)
`GA
`ome
`ith
`Office
`Address)
`,
`:
`.
`"If
`the vehicle is determined to be a total loss,
`GAP insurance
`Other Taxes {if Not Included in Cash Price
`will pay usthedifference between the proceeds of yourbasic
`Government License and/or Registration Fees
`collision policy and the amount you owe on the vehicle, minus
`your deductible. You can cancelthat insurance without charge
`=
`for 10 days
`from the date ofthis contract.
`Government Certificate of Title Fees
`“WE
`WILL CANCEL CERTAIN AMOUNTS YOU OWE
`UNDER THIS CONTRACT IN THE CASE OF ATOTALLOSS
`
`Government Vehicle Inspection Fee jon$7 OO__23.75OR THEFT OF THE VEHICLE AS STATED IN THE DEBT:
`Deputy Service Fee Paid to Dealer
`$
`N iA
`CANCELLATION AGREEMENT. You can cancel
`the debt
`cancellation agreemant without charge for a period of 30
`Documentary
`Fee (Cargo Documental
`$_—__150..00
`days from the date ol this contract, of for the period slated in
`A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW,
`the dabt cancelation agreement, whichever period endslater.
`BUT MAY BE CHARGED TO BUYERS FOR HANDLING DOCUMENTS RELATING TO THE SALE. All|indudedabove is meshedMalcremenetede
`COCUMENTARY FEE MAY NOT EXCEED A REASONABLE AMOUNT AGREED TO BY THE PARTIES.THIS
`approved by the Texas insurance Commissioner. A debt
`NOTICE IS REQUIRED BY LAW.
`cancellation agreementis not insurance and is regulated by
`the Office of the Consumer Credit Commissioner.
`UN CARGO DOCUMENTAL NO ES UN CARGO OFICIAL LA LEY NO EXIGE QUE SE IMPONGA UN
`Fosthe premiums or tees included above,you want ihe related
`CARGO DOCUMENTAL. PERO ESTE PODRIA COBRARSE A LOS COMPRADORES POR EL MANEJO
`DE LA DOCUMENTACIGN EN RELACION CON LA VENTA. UN CARGO DOCUMENTAL NO PUEDE EXCEDER
`UNA CANTIDAD RAZONABLE ACORDADA POR'LAS PAATES, ESTA NOTIFICACION SE EXIGE POR LEY.
`
`(Insurance Company)
`
`f
`
`B
`
`f
`
`
`
`N Other Charges (Seller mustidentify who is paid and describe purpose.)
`to State
`for Plate Transfer Fee
`
`to Sellar
`
`for Trade-In Credit Agreement
`
`Total Other Charges and Amounts Paid to Others on Your Bahalf
`
`5 Amount Financed (3 + 4}
`
`;
`
`LIABILITY INSURANCE: THIS CONTRACT
`DOES NOT INCLUDE INSURANCE COVER:
`AGE
`FOR PERSONAL LIABILITY AND
`PROPERTY DAMAGE CAUSED TO OTHERS.
`
`Returned Check Charge: You agree to pay a
`charge of $__30__
`if any check you give us is
`dishonored or any electronic payment
`is
`returned unpaid.
`
`OCCC NOTICE. For questions or complaints about this contract, contactPNCBANK,HAssst
`
`——8887622265=== CCC‘CTThe@ Office of Consumer Credit Commiissioner (OCCC)is a state agency,
`and it enforces certain laws that apply to this contract. If a complaint or question cannot be resolved by contacting the
`creditor, consumers.can contact the OCCC tofile a complaint or ask a general credit-related question. OCCC address:
`2601 N. Lamar Bivd., Austin, Texas 78705. Phone: (800) 538-1579. Fax: (512) 936-7610. Website: occc.texas.gov. E-mail:
`consumer.complaints@occc.texas.gov.
`'
`The Annual Percentage Rate may be negotiable withthe Seller. The Seller may assign this contract
`
`Any changeto this contract must be in
`
`you and we must sign it. Ne oral changesto this contract are enforceable.
`
`Co-Buyer
`
`
`
`xy tydeearerrto
`
`
`
`
`
`
`
`
`CONSUMER WARNING: Notice to the buyer-Do not sign this contract before you read it orIf it contains any. blank
`spaces. You are entitled to a copy of the contract you sign. Underthe law, you have the right to pay off in advanceall
`that you owe and under certain conditions may save a portion of the finance charge. You will keep this contract to
`
`
`protect your legal rights.
`
`BUYER’S ACKNOWLEDGEMENT OF CONTRACT RECEIPT: YOU AGREE TO THE TERMS OF THIS CONTRACT AND
`ACKNOWLEDGE RECEIPT OF A COMPLETED COPYOFIT. YOU CONFIRMTHAT BEFOREYOU SIGNED THIS CONTRACT, WE
`
`
`GAVEIT TO YOU, AND YOU WERE FREE TO TAKE IT AND REVIEW IT. YOU ACKNOWLEDGE THAT YOU HAVE READ BOTH
`SIDES OF THIS CONTRACJ/INCLUDI
`ARBITRATION PROVISION ON THE REVERSE SIDE, BEFORE SIGNING BELOW.
`
`J
`1
`
`
`Buyer Signs
`Date _05/25/19
`
`Co-Suyers and Other Owners
`co-buyeris a person who is responsible tor paying the entire debt. A
`
`
`have to pay the debt. The other owner agrees to the security interest in the vehicle given to usin this col
`
`
`Other ownersigns hareXt
`
`
`Solesigns__FOWN-EAST-FORB———____—Date“08281gy
`ery “ AloVELA!ReAla__DiNtyarrkeAp
`
`
`
`
`THIS CONTRACT |S NOT VALID UNTIL YOU AND WE SIGNIT.
`
`
`(Assignee) under tha—of Seller's agreement(s) with Assignee.
`
`
`
`1.AAVFORM NO. 553-TX-ARB4/16
`
`ORIGINAL LIENHOLDIae
`Tle
`2018 The Raynolds and Reynolds Company FTO ORDER: weww.reysource.com, 1-800-344-0996;fax 1-400-531-9055
`THE PRINTER MAKES NO WARRANTY, EXPRESS OR GAPLIED, AS TO CONTENT OA FIINESS FOR FURPCSE OF THIS FORM. CONSELT YOUR OWN LEGAL COUNSEL.
`
`
`
`

`

`OTHER TERMS AND CONDITIONS
`
`-b.
`
`_
`
`-
`
`"APPLICATION OF CREDITS.Anycredit that reduces your debt
`FINANCE CHARGE AND PAYMENTS ©
`. HOW.WE FIGURE THE FINANCE.CHARGE. We figure the
`_.. Will apply to your paymentsin the reverse order of when they are
`Finance Charge using thétrue daily earniigs method as defined
`-.due, unless we decide to apply it fo-another‘part of your debt. The
`by thé Texas Finance Codé.,Undér -the true: daily earnings
`.amount of the cfelit and:all finarice ‘chargeor. interest onthe’
`* method, theFinance Charge will be figured byapplying the daily
`‘credit will be”applied te your payments:ivthereversee order of your
`-
`rate torthe unpaid portion of the Amount Financed forthe number
`
`” payments. Ce
`of daysthe. unpaid portion of the Amount Financed.isoutstanding.
`IF YouPAYLATEOR BREAK YOUR OTHER.PROMISES—
`_
`The daily rate is 1/365" of the Annual Percentage Rale. The
`LATE CHARGE:Youwillpayus:alatete charge:‘asagreed toin this
`unpaid portion of the Amount Financed does not inglude late
`os PL
`charges or return check charges.
`contract when it accrugs.'
` DEFAULT:You will be-in default if: Tse
`HOW WE WILL APPLY YOUR PAYMENTS. We will apply your
`1.
`You do not’payany amount hensis dues. °"
`payments in the following order:
`2.
`You give false, incomplete, or mistéading information ona.
`1. earned but unpaid finance charge; and
`” credit applicatian;
`2. ta anything else you owe under this agreement.
`HOW LATE OR EARLY PAYMENTS CHANGEWHATYOU MUST. -
`. 3... Youfile bankruptcy, bankruptayis filed against. you, or the
`PAY.We based the Finance Charge, Total of: Payments, and-Total..
`.-.
`“1,
`+
` Nehicle becomesinvolved in a bankruptcy. '
`4. | Youallow.ajudgment to be:entered:‘againstyou orthe cola .
`. Sale Price. asif-all payments were :made-as-scheduled. If youdo -
`-
`not timely make all your paymenis.in atleast the correct amount, .
`_.
`* eralyor.
`5. You breakany of-your.promises inn this agreement. coo,
`you will have to pay more Finance Charge.If that happens; your.
`“If you default, we can exercise our. rightsunderthis contract and
`last payment will be more than your final scheduled payment, or
`at our option,you will-havée t6.pay morepayments of the same
`"our other rights under the law.
`j1 -OUB'RIGHTTO DEMAND PAYMENTIN FULL. If you default, or
`amount as your scheduled payment witha smaller last payment. --°
`If you makescheduled’ paymentsearly, your Finance Chargewill-
`be reduced (less). {f you' make‘your scheduled. paymentslate, *
`your.Finance. Charge will increase. We will send you’ a: notice
`telling.you about these changes before - the ‘final scheduled oe
`payments due.
`TRANSFER OF RIGHTS.’ We may transfer. this contract to ; we
`another person. That person will
`then have all .our. rights,
`privileges, and remedies.
`SPECIAL PROVISIONS FOR BALLOON PAYMENT CON-
`TRACTS.A balloon paymentis a scheduled payment more than
`twice the amount of the average of your scheduled payments,
`other than the’ downpayment, that are due before the balloon
`payment. You can pay all’ you owe when the balloon paymentis
`due and keep your vehicle.
`If you buy the vehicle primarily for
`personal, family, or household use, you can enter into a new
`written agreement to refinance the balloon payment when due
`without a refinancing fee. If you refinance the balloon payment,
`your periodic payments will not be larger or more often than the
`paymentsin this contract. The annual percentagerate in the new
`agreementwill not be more than the Annual Percentage Rate in
`this contract. This provision does not apply.-if. your Payment 205-7 -fs
`Schedule has been adjusted to your seasonal orirregular income.
`
`~ we believe in good faith that-you are not- going to-keep any ofyour
`promises, we can demandthat you immediately pay all that you
`owe. We don't have to give you notice that we are demanding or
`intend to demand immediate payment ofall that you owe.
`d. REPOSSESSION. If you default, we may repossess.the vehicle |
`-from,you.if we do so peacefully. If your vehicle |has an electronic
`7~ tracking device,you agree that we may use the‘devicé to find the
`vehicle. If any personal items are in the vehicle, we can stare them
`for you and give you written notice at’your last known address
`shewn on our records within 15 .days:of discovering that we have
`your personal items.1 you do not ask for these items back within
`- 31 days from the day. we mail or deliverthe notice to you, we may
`dispose of
`them as applicable law allows. Any accessory,
`equipment, or replacement part stays with the vehicle.
`YOUR RIGHT TO REDEEM.If we take your vehicle, we will tell
`you how much you have to pay to getit back. If you do not pay us
`. lo get the vehicle back, we can sell it or take other action allowed
`by law. Your right to redeem ends when the vehicle is sold-or we
`have entered into a contract for sale or accepted the collateral as
`full or partial satisfaction of a contract,
`DISPOSITION OF THE VEAICLE.If you don't pay us to get the
`vehicle back, we can sell it or take other action allowed-by law. If
`we Sell the motor vehicle in a public or private sale, we will send
`you notice at least 10 days before we seil
`it. We can use the
`money. we get from selling it to pay allowed expenses and te
`feduce the amount you owe. Allowed expenses are expenses we
`“pay as a direct result of taking thé‘vehicle, holdingit, preparingit
`for sale, and selling it.
`If any moneyis left, we will pay it to you
`unless we mustpay it to someoneelse..If the money from.the sale
`“is net enough to pay all you owe, you. must pay the rest of what
`you owe us plusinterest. if we lake or sell the vehicle, you will give —
`us the certificate of title and any other document required by. state
`law to record transferoftitle.
`' g. COLLECTION COSTS.If we hire an attorney who is not our '
`employee to enforce this contract, you will pay reasonable ©
`attorney's fees and court costs as the applicable law allows. You
`will also pay our reasonable out-of-pocket expenses incurréd in ©
`connection with retaking, holding, and selling the vehicle as the
`applicable law allows.
`h. CANCELLATION OF OPTIONAL INSURANCE:AND ‘SERVICE. :
`CONTRACTS.This contract may contain chargesfor insurance.or
`service contracts or for sarvices included in the cash price. If you
`default, you agree that we can claim benefits under these |
`contracts to the. extent allowable, and terminate tham to obtain
`refunds of unearned charges to reduce whatyou owe ofrepairthe
`vehicle.
`If the vehicle is a total
`loss because it
`is damaged or
`stolen, we may claim benefits under these contracts and cancel
`them to obtain refunds of unearned charges to reduce what you
`owe.
`.
`
`—-
`
`°
`
`YOUR OTHER PROMISESTO US.
`USE AND TRANSFER OF THE VEHICLE. You will not sell or
`transfer the vehicle without our written permission. If you do sell
`or transfer the vehicle,
`this will not
`telease you from your "
`obligations underthis contract, and we may charge you a transfer
`of equity fee of $25.00 ($50 for a héavy cornmercialvehicte). You
`will promptly tell us in writing if you change your address or the
`address where you keep the vehicle. We agree you.may remove
`‘tha vehicle from the U.S. for 72 hours or less,-if.the vehicle will
`continue to be covered by the insurance this contract requires.
`Otherwise, you agree not to remove the vehicle from the US.
`without our written permission.
`CARE OF THE VEHICLE.You agree to keepthe vehicle free from
`all liens, and claims except those that secure this contract. Youwill
`timely pay all taxes,fines, or charges pertaining to the vehicle. You
`will keep the vehicle in good repair. You will not allow the vehicle
`to be seized or placed in jeopardy oruseit illegally. You must pay
`‘all you owe even if the vehicle is lost, damaged or destroyed:If a.
`third party takes a lien or claim against or possession of the
`vehicle, we may pay the third party. any cost required to free the
`vehicle from all liens or claims. We may immediately demand that
`you pay us the amount paid-to the third party for the vehicle.If you
`do not pay this amount, we may repossess thevehicle’ and add
`that amount to the amount-you owe.If we do nat repossessthe
`vehicle, we may still demand that you pay us, ‘but we"‘cannot
`compute a finance charge on this amount.
`i
`SECURITY INTEREST. To secure all that you oweon this con-
`tract and all your promisesin it, you give us a security. interestin:
`1. The vehicle including all accessories and parts now orlater
`attached and any other goodsfinancedin this contract;
`2. «Allinsurance proceeds andother proceeds received forthe
`-Any insurance policy, service contract or other contract
`3.
`financed by us and any proceeds. of those contracts; and
`4. Any refunds of charges included in this:contract for
`insurance, or service contracts.
`This security interest also secures any extension.orr modification
`of this contract. The certificate oftitle must show-our security
`interestin the vetiicle. You will not allow any othersecurity interest
`SELLER'S DISCLAIMER OF WARRANTIES
`to be placed on thetitle without our writtan permission...
`Unless the seller makes a written warranty, or enters into a
`d. AGREEMENT TO KEEP VEHICLE INSURED.You agree to have
`service contract within'S0 days fromthe date-of this contract, the
`physical damage insurance covering loss or damage ‘to the
`seller makes no warranties, express or implied, on the vehicle,
`vehicle for the term of this contract. The insurance mist cover our
`{ and there will be no implied warranties of merchantability or of
`interest
`in the vehicle. The insurer must be authorized to do
`-
`fitness for a particular purpose.
`businessin Texas.
`This provision does notaffect any warrantiescovering the vehicle
`‘ea, OUR RIGHTTO PURCHASE REQUIRED INSURANCE IF YOU
`that the vehicle manufacturer may provide.
`FAIL TO KEEP THE VEHICLE INSURED.If you fail to give us
`‘proof that’ you have insurance, we may buy physical damage
`7. Used Car, Buyers, Guide. The information you see on the window
`“i# insuraneé. We may buy insurance that covers yourinterest and
`ot
`form:for this vehicle is part of this contract. daformation on the
`. our interest in the vehicle, or we may buy insurance. that covers
`ourinterest only. You will pay the premium fortheiinsurance and a i windowformoverrides any contrary’provisions.in the contract of
`finance charge at
`the contract
`rate.
`If we obtain collateral
`sale,
`Spanish Translation: Guia para compradors de vehiculos usados.
`protection insurance, we will mail notice to your ‘Tast|known
`‘address shown'in-ourfile. ~~"
`La informacién que ve en el formulario de la ventanilla para este
`PHYSICAL DAMAGE INSURANCE. PROCEEDS. You must use
`vehiculo forma parte del presente contrato. La informacién del
`physical damage insurance proceedsto repair the vehicle, unless
`formulario de la ventanilla deja sin efecto toda disposicin en
`contrario contenida en el contrato de venta.
`we agree otherwise in writing. However,
`if the vehicle is a total
`loss, you must use the insurance proceeds to pay what you owe
`us. You agree that we can use any proceeds from.insurance to
`repair the vahicle, or we may reduce what you owe-underthis
`contract. If we apply insurance proceeds to the ammount you owe,
`they will be applied to your payments in the reverse order of when ~
`they are due.If your insurance on the vehicle or credit’insurance
`doesn’t pay all you owe, you must pay whatis still owed. ‘Once all
`amounts owed under this contract are paid, any remaining:
`proceeds will be paid to you.
`/
`RETURNED INSURANCE PREMIUMS AND SERVICE CON-
`TRACT CHARGES.If we get a refund on insurance or service
`contracts, or other contracts included in the cash price, we will
`subtract it from what you owe. Once all amounts owed underthis
`contract are paid, any remaining refundswill be paid to you. |
`
`INTEGRATION AND SEVERABILITY CLAUSE
`This contract contains the entire agreement between you and us
`relating to the sale and financing of the vehicle.
`If any part of this ©
`contract is not valid, all other parts stay valid.
`.
`LEGAL LIMITATIONS ON OUR RIGHTS ,
`;
`If we don't enforce our rights every time, we canstill enforce them later.
`Wewill exercise-all of our rights in a lawful way. You don’t haveto: pay
`finance charge or other amounts that are more than the law allows.
`This provision prevails overall other parts of this contract and overall
`Gur otheracts,
`
`vehicle;
`
`.
`
`f.
`
`ns
`
`‘g.
`
`4.
`
`5.
`
`_
`
`6.
`
`8.
`
`:
`SERVICING AND COLLECTION CONTACTS
`We may try to contact you at any mailing address, e-mail address, or-
`phone number you-give us as the law allows, We maytry to contact you
`in writing {including mail, é-fnail, and text messages) and by phone
`{including prerecorded or artificial
`\voice messages and automatic:
`telephone dialing systems).
`:
`
`9. APPLICABLE LAW
`Federal and Texas law apply to this contract.
`
`‘OR BY JURY TRIAL.
`
`Ai
`
`RIGHTS THAT YOU AND WE WOULDHAVEIN COURT MAY NOT BE AVAILABLE INARBITRATION.
`
`‘NOTICE: ANY HOLDER OFTHIS CONSUMER CREDIT CONTRACTIS SUBJECTTO ALL CLAIMS AND. DEFENSES WHICH THE DEBTOR
`COULD ASSERT. AGAINST THE SELLER OF GOODS. OR SERVICESOBTAINED PURSUANT ‘HERETO OR WITH THE PROCEEDS
`HEREOF. RECOVERY HEREUNDER BYTHE DEBTOR SHALL NOTEXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER: oe
`This PROVISION applies to this contract only ifthe vehiclefinanced |in thecontract was8 purchasedfor personal, family, or household use.
` ARBITRATION PROVISION |
`
`
`;
`" BLEASE REVIEW ~ IMPORTANT- AFFECTS YOUR LEGAL RIGHTS _
`.
`
`
`1. EITHERYOUOR WE MAY CHOOSE TOHAVE ANY. DISPUTE BETWEEN US DECIDEDBY ARBITRATION AND NoTN COURT
`
`
`2. :IF A DISPUTE ES ARBITRATED, YOU WILL GIVE UPYOUR RIGHTTO PARTICIPATE AS A. CLASS REPRESENTATIVEOR CLASS.
`
`
`‘MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS:ARBITRATION OR-ANY
`
`
`‘CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
`*
`
`
`oe 3. DISCOVERY AND RIGHTSTO APPEALIN ARBITRATION ARE GENERALLY MORE LIMITEDTHAN IN A LAWSUIT, ANDOTHER. wa
`
`
`
`
`-Any claim or dispute,‘whether-in contract, tort,statute or otherwise (including the interpretation:and scope of thisArbitration Provision,
`
`
`and the arbitrability of thie claim ordispute), between you and'us of our employees, agents, successors or assigns, whicti 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 suchrelationship. with third parties who do-not-sign this contract) shall; at your or-ourelection, be resolved by neutral,
`
`
`-binding arbitration and not bya court action. If federal law-provides that a claim or dispute isnot subject.to binding arbitration, this |.
`
`
`.|Arbitration Provision shall not apply to such claim or. dispute. Any.claim or disputeis to be arbitrated bya singlearbitrator on.an individual
`
`
`_| basis and not as aclassaction. You expressly waive any right you mayhave to arbitrate-a class action, You may choose- the American |
`
`
`‘| Arbitration Association; 1633,Broadway, 10th Floor, New York; NewYork 10019 (www.adr.org}, or any other organization to conduct the
`
`
`_| arbitration subject tooourAr approval. Youmayget a copy oftherules.ofeanarbitration organization by.contactingthe organizationor‘visiting a
`
`
`-/ its website.
`_| Arbitrators shall be attorneys orretired judges‘and shall be selected pursuantto the applicable rules. Thearbitrator shall apply governing
`
`
`
`
`] substantive law and.the.applicable statute of limitations.-The arbitration hearing shall.be conducted in the federal district in which you
`
`
`_[teside unless the Seller-Creditoris a.party to the.claim or dispute, in whichcase the hearingwill-be held in thefederal district where this|--
`
`
`- -contract was executed. We will pay yourfiling, administration, service orcase management fee and your arbitrator or hearingfee all up .
`
`
`to a maximum of $5000, unless the law orthe rules of the chosen arbitration organization require us to-pay more.The amount we pay |"
`
`
`may be reimbursed in whole or in part ’by decision of the arbitratorif the arbitrator finds that any of your claimsis frivolous under...
`
`
`“| applicable law. Each party shall be responsible for its own attorney, expert and other fees, ‘unless awarded by the arbitratorunder
`
`
`applicable law. If the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisionsof this Arbitration
`
`
`Provision shall control. Any arbitration underthis 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 befinal and binding onall |
`
`
`‘| parties, subject to anylimited right to appeal under the Federal Arbitration Act.
`-
`-| You and weretain the rightto seekremediesin small claims Court for disputes or claims within that court's jurisdiction,unless such action|°
`
`
`
`
`-|is transferred, removed or appealed toa different court. Neither you nor we waive the right to-arbitrate by using self-help remedies, such
`
`
`| as-repossession;orbyfiling-an action to recover the vehicle,to recover a deticlency balance, orfor 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 deemedor found to be unenforceable
`
`
`for any reason, the remainder shall remain enforceable.If a waiverof class action rights is deemedor found to.be unenforceable for any
`
`
`reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shal