If you fail to obtain or maintain this insurance, or name us as loss payee, we may obtain
insurance to protect our interest in the Property. This insurance may be written by a
company other than one you would choose. It may be written at a rate higher than a rate
you could obtain if you purchased the property insurance required by this Contract. We will
add the premium for this insurance to the amount you owe us. Any amount we pay will be
due immediately. This amount will earn finance charges from the date paid at the rate
described in the Payment section until paid in full.
WARNING.Unless you provide us with evidence of the insurance
coverage as required by this Contract, we may purchase insurance at
your expense to protect our interest. This insurance may, but need
not, also protect your interest. If the collateral becomes damaged, the
coverage we purchase may not pay any claim you make or any claim
made against you. You may later cancel this coverage by providing
evidence that you have obtained property coverage elsewhere. You
are responsible for the cost of any insurance purchased by us. The
cost of this insurance may be added to this Contract. If the cost is
added to this Contract, the rate described in the Payment section of
this Contract will apply to this added amount. The effective date of
coverage may be the date your prior coverage lapsed or the date you
failed to provide proof of coverage. The coverage we purchase may
be considerably more expensive than insurance you can obtain on
your own and may not satisfy any need for property damage
coverage or any mandatory liability insurance requirements imposed
by applicable law. If the Vehicle is lost or damaged, you agree that we
may use any insurance settlement to reduce what you owe or repair
the Vehicle.
If the Property has an electronic tracking device, you agree that we may use the device to
find the vehicle.
Obligations Independent. Each person who signs this Contract agrees to pay this
Contract according to its terms. This means the following:
}
You must pay this Contract even if someone else has also signed it.
}
We may release any co-buyer or guarantor and you will still be obligated to pay this
Contract.
}
We may release any security and you will still be obligated to pay this Contract.
}
If we give up any of our rights, it will not affect your duty to pay this Contract.
}
If we extend new credit or renew this Contract, it will not affect your duty to pay
this Contract.
Warranty. Warranty information is provided to you separately.
Security Agreement
Security. To secure your payment and performance under the terms of this Contract, you
give us a security interest in the Vehicle, all accessions, attachments, accessories, and
equipment placed in or on the Vehicle and in all other Property. You also assign to us and
give us a security interest in proceeds and premium refunds of any insurance and service
contracts purchased with this Contract.
Duties Toward Property. By giving us a security interest in the Property, you represent
and agree to the following:
}
You will defend our interests in the Property against claims made by anyone else. You
will keep our claim to the Property ahead of the claim of anyone else. You will not do
anything to change our interest in the Property.
}
You will keep the Property in your possession and in good condition and repair. You
will use the Property for its intended and lawful purposes.
}
You agree not to remove the Property from the U.S. without our prior written
consent.
}
You will not attempt to sell the Property, transfer any rights in the Property, or grant
another lien on the Property without our prior written consent.
}
You will pay all taxes and assessments on the Property as they become due.
}
You will notify us with reasonable promptness of any loss or damage to the Property.
}
You will provide us reasonable access to the Property for the purpose of inspection.
Our entry and inspection must be accomplished lawfully, and without breaching the
peace.
Agreement to Provide Insurance. You agree to provide property insurance on the
Property protecting against loss and physical damage and subject to a maximum deductible
amount indicated in the Insurance Disclosures section, or as we will otherwise require. You
will name us as loss payee on any such policy. Generally, the loss payee is the one to be
paid the policy benefits in case of loss or damage to the Property. In the event of loss or
damage to the Property, we may require additional security or assurances of payment
before we allow insurance proceeds to be used to repair or replace the Property. You agree
that if the insurance proceeds do not cover the amounts you still owe us, you will pay the
difference. You will keep the insurance in full force and effect until this Contract is paid in
full.
Gap Waiver or Gap Coverage. In the event of theft or damage to the Vehicle that results
in a total loss, there may be a gap between the amount due under the terms of the Contract
and the proceeds of your insurance settlement and deductibles. You are liable for this
difference. You have the option of purchasing Gap Waiver or Gap Coverage to cover the gap
liability, subject to any conditions and exclusions in the Gap Waiver or Gap Coverage
agreements.
Retail Installment Contract-OR Not for use in transactions secured by a dwelling. RSSIMVLFAZOR 10/10/2015
Page 4 of 6
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VMP
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2015Wolters Kluwer Financial Services
Bankers Systems
Arbitration Provision
PLEASE READ CAREFULLY! By agreeing to this Arbitration
Provision you are giving up your right to go to court for claims
and disputes arising from this Contract:
EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE
BETWEEN YOU AND US DECIDED BY ARBITRATION, AND
NOT BY A COURT OR BY JURY TRIAL.
YOU GIVE UP ANY RIGHT THAT YOU MAY HAVE TO
PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS
MEMBER IN ANY CLASS ACTION OR CLASS ARBITRATION
AGAINST US IF A DISPUTE IS ARBITRATED.
}
}
IN ARBITRATION, DISCOVERY AND RIGHTS TO APPEAL
ARE GENERALLY MORE LIMITED THAN IN A JUDICIAL
PROCEEDING, AND OTHER RIGHTS THAT YOU WOULD
HAVE IN COURT MAY NOT BE AVAILABLE.
}
You or we (including any assignee) may elect to resolve any Claim by neutral, binding
arbitration and not by a court action. "Claim" means any claim, dispute or controversy
between you and us or our employees, agents, successors, assigns or affiliates arising from
or relating to: 1. the credit application; 2. the purchase of the Property; 3. the condition of
the Property; 4. this Contract; 5. any insurance, maintenance, service or other contracts
you purchased in connection with this Contract; or 6. any related transaction, occurrence or
relationship. This includes any Claim based on common or constitutional law, contract, tort,
statute, regulation or other ground. To the extent allowed by law, the validity, scope and
interpretation of this Arbitration Provision are to be decided by neutral, binding arbitration.
If either party elects to resolve a Claim through arbitration, you and we agree that no trial
by jury or other judicial proceeding will take place. Instead, the Claim will be arbitrated on
an individual basis and not on a class or representative basis.
The party electing arbitration may choose either of the following arbitration organizations
and its applicable rules, provided it is willing and able to handle the arbitration: American
Arbitration Association, 1633 Broadway, Floor 10, New York, NY 10019 (www.adr.org) or
JAMS, 1920 Main Street, Suite 300 Irvine, CA 92614 (www.jamsadr.com), or it may
choose any other reputable arbitration organization and its rules to conduct the arbitration,
subject to the other party's approval. The parties can get a copy of the organization's rules
by contacting it or visiting its website. If the chosen arbitration organization's rules conflict
with this Arbitration Provision, the terms of this Arbitration Provision will govern the Claim.
However, to address a conflict with the selected arbitration organization's rules, the parties
may agree to change the terms of this Arbitration Provision by written amendment signed
by the parties. If the parties are not able to find or agree upon an arbitration organization
that is willing and able to handle the arbitration, then the arbitrator will be selected
pursuant to 9 U.S. Code Sections 5 and 6.
The arbitration hearing will be conducted in the federal district where you reside unless you
and we otherwise agree. Or, if you and we agree, the arbitration hearing can be by
telephone or other electronic communication. The arbitration filing fee, arbitrator's
compensation and other arbitration costs will be paid in the amounts and by the parties
according to the rules of the chosen arbitration organization. Some arbitration organizations'
rules require us to pay most or all of these amounts. If the rules of the arbitration
organization do not specify how fees must be allocated, we will pay the filing fee,
arbitrator's compensation, and other arbitration costs up to $5,000, unless the law requires
us to pay more. Each party is responsible for the fees of its own attorneys, witnesses, and
any related costs, if any, that it incurs to prepare and present its Claim or response. In
limited circumstances, the arbitrator may have the authority to award payment of certain