OPTIONAL PRODUCT DISCLOSURE

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1 OPTIONAL PRODUCT DISCLOSURE Contract Date Vehicle Make Vehicle Model VIN Dealership Name Dealership Address, City, State, and Zip Buyer s Name Co-Buyer s Name LOBEL FINANCIAL offers the following product: Debt Cancellation Agreement & GAP Waiver Disclosure where Buyer Has Insurance Guaranteed Auto Protection (GAP) NOTICE: I AM NOT REQUIRED TO PURCHASE THIS PRODUCT. ANY PURCHASE IS VOLUNTARY AND IS NOT REQUIRED TO RECEIVE AN INSTALLMENT SALE CONTRACT, LEASE, OR OBTAIN CREDIT. By signing below, I understand and acknowledge that: (1) The Debt Cancellation Agreement is not required to obtain credit and will not be a factor in the credit approval process; (2) Lobel Financial gave me the above disclosure verbally and in writing prior to execution by me of the installment sales contract identified above (the Contract ); (3) I received this written disclosure and an unexecuted copy of the Contract at the same time. Signature of Buyer Date Signature of Co-Buyer Date

2 Debt Cancellation Agreement & GAP Waiver Disclosure Where Buyer Has Insurance Guaranteed Auto Protection (GAP) Date: Buyer s Name & Address: Co-Buyer s Name & Address: Vehicle Year/Make/Model: VIN: Amount Financed: $ GAP Fee: $ Amount Financed Less GAP Fee: $ Contract Term: Contract Date: Dealership s Name & Address: Lobel Financial Page 1 of 7 Months Lobel Financial is the Holder of the Contract. Lobel Financial financed my Vehicle. The address and telephone for Lobel Financial is: GAP PROGRAM ADMINISTRATOR LOBEL FINANCIAL P.O. BOX 3000 ANAHEIM, CA PH# FAX# INTRODUCTION (a) Purpose. The Texas Finance Code (Texas law) allows a Debt Cancellation Agreement to be included in a motor vehicle retail installment sales contract involving an ordinary vehicle subject to Texas Finance Code, Chapter 348 as an itemized charge. Voluntary Election By Buyer To Purchase Guaranteed Auto Protection I understand that the purchase of Guaranteed Auto Protection (GAP) is voluntary and is not required by the Seller or Lobel Financial to obtain credit. I also understand that I may obtain GAP from an alternative source and that GAP is NOT insurance coverage. I understand that by purchasing GAP for my installment sales contract that the Seller or Lobel Financial waives (subject to the exceptions noted herein), in the event of a Total Loss, Constructive Total Loss or Unrecovered Theft, its contractual right to hold me liable for the GAP Amount, subject to the provisions and exclusions identified in this GAP Waiver Addendum. I understand that the maximum term of this Addendum shall not exceed 48 months, however, my GAP coverage is subject to the term of my installment sales contract. Buyer s dated signature is on file pursuant to the Motor Vehicle Installment Sales Contract described above. Read reverse side of this form for the Installment Sales Contract GAP Waiver Definitions, Addendum, Exclusions and Claim Requirements. Installment Sales Contract GAP Waiver Addendum In consideration for the GAP fee Lobel Financial will waive the GAP Amount due to a Total Loss, Constructive Total Loss, or Unrecovered Theft to the collateral noted herein. Lobel Financial s maximum waiver shall be the GAP Amount, including, if the collateral is protected by primary insurance, up to $1000 for the primary insurance deductible. If the collateral is not protected by primary insurance, Lobel Financial will waive only the GAP Amount by subtracting the Actual Cash Value of the covered collateral from the unpaid net balance and I will remain responsible for the Actual Cash Value of the collateral.

3 DEFINITIONS I, Me and My refers to the buyer(s). Eligible Collateral: Private passenger vehicles, four wheel autos, vans, pick-ups or light trucks not to exceed 1 ton load capacity. Vehicles used for Taxi, Limousine or Shuttle Service are excluded. GAP Amount: The difference between the primary carrier s physical damage insurance payment for a theft or total loss, or if uninsured, the collateral s Actual Cash Value, and the unpaid net balance of the Installment Sales Contract. GAP Amount waived shall not exceed $4, Total Loss or Constructive Total Loss: A loss where the cost to repair or replace the collateral would exceed the Actual Cash Value as determined by the primary insurance carrier or designated appraiser. Unrecovered Theft: The covered collateral has been reported stolen by me to both the police and primary insurance carrier, who have made every effort yet have failed, to find and return the covered collateral. Actual Cash Value: The amount determined by the primary insurance carrier at the time of loss as the value of the vehicle. However, if there is no primary insurance at the time of a loss, Actual Cash Value shall mean the retail value of the collateral using the Kelley Blue Book, with appropriate adjustments for mileage and optional equipment. Primary Insurance: In force insurance coverage, required by Lobel Financial, and carried by me to protect the covered collateral from collision and comprehensive loss, naming Lobel Financial as Lienholder. Unpaid Net Balance: The amount owed by me to payoff the outstanding installment sales contract, as of the date of loss. Unpaid net balance includes the unearned finance charge rebates, unearned insurance premium rebate and service contract rebate, if any. Delinquent Payments: Any payment that is past due as described in the contract. Late Charges: Any late charge posted the buyer s account. Repossession and Miscellaneous Fees: Any repossession or any other payment advanced in the collection of said contract. DISCLOSURE, TERMS, NOTICES and EXPLANATIONS (b) Disclosure under Texas law. (1) Delivery. The retail seller provided me with a notice that a Debt Cancellation Agreement is not required in order to purchase a motor vehicle. The notice was provided to me in a Debt Cancellation Agreement for total loss or theft of an ordinary vehicle in a separate disclosure. The notice was provided to me separately from the retail installment sales contract. (2) Multiple applicants. I understand that in the case of multiple applicants, it is only necessary for the retail seller to deliver the Debt Cancellation Agreement for total loss or theft of an ordinary vehicle notice to one applicant. (c) Authorized Debt Cancellation Agreement for total loss or theft of an ordinary vehicle provisions. (1) This is a Debt Cancellation Agreement that includes insurance coverage as part of my responsibility to Lobel. Exclusions (A) Exclusions. I understand that the debt will not be cancelled in certain situations. The situations for which the debt will not be cancelled are below. This Debt Cancellation Agreement excludes the following and fully discloses all provisions permitting the exclusion of loss or damage including, if applicable: (1) an act occurring after the original maturity date or date of Lobel Financial's acceleration of the retail installment contract; (2) any dishonest, fraudulent, illegal, or intentional act of any authorized driver that directly results in the total loss of the motor vehicle; (3) any act of gross negligence by an authorized driver that directly results in the total loss of the motor vehicle; (4) conversion, embezzlement, or concealment by any person in lawful possession of the motor vehicle; (5) lawful confiscation by an authorized Page 2 of 7

4 public official; (6) the operation, use, or maintenance of the motor vehicle in any race or speed contest; (7) war, whether or not declared, invasion, insurrection, rebellion, revolution, or an act of terrorism; (8) normal wear and tear, freezing, or mechanical or electrical breakdown or failure; (9) use of the motor vehicle for primarily commercial purposes; (10) damage that occurs after the motor vehicle has been repossessed; (11) damage to the motor vehicle before the purchase of the Debt Cancellation Agreement; (12) unpaid insurance premiums and salvage, towing, and storage charges relating to the motor vehicle; (13) damage related to any personal property attached to or within the motor vehicle; (14) damages associated with falsification of documents by any person not associated with the retail seller or other person canceling the retail buyer's obligation; (15) any unpaid debt resulting from exclusions in the retail buyer's primary physical damage coverage not included in the Debt Cancellation Agreement; (16) abandonment of the motor vehicle by the retail buyer only if the retail buyer voluntarily discards, leaves behind, or otherwise relinquishes possession of the motor vehicle to the extent that the relinquishment shows intent to forsake and desert the motor vehicle so that the motor vehicle may be appropriated by any other person; (17) any amounts deducted from the primary insurance carrier's settlement due to prior damages; and (18) any loss occurring outside the United States or outside the United States and Canada; (19) the total loss or theft results directly or indirectly from forgery or any dishonest, fraudulent or criminal act; (20) an intentional act; (21) to a vehicle that is part of a fleet that is intended for use as a public or livery conveyance. Claim Requirements (B) Seventy Five Days to Make Claim. I understand that I am required to notify Lobel Financial within 75 days, of any potential loss, total loss or theft of the Vehicle under the Debt Cancellation Agreement. (C) Documents Required to Process Claim. I understand that I must provide or complete all of the following documents and provide those documents to Lobel Financial: (i) a debt cancellation request form; (ii) proof of loss and settlement payment from the retail buyer's primary comprehensive, collision, or uninsured/underinsured motorist policy or other parties' liability insurance policy for the settlement of the insured total loss of the motor vehicle; (iii) verification of the retail buyer's primary insurance deductible; (iv) a copy of the police report, if any, filed in connection with the total loss or theft of the motor vehicle; (v) a copy of the damage estimate. Documentation not described by Subdivision (C) or required by Lobel Financial, are not required to substantiate the loss or determine the amount of debt to be canceled. (D) Inspection. I understand that even if I provide the documents above (paragraph (C)), that upon reasonable advance notice, Lobel Financial may inspect my vehicle to determine pre-damage and mileage condition upon a total loss of the vehicle; (E) Cancellation of Debt by Lobel Financial As Stated In The Debt Cancellation Agreement. LOBEL FINANCIAL WILL CANCEL CERTAIN AMOUNTS I OWE UNDER THIS CONTRACT IN THE CASE OF A TOTAL LOSS OR THEFT OF THE VEHICLE AS STATED IN THE DEBT CANCELLATION AGREEMENT. (F) Explanation of Refund Method. See section (f) below. Lobel Financial will use the method set forth in (f) to calculate the amount of a refund. (G) Explanation of Amount of Debt Canceled. See section (h) below. Lobel Financial will cancel the amount of debt using the calculation set forth in (h). (H) Debt Cancellation Agreement Not Required. I understand that the Debt Cancellation Agreement is not required to obtain credit and will not be a factor in the credit approval process; (I) Partial Loss Not Covered. I understand that a partial loss of the motor vehicle is not subject to relief under the Debt Cancellation Agreement; (J) Request by Commissioner. Lobel Financial will make its records relating to the creation, processing, and resolution of the Debt Cancellation Agreement available to the commissioner; (K) Maximum Term. The maximum term of the Debt Cancellation Agreement is set forth above in the DEFINITIONS section. Page 3 of 7

5 (L) Deductible. I understand that the Debt Cancellation Agreement may cover a portion of the deductible of the primary physical damage insurance, up to a limit of $ 1,000. (M) Tax Advisor. I understand that I should consider contacting a tax advisor regarding possible tax consequences; and (N) Notice. Notice should be given via first class mail to the addresses set forth above in the DEFINITIONS section above. (O) Severability. If any section, paragraph, sentence, clause, phrase or any part of any act passed hereafter is declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect. (P) Arbitration. I understand that Lobel Financial and I may arbitrate any dispute under this agreement by giving notice to the addresses at the top of this agreement. COPY OF AGREEMENT (d) The Debt Cancellation Agreement I received included: (1) my name, and the name, address, and telephone number of the place where requests for debt cancellation are processed by Lobel Financial; (2) the amount and term of the Debt Cancellation Agreement for total loss or theft of an ordinary vehicle; (3) the cost of the Debt Cancellation Agreement for total loss or theft of an ordinary vehicle; (4) the terms, including the limitations, exclusions and restrictions; and (5) Notice that: LOBEL FINANCIAL WILL CANCEL CERTAIN AMOUNTS I OWE UNDER THIS CONTRACT IN THE CASE OF A TOTAL LOSS OR THEFT OF THE VEHICLE AS STATED IN THE DEBT CANCELLATION AGREEMENT. COMPLAINTS (e) I Understand That I May File a Complaint. I may file a complaint with the commissioner. The address, phone number, and Internet website of the Office of Consumer Credit Commissioner are below: Web: Address: Office of Consumer Credit Commissioner (OCCC) 2601 N. Lamar Blvd. Austin, Texas Direct general inquiries to or to Their toll-free Consumer Helpline number is FEES OR RATES FOR DEBT CANCELLATION (e) I agree to the fee or rate for the Debt Cancellation Agreement for total loss or theft of an ordinary vehicle. I understand that the amount charged for a Debt Cancellation Agreement made in connection with a retail installment contract will be 5% of the amount financed. This Debt Cancellation Agreement becomes a part of or a separate addendum to the retail installment contract and remains a term of the retail installment contract on the assignment, sale, or transfer by Lobel Financial. REFUNDS ON UNEARNED DEBT CANCELLATION FEES and CANCELLATION OF THIS AGREEMENT (f) Refund or credit of unearned Debt Cancellation Agreement fee. (1) Notification of cancellation triggering refund or credit. I understand that Lobel Financial requires me to notify Lobel Financial in writing should I decide to cancel the Debt Cancellation Agreement. (2) Refunding method. Upon termination of a Debt Cancellation Agreement prior to the scheduled maturity date of a retail installment sales contract, Lobel Financial will provide me a refund or credit calculated the Rule of 78s. I understand that in the event of a canceled debt under the Debt Cancellation Agreement, the fee paid for the Debt Cancellation Agreement is fully earned and no refund or credit is due. Page 4 of 7

6 (3) Cancellation date. I understand that the refund or credit of the Debt Cancellation Agreement fee, if any, is based upon the earlier date of: (A) the prepayment of the retail installment sales contract in full prior to the original maturity date; (B) a demand by Lobel Financial for payment in full of the unpaid balance or acceleration; (C) a request by the retail buyer for cancellation of the Debt Cancellation Agreement; or (D) the total denial of a debt cancellation request based on one of the exclusions contained in subsection (c)(1)(a) of this agreement, except in the case of a partial loss of the covered motor vehicle. (4) Rounding of unearned Debt Cancellation Agreement fee. I understand that the refund or credit for the Debt Cancellation Agreement can be rounded to the nearest whole dollar. (5) Refund or credit less than $ 5.00 not required. I understand that a refund or credit is not required if the amount of the refund or credit calculated is less than $ 5. (6) Flat cancellation within 30 days. If no total loss or theft has occurred, I may cancel the Debt Cancellation Agreement within 30 days from the date of the retail installment sales contract or the issuance of the Debt Cancellation Agreement, whichever is later. Upon such cancellation, Lobel Financial will refund or credit the entire Debt Cancellation Agreement fee. A retail buyer may not cancel the Debt Cancellation Agreement and then receive any benefits under the agreement. (g) Prompt cancellation under Debt Cancellation Agreement. Lobel Financial must comply with the terms of a Debt Cancellation Agreement within 60 days of receiving a debt cancellation request form and all necessary information needed by Lobel Financial to process the request. If Lobel Financial has all of the information that I would provide in the completion of a debt cancellation request form, Lobel Financial must comply with the terms of the Debt Cancellation Agreement within 60 days of receipt of all the necessary information needed by Lobel to process the request. CALCULATION OF CANCELLED DEBT (h) Calculation of amount to be cancelled under Debt Cancellation Agreement for total loss or theft of ordinary vehicle. I understand that the calculation of the amount to be canceled under this Agreement will be figured in compliance with one of the following methods: (1) Debt Cancellation Agreement for total loss or theft of ordinary vehicle that includes insurance coverage as part of retail buyer's responsibility to Lobel Financial. (A) If the retail installment sales transaction uses the scheduled installment earnings method or is a regular payment contract using the sum of the periodic balances method, Lobel Financial or administrator will calculate the amount to be canceled by: (i) adding the remaining originally scheduled installments owed by the retail buyer, including any scheduled installment that is not more than 15 days past due, on the retail installment sales contract as of the date of loss; (ii) subtracting the total loss payment made by the primary insurance carrier, or if the primary insurance has lapsed, the retail value of the motor vehicle as of the date of loss determined by an established retail value guide; (iii) subtracting any refunds received by Lobel Financial as of the date of total loss or theft in accordance with subsection (i) of this section; and (iv) subtracting the amount of any deductible amount that exceeds $ 1,000. (B) If the retail installment sales contract uses the true daily earnings method and is payable in monthly installments, Lobel Financial or administrator will calculate the amount to be canceled by: (i) computing the originally scheduled principal balance due as of the date of total loss or theft; (ii) adding the amount of accrued time price differential from the date of the last originally scheduled installment immediately preceding the total loss or theft, for a period not to exceed 46 days; (iii) subtracting the total loss payment made by the primary insurance carrier, or if the primary insurance has Page 5 of 7

7 lapsed, the retail value of the motor vehicle as of the date of loss determined by an established retail value guide; (iv) subtracting any refunds received by Lobel Financial as of the date of total loss or theft; and (v) subtracting the amount of any deductible amount that exceeds $ 1,000. (C) The total loss payment made by the primary insurance carrier to Lobel Financial is presumed to be correct in connection with the amount owed under the retail buyer's insurance policy in the event of total loss or theft. If Lobel Financial or administrator has verifiable knowledge that the total loss payment by the primary insurance carrier is inadequate under the insurance policy, Lobel Financial may dispute the amount paid by the primary insurance carrier. Lobel Financial must contact the primary insurance carrier in writing to object to the amount paid under the primary insurance policy. If the primary insurance carrier has not reasonably tendered additional funds within 30 days of the written notice, Lobel Financial or administrator may, but is not required to, deduct an amount, in lieu of the amount shown under subparagraph (A)(ii) or (B)(iii) of this paragraph, equal to the retail value of the motor vehicle as of date of loss determined by an established retail value guide. Any disputes arising from this section are subject to review by the commissioner. PREPAYMENT (i) Prepayment of retail installment sales contract by Debt Cancellation Agreement. If the Debt Cancellation Agreement is triggered by the total loss or theft of the motor vehicle, all refunds should be calculated as of the date of loss. (1) Insurance refunds and other cancelable items. Examples of refunds that should be calculated as of the date of loss include credit life premium, credit accident and health insurance premium, credit involuntary unemployment insurance premium, collateral protection insurance premium, and service contract refunds. The retail installment sales contract may permit an administrator or provider to receive any refunds that are received by Lobel Financial after the settlement of the Debt Cancellation Agreement, if those refunds were included in the amount received by Lobel Financial from the administrator. Refunds that were not part of the amount received by Lobel Financial from the administrator must be either applied to the retail buyer's account or given to the retail buyer. (2) Time price differential refund. If the retail installment sales contract uses the scheduled installment earnings method or is a regular payment contract using the sum of the periodic balances method, the time price differential refund should be calculated as of the date of loss. If the retail installment sales contract uses the true daily earnings method, Lobel Financial should not earn any time price differential charge after the date of loss. ASSIGNMENT & DELEGATION (j) Assignment and delegation. (1) The retail seller or subsequent holder (Lobel Financial) of a retail installment sales contract may not assign any of its rights under a Debt Cancellation Agreement unless Lobel Financial assigns the retail installment sales contract that the Debt Cancellation Agreement modifies. Lobel Financial may delegate its duties under a Debt Cancellation Agreement, but the delegating party remains liable for the performance it delegated and the conduct of the persons to whom the duties are delegated. (2) Good faith reliance. Lobel Financial may in good faith rely on a computation by the administrator of the balance waived, unless Lobel Financial has knowledge that the computation is not correct. If a computation by the administrator of the balance waived is not correct, Lobel Financial must, within a reasonable time of learning that the computation is incorrect, make the necessary corrections or cause the corrections to be made to the retail buyer's account. This section does not prevent Lobel Financial from obtaining reimbursement from the administrator or others responsible for the Debt Cancellation Agreement or computation. (3) For any documents relating to the creation, processing, or resolution of a Debt Cancellation Agreement, the licensee must: (A) maintain documents that Page 6 of 7

8 come into its possession; and (B) upon request by the agency, cooperate in requesting and obtaining access to documents not in its possession. (4) Paragraph (3) of this subsection also applies to a retail seller who negotiates a Debt Cancellation Agreement and subsequently assigns the retail installment sales contract. (k) Prohibited practices. A Debt Cancellation Agreement cannot be offered if: (1) The retail installment sales contract is already protected by gap insurance; (2) The purchase of the Debt Cancellation Agreement is required for the retail buyer to obtain the extension of credit. Signature of Buyer Date Signature of Co-Buyer Date //// Page 7 of 7

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