Guaranteed Auto Protection (GAP) Waiver Agreement

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1 Guaranteed Auto Protection (GAP) Waiver Agreement Contract : Borrower s Name : Borrower s Address : Vehicle Year/Make/Model : Vin# : Amount Financed : $ GAP Fee : $ Amount Financed less GAP Fee : $ Contract Term : Months Dealership Name : Dealership Address : Lobel Financial is the Holder of the Contract and seller of this GAP Waiver. Lobel Financial financed my Vehicle. The address and telephone for Lobel is: GAP PROGRAM ADMINISTRATOR Phone # LOBEL FINANCIAL Fax # P.O. BOX 3000 ANAHEIM, CA Voluntary Election By Borrower To Purchase Guaranteed Auto Protection (GAP) 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 or complete a purchase of a motor vehicle and does not affect the terms and conditions of credit that a borrower obtains from a creditor. 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 Agreement. I understand that the maximum term of this GAP Waiver Agreement shall not exceed 48 months, however, my GAP coverage is subject to the term of my Contract. Read this form for the GAP Waiver Agreement s Terms and Conditions, Exclusions, and Claim Requirements. 1

2 DEFINITIONS Contract: The Contract for Sale and Security Agreement for Sale of Vehicle or other installment sales contract for the purchase of the vehicle identified above. 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 Insurance 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 Contract. GAP Amount waived shall not exceed $4, Total Loss or Constructive Total Loss: Means 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: The 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 to the customer account connected to the Contract. Repossession and Miscellaneous Fees: Any repossession or any other payment advanced in the collection of said Contract. GAP: Means an agreement structured as a contractual term that relieves the consumer (me) of liability for the deficiency balance remaining after the payment of all insurance proceeds for property damage upon the Total Loss of the consumer's (my) automobile whether the loss occurred from the total destruction of the vehicle, the theft of the vehicle, or both. 2

3 TERMS AND CONDITIONS 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 Eligible Collateral noted herein. Lobel Financial s maximum waiver shall be the GAP Amount, including, if the collateral is protected by Primary Insurance, up to $500 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 Eligible Collateral from the Unpaid Net Balance and I will remain responsible for the Actual Cash Value of the collateral. The calculation of the GAP Amount is the Unpaid Net Balance less the Primary Insurance carrier s settlement up to a $500 deductible (if there is no primary coverage at time of loss it is less the Actual Cash Value) less Delinquent Payments, Late Charges, Repossession and Miscellaneous Fees. If I purchase GAP and I don't purchase insurance, or I purchase insurance and it lapses and Lobel Financial adds its Loss Damage Waiver and a Total Loss occurs and my Loss Damage Waiver is in force, Lobel Financial will waive my deductible and I will owe no money and my Contract will be deemed paid in full. However, should a Total Loss occur and my Loss Damage Waiver claim has been denied for any reason, my GAP coverage will apply and I will owe the amount as outlined in this GAP Waiver Agreement. CANCELLATION OR TERMINATION OF COVERAGE FREE LOOK PERIOD: I may cancel this GAP Waiver Agreement within thirty (30) days and I am entitled to a refund of the charge for the GAP Waiver Agreement as follows: (i)if benefits have not been provided, a full refund; or (ii) if benefits have been provided, a refund to the extent provided for in the GAP Waiver Agreement. To cancel, I must send a written request to GAP Program Administrator, Lobel Financial at PO BOX 3000, Anaheim, CA , (714) AFTER FREE LOOK PERIOD: After the expiration of thirty (30) days, and if no benefits have been provided, I may cancel this GAP Waiver Agreement by sending a written request to cancel to GAP Program Administrator, Lobel Financial at PO BOX 3000, Anaheim, CA , (714) Upon cancellation, Lobel Financial will refund to me the unearned fee paid for GAP on a pro rata basis. TERMINATION OF FINANCE AGREEMENT: If the GAP Waiver is cancelled because the Contract is terminated, I must provide a written request to GAP Program Administrator, Lobel Financial at PO BOX 3000, Anaheim, CA , within 90 days after the termination of the Contract for a refund of the unearned portion of the GAP fee, and, Lobel Financial will refund to me the unearned fee paid for GAP on a pro rata basis. Lobel Financial may apply any refund owed to me because of the cancellation of the GAP Waiver, including, without limitation, cancellation during the free-look period or cancellation caused by a default on the Contract, the repossession of the vehicle, or other termination of the Contract, to any amount still owed to Lobel Financial under the Contract. EXCLUSIONS This GAP Waiver Agreement does not apply: (1) when a Total Loss or a theft results directly or indirectly from forgery or any dishonest, fraudulent or criminal act by me; (2) when a Total Loss or a theft was caused intentionally by me; (3) to a vehicle that is part of a fleet that is intended for use as a public or livery conveyance. 3

4 CLAIM REQUIREMENTS NINETY DAYS TO NOTIFY LOBEL FINANCIAL: I have 90 days after the loss settlement from any property damage insurance or from the date the creditor notifies me of any deficiency balance owed, whichever is later, to file a GAP claim. CLAIM PROCEDURES: In the event of a claim, I must provide, within 90 days of the of Loss, to GAP Program Administrator, Lobel Financial at PO BOX 3000, Anaheim, CA , (714) , the following documentation before any payment or credits under this GAP Waiver Agreement can be processed. Failure to provide this documentation within 90 days of the of Loss will VOID this GAP Waiver Agreement. 1. Complete documentation from my Primary Insurance company substantiating the date of and cause of loss to the Vehicle, Gross Settlement Amount, Deductible, the Net Settlement Amount, and Proof of Payment. 2. Copy of Police Report if Theft Loss. 3. Documentation showing refund amounts of any cancelable items purchased. NOTICE TO BORROWER A guaranteed asset protection waiver is not a policy of liability or casualty insurance and does not satisfy the requirement to maintain liability insurance pursuant to Nev. Rev. Stat Failure to make a timely payment under the terms of the finance agreement may void the guaranteed asset protection waiver. Signature of Customer Signature of Co-Customer 4

5 GAP CANCELLATION FORM Contract Vehicle Make Vehicle Model VIN Dealership Name Dealership Address, City, State, and Zip _ Customer s Name _ Co-Customer s Name SUBMIT THIS FORM TO LOBEL FINANCIAL TO CANCEL THE GAP WAIVER AGREEMENT (1) The name and mailing address to be used to cancel GAP is: GAP PROGRAM ADMINISTRATOR Phone # LOBEL FINANCIAL Fax # P.O. BOX 3000 ANAHEIM, CA (2) I have an unconditional right to cancel GAP for a full refund within 30 days after purchase so long as no loss event covered by the Agreement has occurred. I HEREBY CANCEL THE GAP WAIVER AGREEMENT. Signature of Customer Signature of Co-Customer 5

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