Common use of Representations and Warranties of Dealer Clause in Contracts

Representations and Warranties of Dealer. Dealer represents and warrants with respect to each Application and/or Contract (RISC) submitted to and/or purchased by NFI hereunder, on a continuing basis, that: a) Dealer is properly organized, validly existing, authorized to transact business, and in good standing under the laws of the jurisdiction of the dealer’s organization and each jurisdiction in which it performs or will perform it’s obligations under the dealer agreement; b) Dealer has the power, authority and legal right to execute, deliver and perform all of the requirements of the dealer agreement, and that execution delivery and performance of the dealer agreement has been duly authorized by all necessary action; c) The Contract arose from a bona-fide sale to the Buyer(s) thereunder, in the ordinary course of Dealer’s business. Dealer had full power and authority to make such sale and the Contract is the only such instrument executed for the motor vehicle described therein; d) Each Buyer has the capacity to enter into the RISC; e) Dealer has verified the identity of each Buyer; f) Dealer obtained permission from each Buyer to forward his or her credit application to NFI and each Buyer granted NFI permission to verify his or her credit, including but not limited to obtaining credit reports from credit reporting agencies; g) Dealer notified the consumer that his/her application would be forwarded to NFI and provided the consumer with NFI’s address; h) No misstatements were made to the buyer(s) regarding the vehicle, finance charge, other terms of the RISC, or otherwise regarding the sale and credit transaction; i) Buyer is the person who will be driving the vehicle and that the vehicle is not being purchased for use by, or on behalf of, another person; j) All statement and information contained in the credit application and Contract submitted by Dealer to NFI are true, accurate and complete; k) Dealer has complied with all federal, state and local laws and regulations, including but not limited to those relating to the licensing of Dealer, the advertisement of the motor vehicle, the making, form and completion of the Contract, the underlying sale of the motor vehicle, the disclosure of the motor vehicle condition, the acquisition and use of consumer credit information; l) Any down payment described in the Contract has been made by the Buyer(s) in cash, check or its equivalent, excluding credit card, that no portion thereof shall have been directly or indirectly advanced by Dealer, and that there is no portion of the down payment that has been deferred by the Dealer which has not been accurately disclosed on the Contract; m) All credits and rebates have been fully disclosed, separately itemized and not included in the down payment; n) If buyer makes payment on the RISC to the dealer, the dealer will forward the payment to NFI; o) The motor vehicle sold to Buyer(s) is not salvaged, is not a “lemon law” buyback, is not designated true mileage unknown, does not have frame damage (actual or possible), and the title to the motor vehicle is in good mechanical condition and is of merchantable quality; p) Vehicle is described accurately in the RISC and other transaction documents, including accurate descriptions of actual options, equipment, mileage and equipment; q) Dealer has not altered the sales price of a motor vehicle based on any of the terms, rates, discounts, or other conditions imposed by, or negotiated with NFI to purchase a Contract, or based on the Dealer’s intent to assign or sell the Contract to NFI; r) All taxes and fees due have been paid; s) Vehicle is insured with full comprehensive and collision coverage with deductibles no higher than $500 and naming NFI as loss payee and an additional insured, and that dealer has verified that the insurance requirement has been satisfied; t) Each instrument will evidence a valid registration of title to, or grant of a first and prior security interest in, the motor vehicle, and will have been timely filed or recorded, if permitted or required by law, as to be effective against all persons to preserve the priority of such lien; u) If the motor vehicle is sold with Add-on Products and Services (defined herein) Dealer will forward payment to the provider of such product or service; v) Dealer has good and marketable title to the motor vehicle and the Contract and property sold thereunder shall be free and clear of all liens, encumbrances, and rights of any third party, and Dealer has full right and authority to sell, transfer and assign the Contract; w) RISC transfers all of the dealer’s rights, title and interest in the RISC, as well as the security interest in the vehicle;

Representations and Warranties of Dealer. Regarding each Contract sold to CPS, and the related Vehicle, Dealer represents and warrants with respect to each Application and/or Contract (RISC) submitted to and/or purchased by NFI hereunder, on a continuing basis, that: (a) the Contract represents a bona fide absolute and unconditional sale by Dealer is properly organized, validly existing, authorized to transact business, and in good standing under the laws Buyer of the jurisdiction of the dealer’s organization and each jurisdiction in which it performs or will perform it’s obligations under the dealer agreement; b) Dealer has the power, authority and legal right to execute, deliver and perform all of the requirements of the dealer agreement, and that execution delivery and performance of the dealer agreement has been duly authorized by all necessary action; c) The Contract arose from a bona-fide sale to the Buyer(s) thereundersuch Vehicle, in the ordinary course of the business of the Dealer’s business. Dealer had full power , on a time price basis and authority to make such sale not on a cash basis; (b) the Contract and the Contract is underlying sale of the only such instrument executed for the motor vehicle described thereinVehicle were completed in compliance with all applicable laws and regulations; d(c) Each Buyer has the capacity to enter into the RISC; e) Dealer has verified the identity of each Buyer; f) Dealer obtained permission from each Buyer to forward his or her credit application to NFI and each Buyer granted NFI permission to verify his or her credit, including but not limited to obtaining credit reports from credit reporting agencies; g) Dealer notified the consumer that his/her application would be forwarded to NFI and provided the consumer with NFI’s address; h) No misstatements were made to the buyer(s) regarding the vehicle, finance charge, other terms of the RISC, or otherwise regarding the sale and credit transaction; i) Buyer is the person who will be driving the vehicle and that the vehicle is not being purchased for use by, or on behalf of, another person; j) All statement statements and information contained in the credit application Contract and Contract each other document submitted by Dealer to NFI CPS are true, accurate true and completeaccurate; k(d) Dealer has complied with all federal, state and local laws and regulations, including but not limited to those relating to the licensing of Dealer, the advertisement of the motor vehicle, the making, form and completion of the Contract, the underlying sale of the motor vehicle, the disclosure of the motor vehicle condition, the acquisition and use of consumer credit information; l) Any entire down payment described in the Contract has been made was paid by the Buyer(sBuyer at the time and in the manner stated in such Contract; (e) the Contract and any Guaranty thereof are genuine, legally valid and enforceable in cash, check or its equivalent, excluding credit card, that no portion thereof shall have been directly or indirectly advanced by Dealer, and that accordance with their terms; (f) there is no portion right of rescission, setoff, counterclaim or defense that exists or has been asserted or threatened with respect to the Contract, nor is there any valid basis for any such claim; (g) the Vehicle has been delivered to the Buyer in good condition and has been accepted by the Buyer; (h) the Vehicle is not a salvage vehicle, reconstructed vehicle, lemon law buyback, any vehicle as to which adverse notation is required on the certificate of title, or a structurally damaged vehicle; (i) the Buyer’s obligations under the Contract are secured by a validly perfected first priority security interest in the Vehicle in favor of CPS, enforceable under state and federal law (including bankruptcy law), and CPS shall receive a certificate of title naming CPS as first priority lienholder within 60 days after the date of sale of the down payment that has been deferred by the Dealer which has not been accurately disclosed Vehicle to Buyer, and registered in Buyer’s name exactly as shown on the Contract; m(j) All credits and rebates have been fully disclosed, separately itemized and not included in the down payment; n) If buyer makes payment on the RISC to the dealer, the dealer will forward the payment to NFI; o) The motor vehicle sold to Buyer(s) is not salvaged, is not a “lemon law” buyback, is not designated true mileage unknown, does not have frame damage (actual or possible), and the title to the motor vehicle is in good mechanical condition and is of merchantable quality; p) Vehicle is described accurately in the RISC and other transaction documents, including accurate descriptions of actual options, equipment, mileage and equipment; q) Dealer has not altered the sales price of a motor vehicle based on any as of the terms, rates, discounts, or other conditions imposed by, or negotiated with NFI to purchase a Contract, or based on date of the Dealer’s intent to assign or sell sale of the Contract to NFICPS, all representations and warranties made by Dealer to Buyer with respect to the Contract or the underlying Vehicle, are also made by Dealer to CPS; r) All taxes and fees due have been paid; s) Vehicle is insured with full comprehensive and collision coverage with deductibles no higher than $500 and naming NFI as loss payee and an additional insured, and that dealer has verified that the insurance requirement has been satisfied; t) Each instrument will evidence a valid registration of title to, or grant of a first and prior security interest in, the motor vehicle, and will have been timely filed or recorded, if permitted or required by law, as to be effective against all persons to preserve the priority of such lien; u) If the motor vehicle is sold with Add-on Products and Services (defined herein) Dealer will forward payment to the provider of such product or service; vk) Dealer has good and marketable title to the motor vehicle and the Contract and property sold thereunder shall be Vehicle, free and clear of all liens, encumbrances, and rights of any third partyparties, and Dealer has full right and authority to sell, transfer and assign the Contract; w(l) RISC transfers all to the best of Dealer’s knowledge, there is no fraudulent scheme, trick or device in connection with the Contract or the sale of the dealer’s rightsVehicle that has the effect of evading any of the foregoing representations or warranties; and (m) any service contract, title credit insurance policy or other “finance add” that is sold to the Buyer and interest financed as part of the Contract is refundable at least to the extent required by law. Upon prepayment or default of the Contract within the term of any such item, the refund obligations set forth in the RISC, as well as the security interest in the vehicle;Schedule “A” shall apply.

Representations and Warranties of Dealer. Regarding each Contract sold to CPS, and the related Vehicle, Dealer represents and warrants with respect to each Application and/or Contract (RISC) submitted to and/or purchased by NFI hereunder, on a continuing basis, that: (a) the Contract represents a bona fide absolute and unconditional sale by Dealer is properly organized, validly existing, authorized to transact business, and in good standing under the laws Buyer of the jurisdiction of the dealer’s organization and each jurisdiction in which it performs or will perform it’s obligations under the dealer agreement; b) Dealer has the power, authority and legal right to execute, deliver and perform all of the requirements of the dealer agreement, and that execution delivery and performance of the dealer agreement has been duly authorized by all necessary action; c) The Contract arose from a bona-fide sale to the Buyer(s) thereundersuch Vehicle, in the ordinary course of the business of the Dealer’s business. Dealer had full power , on a time price basis and authority to make such sale not on a cash basis; (b) the Contract and the Contract is underlying sale of the only such instrument executed for the motor vehicle described thereinVehicle were completed in compliance with all applicable laws and regulations; d(c) Each Buyer has the capacity to enter into the RISC; e) Dealer has verified the identity of each Buyer; f) Dealer obtained permission from each Buyer to forward his or her credit application to NFI and each Buyer granted NFI permission to verify his or her credit, including but not limited to obtaining credit reports from credit reporting agencies; g) Dealer notified the consumer that his/her application would be forwarded to NFI and provided the consumer with NFI’s address; h) No misstatements were made to the buyer(s) regarding the vehicle, finance charge, other terms of the RISC, or otherwise regarding the sale and credit transaction; i) Buyer is the person who will be driving the vehicle and that the vehicle is not being purchased for use by, or on behalf of, another person; j) All statement statements and information contained in the credit application Contract and Contract each other document submitted by Dealer to NFI CPS are true, accurate true and completeaccurate; k(d) Dealer has complied with all federal, state and local laws and regulations, including but not limited to those relating to the licensing of Dealer, the advertisement of the motor vehicle, the making, form and completion of the Contract, the underlying sale of the motor vehicle, the disclosure of the motor vehicle condition, the acquisition and use of consumer credit information; l) Any entire down payment described in the Contract has been made was paid by the Buyer(sBuyer at the time and in the manner stated in such Contract; (e) the Contract and any Guaranty thereof are genuine, legally valid and enforceable in cash, check or its equivalent, excluding credit card, that no portion thereof shall have been directly or indirectly advanced by Dealer, and that accordance with their terms; (f) there is no portion right of rescission, setoff, counterclaim or defense that exists or has been asserted or threatened with respect to the Contract, nor is there any valid basis for any such claim; (g) the Vehicle has been delivered to the Buyer in good condition and has been accepted by the Buyer; (h) the Vehicle is not a salvage vehicle, reconstructed vehicle, lemon law buyback, any vehicle as to which adverse notation is required on the certificate of title, or a structurally damaged vehicle; (i) the Buyer’s obligations under the Contract are secured by a validly perfected first priority security interest in the Vehicle in favor of CPS, enforceable under state and federal law (including bankruptcy law), and CPS shall receive a certificate of title naming CPS as first priority lienholder within 110 days after the date of sale of the down payment that has been deferred by the Dealer which has not been accurately disclosed Vehicle to Buyer, and registered in Buyer’s name exactly as shown on the Contract; m(j) All credits and rebates have been fully disclosed, separately itemized and not included in the down payment; n) If buyer makes payment on the RISC to the dealer, the dealer will forward the payment to NFI; o) The motor vehicle sold to Buyer(s) is not salvaged, is not a “lemon law” buyback, is not designated true mileage unknown, does not have frame damage (actual or possible), and the title to the motor vehicle is in good mechanical condition and is of merchantable quality; p) Vehicle is described accurately in the RISC and other transaction documents, including accurate descriptions of actual options, equipment, mileage and equipment; q) Dealer has not altered the sales price of a motor vehicle based on any as of the terms, rates, discounts, or other conditions imposed by, or negotiated with NFI to purchase a Contract, or based on date of the Dealer’s intent to assign or sell sale of the Contract to NFICPS, all representations and warranties made by Dealer to Buyer with respect to the Contract or the underlying Vehicle, are also made by Dealer to CPS; r) All taxes and fees due have been paid; s) Vehicle is insured with full comprehensive and collision coverage with deductibles no higher than $500 and naming NFI as loss payee and an additional insured, and that dealer has verified that the insurance requirement has been satisfied; t) Each instrument will evidence a valid registration of title to, or grant of a first and prior security interest in, the motor vehicle, and will have been timely filed or recorded, if permitted or required by law, as to be effective against all persons to preserve the priority of such lien; u) If the motor vehicle is sold with Add-on Products and Services (defined herein) Dealer will forward payment to the provider of such product or service; vk) Dealer has good and marketable title to the motor vehicle and the Contract and property sold thereunder shall be Vehicle, free and clear of all liens, encumbrances, and rights of any third partyparties, and Dealer has full right and authority to sell, transfer and assign the Contract; w(l) RISC transfers all to the best of Dealer’s knowledge, there is no fraudulent scheme, trick or device in connection with the Contract or the sale of the dealer’s rightsVehicle that has the effect of evading any of the foregoing representations or warranties; and (m) any service contract, title credit insurance policy or other “finance add” that is sold to the Buyer and interest financed as part of the Contract is refundable at least to the extent required by law. Upon prepayment or default of the Contract within the term of any such item, the refund obligations set forth in the RISC, as well as the security interest in the vehicle;Schedule “A” shall apply.

Representations and Warranties of Dealer. Dealer represents and warrants with respect to each Application and/or Contract (RISC) submitted to and/or purchased by NFI hereunder, on a continuing basis, that: a1) Dealer is properly an LLC duly organized, validly existing, authorized to transact business, existing and in good standing under the laws of each jurisdiction where the jurisdiction conduct of its business requires such qualification and has obtained the necessary shareholder’s ratification of the dealer’s organization making of the Agreement. 2) With respect to all Contracts sold to Tgn Funding hereunder, Dealer warrants to Tgn Funding. A) That the facts set forth in each Contract will be true and the Purchaser will have no offsets, defenses or counter-claims to the payment of the obligation evidenced by the Contracts. B) That the collateral described in each jurisdiction in which it performs Contract is free and clear of all liens and encumbrances of any nature or will perform it’s obligations under kind except for the dealer agreementlien created by such Contract; bC) Dealer That each Contract will be genuine and is valid and enforceable in accordance with its terms, and the Borrower was legal age and capacity at the time of execution; D) That the collateral described in each Contract has been properly delivered to the power, authority and legal right to execute, deliver and perform all of the requirements of the dealer agreementPurchaser in good condition, and that execution delivery the purchaser has accepted it as such. E) That in preparing and performance of the dealer agreement has been duly authorized by executing each Contract (and all necessary action; c) The Contract arose from a bona-fide sale to the Buyer(s) thereundercircumstances surrounding same), in the ordinary course of Dealer’s business. Dealer had full power and authority to make such sale and the Contract is the only such instrument executed for the motor vehicle described therein; d) Each Buyer has the capacity to enter into the RISC; e) Dealer has verified the identity of each Buyer; f) Dealer obtained permission from each Buyer to forward his or her credit application to NFI and each Buyer granted NFI permission to verify his or her credit, including but not limited to obtaining credit reports from credit reporting agencies; g) Dealer notified the consumer that his/her application would be forwarded to NFI and provided the consumer with NFI’s address; h) No misstatements were made to the buyer(s) regarding the vehicle, finance charge, other terms of the RISC, or otherwise regarding the sale and credit transaction; i) Buyer is the person who will be driving the vehicle and that the vehicle is not being purchased for use by, or on behalf of, another person; j) All statement and information contained in the credit application and Contract submitted by Dealer to NFI are true, accurate and complete; k) Dealer has complied with all federalapplicable State, state Federal and local laws and regulationsregulations including, including but no limited to, usury and consumer credit transaction laws, and that Tgn Funding will suffer no loss by Dealer’s Failure to so comply; G) That the contracts are not limited usurious under applicable law; H) That non-refundable purchase fee due Tgn Funding for each contract sold by the Dealer to those relating Golden Eagle Lending was not included in the Purchaser’s purchase price of the motor vehicle involved, and the fee was not passed on in any manor to the licensing of Dealer, the advertisement Purchaser of the motor vehicle, the making, form and completion of the Contract, the underlying sale of the motor vehicle, the disclosure of the motor vehicle condition, the acquisition and use of consumer credit information; l) Any down payment described in the Contract has been made by the Buyer(s) in cash, check or its equivalent, excluding credit card, that no portion thereof shall have been directly or indirectly advanced by Dealer, and that there is no portion of the down payment that has been deferred by the Dealer which has not been accurately disclosed on the Contract; m) All credits and rebates have been fully disclosed, separately itemized and not included in the down payment; n) If buyer makes payment on the RISC to the dealer, the dealer will forward the payment to NFI; o) The motor vehicle sold to Buyer(s) is not salvaged, is not a “lemon law” buyback, is not designated true mileage unknown, does not have frame damage (actual or possible), and the title to the motor vehicle is in good mechanical condition and is of merchantable quality; p) Vehicle is described accurately in the RISC and other transaction documents, including accurate descriptions of actual options, equipment, mileage and equipment; q) Dealer has not altered the sales price of a motor vehicle based on any of the terms, rates, discounts, or other conditions imposed by, or negotiated with NFI to purchase a Contract, or based on the Dealer’s intent to assign or sell the Contract to NFI; r) All taxes and fees due have been paid; s) Vehicle is insured with full comprehensive and collision coverage with deductibles no higher than $500 and naming NFI as loss payee and an additional insured, and that dealer has verified that the insurance requirement has been satisfied; t) Each instrument will evidence a valid registration of title to, or grant of a first and prior security interest in, the motor vehicle, and will have been timely filed or recorded, if permitted or required by law, as to be effective against all persons to preserve the priority of such lien; u) If the motor vehicle is sold with Add-on Products and Services (defined hereinI) Dealer will forward payment deliver to Tgn Funding the provider of such product or service; v) Dealer has good and marketable title to the original motor vehicle title issued by the applicable state authority. Dealer warrants it is sole owner of the Contracts and has the Contract and property sold thereunder shall be free and clear of all liens, encumbrances, and rights of any third party, and Dealer has full right and authority to sell, transfer and assign the Contract; w) RISC transfers all same pursuant to this Agreement. The Contract File, including the credit application, represent the entire agreement between the Dealer and the Purchaser with respect thereto, and the Contract Documents have not been modified, superseded, or waived by any act or omission by the Dealer. Tgn Funding as subsequent owner of the dealer’s rights, title Contracts will have a valid first lien and interest in the RISC, as well as the security interest in the vehiclecollateral described in the Contract File and will be entitled to enforce such rights to their fullest extent. J) Dealer will promptly forward to Tgn Funding any and all communication, inquiries or remittances relating to the Contracts and will assist Tgn Funding in collection of monies due pursuant to the Contract Documents is requested; K) Dealer will not use Tgn Funding’s name in any advertising or promotion without the express prior written consent of Tgn Funding; L) Dealer will not accept side notes as any part of the down payment portion of Purchaser’s purchase price. All down payments must be made in cash, personal check, cashiers’ check, money order, real trade equity and/or rebates; provided, however, rebates can only be used for one-half or less of the total down payment. Dealer may not make any payments for the Purchaser without Tgn Funding’s prior written permission; M) Dealer must use a vender designated and chosen by Tgn Funding to supply credit life insurance, vehicle service contracts and/or GAP; N) In the event any motor vehicle sold pursuant to a Contract that Tgn Funding has purchased from Dealer with insurance and/or vehicle service contract not purchased through Tgn Funding is repossessed, or the Contract is charged off as uncollectible, or Purchaser files for bankruptcy, Dealer will pay, or cause to be paid, to Tgn Funding the total unearned credit insurance premium and any unearned vehicle service contract amount existing at the time of such repossession, charge-off, or bankruptcy, provided that Tgn Funding shall request, in writing to the Dealer, cancellations of the insurance policy or contract corresponding to the particular premium or amount; O) That the Dealer has not knowingly communicated to Tgn Funding false or misleading information relating to Purchaser’s application or credit statement, nor has Dealer failed to communicate with Tgn Funding about any information relating to such application or credit statement. P) That the contracts represent a sale by Dealer to Purchaser on a time price basis, not on a cash basis and that the down payment (if any) made by Purchaser will be as stated on the face of the Contracts, and no part of the down payment was loaned or paid to Purchaser by Dealer or Dealer’s representative; Q) That name and signatures on the Contract are not forged, fictitious or assumed and are, in fact, true and correct; R) Dealer has no knowledge of any claims or damages to the collateral. 3) If any of these warranties are breached, either intentionally or unintentionally, Tgn funding may at Golden Eagle Lending’s sole discretion and without waiving any other rights or remedies due Tgn Funding, elect to reassign such Contracts to Dealer, regardless of whether any such Contracts are originally assigned by Dealer to Tgn Funding without recourse. The reassignment shall make Dealer liable to immediately remit to Tgn Funding in good U.S. funds in the amount of unpaid balance (including interest) plus the cost and expenses of Tgn Funding, including attorney’s fees, plus any damages or claims Tgn Funding may be required to reimburse to pay to Purchaser or any third party. Furthermore, it is hereby agreed that if any Purchaser who is liable under the terms of a Contract ever exercises any of his, her or their rights under the Holder-In-due Course statutes, or related statutes, including amendments thereto, that Dealer agrees with five (5) days after receiving notice of the exercise, or attempted exercise, of such rights to repurchase said Contract from Tgn Funding. The repurchase shall be in cash in the amount of the unpaid balance (including interest) plus the cost and expenses of Tgn Funding, including attorney’s fees, plus any damages or claims Tgn Funding may be liable for as a result there of. 4) In the event of any Purchaser’s cancellation or extended warranty, credit life or disability insurance premiums or any other item canceled by Purchaser during the term of the Contract not purchased through Tgn Funding, Dealer agrees to pay Tgn Funding, within 15 days, one hundred percent (100%) of any such sums rebated. 5) Dealer agrees to make all proper insurance arrangements with Purchaser, as required by Tgn Funding in its “Agreement to Provide Insurance” form furnished by Tgn Funding to Dealer, and it shall be Dealer’s responsibility to guarantee to Tgn Funding that adequate comprehensive and physical damage insurance has been obtained by Purchaser in accordance with said Agreement to provide insurance, with loss payee clause to Tgn Funding, prior to vehicle being delivered to Purchaser. Dealer shall guarantee to Tgn Funding that such coverage has been placed on vehicle for at least thirty (30) days after Contract date. Tgn Funding agrees that Dealer has no further obligation on insurance past the initial insurance conformation.

Representations and Warranties of Dealer. Regarding each Contract sold to Pronto Financing, and the related Vehicle, Dealer represents and warrants with respect to each Application and/or Contract (RISC) submitted to and/or purchased by NFI hereunder, on a continuing basis, that: a) the Contract represents a bona fide absolute and unconditional sale by Dealer is properly organized, validly existing, authorized to transact business, and in good standing under the laws Buyer of the jurisdiction of the dealer’s organization and each jurisdiction in which it performs or will perform it’s obligations under the dealer agreement; b) Dealer has the power, authority and legal right to execute, deliver and perform all of the requirements of the dealer agreement, and that execution delivery and performance of the dealer agreement has been duly authorized by all necessary action; c) The Contract arose from a bona-fide sale to the Buyer(s) thereundersuch Vehicle, in the ordinary course of the business of the Dealer’s business. Dealer had full power and authority to make such sale , on a time price basis; b) the Contract and the Contract is underlying sale of the only such instrument executed for the motor vehicle described thereinVehicle were completed in compliance with all applicable laws and regulations; dc) Each Buyer has the capacity to enter into the RISC; e) Dealer has verified the identity of each Buyer; f) Dealer obtained permission from each Buyer to forward his or her credit application to NFI and each Buyer granted NFI permission to verify his or her credit, including but not limited to obtaining credit reports from credit reporting agencies; g) Dealer notified the consumer that his/her application would be forwarded to NFI and provided the consumer with NFI’s address; h) No misstatements were made to the buyer(s) regarding the vehicle, finance charge, other terms of the RISC, or otherwise regarding the sale and credit transaction; i) Buyer is the person who will be driving the vehicle and that the vehicle is not being purchased for use by, or on behalf of, another person; j) All statement statements and information contained in the credit application Contract and Contract each other document submitted by Dealer to NFI Pronto Financing are truetrue and accurate; d) the entire down payment described in the Contract was paid by the Buyer at the time and in the manner stated in such Contract; e) the Contract and any Guaranty thereof are genuine, accurate legally valid and completeenforceable in accordance with their terms; f) there is no right of rescission, setoff, counterclaim or defense that exist or has been asserted or threatened with respect to the Contract, nor is there any valid basis for any such claim; g) the Vehicle has been delivered to the Buyer in good condition and has been accepted by the buyer; h) the Vehicle is not a salvage vehicle, reconstructed vehicle, lemon law buyback, or any vehicle as to which adverse notation is required on the certificate of title; i) the Buyer’s obligations under the Contract are secured by a validly perfected first priority security interest in the Vehicle in favor of Pronto Financing, enforceable under state and federal law (including bankruptcy law), and Pronto Financing shall receive a certificate of title naming Pronto Financing as first priority lienholder within 90 days after the date of sale of the Vehicle to Buyer; j) as of the date of the sale of the Contract to Pronto Financing, all representations and warranties made by Dealer to Buyer with respect to the Contract or the underlying Vehicle, are also made by Dealer to Pronto Financing; k) Dealer has complied with all federal, state and local laws and regulations, including but not limited good title to those relating to the licensing of Dealer, the advertisement of the motor vehicle, the making, form and completion of the Contract, the underlying sale of the motor vehicle, the disclosure of the motor vehicle condition, the acquisition and use of consumer credit information; l) Any down payment described in the Contract has been made by the Buyer(s) in cash, check or its equivalent, excluding credit card, that no portion thereof shall have been directly or indirectly advanced by Dealer, and that there is no portion of the down payment that has been deferred by the Dealer which has not been accurately disclosed on the Contract; m) All credits and rebates have been fully disclosed, separately itemized and not included in the down payment; n) If buyer makes payment on the RISC to the dealer, the dealer will forward the payment to NFI; o) The motor vehicle sold to Buyer(s) is not salvaged, is not a “lemon law” buyback, is not designated true mileage unknown, does not have frame damage (actual or possible), and the title to the motor vehicle is in good mechanical condition and is of merchantable quality; p) Vehicle is described accurately in the RISC and other transaction documents, including accurate descriptions of actual options, equipment, mileage and equipment; q) Dealer has not altered the sales price of a motor vehicle based on any of the terms, rates, discounts, or other conditions imposed by, or negotiated with NFI to purchase a Contract, or based on the Dealer’s intent to assign or sell the Contract to NFI; r) All taxes and fees due have been paid; s) Vehicle is insured with full comprehensive and collision coverage with deductibles no higher than $500 and naming NFI as loss payee and an additional insured, and that dealer has verified that the insurance requirement has been satisfied; t) Each instrument will evidence a valid registration of title to, or grant of a first and prior security interest in, the motor vehicle, and will have been timely filed or recorded, if permitted or required by law, as to be effective against all persons to preserve the priority of such lien; u) If the motor vehicle is sold with Add-on Products and Services (defined herein) Dealer will forward payment to the provider of such product or service; v) Dealer has good and marketable title to the motor vehicle and the Contract and property sold thereunder shall be free and clear of all liens, encumbrances, and rights of any third partyparties, and Dealer has full right and a authority to sell, transfer and assign the Contract; wl) RISC transfers all to the best of Dealer’s knowledge, there is no fraudulent scheme, trick or device in connection with the Contract or the sale of the dealer’s rightsVehicle that has the effect of evading any of the foregoing representations or warranties; m) and any service contract, title credit insurance policy or other “finance add” that is sold to the Buyer and interest financed as part of the Contract is refundable at least to the extent required by law. Upon default of the Contract within the term of any such item, the refund obligations set forth in the RISC, as well as the security interest in the vehicle;Schedule “A” shall apply.