AMENDED AND RESTATED TRUST AGREEMENT (Holding Trust) between EXETER AUTOMOBILE RECEIVABLES TRUST 2022-4 Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of July 17, 2022Trust Agreement • August 10th, 2022 • Exeter Automobile Receivables Trust 2022-4 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of July 17, 2022, between EXETER AUTOMOBILE RECEIVABLES TRUST 2022-4, a Delaware statutory trust, as depositor (the “Seller”), and WILMINGTON TRUST COMPANY, a Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement dated as of March 7, 2022 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the “Initial Depositor”) and the Owner Trustee.
CUSTODIAN AGREEMENT among EXETER FINANCE LLC, as Custodian, EXETER FINANCE LLC, as Servicer, and CITIBANK, N.A., as Indenture Trustee Dated as of July 17, 2022Custodian Agreement • August 10th, 2022 • Exeter Automobile Receivables Trust 2022-4 • Asset-backed securities • New York
THIS CUSTODIAN AGREEMENT, dated as of July 17, 2022, is made with respect to the issuance of Notes and Certificates by Exeter Automobile Receivables Trust 2022-4 (the “Issuer”), and is among EXETER FINANCE LLC, as custodian (in such capacity, the “Custodian”), EXETER FINANCE LLC, as servicer (in such capacity, the “Servicer”), and CITIBANK, N.A., a national banking association, as indenture trustee (in such capacity, the “Indenture Trustee”). Capitalized terms used herein which are not defined herein shall have the meanings set forth in the Sale and Servicing Agreement (as hereinafter defined).
CONTRIBUTION AGREEMENT between EXETER HOLDINGS TRUST 2022-4 Transferee and EXETER AUTOMOBILE RECEIVABLES TRUST 2022-4 Transferor Dated as of July 17, 2022Contribution Agreement • August 10th, 2022 • Exeter Automobile Receivables Trust 2022-4 • Asset-backed securities • New York
THIS CONTRIBUTION AGREEMENT, dated as of July 17, 2022, is executed between Exeter Holdings Trust 2022-4, a Delaware statutory trust, as Transferee (“Transferee”) and Exeter Automobile Receivables Trust 2022-4, a Delaware statutory trust, as Transferor (“Transferor”).
PURCHASE AGREEMENT between EFCAR, LLC Purchaser and EXETER FINANCE LLC Seller Dated as of July 17, 2022Purchase Agreement • August 10th, 2022 • Exeter Automobile Receivables Trust 2022-4 • Asset-backed securities • New York
THIS PURCHASE AGREEMENT, dated as of July 17, 2022, executed between EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”) and Exeter Finance LLC, a Delaware limited liability company, as Seller (“Seller”).
AMENDED AND RESTATED TRUST AGREEMENT (Issuer) between EFCAR, LLC Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of July 17, 2022Trust Agreement • August 10th, 2022 • Exeter Automobile Receivables Trust 2022-4 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of July 17, 2022, between EFCAR, LLC, a Delaware limited liability company, as depositor (the “Seller”), and WILMINGTON TRUST COMPANY, a Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement dated as of March 7, 2022, between the Seller and the Owner Trustee.
SALE AND SERVICING AGREEMENT among EXETER HOLDINGS TRUST 2022-4, Holding Trust, EFCAR, LLC, Seller, EXETER FINANCE LLC, Servicer, EXETER AUTOMOBILE RECEIVABLES TRUST 2022-4, Issuer, and CITIBANK, N.A., Indenture Trustee and Backup Servicer Dated as of...Sale and Servicing Agreement • August 10th, 2022 • Exeter Automobile Receivables Trust 2022-4 • Asset-backed securities • New York
SALE AND SERVICING AGREEMENT dated as of July 17, 2022, among EXETER HOLDINGS TRUST 2022-4, a Delaware statutory trust (the “Holding Trust”), EFCAR, LLC, a Delaware limited liability company (the “Seller”), EXETER FINANCE LLC, a Delaware limited liability company (the “Servicer”), EXETER AUTOMOBILE RECEIVABLES TRUST 2022-4, a Delaware statutory trust (“Issuer”), and CITIBANK, N.A., a national banking association, in its capacity as Indenture Trustee and as Backup Servicer.
ASSET REPRESENTATIONS REVIEW AGREEMENT among EXETER AUTOMOBILE RECEIVABLES TRUST 2022-4, Issuer, EXETER FINANCE LLC, Servicer, and CLAYTON FIXED INCOME SERVICES LLC, Asset Representations Reviewer Dated as of July 17, 2022Asset Representations Review Agreement • August 10th, 2022 • Exeter Automobile Receivables Trust 2022-4 • Asset-backed securities • New York
This ASSET REPRESENTATIONS REVIEW AGREEMENT is made and entered into as of July 17, 2022 (this “Agreement”), among EXETER AUTOMOBILE RECEIVABLES TRUST 2022-4, a Delaware statutory trust (the “Issuer”), EXETER FINANCE LLC, a Delaware limited liability company (“Exeter”), in its capacity as servicer (in such capacity, the “Servicer”), and CLAYTON FIXED INCOME SERVICES LLC, a Delaware limited liability company (the “Asset Representations Reviewer”).
DEPOSIT ACCOUNT CONTROL AGREEMENTDeposit Account Control Agreement • August 10th, 2022 • Exeter Automobile Receivables Trust 2022-4 • Asset-backed securities • New York
This Deposit Account Control Agreement (the “Agreement”), dated as of the date specified on the page immediately before the initial signature page of this Agreement, is entered into by and among Exeter Automobile Receivables Trust 2022-4, a Delaware statutory trust (“Company”), Exeter Finance LLC, a Delaware limited liability company (“Servicer”), Citibank, N.A., as indenture trustee for the benefit of certain noteholders (in such capacity, “Secured Party”) under an indenture dated as of July 17, 2022 (the "Indenture"), and Wells Fargo Bank, National Association (“Bank”), and sets forth the rights of Secured Party and the obligations of Bank with respect to the deposit accounts of Company at Bank identified at the end of this Agreement as the Collateral Accounts (each hereinafter referred to individually as a “Collateral Account” and collectively as the “Collateral Accounts”). Each account designated as a Collateral Account includes, for purposes of this Agreement, and without the nece
OMNIBUS AMENDMENT TO TRUST AGREEMENT AND INDENTURE (Exeter Automobile Receivables Trust 2022-4)Trust Agreement and Indenture Amendment • February 13th, 2023 • Exeter Automobile Receivables Trust 2022-4 • Asset-backed securities • New York
This OMNIBUS AMENDMENT, dated as of February 10, 2023 (this “Omnibus Amendment”), constitutes (i) Amendment No. 1 to the Amended and Restated Trust Agreement, dated as of July 17, 2022 (the “Trust Agreement”), between EFCAR, LLC, as depositor (the “Seller”), and WILMINGTON TRUST COMPANY (the “Owner Trustee”) and (ii) Amendment No. 1 to the Indenture, dated as of July 17, 2022 (the “Indenture”), among EXETER AUTOMOBILE RECEIVABLES TRUST 2022-4 (the “Issuer”), EXETER HOLDINGS TRUST 2022-4 (the “Holding Trust”), and CITIBANK, N.A. (the “Indenture Trustee”).
