AMENDED AND RESTATED TRUST AGREEMENT (Holding Trust) between EXETER AUTOMOBILE RECEIVABLES TRUST 2021-1 Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of December 31, 2020Trust Agreement • February 3rd, 2021 • Exeter Automobile Receivables Trust 2021-1 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 31, 2020, between EXETER AUTOMOBILE RECEIVABLES TRUST 2021-1, 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 November 4, 2020 (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 December 31, 2020Custodian Agreement • February 3rd, 2021 • Exeter Automobile Receivables Trust 2021-1 • Asset-backed securities • New York
THIS CUSTODIAN AGREEMENT, dated as of December 31, 2020, is made with respect to the issuance of Notes and Certificates by Exeter Automobile Receivables Trust 2021-1 (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 2021-1 Transferee and EXETER AUTOMOBILE RECEIVABLES TRUST 2021-1 Transferor Dated as of December 31, 2020Contribution Agreement • February 3rd, 2021 • Exeter Automobile Receivables Trust 2021-1 • Asset-backed securities • New York
THIS CONTRIBUTION AGREEMENT, dated as of December 31, 2020, is executed between Exeter Holdings Trust 2021-1, a Delaware statutory trust, as Transferee (“Transferee”) and Exeter Automobile Receivables Trust 2021-1, a Delaware statutory trust, as Transferor (“Transferor”).
PURCHASE AGREEMENT between EFCAR, LLC Purchaser and EXETER FINANCE LLC Seller Dated as of December 31, 2020Purchase Agreement • February 3rd, 2021 • Exeter Automobile Receivables Trust 2021-1 • Asset-backed securities • New York
THIS PURCHASE AGREEMENT, dated as of December 31, 2020, executed between EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”) and Exeter Finance LLC, a Delaware limited liability company, as Seller (“Seller”).
AGREEMENT among EXETER HOLDINGS TRUST 2021-1, Holding Trust, EFCAR, LLC, Seller, EXETER FINANCE LLC, Servicer, EXETER AUTOMOBILE RECEIVABLES TRUST 2021-1, Issuer, and CITIBANK, N.A., Indenture Trustee and Backup Servicer Dated as of December 31, 2020Sale and Servicing Agreement • February 3rd, 2021 • Exeter Automobile Receivables Trust 2021-1 • Asset-backed securities • New York
SALE AND SERVICING AGREEMENT dated as of December 31, 2020, among EXETER HOLDINGS TRUST 2021-1, 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 2021-1, a Delaware statutory trust (“Issuer”), and CITIBANK, N.A., a national banking association, in its capacity as Indenture Trustee and as Backup Servicer.
DEPOSIT ACCOUNT CONTROL AGREEMENTDeposit Account Control Agreement • February 3rd, 2021 • Exeter Automobile Receivables Trust 2021-1 • 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 2021-1, 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 (the “Indenture”) dated as of December 31, 2020, 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
SALE AGREEMENT among EFCAR, LLC Purchaser EXETER FINANCE LLC Representation Provider and EXETER FLOW INTERMEDIARY TRUST Seller Dated as of December 31, 2020Sale Agreement • February 3rd, 2021 • Exeter Automobile Receivables Trust 2021-1 • Asset-backed securities • New York
THIS SALE AGREEMENT, dated as of December 31, 2020, executed among EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”), Exeter Flow Intermediary Trust, a Delaware statutory trust, as Seller (“Seller”) and Exeter Finance LLC, a Delaware limited liability company, as Representation Provider (“Representation Provider”).
AMENDED AND RESTATED TRUST AGREEMENT (Issuer) between EFCAR, LLC Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of December 31, 2020Trust Agreement • February 3rd, 2021 • Exeter Automobile Receivables Trust 2021-1 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 31, 2020, 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 November 4, 2020, between the Seller and the Owner Trustee.
