0000929638-21-000793 Sample Contracts

AMENDED AND RESTATED TRUST AGREEMENT (Holding Trust) between EXETER AUTOMOBILE RECEIVABLES TRUST 2021-2 Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of April 30, 2021
Trust Agreement • June 2nd, 2021 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities • Delaware

This AMENDED AND RESTATED TRUST AGREEMENT, dated as of April 30, 2021, between EXETER AUTOMOBILE RECEIVABLES TRUST 2021-2, 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 February 1, 2021 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the “Initial Depositor”) and the Owner Trustee.

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CUSTODIAN AGREEMENT among EXETER FINANCE LLC, as Custodian, EXETER FINANCE LLC, as Servicer, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Indenture Trustee Dated as of April 30, 2021
Custodian Agreement • June 2nd, 2021 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities • New York

THIS CUSTODIAN AGREEMENT, dated as of April 30, 2021, is made with respect to the issuance of Notes and Certificates by Exeter Automobile Receivables Trust 2021-2 (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 WELLS FARGO BANK, NATIONAL ASSOCIATION, 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 2021-2 Transferee and EXETER AUTOMOBILE RECEIVABLES TRUST 2021-2 Transferor Dated as of April 30, 2021
Contribution Agreement • June 2nd, 2021 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities • New York

THIS CONTRIBUTION AGREEMENT, dated as of April 30, 2021, is executed between Exeter Holdings Trust 2021-2, a Delaware statutory trust, as Transferee (“Transferee”) and Exeter Automobile Receivables Trust 2021-2, a Delaware statutory trust, as Transferor (“Transferor”).

PURCHASE AGREEMENT between EFCAR, LLC Purchaser and EXETER FINANCE LLC Seller Dated as of April 30, 2021
Purchase Agreement • June 2nd, 2021 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities • New York

THIS PURCHASE AGREEMENT, dated as of April 30, 2021, executed between EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”) and Exeter Finance LLC, a Delaware limited liability company, as Seller (“Seller”).

Contract
Deposit Account Control Agreement • June 2nd, 2021 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities • New York
SALE AGREEMENT among EFCAR, LLC Purchaser EXETER FINANCE LLC Representation Provider and EXETER FLOW INTERMEDIARY TRUST Seller Dated as of April 30, 2021
Sale Agreement • June 2nd, 2021 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities • New York

THIS SALE AGREEMENT, dated as of April 30, 2021, 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 April 30, 2021
Trust Agreement • June 2nd, 2021 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities • Delaware

This AMENDED AND RESTATED TRUST AGREEMENT, dated as of April 30, 2021, 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 February 1, 2021, between the Seller and the Owner Trustee.

SALE AND SERVICING AGREEMENT among EXETER HOLDINGS TRUST 2021-2, Holding Trust, EFCAR, LLC, Seller, EXETER FINANCE LLC, Servicer, EXETER AUTOMOBILE RECEIVABLES TRUST 2021-2, Issuer, and WELLS FARGO BANK, NATIONAL ASSOCIATION, Indenture Trustee and...
Sale and Servicing Agreement • June 2nd, 2021 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities • New York

SALE AND SERVICING AGREEMENT dated as of April 30, 2021, among EXETER HOLDINGS TRUST 2021-2, 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 2021-2, a Delaware statutory trust (“Issuer”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as Indenture Trustee and as Backup Servicer.

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