FORM OF AMENDED AND RESTATED TRUST AGREEMENT (Holding Trust) between EXETER AUTOMOBILE RECEIVABLES TRUST 2024-4 Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of July 8, 2024Trust Agreement • July 25th, 2024 • Exeter Automobile Receivables Trust 2024-4 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of July 8, 2024, between EXETER AUTOMOBILE RECEIVABLES TRUST 2024-4, 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 January 4, 2024 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the “Initial Depositor”) and the Owner Trustee.
FORM OF CUSTODIAN AGREEMENT among EXETER FINANCE LLC, as Custodian, EXETER FINANCE LLC, as Servicer, and CITIBANK, N.A., as Indenture Trustee Dated as of July 8, 2024Custodian Agreement • July 25th, 2024 • Exeter Automobile Receivables Trust 2024-4 • Asset-backed securities • New York
THIS CUSTODIAN AGREEMENT, dated as of July 8, 2024, is made with respect to the issuance of Notes and Certificates by Exeter Automobile Receivables Trust 2024-4 (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).
FORM OF CONTRIBUTION AGREEMENT between EXETER HOLDINGS TRUST 2024-4 Transferee and EXETER AUTOMOBILE RECEIVABLES TRUST 2024-4 Transferor Dated as of July 8, 2024Contribution Agreement • July 25th, 2024 • Exeter Automobile Receivables Trust 2024-4 • Asset-backed securities • New York
THIS CONTRIBUTION AGREEMENT, dated as of July 8, 2024, is executed between Exeter Holdings Trust 2024-4, a Delaware statutory trust, as Transferee (“Transferee”) and Exeter Automobile Receivables Trust 2024-4, a Delaware statutory trust, as Transferor (“Transferor”).
FORM OF PURCHASE AGREEMENT between EFCAR, LLC Purchaser and EXETER FINANCE LLC Seller Dated as of July 8, 2024Purchase Agreement • July 25th, 2024 • Exeter Automobile Receivables Trust 2024-4 • Asset-backed securities • New York
THIS PURCHASE AGREEMENT, dated as of July 8, 2024, executed between EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”) and Exeter Finance LLC, a Delaware limited liability company, as Seller (“Seller”).
FORM OF AMENDED AND RESTATED TRUST AGREEMENT (Issuer) between EFCAR, LLC Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of July 8, 2024Trust Agreement • July 25th, 2024 • Exeter Automobile Receivables Trust 2024-4 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of July 8, 2024, 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 January 4, 2024, between the Seller and the Owner Trustee.
FORM OF SALE AND SERVICING AGREEMENT among EXETER HOLDINGS TRUST 2024-4, Holding Trust, EFCAR, LLC, Seller, EXETER FINANCE LLC, Servicer, EXETER AUTOMOBILE RECEIVABLES TRUST 2024-4, Issuer, and CITIBANK, N.A., Indenture Trustee and Backup Servicer...Sale and Servicing Agreement • July 25th, 2024 • Exeter Automobile Receivables Trust 2024-4 • Asset-backed securities
SALE AND SERVICING AGREEMENT dated as of July 8, 2024, among EXETER HOLDINGS TRUST 2024-4, 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 2024-4, a Delaware statutory trust (“Issuer”), and CITIBANK, N.A., a national banking association, in its capacity as Indenture Trustee and as Backup Servicer.
FORM OF ASSET REPRESENTATIONS REVIEW AGREEMENT among EXETER AUTOMOBILE RECEIVABLES TRUST 2024-4, Issuer, EXETER FINANCE LLC, Servicer, and CLAYTON FIXED INCOME SERVICES LLC, Asset Representations Reviewer Dated as of July 8, 2024Asset Representations Review Agreement • July 25th, 2024 • Exeter Automobile Receivables Trust 2024-4 • Asset-backed securities • New York
This ASSET REPRESENTATIONS REVIEW AGREEMENT is made and entered into as of July 8, 2024 (this “Agreement”), among EXETER AUTOMOBILE RECEIVABLES TRUST 2024-4, 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”).
FORM OF ACCESSION AGREEMENTAccession Agreement • July 25th, 2024 • Exeter Automobile Receivables Trust 2024-4 • Asset-backed securities
This is an Accession Agreement and is being entered into pursuant to the Agreement. Each undersigned Other Party hereby: (i) acknowledges and confirms that it has received a copy of the Agreement, (ii) agrees to be bound by the terms and conditions of the Agreement as if it were an original signatory thereto, (iii) acknowledges that it only has and will only have at any time rights to Remittances in respect of the Receivables that are owned by or pledged at such time to such Other Party pursuant to a Transaction Document under the related Transaction described in (A) below:
