IN THE CIRCUIT COURT OF COUNTY OF ST. LOUIS STATE OF MISSOURI MIDWEST ACCEPTANCE CORP. Plaintiff, Case No. vs. Div. No. 38 (Wednesday) ROSALYN TURNER CANNON St. Louis, MO 63136 . Defendant. NOV 5 2013 JOAN M. PETITION ON CONTRACT CIRCUIT CLERK. 879%ggouuw 1. That on or about December 6, 2003 Defendant executed and delivered to Vogue Motor Co., payee thereon, for value received, a written contract, in and payable in the State of Missouri, wherein Defendant promised to pay to the order of payee the sum of $8,738.41 plus interest from December 6, 2003 at the highest lawful rate per annum and reasonable attorney?s fee, not to exceed 15%, if to an attorney for collection; that a veri?ed copy of said contract is attached hereto, marked Exhibit 1, and made a part hereof by reference. 2. That payee, or payee?s endorsees, for value, endorsed, assigned and delivered said contract to Plaintiff, who is the owner and holder of said contract; that there is a default thereon by virtue of non- payment of amounts when and as required in said contract. 3. That Plaintiff states there presently is a balance due and owing Plaintiff from Defendant on said contract in the amount of 6,503.29 plus interest as provided therein from October 18, 0206, (original balance, $8,738.41; less: net credits to principal, $2,187.46 interest and insurance rebates $301.72; sale of repo, $3,200.00 plus repo costs, $975.50 and unpaid interest/LC through date of sale, 4. That said balance has been demanded from Defendant and payment has not been made and said contract has been placed in the hands of an attorney for collection. 5. That any repossession and subsequent sale of security herein was done in compliance with applicable state of federal laws including providing all notices to cure, notice of sale and demand for any deficiency balance. (Detailed facts/allegations are set out in Exhibit which is attached hereto and made a part hereof). WHEREFORE, Plaintiff prays judgment against Defendant in the amount of $6,503.29, balance due on said contract, plus interest from October 18, 0206 and attorney?s fee as provided therein and its costs, judgment to bear interest at contract rate VAN and D, P.C. #13-1220 MES L. DILLEN #22232 #89916 ttomey for plaintiff 1420 Strassner Drive St. Louis, MO 63144 This is an attempt to collect a debt and any (314) 962-1 15; Fax (314) 962-23 79 information obtained will be used for that purpose. The statements in the foregoing petition and note are true according to af?ant?s best knowledge, information and belief. Subscri?bed?and sworn to before me this of 20 . m? Notary Public THER HEA Fungi WW $831 is commissioned for 81. Lou $16 My Commission 3933131; 12397340 .. WAWW gm masons: mucus 9mm. comer NO. I JACKSON 4 VOGUE ma co 3205 RU 4gsa GRAVOIS buy 161N352J415240900 mime-m: madman 5/3 Mommas mm; mm HEMIZATIONOFAWFINANCED (1) .. 9345 99 DownFW Cashum . . . . . . . . . . . . . . . . . . . 1890 on Trade-hmmw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W'3M3) (4) a) .. .. Tomme .. Emma . . . . . . . . . . . . . . . 1220 Total . . . . . . . . . . . . . . . . . (4) (5) warmest-71:548253 4: WW mm TablaIPuymmu TGUSIIOW PERCENTAGE CHARGE 1119 hm Tremble?! dyeurpur- RATE meouorm m&m mmdma??ua mummy? I a. is mm 4 1356'? ?.00 1? 5 4611.44 8768.41 3 13379.85 3 . Rum-we mm,? m; 1' .th'f? 3mg . ?i?fgm??jy?w?u 39; 33 -. Em'b?m Baum'?hs?nm?' Amount INSURANCE YOU ARE LIABILITY IRSURANGE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS I8 NOT INCLUDED TmWMot. Dmuumay Term Mos. WSW of ma routes! win be owed by credit Youmdetstam In: If -r Iifmmdifm I .. In A We realm to me Webma?ou a w- Assignment: If no other I: namd In a separate dugan attached to contract, tho assigns It to Midwest db" Wm"! ngm? thebaakomss contract 9522.45 a w. 1, .13 5 Nb: Lu?! .LBY Tmwhich 7-2003 ORIGINM EXHIBIT OTHER IMPORTANT AGREEMENTS General Terms. You have been given the opportunity to purchase the vehicle and described services for the Cash Sale Price or the Total Sale Price. The Total Sale Price is the total price of the vehicle and any services it you buy them over time. The Total Sale Price shown assumes that all payments will be made as scheduled; The actual amount you will pay may be more or less depending on,your~,poymont: record. Finance charges accrue on a 365 day basis. You understand and agroe that some payments to third parties as part of this contract may involve money retained by us or paid back to us as commissions or other remuneration. Ownership and Risk of Loss. You agree to pay the Creditor all you owe under this contract even it the vehicle is damaged. destroyed, or missing. You agree not to sell, transtor, or remove the vehicle from the United Slates without tho Creditor?s written permission. You agree not to expose the vehicle to misuse or confiscation. You will make sure the Creditor?s security interest (lien) on the vehicle is shown on the title. if, theCredltor pays any repair bills, storage bills, lines, or other?riharges on the vehicle. you agree to repay'the amount when the Creditor asks for it. Security intercom You are giving the Creditor a security interest in the vehicle being purchased plus the additional security, it any, and any aoCessories. equipment and replacement parts installed in the vonlclols). The socuzity inter- ost also covers insurance premiums and charges for service contracts returned to the Creditor (2) proceeds of any insurance policies or service con- tract on the vehicle and (3) procoods of any insurance policies on your life or health which are ?nanced in into contract. This secures payment of all amounts you owe in this contract and in? any transfer, renewal, extension or egroemont of this contract: it also secures your other agreements in this contract. Prepayment Refund. You may prepay this contract in full or in part at any time. Any partial prepayment will not excuse any later scheduled pay- ments until you pay in full. if the Cash Sale Price is $7500 or less, you will pay a minimum ?nance charge at $25.00 if you pay this contract in full before we have earned that much in finance charges. if the Cash Sale Price is over W500, the minimum finance charge will b45131 00.00. Any ro?lund due on unearned insurance premiums will be figured by the Rule of 7'8th?s a method commonly used to figure refunds on installment con? tracts. There will be no refund paid to you if it is less than $1.00. Required Physical Damage insurance. You agree to havegoh'ysical damage insurai?ice covering loss or damage to the vehicle and the 3:3th lional security, if any, for the term?of this contract. Unless you provide evidence of the insurance coverage required by your agreement with us, we may purchase insurance at your expanse to rvotect our interests in your collateral, This insurance may, but need not, protect your interests. The coveragclhatlwe purchase may not pay any claim that you maltejor any claim that is made against you in connection with the collateral. You may later cancel any insurance purchased by us but only after providing evidence that you have obtained insurance as required by our agreement. if we purchase insurance for the collateral, you will be responsible for the costs of that insurance, including the insurance pre? mium, interest at the contract rate and any other charges we may imposa in Connection with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of tho insur- ance may be added to your total outstanding balance or obligation. The costs of the insurance may be more than the cost of insurance you may be able to obtainon your own. You agroo to pay the charge in equal installments along with the payments shown on lhepaymem schedule. . it the vehicle is? lost or damaged. you agree that the Creditor can use any insurance settlement either to repair the vehicle or to apply to your debt. Late charge. You will pay a late charge on each payment received by the Creditor moro than 10 days late if the Cash Sale Price is over $7500 or more than is days talc it the Cash Sale Price is 57500 or less. You must also pay any cost paid by the Creditor to collect any late payment. Acceptance of a late payment or late charge does not excuse your late payment or mean that you can keep making payments after they are due. The Creditor may also take the steps set forth below it there is any late payment. if you fail to pay the full balame by the day the final payment is due. you may be charged interest and late charges (an the remaining bal- ance at the rate contracted for until the balance is paid in full. Deterth charge. in the event that any one or'more installments are clue and unpaid, the Creditor, at it's option, may extend all remaining instail- . merits one or more lull months and charge and collect therefore additioni at interest at the Agreed Rate of Chaos; provided that such additional in? terest shall not exceed the amount which would be allowed by law for. tho period of the delinquency or extension if this Note had provided for the payment of interest on unpaid principal balances. Optional insurance or Service Contracts.? Thiscontract may contain charges for Optional insurance or' service contracts. it the vehicle. is repossessed, you agree that the Creditor may claim benefits under these contracts and terminate them to obtain refunds for unearned charges. insurance or Service Contract Charges Returned to Croatian; ll any charge for required insurance is returned to the Craiitnr, it my be credited i951}: Al? ?f i 3?34 (IF Ti 3332? 515538? AGAINST THE S?iit?l?i I: . RECOVERY HEREUNGER BY THE HECTOR 55f WL MG l~ EXCEED rtt'li?lt?f?vtli?ii {:55 d?i? HE illuf'i'l?lli to your account or used to buy similar insurance or insurance which covers only the Creditor's interact in the vehicle. Any refund on optional 7i:s_15pnce or service contracts obtained by the Creditor will be crodilccl to. your account. Credits to your account will include both the amounts received by the Creditor and the unearned Finance Charge. (in-those; amounts. These credits will be applied to as many of your lnstaltmonts as they will cover, beginning with the ?nal installment. You?yvill be notified?ol what is done. Required Repayment in Full Belem me?acheduiad Date. if you rail to pay any payments according to the payment schedule or if you break any or the agreements in this contract (default), the Creditor can demand that you immediately pay us, alibiect to any refund required by law, the remaining unpaid balance of the amount lihanced, finance chaigos and all other agreed charges. Repossession of the Vehicle for Failure to Pay. Repossession means that, if you fail to pay according to the payment schedule or if you break any of the agreements in this'cdnuoct (default), the Creditor can lotto the vehicle and any additional security from you. To take the vehiclois) the. Creditor can enter your property, or the property where ii: is stored, so long as it is done peacelully. if there is any personal property in the vehi? clels), such as clothing. the Creditor can store it for you. Any accessories. equipment, or replacement parts will main with the vehicle(3). Getting the Vehicle Back Ail-tor Repossossion. it the Creditor repos- oosses the vehiClo you have the right to get it back (redeem) by paying the entire amount you owe on the contract (not lust past due payments] plus any late charges, the cost of taking and. storing the vehicle and other expenses that the Seller or the Creditor has had. in figuring the entire amount you owe on the contract, the Creditor Will include any refund required by law, the unpaid balance or the amount financed, finance charges, and all other agreed charges. Your right to redeem will end whon the vehicle is. sold. ,7 Sale of the iteposcoosod Vehicle. The Creditor will you a erll'iln notice of sale at least ten days Deidre selling the vehicle. it you do not rode-em the vehicle by the date on the notice, the Creditor can sell it. The Creditor will use the net prooecds oi the sale to pay all or part at your debt. . The net proceeds of unto will he figured this way; Any late charges and any charges for taking and storing the vehicle. cleaning and advonicing, etc, and any attorney fees and court costs will be subtracted from the selling price. ll you owe the Creditor less than the net proceeds of sale, the Creditor will pay you the (lilforenco, unless required to pay it to someone else. For example, the Creditor may be required to pay a lender who has givon on a loan and also taken a cecuri interest in the vehicle. . if if you owe more than the net proceeds of sale, you will pay the Creditor the dillerence bemoan the net proceeds of sale and what you owo wired the Creditor asks for it. if you do not pay this amount when asked, you may also be chargod interest at the highest lawful-rate until you do pay all you owe to this Creditor. Collection Costa. ll the Creditor hires an attorney to collect what you owe, ., you will pay the attorncy's reasonable tee and any court costs. The attorney's fee will not exceed 15% of the mount that you owe. Bad Check Foe. You agroe to pay the actual charge made by a ?nancial institution for any check or similar instrument with which you make a pay? ment on this debt which la returned or dishonored by the financial institu- tion on which it is drawn, as well aria $20.00 handling fee for each such refused 7 Delay in Enforcing Righto and Charges of this Comm. The Creditor can delay or refrain from enforcing any. of its rights under this contract Without losing them. For example, the creditor can extend the time for making some payments without extending others. Any change in terms of this contract must be in writing and signed by the Creditor. No oral changes are binding. it any part of this contract is not. valid, all outer parts - will remain enforceable. Warranties Seller Disclaimers. You understand that?tha Seller is not offering any. warranties and that there are no implied warranties oi merchantability, of ?tness for a parIiCular purpose, or any other war? ranties, e?xpress or implied by the'Selfor, covaring tho vehiclo unless the Seller extends a written or service contact within 90 days from e'tho data 01? this contract. An implied warranty of merchantability generally Means that the vehicle is lit for the ordinary purmeo for which such vehicles are generally used. A warranty of fitness im a particular purpose is a warranty that may arise when the Seller has reason to know the particular purposri for which you requlro'the vehicle and you rely on the Seller's skill or judgth to furnish a suitable vahiclo. This provision does net effect any warranties covering the vehicle which may bra-provided by the vehicle manufacturer. 'i "Mil i?illa?lt?ilj?tl?ll? MESH '0 The propelling NOTICE applies only to goods or services obtained primarily for personal, family; or household use. in all other mew, Buyer will not assert against any subserpicnt liolrler'or assignee of this contract any claim; or or whatnot the manufacturer of tire vehicle or equipment obtained under this contrac? if no other assigned is named. in a separate assignment attached to this contract, the Seller assigns it to Midwest Acceptance Corporation with moourse under the terms of the "Seller?s Assignment? below, i situation the Buyer (debtor) muy have '21 to Seller, mined in a separate or?; attached to this contract, tho Sailor assigns it to Midwest Corporation with limited rocoumu under the torn lS?Of below. Seller By (if Corp. or Partnership) (litlo) Seller By (If Corp. or Partnership) (Title) Seller sells and assigns to Midwest Acceptance Corporation (MAC) all of its right, title and interest in this. contract. Seller warrants and re osonts, (1) The contract arose from the sale of the property desert on the face of the contract; (2) Seller had title to the property at the time of sale tree of any liens; (3) All disclosures re~ quired the law were pro erly made to the Buyer prior to the Buyer signing 9 contract; (4) All insurance documentation will be delivered to the Buyer within the time requirod by law; To the best of Seller?s knowledge, the Customer's Statement is accura e; The down payment received by Seller is exactly as stated; The contract is enforceable; (6) This contract is signed by the debtor and (9) Seller is licensed as required by la Each of these warranties and representations is material to aboap- unconditionally promises to accept reass?gnment of this contract and to . demo . the full amount the unpaid balance under this contract. Seller also agrees to indemnify MAC tothel?ull extent of all losses or expenses incurred by MAC as a result of such breach or error. Seller agrees to indemnify MAC-for any iudlcial seto? or loss suffered as a result of a claim or defense of Buyor against Seller. if this contract is rescinded by court order Sollorlsihall pay MAC the full amount MAC paid to purchase it. s) by whom they purportl?to be; w. - f.co~mr.crs ASSIGNED wanton-r RECOURSE on munch tance of this contract. if any of them is broachedlor is erroneous. Seller, .z 7,,Satler un?ll?l?gt?u in the payment of Seller shall be liable even if a waiver, Compromise, settloment or variation of terms of the contract releases the Buyer. Seller waives notice of acceptance of this guarantee and notices of non- payment and CONTRACTS ASSIGNED RECOUHSE if this contract is assigned with recourse, inuaddltion to?tbo foregoing guarantees, indemnities and obligations Seller unconditionally guar? antees payment ondomapd of the'urgkpid balance on this contract and all losses and dxpe?nses inourrodby MA 'i in he oveitt'ol a default in payment of any installment. ll thia contract is assigned without rocou'rs'oor with limited recourse, such ass nmont is without?recourse to the Seller except in the circumstances set above and in and to the extent that an amount is stated in the following paragraph out till? la eglw?wa" ?31m in pay. upon demand by MAC. ?0 a. Co 7: we. Detailed allegations/facts of de?ciency: Dates of statutory notices: 1. Notice to Cure Letter: March 28, 2005 Letter mailed to Defendant{s} at last known address notifying of default in payment and date by which payment needs to be made to avoid acceleration of account. 2. 2nd Notice to Cure Letter (if necessary): April 14, 2005 Letter mailed to Defendant{s} at last known address notifying of default in payment and date by which payment needs to be made to avoid acceleration of account; sent gnly if ?rst default was cured . 3. Notice of Sale: November 2, 2005 Letter mailed to Defendant{s} at last known address notifying of date after which collateral will be sold at private sale and of right to redeem collateral before sale. 4. Demand for De?ciency: February 28, 2006 Letter mailed to Defendant{s} at last known address notifying of results of disposition of collateral setting out details including all charges and credits and demanding payment of de?ciency balance, if any, to avoid institution of suit. Details of ?gures contained in Paragraph 3, Page 1 of Petition on Contract herein. Midwesti?oceptance Corp: SQQB Hamoton ?ve. St. Louis, MO 631%? Phone 351~85?? KEVIN RE: Midwest Receptance Corn. 422? BERG Hampton ?ve. ST LGUIS MO St. Louis, MD. 531%? Phone: (314} 351*853? TURNER 4229 Root. No. 89918 ST LDUIS MG 6311? Rotomobile Loan I.) $31..33 is the RMOUNT NDH DUE 3 APR 1 8 2095 LQST DQY FDR povmamr. You are late in making your payment(s). If you pay the QMBUNT NUN DUE (above) by the LRST DQY FUR QQYMENT (above), you may continue with the contwact as though you were not latethat data, we may exercise our rights under the law. If you voluntarily surrender possession of the following specified collateral, you could still owe additional money after the money received from the Sale of the collateral is deductod from the total amount you owe.' @i CHEVY MQLIBU Midwest Receptance Cowp. P.S. If you are not carrying car insurance, please obtain comprehensive and collision coverage. This coverage haa to be in Force until the loan is paid. QE ?2 Midget-mt ?cceptance Carp, SQQE ?ve? St. Louis, MD 331%? 'Dhgne (314) KEVIN RE: Midweat ?cceptance Corp. 4389 SHENQNDUQH #3 53am Hampton ?ue. - ST LBUIE MD 6311?~35i3 St. Lauis, Fhmne: i314) aai?asma TURNER 7 . #339 ?cct. No. ST LGUIS MB 6311@ Qutamabiie?LOa? $334166 15 the QMQUMT HQN EUE MAY 0 4 2005 LQST DEV FDR PQYMENT. Yam are late in making yaur payment(5}. If yam pay the QMGUNT N?w DUE (abave) by the LRQT FDR {abeve35 you may cantinqe with the contract as thnugh yam wera mat 1atethat date, we may exercise auw'rights under the law. If yam valuntarily surrender passessimn of th& follawing specifiad callatewal, you could Still awn additicnal maney aftar the maney recaived the sale 0f the cullateral is deducted frum the total amuunt yam ewe. Q1 CHEVY MQLIEU In case of further default, yam will have no right ta cure this account. Midwest Receptanca Earp. P.S. If yam are mat carrying Gav insurance, please abtain comprehensive and callision caverage. This covevage hag ta be in force until lean i5 paid. I EXHIBIT L435 39916 1" 13-1220 For File Stamp Only IN THE CIRCUIT COURT OF COUNTY OF ST. LOUIS I STATE OF MISSOURI DE JOAN . Gil. slaw" moms: _l MIDWEST ACCEPTANCE CORP. 5; 1313:2013 Vs. P?ain??- Case Number. 135L4035627 ROSALYN TURNER CANNON Division No: 33 Defendantijs). I DEFAULT JUDGMENT appearf s) in person andfor by attorney. The Defendant( s) although called three times appearts'} not. The court ?nds the Defendantls) in default. This cause now being submitted to the court upon the pleadings and evidence. and the court being fully advised in the premises ?nds the Plaintifft's) entitled to a default judgment. WEREFORE. it is ORDERED. ADMDGED and DECREED that the Plaintif?sj have and recover from the Defendan?s) as follows: 56,503.29 285.16 $975.49 $11,763.94 is This is an attempt to colle ta or and any information obtained wilt he used for that purpose. Attorneys fees Total plus court costs and special process server fees. to bear contract interest. ?Tl'mttO the anthems knowledge and belief the Defendantm (are) and manna Detention loved In civilian life en . TRICIA A. FLOOD ?27693 ATTORNEYS AT LAW 1423 STRASSNER ST. LOUIS. MO. 63144 (314)962-1115: FAX (314)962-2379 5! and?te?wt-pcmm; Winn-pdoom Sworn to before me on Deputy Clerkfl?totary Public Case 13SL-AC35627 File #2 13-1220 AFFIDAVIT State of Missouri City of St. Louis ss. Raymond Brewer, being duly sworn, deposes and says: That he/ she is the agent of Midwest Acceptance Corporation, a Missouri Corporation, and that he/she is duly authorized to make this af?davit; that the annexed Statement of Account is taken from the original books of entry of the Corporation and that upon information and belief the principal balance of $6 503.29 plus accrued interest of $4,285.16 calculated from 2/22/2006 through 12/18/2013 at an annual percentage rate of 24% and attomey?s fees of $975.49 shown due is correct; that the total amount of the Judgment taken is $11 763.94: that the said balance with interest thereon is justly due and owing Midwest Acceptance Corporation from Rosalyn L. Turner; that no payments have been made thereon, and that there are no offsets or counterclaims against the same to the best of deponent?s knowledge and belief. The defendants named therein are not in the military service. Dated at St. Louis County, Missouri, this 10th day of December, 20E. Midwest Acce tance Corp By: A14/cr? ,y Subscribed and sworn to before me this WDecember, 20$. 4 12,21 Mk Nor {$935385 A. coums I NOTARY SEAL STATE OF MISSOURI My Comm1s31on Expires 10/26/2017 ST LOUIS CITY COMMISSION #1344953? MY COMMISSION EXPIRES: 10/26/2017