EXHIBIT “B”

Case: 1:20-cv-03791 Document #: 1-2 Filed: 06/29/20 Page 1 of 12 PageID #:19
Retail Installment Contract-IL Not for use in transactions secured by a dwelling. RSSIMVLFLZIL 7/1/2017

Bankers Systems®

The Reynolds and Reynolds Company ©2017 Page 1 of 6

IL-102 7/1/2017

RETAIL INSTALLMENT CONTRACT AND SECURITY AGREEMENT

Seller Name and Address Buyer(s) Name(s) and Address(es) Summary

No.

Date

Business, commercial or agricultural purpose Contract.

Annual Percentage Rate

The cost of your credit as a yearly

rate.

%

Finance Charge

The dollar amount the credit will

cost you.

$ 

Amount Financed

The amount of credit provided

to you or on your behalf.

$ 

Payment Schedule. Your payment schedule is:

No. of Payments Amount of Payments When Payments are Due

$ 

$ 

$ 

Security. You are giving us a security interest in the Property purchased.

Late Charge. If all or any portion of a payment is not paid within 10 days of its due date, you will be charged a late charge of 5% of the payment due on installments in excess of

$200.00 or $10.00 on installments of $200.00 or less.

Prepayment. If you pay off this Contract early, you will not have to pay a penalty.

Contract Provisions. You can see the terms of this Contract for any additional information about nonpayment, default, any required repayment before the scheduled date, and

prepayment refunds and penalties.

Year

New

Used

Demo

Make Model Style Vehicle Identification Number Odometer Mileage

Other:

Total of Payments

The amount you will have paid

when you have made all

scheduled payments.

$ 

Total Sale Price

The total cost of your purchase on

credit, including your down

payment of

$ .

$ 

Truth-In-Lending Disclosure

Description of Property

FOR USED VEHICLES ONLY

Illinois law requires that this vehicle will be free of a defect in a power train component for 15 days or 500 miles after delivery,

whichever is earlier, except with regard to particular defects disclosed on the first page of this agreement. “Power train

component” means the engine block, head, all internal engine parts, oil pan and gaskets, water pump, intake manifold,

transmission, and all internal transmission parts, torque converter, drive shaft, universal joints, rear axle and all rear axle

internal parts, and rear wheel bearings. You (the consumer) will have to pay up to $100 for each of the first 2 repairs if the

warranty is violated.

ATTENTION CONSUMER: SIGN HERE ONLY IF THE SELLER HAS TOLD YOU THAT THIS VEHICLE HAS THE

FOLLOWING PROBLEM OR PROBLEMS AND YOU AGREE TO BUY THE VEHICLE ON THOSE TERMS:

ATENCIÓN CONSUMIDOR: FIRME AQUÍ SOLAMENTE SI EL VENDEDOR LE HA DICHO QUE EL VEHÍCULO TIENE

EL/LOS SIGUIENTE(S) PROBLEMA(S) Y USTED ESTÁ DE ACUERDO EN COMPRAR EL VEHÍCULO SEGÚN ESTOS

TÉRMINOS:

1. 2. 3.

X XX

Buyer Signs (Date) Buyer Signs (Date) Buyer Signs (Date)

monthly beginning

lX

carvana.initial cobuyer.initial

CARVANA, LLC Gusti M Roseman 2000386420 63 PIERCE RD 14608 Center Ave 09/23/19 WINDER GA 30680-7280 Harvey IL 60426 400.00 18.93 13,327.59 19,576.25 32,903.84 33,303.84 71 457.00 10/24/19 1 456.84 09/24/25 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 2018 Dodge Journey Sport Utility 3C4PDCAB7JT375618 29222

DocuSign Envelope ID: 04C558B4-EF78-4678-A5B6-73B078A9CB64 THIS IS A COPY

This is a copy view of the Authoritative Copy held

by the designated custodian

COPY VIEW

Case: 1:20-cv-03791 Document #: 1-2 Filed: 06/29/20 Page 2 of 12 PageID #:20
Retail Installment Contract-IL Not for use in transactions secured by a dwelling. RSSIMVLFLZIL 7/1/2017

Bankers Systems®

The Reynolds and Reynolds Company ©2017 Page 2 of 6

Conditional Delivery. If checked, you agree that the following agreement regarding

securing financing ("Agreement") applies: 

. The Agreement is part of this Contract. The

Agreement will no longer control after the assignment is accepted. If there are any

conflicts between the terms of the Agreement and the Contract, the terms of this Contract

will apply.

Description of Trade-In

Conditional Delivery

Sales Agreement

Payment. You promise to pay us the principal amount of

$ plus finance charges accruing on the unpaid

balance at the rate of % per year from the date of this Contract

until maturity. After maturity, or after you default and we demand payment, we will charge

finance charges on the unpaid balance at % per year. You agree to

pay this Contract according to the payment schedule and late charge provisions shown in

the Truth-In-Lending Disclosure. You also agree to pay any additional amounts according to

the terms and conditions of this Contract.

Down Payment. You also agree to pay or apply to the Cash Price, on or before the date of

this Contract, any cash, rebate and net trade-in value described in the Itemization of

Amount Financed.

You agree to make deferred down payments as set forth in your Payment Schedule.

Additional Charge. You agree to pay an additional charge of 

$ that will be paid in cash.

financed over the term of the Contract.

DOCUMENTARY FEE. You agree to pay a documentary fee of

$ .

DOCUMENTARY FEE. A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A

DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO BUYERS

FOR HANDLING DOCUMENTS AND PERFORMING SERVICES RELATED TO CLOSING OF A

SALE. THE BASE DOCUMENTARY FEE BEGINNING JANUARY 1, 2008, WAS $150.00.

THE MAXIMUM AMOUNT THAT MAY BE CHARGED FOR A DOCUMENTARY FEE IS THE

BASE DOCUMENTARY FEE OF $150.00 WHICH SHALL BE SUBJECT TO AN ANNUAL

RATE ADJUSTMENT EQUAL TO THE PERCENTAGE OF CHANGE IN THE BUREAU OF

LABOR STATISTICS CONSUMER PRICE INDEX. THIS NOTICE IS REQUIRED BY LAW.

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a. Price of Vehicle, etc. (incl. sales tax of

$ ) $

b. Service Contract, paid to:

$ 

c. Cash Price (a+b) $ 

d. Trade-in allowance $ 

e. Less: Amount owing, paid to (includes m):

$ 

f. Net trade-in (d–e; if negative, enter $0 here and enter

the amount on line m) $ 

g. Cash payment $ 

h. Manufacturer's rebate $ 

i. Deferred down payment $ 

j. Other down payment (describe)

$ 

k. Down Payment (f+g+h+i+j) $ 

l. Unpaid balance of Cash Price (c–k) $ 

m. Financed trade-in balance (see line f) $ 

n. Paid to public officials, including filing fees $ 

o. Insurance premiums paid to insurance company(ies) $ 

p. Optional ERT Fee Paid to $ 

q. To: $

r. To: $

s. To: $

t. To: $

u. To: $

v. To: $

w. To: $

x. To: $

y. To: $

z. Total Other Charges/Amts Paid (m thru y) $ 

aa. Prepaid Finance Charge $ 

bb. Amount Financed (l+z–aa) $ 

We may retain or receive a portion of any amounts paid to others.

[This area intentionally left blank.]

Itemization of Amount Financed

0.00

0.00

0.00

0.00

0.00

0.00

carvana.initial cobuyer.initial

400.00 18.93 18.93 19,576.25 19,576.25 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1,328.25 17,428.25 N/A N/A N/A N/A Carvana 1,600.00 19,028.25 0.00 N/A 0.00 0.00 400.00 0.00 253.00 18,628.25 Gap Coverage 695.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 253.00

DocuSign Envelope ID: 04C558B4-EF78-4678-A5B6-73B078A9CB64 THIS IS A COPY

This is a copy view of the Authoritative Copy held

by the designated custodian

COPY VIEW

Case: 1:20-cv-03791 Document #: 1-2 Filed: 06/29/20 Page 3 of 12 PageID #:21
Retail Installment Contract-IL Not for use in transactions secured by a dwelling. RSSIMVLFLZIL 7/1/2017

Bankers Systems®

The Reynolds and Reynolds Company ©2017 Page 3 of 6

[This area intentionally left blank.]

Insurance Disclosures

Credit Insurance. Credit life and credit disability (accident and health) are not required to

obtain credit and are not a factor in the credit decision. We will not provide them unless you

sign and agree to pay the additional premium. If you want such insurance, we will obtain it

for you (if you qualify for coverage). We are quoting below only the coverages you have

chosen to purchase.

Credit Life

Single Joint None

Premium $ Term 

Insured 

Credit Disability

Single Joint None

Premium $ Term 

Insured 

Your signature below means you want (only) the insurance coverage(s) quoted above. If

"None" is checked, you have declined the coverage we offered.

Property Insurance. You must insure the Property. You may purchase or provide the

insurance through any insurance company reasonably acceptable to us. The collision

coverage deductible may not exceed $ . If you get

insurance from or through us you will pay $ for

of coverage.

This premium is calculated as follows:

$ Deductible, Collision Cov. $ 

$ Deductible, Comprehensive $

Fire-Theft and Combined Additional Cov. $ 

$ 

Liability insurance coverage for bodily injury and property

damage caused to others is not included in this Contract unless

checked and indicated.

By: Date

By: Date

By: Date

You may buy any of the following voluntary protection plans. They are not required

to obtain credit, are not a factor in the credit decision, and are not a factor in the

terms of the credit or the related sale of the Vehicle. The voluntary protections will

not be provided unless you sign and agree to pay the additional cost.

Your signature below means that you want the described item and that you have received

and reviewed a copy of the contract(s) for the product(s). If no coverage or charge is given

for an item, you have declined any such coverage we offered.

Service Contract

Term

Price $ 

Coverage

Gap Waiver or Gap Coverage

Term

Price $ 

Coverage



Term

Price $ 

Coverage

Definitions. "Contract" refers to this Retail Installment Contract and Security Agreement.

The pronouns "you" and "your" refer to each Buyer signing this Contract, and any

guarantors, jointly and individually. The pronouns "we", "us" and "our" refer to the Seller

and any entity to which it may transfer this Contract. "Vehicle" means each motor vehicle

described in the Description of Property section. "Property" means the Vehicle and all other

property described in the Description of Property and Additional Protections sections.

Purchase of Property. You agree to purchase the Property from Seller, subject to the

terms and conditions of this Contract. You also agree that the purchase of the Property on 

credit takes place at the Seller's licensed location identified at the top of page 1 of this 

Contract.

You have been given the opportunity to purchase the Property and described services for

the Cash Price or the Total Sale Price. The "Total Sale Price" is the total price of the

Property if you buy it over time.

General Terms. The Total Sale Price shown in the Truth-In-Lending Disclosure assumes

that all payments will be made as scheduled. The actual amount you will pay will be more if

you pay late and less if you pay early.

We do not intend to charge or collect, and you do not agree to pay, any finance charge or

fee that is more than the maximum amount permitted for this sale by state or federal law.

If you pay a finance charge or fee that exceeds that maximum amount, we will first apply

the excess amount to reduce the principal balance and, when the principal has been paid in

full, refund any remaining amount to you.

You understand and agree that some payments to third parties as a part of this Contract

may involve money retained by us or paid back to us as commissions or other remuneration.

You agree that the Property will not be used as a dwelling.

Additional Protections

Additional Terms of the Sales Agreement

By: Date

By: Date

By: Date

1,000

months

months

carvana.sign

carvana.initial cobuyer.initial

cobuyer.sign

Gusti M Roseman 09/23/19 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Carvana Vehicle Protection 7248 X

1,600.00 X

695.00 Gap Coverage N/A N/A

DocuSign Envelope ID: 04C558B4-EF78-4678-A5B6-73B078A9CB64 THIS IS A COPY

This is a copy view of the Authoritative Copy held

by the designated custodian

COPY VIEW

Case: 1:20-cv-03791 Document #: 1-2 Filed: 06/29/20 Page 4 of 12 PageID #:22
Retail Installment Contract-IL Not for use in transactions secured by a dwelling. RSSIMVLFLZIL 7/1/2017

Bankers Systems®

The Reynolds and Reynolds Company ©2017 Page 4 of 6

Prepayment. You may prepay this Contract in full or in part at any time without penalty.

Any partial prepayment will not excuse any later scheduled payments. If we get a refund of

any unearned insurance premiums that you paid, you agree that we may subtract the refund

from the amount you owe, unless otherwise provided by law.

Returned Payment Charge. If you make any payment required by this Contract that is

returned or dishonored, you agree to pay a fee of $25.00.

Governing Law and Interpretation. This Contract is governed by the law of Illinois and

applicable federal law and regulations.

If any section or provision of this Contract is not enforceable, the other terms will remain

part of this Contract. You authorize us to correct any clerical error or omissions in this

Contract or in any related document.

Name and Location. Your name and address set forth in this Contract are your exact legal

name and your principal residence. You will provide us with at least 30 days notice before

you change your name or principal residence.

Telephone Monitoring and Calling. You agree that we may from time to time monitor

and record telephone calls made or received by us or our agents regarding your account to

assure the quality of our service. In order for us to service the account or to collect any

amounts you may owe, and subject to applicable law, you agree that we may from time to

time make calls and send text messages to you using prerecorded/artificial voice messages

or through the use of an automatic dialing device at any telephone number you provide to

us in connection with your account, including a mobile telephone number that could result

in charges to you.

Default. You will be in default on this Contract if the following occurs (except as prohibited

by law):

◆ You fail to perform any obligation that you have undertaken in this Contract.

If you default, you agree to pay our fees for repossession, repair, storage and sale of the

Property securing this Contract. You also agree to pay reasonable attorneys' fees incurred

in the collection or enforcement of the Contract. If a judgment is entered against you, you

will pay any court costs the court awards us.

If an event of default occurs as to any of you, we may exercise our remedies against any or

all of you.

Right to Reinstate. If you have paid an amount equal to 30% or more of the Total of

Payments or Total Sale Price at the time of repossession, you may, within 21 days,

reinstate this Contract and redeem (get back) the Property from us by tendering in a lump

sum (a) the total of all unpaid amounts, including any unpaid delinquency or deferral charges

due at the time of reinstatement, without acceleration; (b) performance necessary to cure

any default other than nonpayment of the amounts due; and (c) all reasonable costs and

fees incurred by us in retaking, holding, and preparing the Property for disposition and in

arranging for the sale of the Property. Tender of payment and performance pursuant to this

limited right of reinstatement restores to you your rights under this Contract as though no

default had occurred. However, you have the right to reinstate this Contract and recover

the Property from us only once on this Contract.

Remedies. If you are in default on this Contract, we have all of the remedies provided by

law and this Contract, subject to any right to reinstate that you may exercise as described

in the Right to Reinstate section. Those remedies include:

◆ We may require you to immediately pay us, subject to any refund required by law, the

remaining unpaid balance of the amount financed, finance charges and all other

agreed charges.

◆ We may pay taxes, assessments, or other liens or make repairs to the Property if you

have not done so. We are not required to do so. You will repay us that amount

immediately. That amount will earn finance charges from the date we pay it at the

post-maturity rate described in the Payment section until paid in full.

◆ We may require you to make the Property available to us at a place we designate that

is reasonably convenient to you and us.

◆ We may immediately take possession of the Property by legal process or self-help,

but in doing so we may not breach the peace or unlawfully enter onto your premises.

◆ We may then sell the Property and apply what we receive as provided by law to our

reasonable expenses and then toward what you owe us.

◆ Except when prohibited by law, we may sue you for additional amounts if the

proceeds of a sale do not pay all of the amounts you owe us.

By choosing any one or more of these remedies, we do not give up our right to later use

another remedy. By deciding not to use any remedy, we do not give up our right to consider

the event a default if it happens again.

You agree that if any notice is required to be given to you of an intended sale or transfer of

the Property, notice is reasonable if mailed to your last known address, as reflected in our

records, at least 10 days before the date of the intended sale or transfer (or such other

period of time as is required by law).

You agree that we may take possession of personal property left in or on the Property

securing this Contract and taken into possession as provided above. You may have a right to

recover that property.

If the Property has an electronic tracking device, you agree that we may use the device to

find the Vehicle.

Obligations Independent. Each person who signs this Contract agrees to pay this

Contract according to its terms. This means the following:

◆ You must pay this Contract even if someone else has also signed it.

◆ We may release any co-buyer or guarantor and you will still be obligated to pay this

Contract.

◆ We may release any security and you will still be obligated to pay this Contract.

◆ If we give up any of our rights, it will not affect your duty to pay this Contract.

◆ If we extend new credit or renew this Contract, it will not affect your duty to pay

this Contract.

WARRANTIES SELLER DISCLAIMS

If the vehicle you purchased is a new vehicle, unless the Seller makes a written

warranty, or enters into a service contract within 90 days from the date of this contract,

the Seller makes no warranties, express or implied, on the vehicle, and there will be

no implied warranties of merchantability or fitness for a particular purpose.

If the vehicle you purchased is a used vehicle, unless the Seller makes a written

warranty, or enters into a service contract within 90 days from the date of this contract,

the Seller makes no express warranties on the vehicle, and there will be no implied

warranties of fitness for a particular purpose. The vehicle is subject to an implied

warranty of merchantability, but only to the extent required by Illinois law. The implied

warranty of merchantability expires at midnight of the 15th calendar day after delivery

of the vehicle or until the vehicle is driven 500 miles after delivery, whichever is earlier.

This implied warranty of merchantability does not extend to damage that occurs after

the sale that results from: (1) off-road use; (2) racing; (3) towing; (4) abuse; (5) misuse;

(6) neglect; (7) failure to perform regular maintenance; and (8) failure to maintain

adequate oil, coolant, and other required fluids or lubricants.

The above provisions do not affect any warranties covering the vehicle that the vehicle

manufacturer may provide.

Used Car Buyers Guide

If you are buying a used vehicle: The information you see on the

window form for this vehicle is part of this contract. Information

on the window form overrides any contrary provisions in the

contract of sale.

Sí compra un vehículo usado: La información que ve adherida en la

ventanilla forma parte de éste contrato. La información contenida

en el formulario de la ventanilla prevalece por sobre toda otra

disposición en contrario incluida en el contrato de compraventa.

Security. To secure your payment and performance under the terms of this Contract, you

give us a security interest in the Vehicle, all accessions, attachments, accessories, and

equipment placed in or on the Vehicle and in all other Property. You also assign to us and

give us a security interest in proceeds and premium refunds of any insurance and service

contracts purchased with this Contract.

Duties Toward Property. By giving us a security interest in the Property, you represent

and agree to the following:

◆ You will defend our interests in the Property against claims made by anyone else. You

will keep our claim to the Property ahead of the claim of anyone else. You will not do

anything to change our interest in the Property.

◆ You will keep the Property in your possession and in good condition and repair. You

will use the Property for its intended and lawful purposes.

◆ You agree not to remove the Property from the U.S. without our prior written

consent.

◆ You will not attempt to sell the Property, transfer any rights in the Property, or grant

another lien on the Property without our prior written consent.

◆ You will pay all taxes and assessments on the Property as they become due. 

◆ You will notify us with reasonable promptness of any loss or damage to the Property. 

◆ You will provide us reasonable access to the Property for the purpose of inspection.

Our entry and inspection must be accomplished lawfully, and without breaching the

peace.

Security Agreement

carvana.initial cobuyer.initial

DocuSign Envelope ID: 04C558B4-EF78-4678-A5B6-73B078A9CB64 THIS IS A COPY

This is a copy view of the Authoritative Copy held

by the designated custodian

COPY VIEW

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(This section applies ONLY to a person who will have an ownership interest in the Property

but is NOT a Buyer obligated to pay this Contract ("Third Party Owner").)

In this section only, "you" means only the person signing this section.

By signing below you agree to give us a security interest in the Property described in the

Description of Property section. You also agree to the terms of this Contract except that

you will not be liable for the payments it requires. Your interest in the Property may be used

to satisfy the Buyer's obligation. You agree that we may renew, extend or change this

Contract, or release any party or Property without releasing you from this Contract. We

may take these steps without notice or demand upon you.

You acknowledge receipt of a completed copy of this Contract.

Signature of Third Party Owner (NOT the Buyer)

Note. If the primary use of the Vehicle is non-consumer, this is not a consumer

contract, and the following notice does not apply. NOTICE. ANY HOLDER

OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL

CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT

AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED

PURSUANT HERETO OR WITH THE PROCEEDS HEREOF.

RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED

AMOUNTS PAID BY THE DEBTOR HEREUNDER.

NOTICE OF POSSIBLE REFUND OF CREDIT LIFE OR

DISABILITY INSURANCE PREMIUM. 1. IF YOU HAVE

PURCHASED EITHER CREDIT LIFE OR CREDIT DISABILITY

INSURANCE, OR BOTH, TO GUARANTEE PAYMENTS BEING

MADE IN CASE OF YOUR DEATH OR DISABILITY, ON YOUR

VEHICLE PURCHASED UNDER AN INSTALLMENT SALES

CONTRACT, YOU MAY BE ENTITLED TO A PARTIAL

REFUND OF YOUR PREMIUM IF YOU PAY OFF YOUR

INSTALLMENT LOAN EARLY.

2. IN CASE OF EARLY COMPLETE PAYMENT OF YOUR

LOAN, YOU SHOULD CONTACT THE SELLER OF YOUR

CREDIT LIFE OR CREDIT DISABILITY INSURANCE TO SEE IF

A REFUND IS DUE. IF YOUR VEHICLE DEALER FINANCED

YOUR LOAN, THE SELLER OF YOUR CREDIT LIFE OR CREDIT

DISABILITY INSURANCE IS YOUR VEHICLE DEALER.

Third Party Agreement

By: Date

Agreement to Provide Insurance. You agree to provide property insurance on the

Property protecting against loss and physical damage and subject to a maximum deductible

amount indicated in the Insurance Disclosures section, or as we will otherwise require. You

will name us as loss payee on any such policy. Generally, the loss payee is the one to be

paid the policy benefits in case of loss or damage to the Property. In the event of loss or

damage to the Property, we may require additional security or assurances of payment

before we allow insurance proceeds to be used to repair or replace the Property. You agree

that if the insurance proceeds do not cover the amounts you still owe us, you will pay the

difference. You will keep the insurance in full force and effect until this Contract is paid in

full.

Unless you provide us with evidence of the insurance coverage required by your agreement

with us, we may purchase insurance at your expense to protect our interests in your

collateral. This insurance may, but need not, protect your interests. The coverage that we

purchase may not pay any claim that you make or 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 us with 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 interest and any other charges we may impose in connection

with the placement of the insurance, until the effective date of the cancellation or

expiration of the insurance. The costs of the insurance 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 obtain on your own.

Gap Waiver or Gap Coverage. In the event of theft or damage to the Vehicle that results

in a total loss, there may be a gap between the amount due under the terms of the Contract

and the proceeds of your insurance settlement and deductibles. You are liable for this

difference. You have the option of purchasing Gap Waiver or Gap Coverage to cover the gap

liability, subject to any conditions and exclusions in the Gap Waiver or Gap Coverage

agreements.

Notices

NO PUBLIC LIABILITY

INSURANCE ISSUED WITH THIS

TRANSACTION

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carvana.initial cobuyer.initial

N/A N/A

DocuSign Envelope ID: 04C558B4-EF78-4678-A5B6-73B078A9CB64 THIS IS A COPY

This is a copy view of the Authoritative Copy held

by the designated custodian

COPY VIEW

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Guarantor. A guarantor is a person who may be responsible for paying the entire debt

if we cannot collect the amount owed from the buyer or any co-buyer.

Guarantor Signature:

Address:

I hereby guarantee the collection of the above described amount upon failure of the

seller named herein to collect said amount from the buyer named herein. I also consent

to the creditor having a security interest in the Vehicle.

CO-BUYER. A co-buyer is a person who agrees to be primarily responsible for paying the

entire debt and who (1) actually receives the Vehicle or (2) is a parent or spouse of the

Buyer or (3) will be listed as an owner on the Vehicle's title. By signing below, you confirm

that you will actually receive possession of the Vehicle or will use it or that you are a

parent or spouse of the Buyer or that you will be listed as an owner on the Vehicle's title,

you agree to be primarily obligated under this Contract and you consent to the Seller having

a security interest in the Vehicle.

NOTICE TO THE BUYER. 1. Do not sign this agreement before you

read it or if it contains any blank spaces. 2. You are entitled to

an exact copy of the agreement you sign. 3. Under the law you

have the right, among others, to pay in advance the full amount

due and to obtain under certain conditions a partial refund of the

finance charge.

By signing below, you agree to the terms of this Contract. You

received a copy of this Contract and had a chance to read and

review it before you signed it.

RETAIL INSTALLMENT CONTRACT

Buyer

Seller

By: Date

By: Date

By: Date

By: Date

Date

Assignment. This Contract and Security Agreement is assigned to

,

the Assignee, phone . This assignment is made

under the terms of a separate agreement made between the Seller and Assignee.

This Assignment is made with recourse.

Seller

By: Date

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Acknowledgment for Electronic Signatures

Electronic Signature Acknowledgment. You agree that (i) you viewed and read this

entire Contract before signing it, (ii) you signed this Contract with one or more electronic

signatures, (iii) you intend to enter into this Contract and your electronic signature has the

same effect as your written ink signature, (iv) you received a paper copy of this Contract

after it was signed, and (v) the authoritative copy of this Contract shall reside in a

document management system held by Seller in the ordinary course of business. You

understand that Seller may transfer this Contract to another company in the electronic form

or as a paper version of that electronic form which would then become the authoritative

copy. Seller or that other company may enforce this Contract in the electronic form or as a

paper version of that electronic form. You may enforce the paper version of the Contract

copy that you received.

Entire Agreement. Your and our entire agreement is contained in this Contract. There

are no unwritten agreements regarding this Contract. Any change to this Contract must

be in writing and signed by you and us.

The Annual Percentage Rate may be negotiable with the

Seller. The Seller may assign this Contract and retain its right

to receive a part of the Finance Charge.

Signature Notices

Signatures

By: Date

By: Date

By: Date

X

carvana.sign

carvana.sign

N/A

N/A

N/A

carvana.initial cobuyer.initial

cobuyer.sign

cobuyer.sign

CARVANA, LLC Gusti M Roseman Gusti M Roseman 09/23/19 09/23/19 09/23/19 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

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ARBITRATION AGREEMENT

NOTICE OF ARBITRATION AGREEMENT

We both agree that if we have a dispute, either of us can decide to resolve it by using arbitration. Arbitration is a formal

process for resolving disputes without going to court. If you want to learn more about arbitration, please navigate to the

following links in your browser:

­ http://info.adr.org/consumer­arbitration/ 

­ https://www.jamsadr.com/adr­arbitration

If you wish, you can decide to opt out and reject this arbitration agreement, but to reject this arbitration

agreement you will need to follow the instructions under the heading "Your Right to Reject this Agreement". You will

need to act in the next 30 days or you lose your right to reject this arbitration agreement. It is your choice.

By choosing arbitration, we are both giving up our right to go to court (except small claims court) to resolve our dispute.

In arbitration a neutral person, called an arbitrator, listens to both of us and decides how our dispute is resolved.

Arbitrator decisions are enforceable, just like a court order. Unlike court orders, these decisions are subject to very

limited review by a court. Once a decision is made it is final, except in very limited circumstances.

In arbitration, we both give up our right to a judge or jury, and, as a result, there is no jury trial. However, if either of us

elects to use small claims court to resolve the dispute, the dispute will be resolved in small claims court rather than

arbitration.

If you or we choose arbitration, only our individual claims will be arbitrated. Claims by groups of individuals or “Class”

arbitrations, are not allowed. By choosing to arbitrate, you will be giving up your right to participate in a class action or

a private attorney general action in court or in arbitration with respect to the dispute.

Arbitration rules are generally simpler and more limited than court rules. If you want to learn more about the rules and

how they work, navigate to the following link in your browser:

­ https://www.adr.org/sites/default/files/Consumer_Rules_Web.pdf

­ https://www.jamsadr.com/rules­streamlined­arbitration/

The Arbitration Agreement also explains what the fees and costs for the arbitration will be, and who will pay them.

This is only a summary. As with all legal agreements, please read the entire agreement carefully before you sign.

Unless you opt out of the Arbitration Agreement, it will substantially affect your rights in the event of a

dispute between you and us.

"Us/We/Our" means Carvana, any purchaser, assignee or servicer of the Contract, all of their parent companies, and all subsidiaries,

affiliates, predecessors and successors, and all officers, directors and employees of any of the forgoing. "Us/We/Our" also means any

third party providing any product or service in connection with or incidental to the Contract, the sale of the vehicle and/or other goods or

services covered by the Contract and/or related to the vehicle, if such third party is named as a co­defendant with us in a Claim you

assert. "Us/We/Our" have these meanings only for this Agreement. This Agreement is part of, and is hereby incorporated into, the

Contract. However, whenever in this Agreement the term "Contract" is used, it does not include this Agreement.

"You/Your" means you and/or any of your heirs or personal representatives.

"Contract" means the Retail Purchase Agreement (in Texas, the Buyer's Order) and/or the related Retail Installment Contract and Security

Agreement (in California, Conditional Sales Contract and Security Agreement) you signed with us in connection with this purchase, and

any prior Retail Purchase Agreement (in Texas, Buyer's Order) and/or Retail Installment Contract and Security Agreement (in California,

Conditional Sales Contract and Security Agreement) that you previously had with us.

C100GA (Revised 03/27/2018) Page 1 of 5

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"Agreement" means this Arbitration Agreement.

"Including" and "includes" means "including but not limited to."

This Agreement describes how a Claim may be arbitrated instead of litigated in court.

"Claim" means any claim, dispute our controversy between you and us arising from or related to one or more of the following:

(a) The Contract.

(b) The vehicle or the sale of the vehicle.

(c) The provision or sale of any goods and services like warranties, insurance and extended service contracts covered by the

Contract or related to the vehicle.

(d) The relationships resulting from the Contract.

(e) Advertisements, promotions or oral or written statements related to the Contract.

(f) The financing terms.

(g) Your credit applications.

(h) The origination and servicing of the Contract.

(i) The collection of amounts you owe us.

(j) Any repossession, or replevin, of the vehicle.

(k) Your personal information.

(l) The rescission or termination of the Contract.

"Claim" has the broadest reasonable meaning. It includes claims of every kind of nature. This includes initial claims, counterclaims,

cross­claims, third­party claims, statutory claims, contract claims, negligence and tort claims (including claims of fraud and other

intentional torts). However, notwithstanding any language in this Agreement to the contrary, a "Claim" does not include a dispute about

validity, enforceability, coverage or scope of this Agreement (including, without limitation, the paragraph below captioned "No Class

Actions or Private Attorney General Actions," the final sentence under the paragraph below captioned "Miscellaneous" and/or this

sentence); any such dispute is for a court, and not an arbitrator to decide. This exclusion from the definition of a "Claim" does not apply to

any dispute or argument that concerns the validity or enforceability of the Contract as a whole; any such dispute or argument is for the

arbitrator, not a court, to decide.

Even if you and we elect to litigate a Claim in court, you or we may elect to arbitrate any other Claim, including a new Claim in that lawsuit

or any other lawsuit. Nothing in that litigation waives any rights in this Agreement.

However, notwithstanding any language in this Agreement to the contrary, the term "Claim" does not include (i) any self­help remedy, such

as repossession or sale of any collateral given by you to us as security for repayment of amounts owed by you under the Contract; or (ii)

any individual action in court by one party that is limited to preventing the other party from using such self­help remedy and that does not

involve a request for damages or monetary relief of any kind. Also, we will not require arbitration of any individual Claim you make in small

claims court or your state’s equivalent court, if any. If, however, you or we transfer or appeal the Claim to a different court, we reserve our

right to elect arbitration.

Your Right to Reject this Agreement. You have the right to reject this Agreement, in which event neither you nor we will have

the right to require arbitration of any Claims. Rejection of this Agreement will not affect any other aspect of your Contract. In

order for you to reject this Agreement, we must receive a notice in writing ("Rejection Notice") from you within 30 days of the

day you enter into the Contract, stating that you reject the Agreement. Any notice received after 30 days from the Contract

date will not be accepted. The Rejection Notice must include your name, address and Vehicle Identification Number (VIN).

You may email the notice to arbitrationoptout@carvana.com or you may mail it to us at: Attn: Carvana Legal, 1930 W Rio

Salado Pkwy, Tempe, AZ 85281. Emailed notices must be received by 11:59pm, Arizona time, on the 30th day from the

contract date. If mailed, it must be sent via certified mail, return receipt requested. Upon receipt of your Rejection Notice, we

will refund your postage cost up to $6.70. We will not refund postage cost for late notices. If the Rejection Notice is sent on

your behalf by a third party, such third party must include evidence of his or her authority to submit the Rejection Notice on

your behalf. If you reject this Agreement, that will not constitute a rejection of any prior arbitration between you and us.

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Selection of Arbitration Administrator. Unless prohibited by applicable laws, any Claim shall be resolved, on your election or ours, by

arbitration under this Agreement.

You may select as the administrator either of the organizations listed at the end of this Agreement. If we want to arbitrate, we will tell you in

writing. That may include a motion to compel arbitration that we file in court. You will have 20 (twenty) days to select the administrator (or,

if you dispute our right to require arbitration of the Claim, 20 (twenty) days after that dispute is finally resolved). If you do not choose an

administrator within the 20­day period, we will do so.

If for any reason the administrator is unable, unwilling, or ceases to be the administrator, you will have 20 (twenty) days to choose the

other organization listed at the end of this Agreement. If you do not select a new administrator within that period, we will do so. If neither

organization is willing or able to be the administrator, then the administrator will be selected by the court. Notwithstanding any language in

this Agreement to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any

administrator that has in place a formal or informal policy that is inconsistent with the paragraph below captioned "No Class Action or

Private Attorney General Action."

If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration

with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to commence the arbitration proceeding.

Location of Hearing. Any arbitration hearing you attend shall be in the federal judicial district of your residence.

No Class Action or Private Attorney General Action. Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a

Claim, neither you nor we will have the right to: (1) participate in a class action in court or in arbitration, either as a class representative,

class member or class opponent; (2) act as a private attorney general in court or in arbitration, or (3) join or consolidate your Claim(s)

with claims of any other person, and the arbitrator shall have no authority to conduct any such class, private attorney general or multipleparty proceeding. This paragraph does not apply to any lawsuit filed against us in court by a state or federal government agency even

when such agency is seeking relief on behalf of a class of buyers/borrowers including you. This means that we will not have the right to

compel arbitration of any claim brought by such an agency.

Notice and Cure; Special Payment: Prior to initiating a Claim, you may give us a written Claim Notice describing the basis of your Claim

and the amount you would accept in resolution of the Claim, and a reasonable opportunity, not less than 30 days, to resolve the Claim. If

(i) you submit a Claim Notice in accordance with this Paragraph on your own behalf (and not on behalf of any other party); (ii) you

cooperate with us by promptly providing the information we reasonably request; (iii) we refuse to provide you with the relief you request;

and (iv) the arbitrator subsequently determines that you were entitled to such relief (or greater relief), you will be entitled to a minimum

award of at least $7,500 (not including any arbitration fees and attorneys’ fees and costs to which you will also be entitled).

Fees and Expenses. An arbitration administrator and arbitrator may waive or reduce its fees for financial hardship. If you ask in writing,

we will pay all administrator and arbitrator fees up to $2,500 that the administrator will not waive for any Claims you assert in good faith.

We will consider in good faith your request to pay all or part of any administrator or arbitrator fees over $2,500 ("additional fees"). To the

extent we do not approve your request, if the arbitrator issues an award to you, we will still pay you for additional fees you must pay the

administrator and/or arbitrator as follows:

(1) In the case of additional fees based on the amount of your Claim or the value of the relief you sought, we will pay you an amount

equal to the fees you would have paid if the amount of your Claim or the value of the relief you sought had been the amount or value of

the award to you.

(2) In the case of other additional fees not based on the amount of your Claim or the value of the relief you sought, we will pay you for

the amount of such additional fees.

(3) If we are required to pay any greater sums under applicable law or in order for this Agreement to be enforced, we will pay such

amounts.

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We will bear the administrator and arbitrator fees we are normally required to pay and will also bear the expense of our attorneys, experts

and witnesses, except where applicable law and the Contract allow us to recover attorneys' fees and/or court costs in a collection action

we bring. You will bear the expense of your attorneys, experts and witnesses if we prevail in an arbitration. However, in an arbitration you

commence, we will pay your reasonable fees if you prevail or if we must bear such fees in order for this Agreement to be enforced. Also,

we will bear any fees if applicable law requires us to.

Applicable Law, Award of Arbitrator and Right to Appeal. Because the Contract involves a transaction in interstate commerce, the

Federal Arbitration Act ("FAA") governs this Agreement. The arbitrator shall apply applicable substantive law consistent with the FAA.

The arbitrator shall apply applicable statutes of limitations. The arbitrator is authorized and given the power to award all remedies that

would apply if the action were brought in court. Either party may make a timely request for a brief written explanation of the basis for the

award. The arbitrator shall not apply federal or state rules of civil procedure or evidence.

Judgment on the arbitrator's award may be entered in any court with jurisdiction. Otherwise, the award shall be kept confidential.

The arbitrator's decision is final and binding, except for any right of appeal provided by the FAA. However, if the amount of the Claim

exceeds $50,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party

exceeding $50,000, any party can appeal the award to a three­arbitrator panel administered by the administrator, which panel shall

reconsider any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote.

Reference in this Agreement to "The arbitrator" shall mean the panel of arbitrators if an appeal of the arbitrator's decision has been

taken. The costs of such an appeal will be borne in accordance with the paragraph captioned "Fees and Expenses" above.

Miscellaneous. This Agreement survives payment of all amounts you owe, if any, under the Contract. It also survives your bankruptcy and

any sale by us of your Contract.

If there is a conflict or inconsistency between the administrator’s rules and this Agreement, this Agreement governs. If there is a conflict or

inconsistency between this Agreement and the Contract, this Agreement governs. If a court or arbitrator deems any part of this

Agreement invalid or unenforceable under any law or statute consistent with the FAA, the remaining parts of this Agreement shall be

enforceable despite such invalidity. However, if a court limits or voids any part of the above paragraph captioned "No Class Actions or

Private Attorney General Actions" in any proceeding, then this entire Agreement (except for this sentence) shall be null and void with

respect to such proceeding, subject to the right to appeal such limitation or voiding.

This Agreement (if you do not reject) will supersede any prior arbitration agreement between you and us with respect to any Claim.

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carvana.sign

Customer Signature

cobuyer.sign

Customer Signature

By: 

Authorized Signature

Date:  09/23/19

BY SIGNING BELOW, YOU EXPRESSLY AGREE TO THE ABOVE AGREEMENT. THE

AGREEMENT MAY SUBSTANTIALLY LIMIT YOUR RIGHTS IN THE EVENT OF A

DISPUTE. YOU ALSO ACKNOWLEDGE RECEIVING A COMPLETED COPY OF THIS

AGREEMENT.

ARBITRATION ADMINISTRATORS

If you have a question about the administrator mentioned in this Agreement or if you would like to obtain a copy of their arbitration rules or

fee schedules, you can contact them as follows:

American Arbitration Association (AAA)

13455 Noel Road, Suit 1750

Dallas, TX 75240­6620

www.adr.org

J.A.M.S./Endispute

700 11th Street, NW, Suite 450

Washington, DC 20001

www.jamsADR.com

(800) 352­5267

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