Exeter Automobile Receivables Trust 2021-2 Sample Contracts

SECOND AMENDED AND RESTATED SERVICING AGREEMENT
Servicing Agreement • November 5th, 2021 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities • New York

This SECOND AMENDED AND RESTATED SERVICING AGREEMENT, effective as of October 31, 2021 (including the Exhibit and Annexes attached hereto, this “Agreement”), among Wells Fargo Bank, N.A. (“Wells Bank”) and Wells Fargo Delaware Trust Company, N.A. (“Wells Trust Company,” and together with Wells Bank, the “Sellers” and each, a “Seller”), Computershare Trust Company, N.A. (the “Bank Assets Purchaser”) and, upon execution of the Joinder Agreement, the Delaware Trust Assets Purchaser (together with the Bank Assets Purchaser, the “Purchasers” and each, a “Purchaser”), and Computershare Limited (“Guarantor”) (solely for purposes of Section 9.5).

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EXETER AUTOMOBILE RECEIVABLES TRUST 2021-2 Class A-1 0.12505% Asset Backed Notes Class A-2 0.27% Asset Backed Notes Class A-3 0.30% Asset Backed Notes Class B 0.57% Asset Backed Notes Class C 0.98% Asset Backed Notes Class D 1.40% Asset Backed Notes...
Underwriting Agreement • May 27th, 2021 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities • New York
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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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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”).

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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”).

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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).

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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”).

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Contract
Deposit Account Control Agreement • May 27th, 2021 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities • New York
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Contract
Control Agreement • June 2nd, 2021 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities • New York
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AMENDMENT NO. 1 TO AMENDED AND RESTATED TRUST AGREEMENT Exeter Automobile Receivables Trust 2021-2
Trust Agreement • January 25th, 2022 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities • Delaware

THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED TRUST AGREEMENT, dated as of January 19, 2022 (this “Amendment”), between EFCAR, LLC, a Delaware limited liability company, as depositor (in such capacity, the “Depositor”), and WILMINGTON TRUST COMPANY, a Delaware trust company, as owner trustee (the “Owner Trustee”).

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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.

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AMENDMENT NO. 2 TO AMENDED AND RESTATED TRUST AGREEMENT Exeter Automobile Receivables Trust 2021-2
Trust Agreement • February 6th, 2024 • Exeter Automobile Receivables Trust 2021-2 • Asset-backed securities

THIS AMENDMENT NO. 2 TO AMENDED AND RESTATED TRUST AGREEMENT, dated as of February 1, 2024 (this “Amendment”), between EFCAR, LLC, a Delaware limited liability company, as depositor (in such capacity, the “Depositor”), and WILMINGTON TRUST COMPANY, a Delaware trust company, as owner trustee (the “Owner Trustee”).

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FORM OF 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...
Sale and Servicing Agreement • May 27th, 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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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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