AMENDED AND RESTATED TRUST AGREEMENT (Holding Trust) between EXETER AUTOMOBILE RECEIVABLES TRUST 2022-1 Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of January 23, 2022Trust Agreement • February 23rd, 2022 • Exeter Automobile Receivables Trust 2022-1 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of January 23, 2022, between EXETER AUTOMOBILE RECEIVABLES TRUST 2022-1, 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 September 24, 2021 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the “Initial Depositor”) and the Owner Trustee.
CONTRIBUTION AGREEMENT between EXETER HOLDINGS TRUST 2022-1 Transferee and EXETER AUTOMOBILE RECEIVABLES TRUST 2022-1 Transferor Dated as of January 23, 2022Contribution Agreement • February 23rd, 2022 • Exeter Automobile Receivables Trust 2022-1 • Asset-backed securities • New York
THIS CONTRIBUTION AGREEMENT, dated as of January 23, 2022, is executed between Exeter Holdings Trust 2022-1, a Delaware statutory trust, as Transferee (“Transferee”) and Exeter Automobile Receivables Trust 2022-1, a Delaware statutory trust, as Transferor (“Transferor”).
PURCHASE AGREEMENT between EFCAR, LLC Purchaser and EXETER FINANCE LLC Seller Dated as of January 23, 2022Purchase Agreement • February 23rd, 2022 • Exeter Automobile Receivables Trust 2022-1 • Asset-backed securities • New York
THIS PURCHASE AGREEMENT, dated as of January 23, 2022, executed between EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”) and Exeter Finance LLC, a Delaware limited liability company, as Seller (“Seller”).
AMENDED AND RESTATED TRUST AGREEMENT (Issuer) between EFCAR, LLC Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of January 23, 2022Trust Agreement • February 23rd, 2022 • Exeter Automobile Receivables Trust 2022-1 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of January 23, 2022, 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 September 24, 2021, between the Seller and the Owner Trustee.
CUSTODIAN AGREEMENT among EXETER FINANCE LLC, as Custodian, EXETER FINANCE LLC, as Servicer, and CITIBANK, N.A., as Indenture Trustee Dated as of January 23, 2022Custodian Agreement • February 23rd, 2022 • Exeter Automobile Receivables Trust 2022-1 • Asset-backed securities • New York
THIS CUSTODIAN AGREEMENT, dated as of January 23, 2022, is made with respect to the issuance of Notes and Certificates by Exeter Automobile Receivables Trust 2022-1 (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).
SALE AND SERVICING AGREEMENT among EXETER HOLDINGS TRUST 2022-1, Holding Trust, EFCAR, LLC, Seller, EXETER FINANCE LLC, Servicer, EXETER AUTOMOBILE RECEIVABLES TRUST 2022-1, Issuer, and CITIBANK, N.A., Indenture Trustee and Backup Servicer Dated as of...Sale and Servicing Agreement • February 23rd, 2022 • Exeter Automobile Receivables Trust 2022-1 • Asset-backed securities • New York
SALE AND SERVICING AGREEMENT dated as of January 23, 2022, among EXETER HOLDINGS TRUST 2022-1, 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 2022-1, a Delaware statutory trust (“Issuer”), and CITIBANK, N.A., a national banking association, in its capacity as Indenture Trustee and as Backup Servicer.
ASSET REPRESENTATIONS REVIEW AGREEMENT among EXETER AUTOMOBILE RECEIVABLES TRUST 2022-1, Issuer, EXETER FINANCE LLC, Servicer, and CLAYTON FIXED INCOME SERVICES LLC, Asset Representations Reviewer Dated as of January 23, 2022Asset Representations Review Agreement • February 23rd, 2022 • Exeter Automobile Receivables Trust 2022-1 • Asset-backed securities • New York
This ASSET REPRESENTATIONS REVIEW AGREEMENT is made and entered into as of January 23, 2022 (this “Agreement”), among EXETER AUTOMOBILE RECEIVABLES TRUST 2022-1, 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”).
DEPOSIT ACCOUNT CONTROL AGREEMENTDeposit Account Control Agreement • February 23rd, 2022 • Exeter Automobile Receivables Trust 2022-1 • Asset-backed securities • New York
This Deposit Account Control Agreement (the “Agreement”), dated as of the date specified on the page immediately before the initial signature page of this Agreement, is entered into by and among Exeter Automobile Receivables Trust 2022-1, a Delaware statutory trust (“Company”), Exeter Finance LLC, a Delaware limited liability company (“Servicer”), Citibank, N.A., as indenture trustee for the benefit of certain noteholders (in such capacity, “Secured Party”) under an indenture (the “Indenture”) dated as of January 23, 2022, and Wells Fargo Bank, National Association (in such capacity, “Bank”), and sets forth the rights of Secured Party and the obligations of Bank with respect to the deposit accounts of Company at Bank identified at the end of this Agreement as the Collateral Accounts (each hereinafter referred to individually as a “Collateral Account” and collectively as the “Collateral Accounts”). Each account designated as a Collateral Account includes, for purposes of this Agreement,
OMNIBUS AMENDMENT TO TRUST AGREEMENT AND INDENTURE (Exeter Automobile Receivables Trust 2022-1)Trust Agreement • February 13th, 2023 • Exeter Automobile Receivables Trust 2022-1 • Asset-backed securities • New York
This OMNIBUS AMENDMENT, dated as of February 10, 2023 (this “Omnibus Amendment”), constitutes (i) Amendment No. 1 to the Amended and Restated Trust Agreement, dated as of January 23, 2022 (the “Trust Agreement”), between EFCAR, LLC, as depositor (the “Seller”), and WILMINGTON TRUST COMPANY (the “Owner Trustee”) and (ii) Amendment No. 1 to the Indenture, dated as of January 23, 2022 (the “Indenture”), among EXETER AUTOMOBILE RECEIVABLES TRUST 2022-1 (the “Issuer”), EXETER HOLDINGS TRUST 2022-1 (the “Holding Trust”), and CITIBANK, N.A. (the “Indenture Trustee”).
ContractCapital Contribution Agreement • February 13th, 2023 • Exeter Automobile Receivables Trust 2022-1 • Asset-backed securities • New York
THIS CAPITAL CONTRIBUTION AGREEMENT, dated as of February 10, 2023 (this “Agreement”), is executed by and among Exeter Finance LLC, a Delaware limited liability company (“Exeter Finance”), EFCAR, LLC, a Delaware limited liability company (“EFCAR”), Exeter Automobile Receivables Trust 2022-1, a Delaware statutory trust (a “Trust”), Exeter Automobile Receivables Trust 2022-2, a Delaware statutory trust (also, a “Trust”), Exeter Automobile Receivables Trust 2022-3, a Delaware statutory trust (also, a “Trust”), and Exeter Automobile Receivables Trust 2022-4, a Delaware statutory trust (also, a “Trust”).
