FORM OF AMENDED AND RESTATED TRUST AGREEMENT (Holding Trust) between EXETER AUTOMOBILE RECEIVABLES TRUST 2021-3 Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of July 31, 2021Trust Agreement • August 19th, 2021 • Exeter Automobile Receivables Trust 2021-3 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of July 31, 2021, between EXETER AUTOMOBILE RECEIVABLES TRUST 2021-3, 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.
FORM OF CONTRIBUTION AGREEMENT between EXETER HOLDINGS TRUST 2021-3 Transferee and EXETER AUTOMOBILE RECEIVABLES TRUST 2021-3 Transferor Dated as of July 31, 2021Contribution Agreement • August 19th, 2021 • Exeter Automobile Receivables Trust 2021-3 • Asset-backed securities • New York
THIS CONTRIBUTION AGREEMENT, dated as of July 31, 2021, is executed between Exeter Holdings Trust 2021-3, a Delaware statutory trust, as Transferee (“Transferee”) and Exeter Automobile Receivables Trust 2021-3, a Delaware statutory trust, as Transferor (“Transferor”).
EXETER AUTOMOBILE RECEIVABLES TRUST 2021-3 Class A-1 0.10415% Asset Backed Notes Class A-2 0.34% Asset Backed Notes Class A-3 0.35% Asset Backed Notes Class B 0.69% Asset Backed Notes Class C 0.96% Asset Backed Notes Class D 1.55% Asset Backed Notes...Underwriting Agreement • August 19th, 2021 • Exeter Automobile Receivables Trust 2021-3 • Asset-backed securities • New York
FORM OF PURCHASE AGREEMENT between EFCAR, LLC Purchaser and EXETER FINANCE LLC Seller Dated as of July 31, 2021Purchase Agreement • August 19th, 2021 • Exeter Automobile Receivables Trust 2021-3 • Asset-backed securities • New York
THIS PURCHASE AGREEMENT, dated as of July 31, 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”).
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 31, 2021Form of Custodian Agreement • August 19th, 2021 • Exeter Automobile Receivables Trust 2021-3 • Asset-backed securities • New York
THIS CUSTODIAN AGREEMENT, dated as of July 31, 2021, is made with respect to the issuance of Notes and Certificates by Exeter Automobile Receivables Trust 2021-3 (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 SALE AGREEMENT among EFCAR, LLC Purchaser EXETER FINANCE LLC Representation Provider and EXETER FLOW INTERMEDIARY TRUST Seller Dated as of July 31, 2021Sale Agreement • August 19th, 2021 • Exeter Automobile Receivables Trust 2021-3 • Asset-backed securities • New York
THIS SALE AGREEMENT, dated as of July 31, 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”).
ContractDeposit Account Control Agreement • August 19th, 2021 • Exeter Automobile Receivables Trust 2021-3 • Asset-backed securities • New York
FORM OF ASSET REPRESENTATIONS REVIEW AGREEMENT among EXETER AUTOMOBILE RECEIVABLES TRUST 2021-3, Issuer, EXETER FINANCE LLC, Servicer, and CLAYTON FIXED INCOME SERVICES LLC, Asset Representations Reviewer Dated as of July 31, 2021Review Agreement • August 19th, 2021 • Exeter Automobile Receivables Trust 2021-3 • Asset-backed securities • New York
This ASSET REPRESENTATIONS REVIEW AGREEMENT is made and entered into as of July 31, 2021 (this “Agreement”), among EXETER AUTOMOBILE RECEIVABLES TRUST 2021-3, 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 AMENDED AND RESTATED TRUST AGREEMENT (Issuer) between EFCAR, LLC Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of July 31, 2021Trust Agreement • August 19th, 2021 • Exeter Automobile Receivables Trust 2021-3 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of July 31, 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.
FORM OF SALE AND SERVICING AGREEMENT among EXETER HOLDINGS TRUST 2021-3, Holding Trust, EFCAR, LLC, Seller, EXETER FINANCE LLC, Servicer, EXETER AUTOMOBILE RECEIVABLES TRUST 2021-3, Issuer, and CITIBANK, N.A., Indenture Trustee and Backup Servicer...Form of Sale and Servicing Agreement • August 19th, 2021 • Exeter Automobile Receivables Trust 2021-3 • Asset-backed securities • New York
SALE AND SERVICING AGREEMENT dated as of July 31, 2021, among EXETER HOLDINGS TRUST 2021-3, 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 2021-3, a Delaware statutory trust (“Issuer”), and CITIBANK, N.A., a national banking association, in its capacity as Indenture Trustee and as Backup Servicer.
