AMENDED AND RESTATED TRUST AGREEMENT between EFCAR, LLC Seller and [OWNER TRUSTEE] Owner Trustee Dated as of , 20Trust Agreement • December 2nd, 2016 • Efcar, LLC • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of , 20 between EFCAR, LLC, a Delaware limited liability company, as depositor (the “Seller”), and [OWNER TRUSTEE], a [entity type], as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of , 20 between the Seller and the Owner Trustee.
CUSTODIAN AGREEMENT among [CUSTODIAN], as Custodian, EXETER FINANCE CORP., as Servicer, and [INDENTURE TRUSTEE], as Indenture Trustee Dated as of , 20Custodian Agreement • December 2nd, 2016 • Efcar, LLC • Asset-backed securities • New York
THIS CUSTODIAN AGREEMENT, dated as of , 20 , is made with respect to the issuance of Notes and a Certificate by Exeter Automobile Receivables Trust 20 - (the “Issuer”), and is among [CUSTODIAN], as custodian (in such capacity, the “Custodian”), EXETER FINANCE CORP., as servicer (in such capacity, the “Servicer”), and [INDENTURE TRUSTEE], a , 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).
DEPOSIT ACCOUNT CONTROL AGREEMENT (Access Restricted Immediately)Deposit Account Control Agreement • December 2nd, 2016 • Efcar, LLC • Asset-backed securities
This Deposit Account Control Agreement (the “Agreement”), dated as of the date specified on the initial signature page of this Agreement, is entered into by and among Exeter Automobile Receivables Trust 20 - , a Delaware statutory trust (“Company”), Exeter Finance Corp., a Texas corporation (“Servicer”), [Indenture Trustee], as indenture trustee for the benefit of certain noteholders (in such capacity, “Secured Party”) under an indenture (the “Indenture”) dated as of , 20 , and [Lockbox Bank] (“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, and without the necessity of separately listing subaccount numbers, all subaccounts present
LIMITED LIABILITY COMPANY AGREEMENT of EFCAR, LLC (a Delaware Limited Liability Company) by EXETER FINANCE CORP., as Member dated as of February 27, 2012Limited Liability Company Agreement • December 2nd, 2016 • Efcar, LLC • Asset-backed securities • Delaware
THIS LIMITED LIABILITY COMPANY AGREEMENT, (the “Agreement”) of EFCAR, LLC, a Delaware limited liability company (the “Company”) is made and entered into to be effective for all purposes as of February 27, 2012, by Exeter Finance Corp., as the sole member of the Company (the “Member”) and the Board of Managers.
ASSET REPRESENTATIONS REVIEW AGREEMENT among EXETER AUTOMOBILE RECEIVABLES TRUST 20 - , Issuer EXETER FINANCE CORP., Servicer and Asset Representations Reviewer Dated as of , 20Asset Representations Review Agreement • December 2nd, 2016 • Efcar, LLC • Asset-backed securities • New York
ASSET REPRESENTATIONS REVIEW AGREEMENT dated as of , 20 (this “Agreement”), among EXETER AUTOMOBILE RECEIVABLES TRUST 20 - , a Delaware statutory trust (the “Issuer”), EXETER FINANCE CORP., a Delaware corporation (“Exeter”), in its capacity as Servicer (in such capacity, the “Servicer”) and [ASSET REPRESENTATIONS REVIEWER], [entity type], as Asset Representations Reviewer (the “Asset Representations Reviewer”).
TRUST AGREEMENT OF EXETER AUTOMOBILE RECEIVABLES TRUST 20 -Trust Agreement • December 2nd, 2016 • Efcar, LLC • Asset-backed securities • Delaware
TRUST AGREEMENT, dated as of , 20 (this “Trust Agreement”), between EFCAR, LLC, a Delaware limited liability company, as depositor (the “Depositor”), and [Owner Trustee], a with trust powers, which is acting hereunder not in its individual capacity but solely as owner trustee (the “Owner Trustee”). The Depositor and the Owner Trustee hereby agree as follows:
