Backup Servicing Agreement Sample Contracts

CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-3, as the Issuer CREDIT ACCEPTANCE FUNDING LLC 2018-3, as the Seller CREDIT ACCEPTANCE CORPORATION, as the Servicer WELLS FARGO BANK, NATIONAL ASSOCIATION as the Trust Collateral Agent/ Backup Servicer BACKUP SERVICING AGREEMENT Dated as of August 23, 2018 (August 29th, 2018)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of August 23, 2018, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States ("Wells Fargo"), as backup servicer (the "Backup Servicer"), and as trust collateral agent (the "Trust Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CREDIT ACCEPTANCE FUNDING LLC 2018-3, a Delaware limited liability company (the "Seller") and CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-3, a Delaware statutory trust (the "Trust" or the "Issuer").

CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2, as the Issuer CREDIT ACCEPTANCE FUNDING LLC 2018-2, as the Seller CREDIT ACCEPTANCE CORPORATION, as the Servicer WELLS FARGO BANK, NATIONAL ASSOCIATION as the Trust Collateral Agent/ Backup Servicer BACKUP SERVICING AGREEMENT Dated as of May 24, 2018 (May 30th, 2018)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of May 24, 2018, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States ("Wells Fargo"), as backup servicer (the "Backup Servicer"), and as trust collateral agent (the "Trust Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CREDIT ACCEPTANCE FUNDING LLC 2018-2, a Delaware limited liability company (the "Seller") and CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2, a Delaware statutory trust (the "Trust" or the "Issuer").

Second Amendment to Backup Servicing Agreement (May 15th, 2018)

This SECOND AMENDMENT TO BACKUP SERVICING AGREEMENT, dated as of May 10, 2018 (the "Amendment"), is made pursuant to that certain Backup Servicing Agreement dated as of August 19, 2011 (as amended, modified or supplemented from time to time, the "Agreement"), among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo" or the "Backup Servicer"), BANK OF MONTREAL, as collateral agent (the "Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), BMO CAPITAL MARKETS CORP., a Delaware corporation (the "Deal Agent"), and CAC WAREHOUSE FUNDING LLC IV, a Delaware limited liability company (the "Borrower").

CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1, as the Issuer CREDIT ACCEPTANCE FUNDING LLC 2018-1, as the Seller CREDIT ACCEPTANCE CORPORATION, as the Servicer WELLS FARGO BANK, NATIONAL ASSOCIATION as the Trust Collateral Agent/ Backup Servicer BACKUP SERVICING AGREEMENT Dated as of February 22, 2018 (February 27th, 2018)
Backup Servicing Agreement (December 7th, 2017)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of December 1, 2017, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo" or the "Backup Servicer" and, in its capacity as collateral agent, the "Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CREDIT SUISSE AG, NEW YORK BRANCH (in its capacity as deal agent, the "Deal Agent") and CAC WAREHOUSE FUNDING LLC VII, a Delaware limited liability company (the "Borrower").

Backup Servicing Agreement (October 27th, 2017)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of October 26, 2017, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States ("Wells Fargo"), as backup servicer (the "Backup Servicer"), and as trust collateral agent (the "Trust Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CREDIT ACCEPTANCE FUNDING LLC 2017-3, a Delaware limited liability company (the "Seller") and CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3, a Delaware statutory trust (the "Trust" or the "Issuer").

Prosper Funding LLC – Backup Servicing Agreement (Note Channel) (August 14th, 2017)

This BACKUP SERVICING AGREEMENT (NOTE CHANNEL), dated as of February 24, 2017 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this "Agreement"), is entered into by and among PROSPER FUNDING LLC, a Delaware limited liability company ("PFL"), and PROSPER MARKETPLACE, INC., a Delaware corporation ("PMI" and, together with PFL, collectively, "Prosper"), in each case, as servicer (in such capacity, together with their respective successors and permitted assigns, "Servicer"), and FIRST ASSOCIATES LOAN SERVICING, LLC, a Delaware limited liability company, as backup servicer (in such capacity, together with its successors and permitted assigns, "Backup Servicer").

Backup Servicing Agreement (Note Channel) (May 15th, 2017)

This BACKUP SERVICING AGREEMENT (NOTE CHANNEL), dated as of February 24, 2017 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this "Agreement"), is entered into by and among PROSPER FUNDING LLC, a Delaware limited liability company ("PFL"), and PROSPER MARKETPLACE, INC., a Delaware corporation ("PMI" and, together with PFL, collectively, "Prosper"), in each case, as servicer (in such capacity, together with their respective successors and permitted assigns, "Servicer"), and FIRST ASSOCIATES LOAN SERVICING, LLC, a Delaware limited liability company, as backup servicer (in such capacity, together with its successors and permitted assigns, "Backup Servicer").

CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-1, as the Issuer CREDIT ACCEPTANCE FUNDING LLC 2017-1, as the Seller CREDIT ACCEPTANCE CORPORATION, as the Servicer WELLS FARGO BANK, NATIONAL ASSOCIATION as the Trust Collateral Agent/ Backup Servicer BACKUP SERVICING AGREEMENT Dated as of February 23, 2017 (March 1st, 2017)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of February 23, 2017, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States ("Wells Fargo"), as backup servicer (the "Backup Servicer"), and as trust collateral agent (the "Trust Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CREDIT ACCEPTANCE FUNDING LLC 2017-1, a Delaware limited liability company (the "Seller") and CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-1, a Delaware statutory trust (the "Trust" or the "Issuer").

Backup Servicing Agreement (October 31st, 2016)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of October 27, 2016, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States ("Wells Fargo"), as backup servicer (the "Backup Servicer"), and as trust collateral agent (the "Trust Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CREDIT ACCEPTANCE FUNDING LLC 2016-3, a Delaware limited liability company (the "Seller") and CREDIT ACCEPTANCE AUTO LOAN TRUST 2016-3, a Delaware statutory trust (the "Trust" or the "Issuer").

Backup Servicing Agreement (May 16th, 2016)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of May 12, 2016, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States ("Wells Fargo"), as backup servicer (the "Backup Servicer"), and as trust collateral agent (the "Trust Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CREDIT ACCEPTANCE FUNDING LLC 2016-2, a Delaware limited liability company (the "Seller") and CREDIT ACCEPTANCE AUTO LOAN TRUST 2016-2, a Delaware statutory trust (the "Trust" or the "Issuer").

Backup Servicing Agreement (March 3rd, 2016)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of February 26, 2016, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo" or the "Backup Servicer" and, in its capacity as collateral agent, the "Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as deal agent (in its capacity as deal agent, the "Deal Agent") and CREDIT ACCEPTANCE FUNDING LLC 2016-1, a Delaware limited liability company (the "Borrower").

Backup Servicing Agreement (August 25th, 2015)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of August 20, 2015, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States ("Wells Fargo"), as backup servicer (the "Backup Servicer"), and as trust collateral agent (the "Trust Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CREDIT ACCEPTANCE FUNDING LLC 2015-2, a Delaware limited liability company (the "Seller") and CREDIT ACCEPTANCE AUTO LOAN TRUST 2015-2, a Delaware statutory trust (the "Trust" or the "Issuer").

First Amendment to Backup Servicing Agreement (May 15th, 2015)

This FIRST AMENDMENT TO BACKUP SERVICING AGREEMENT, dated as of May 13, 2015 (the "Amendment"), is made pursuant to that certain Backup Servicing Agreement dated as of August 19, 2011 (as amended, modified or supplemented from time to time, the "Agreement"), among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo" or the "Backup Servicer"), BANK OF MONTREAL, as collateral agent (the "Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), BMO CAPITAL MARKETS CORP., a Delaware corporation (the "Deal Agent"), and CAC WAREHOUSE FUNDING LLC IV, a Delaware limited liability company (the "Borrower").

Backup Servicing Agreement (February 3rd, 2015)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of January 29, 2015, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States ("Wells Fargo"), as backup servicer (the "Backup Servicer"), and as trust collateral agent (the "Trust Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CREDIT ACCEPTANCE FUNDING LLC 2015-1, a Delaware limited liability company (the "Seller") and CREDIT ACCEPTANCE AUTO LOAN TRUST 2015-1, a Delaware statutory trust (the "Trust" or the "Issuer").

Backup Servicing Agreement (September 30th, 2014)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of September 25, 2014, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States ("Wells Fargo"), as backup servicer (the "Backup Servicer"), and as trust collateral agent (the "Trust Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CREDIT ACCEPTANCE FUNDING LLC 2014-2, a Delaware limited liability company (the "Seller") and CREDIT ACCEPTANCE AUTO LOAN TRUST 2014-2, a Delaware statutory trust (the "Trust" or the "Issuer").

Backup Servicing Agreement (September 18th, 2014)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of September 15, 2014, among SYSTEMS & SERVICES TECHNOLOGIES, INC., a Delaware corporation (the "Backup Servicer"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CAC WAREHOUSE FUNDING LLC V, a Delaware limited liability company (the "Borrower"), and FIFTH THIRD BANK, an Ohio banking corporation, as collateral agent (the "Collateral Agent") and as deal agent (the "Deal Agent").

Amendment No. 1 to Amended and Restated Backup Servicing Agreement (July 23rd, 2014)

AMENDMENT NO. 1 TO AMENDED AND RESTATED BACKUP SERVICING AGREEMENT, dated as of July 18, 2014 (this "Amendment"), is entered into in connection with that certain AMENDED AND RESTATED BACKUP SERVICING AGREEMENT, dated December 27, 2012 (as amended, supplemented, restated or replaced from time to time, the "Agreement"), by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo" or the "Backup Servicer" and, in its capacity as collateral agent, the "Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), WELLS FARGO SECURITIES, LLC, a Delaware limited liability company (in its capacity as deal agent, the "Deal Agent") and CAC WAREHOUSE FUNDING CORPORATION II, a Nevada corporation (the "Borrower")

Backup Servicing Agreement (April 22nd, 2014)
Backup Servicing Agreement (March 31st, 2014)

This BACKUP SERVICTNG AGREEMENT (the "Agreement"), dated as of January 9, 2014 (the "Effective Date''), is entered into by and between Prosper Funding LLC, a Delaware limited liability company ("PFL"), and First Associates Loan Servicing, LLC, a Delaware limited liability company (the "Backup Servicer").

Backup Servicing Agreement (November 5th, 2013)
Backup Servicing Agreement (April 29th, 2013)
Navistar International Corp. – Page ARTICLE I Definitions and Other Provisions of General Application 1 Section 1.01 Definitions 1 ARTICLE II the Notes 18 Section 2.01 Creation and Designation 18 Section 2.02 Form of Delivery; Depository; Denominations 18 Section 2.03 Delivery and Payment 19 Section 2.04 Reopening 19 ARTICLE III Allocations, Deposits and Payments 19 Section 3.01 Series 2013-1 Available Interest Amounts 19 Section 3.02 Series 2013-1 Available Principal Amounts 23 Section 3.03 Reductions and Reinstatements 24 Section 3.04 Payment on the Series 2013-1 Notes. 27 Section 3.05 Accumulation Period Length and Accum (February 15th, 2013)

This SERIES 2013-1 INDENTURE SUPPLEMENT (this Indenture Supplement), by and between NAVISTAR FINANCIAL DEALER NOTE MASTER OWNER TRUST II, a statutory trust created under the laws of the State of Delaware (the Issuing Entity), and CITIBANK, N.A., a national banking association, as Indenture Trustee, is made and entered into as of February 14, 2013.

Amended and Restated Backup Servicing Agreement (January 3rd, 2013)

AMENDED AND RESTATED BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of December 27, 2012, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo" or the "Backup Servicer" and, in its capacity as collateral agent, the "Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), WELLS FARGO SECURITIES, LLC, a Delaware limited liability company (in its capacity as deal agent, the "Deal Agent") and CAC WAREHOUSE FUNDING CORPORATION II, a Nevada corporation (the "Borrower").

Backup Servicing Agreement (September 25th, 2012)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of September 20, 2012, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States ("Wells Fargo"), as backup servicer (the "Backup Servicer"), and as trust collateral agent (the "Trust Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CREDIT ACCEPTANCE FUNDING LLC 2012-2, a Delaware limited liability company (the "Seller") and CREDIT ACCEPTANCE AUTO LOAN TRUST 2012-2, a Delaware statutory trust (the "Trust" or the "Issuer").

Backup Servicing Agreement (April 4th, 2012)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of March 29, 2012, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States ("Wells Fargo"), as backup servicer (the "Backup Servicer"), and as trust collateral agent (the "Trust Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CREDIT ACCEPTANCE FUNDING LLC 2012-1, a Delaware limited liability company (the "Seller") and CREDIT ACCEPTANCE AUTO LOAN TRUST 2012-1, a Delaware statutory trust (the "Trust" or the "Issuer").

Backup Servicing Agreement (October 12th, 2011)

BACKUP SERVICING AGREEMENT (the "Agreement"), dated as of October 6, 2011, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States ("Wells Fargo"), as backup servicer (the "Backup Servicer"), and as trust collateral agent (the "Trust Collateral Agent"), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation ("Credit Acceptance" or the "Servicer"), CREDIT ACCEPTANCE FUNDING LLC 2011-1, a Delaware limited liability company (the "Seller") and CREDIT ACCEPTANCE AUTO LOAN TRUST 2011-1, a Delaware statutory trust (the "Trust" or the "Issuer").

Contract (August 24th, 2011)
Cnh Capital Receivables Llc – BACKUP SERVICING AGREEMENT Among CNH CAPITAL RECEIVABLES LLC, as Seller NEW HOLLAND CREDIT COMPANY, LLC, as Servicer CNH EQUIPMENT TRUST 2011-A, as Issuing Entity and DEUTSCHE BANK TRUST COMPANY AMERICAS as Backup Servicer Dated as of April 1, 2011 (May 12th, 2011)

THIS BACKUP SERVICING AGREEMENT, dated as of April 1, 2011, (this Agreement) is made among NEW HOLLAND CREDIT COMPANY, LLC, a Delaware limited liability company (the Servicer), CNH CAPITAL RECEIVABLES LLC, a Delaware limited liability company (the Seller), CNH EQUIPMENT TRUST 2011-A, a Delaware statutory trust (the Issuing Entity) and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation (the Backup Servicer or DB Trust).

Cnh Capital Receivables Llc – BACKUP SERVICING AGREEMENT Among CNH CAPITAL RECEIVABLES LLC, as Seller NEW HOLLAND CREDIT COMPANY, LLC, as Servicer CNH EQUIPMENT TRUST 2011-A, as Issuing Entity and DEUTSCHE BANK TRUST COMPANY AMERICAS as Backup Servicer Dated as of April 1, 2011 (May 9th, 2011)

THIS BACKUP SERVICING AGREEMENT, dated as of April 1, 2011, (this Agreement) is made among NEW HOLLAND CREDIT COMPANY, LLC, a Delaware limited liability company (the Servicer), CNH CAPITAL RECEIVABLES LLC, a Delaware limited liability company (the Seller), CNH EQUIPMENT TRUST 2011-A, a Delaware statutory trust (the Issuing Entity) and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation (the Backup Servicer or DB Trust).

Cnh Capital Receivables Llc – BACKUP SERVICING AGREEMENT Among CNH CAPITAL RECEIVABLES LLC, as Seller NEW HOLLAND CREDIT COMPANY, LLC, as Servicer CNH EQUIPMENT TRUST 2010-C, as Issuing Entity and SYSTEMS & SERVICES TECHNOLOGIES, INC. As Backup Servicer Dated as of November 1, 2010 (November 23rd, 2010)

THIS BACKUP SERVICING AGREEMENT, dated as of November 1, 2010, (this Agreement) is made among NEW HOLLAND CREDIT COMPANY, LLC, a Delaware limited liability company (the Servicer), CNH CAPITAL RECEIVABLES LLC, a Delaware limited liability company (the Seller), CNH EQUIPMENT TRUST 2010-C, a Delaware statutory trust (the Issuing Entity), SYSTEMS & SERVICES TECHNOLOGIES, INC., a Delaware corporation (the Backup Servicer or SST).

Backup Servicing Agreement (November 8th, 2010)

BACKUP SERVICING AGREEMENT (the Agreement), dated as of November 4, 2010, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States (Wells Fargo), as backup servicer (the Backup Servicer), and as trust collateral agent (the Trust Collateral Agent), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (Credit Acceptance or the Servicer), CREDIT ACCEPTANCE FUNDING LLC 2010-1, a Delaware limited liability company (the Seller) and CREDIT ACCEPTANCE AUTO LOAN TRUST 2010-1, a Delaware statutory trust (the Trust or the Issuer).

Cnh Equipment Trust 2010-B – BACKUP SERVICING AGREEMENT Among CNH CAPITAL RECEIVABLES LLC, as Seller NEW HOLLAND CREDIT COMPANY, LLC, as Servicer CNH EQUIPMENT TRUST 2010-B, as Issuing Entity and SYSTEMS & SERVICES TECHNOLOGIES, INC. As Backup Servicer Dated as of July 1, 2010 (August 17th, 2010)

THIS BACKUP SERVICING AGREEMENT, dated as of July 1, 2010, (this Agreement) is made among NEW HOLLAND CREDIT COMPANY, LLC, a Delaware limited liability company (the Servicer), CNH CAPITAL RECEIVABLES LLC, a Delaware limited liability company (the Seller), CNH EQUIPMENT TRUST 2010-B, a Delaware statutory trust (the Issuing Entity), SYSTEMS & SERVICES TECHNOLOGIES, INC., a Delaware corporation (the Backup Servicer or SST).

Cnh Capital Receivables Llc – BACKUP SERVICING AGREEMENT Among CNH CAPITAL RECEIVABLES LLC, as Seller NEW HOLLAND CREDIT COMPANY, LLC, as Servicer CNH EQUIPMENT TRUST 2010-A, as Issuing Entity and SYSTEMS & SERVICES TECHNOLOGIES, INC. As Backup Servicer (March 29th, 2010)

THIS BACKUP SERVICING AGREEMENT, dated as of March 1, 2010, (this Agreement) is made among NEW HOLLAND CREDIT COMPANY, LLC, a Delaware limited liability company (the Servicer), CNH CAPITAL RECEIVABLES LLC, a Delaware limited liability company (the Seller), CNH EQUIPMENT TRUST 2010-A, a Delaware statutory trust (the Issuing Entity), SYSTEMS & SERVICES TECHNOLOGIES, INC., a Delaware corporation (the Backup Servicer or SST).

Backup Servicing Agreement (December 9th, 2009)

BACKUP SERVICING AGREEMENT (the Agreement), dated as of December 3, 2009, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States (Wells Fargo), as backup servicer (the Backup Servicer), and as trust collateral agent (the Trust Collateral Agent), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (Credit Acceptance or the Servicer), CREDIT ACCEPTANCE FUNDING LLC 2009-1, a Delaware limited liability company (the Seller) and CREDIT ACCEPTANCE AUTO LOAN TRUST 2009-1, a Delaware statutory trust (the Trust or the Issuer) .