0001012704-13-000006 Sample Contracts

AMENDMENT NO. 2 TO LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • March 29th, 2013 • DT Acceptance Corp • Retail-auto dealers & gasoline stations • New York

This LOAN AND SERVICING AGREEMENT dated as of December 28, 2011, is by and among DT WAREHOUSE, LLC, a Delaware limited liability company, as Borrower, DT CREDIT COMPANY, LLC, an Arizona limited liability company, as Servicer, WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Backup Servicer, Paying Agent and Securities Intermediary, THE COMMERCIAL PAPER CONDUITS FROM TIME TO TIME PARTY HERETO, as Conduit Lenders, THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO, as Committed Lenders, THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO, as Managing Agents, and DEUTSCHE BANK AG, NEW YORK BRANCH, as Program Agent for the Conduit Lenders and the Committed Lenders. Capitalized terms used herein shall have the meanings specified in Section 1.01.

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Confidential information in this Amended and Restated Loan and Servicing Agreement has been omitted and filed separately with the Securities and Exchange Commission pursuant to a Confidential Treatment Request
Loan and Servicing Agreement • March 29th, 2013 • DT Acceptance Corp • Retail-auto dealers & gasoline stations • New York

This AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT, dated as of December 31, 2012 is among DT WAREHOUSE II, LLC, a Delaware limited liability company, as Borrower, DT CREDIT COMPANY, an Arizona limited liability company, as Servicer, WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Paying Agent and Securities Intermediary, and SANTANDER CONSUMER USA INC., as Lender and Backup Servicer. Capitalized terms used herein shall have the meanings specified in Section 1.01.

LOAN AND SECURITY AGREEMENT Dated as of November 20, 2012
Loan and Security Agreement • March 29th, 2013 • DT Acceptance Corp • Retail-auto dealers & gasoline stations • New York

This Loan and Security Agreement, dated as of November 20, 2012 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is among DT Funding, LLC, a Delaware limited liability company, as borrower (the “Borrower”), DT Credit Company, LLC, an Arizona limited liability company (“DTCC”), as servicer (the “Servicer”), the Lenders from time to time parties hereto (the “Lenders”), Wells Fargo Securities, LLC, as administrative agent for the Lenders (the “Administrative Agent”), and Wells Fargo Bank, National Association, as collateral custodian (the “Collateral Custodian”) and backup servicer (the “Backup Servicer”).

SETTLEMENT AGREEMENT
Settlement Agreement • March 29th, 2013 • DT Acceptance Corp • Retail-auto dealers & gasoline stations

In order to settle as fully as possible all known all unknown claims I might have against DriveTime Automotive Group and all related parties (including DT Credit Corporation, DriveTime Car Sales, Inc., GO Financial and DT Acceptance Corporation) (together, “Company”), Company and myself agree as follows:

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