Tinker Federal Credit Union v. Ina J. Smith and Rickey Smith

IN THE DISTRICT COURT OF CARTER COUNTY STATE OF OKLAHOMA TINKER FEDERAL CREDIT UNION ) ) Plaintiff, ) vs. ) INA J. SMITH AND RICKEY SMITH, ) Defendants. ) Case No. CJ-2020-46 PETITION Plaintiff, Tinker Federal Credit Union ("TFCU"), for its cause of action against the Defendants, Ina J. Smith and Rickey Smith ("Defendants"), jointly and severally, alleges and states as follows: 1. On or about May 31, 2018, Defendants executed a Promissory Note (hereinafter referred to as the "Contract"), and became obligated to pay TFCU the principal amount of $74,434.00, plus interest at 4.4900% per annum, according to the terms of the Contract. A copy of the Contract is attached hereto as Exhibit "A". 2. As part of the Contract and to secure the performance of Defendants, they executed a Security Agreement and granted TFCU a security interest in a 2018 GMC Sierra (hereinafter referred as the "Collateral"). TFCU properly perfected its security interest in accordance with Oklahoma law. 3. Defendants failed to pay pursuant to the terms of the Contract, despite demand by TFCU, and are therefore in default under the Contract and Security Agreement. 4. On October 1, 2019, TFCU repossessed the Collateral. TFCU is entitled to a repossession title to the Collateral from the Oklahoma Tax Commission. 5. On October 25, 2019, the Collateral was sold for $35,000.00. With respect to the sale, TFCU complied with all notice requirements set forth by law. The sale was held in a commercially reasonable manner. 6. After deducting the net proceeds from the sale of the Collateral, the balance due on the Contract as of January 16, 2020 was $20,519.93. 7. TFCU is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and Security Agreement and under 12 O.S. §936. 8. Pursuant to the Servicemember’s Civil Relief Act of 2003, TFCU has reviewed the Department of Defense website and determined Defendants are not in the military. See the Affidavit attached hereto as Exhibit “B”. 9. Pursuant to 40 O.S. §4-508(D), TFCU requests an Order that at any time or times subsequent to the filing of this order, the Oklahoma Employment Security Commission shall produce, within thirty (30) days of receipt of this order, employment information of the Defendants. WHEREFORE, Tinker Federal Credit Union prays that this Court enter money judgment for TFCU and against Defendants, Ina J. Smith and Rickey Smith, jointly and severally, in the amount of $20,519.93, plus interest since January 16, 2020, at a rate of 4.4900% per annum until paid, plus TFCU's court costs and a reasonable attorney's fee and all other relief this Court deems just. Respectfully submitted, Jeffery S. Ludlam, QBA #17822 HALL & LUDLAM, PLLC 210 Park Ave, Suite 3001 Oklahoma City, OK 73102 (405) 600-9500 Telephone (405) 600-9550 Facsimile [email protected] Attorneys for Tinker Federal Credit Union RETAIL INSTALLMENT SALES CONTRACT – SIMPLE INTEREST BUYER(S) NAME & ADDRESS (Last Name First) SMITH, INA SMITH, RICKEY SELLER/SECURED PARTY BRAD FENTON MOTORS OF ARDMORE 1540 N. ROCKFORD RD ARDMORE OK 73401 DATE OF SALE 05/31/2018 DISCLOSURES 1. ANNUAL PERCENTAGE RATE The cost of the credit as a yearly rate. 2. FINANCE CHARGE The dollar amount the credit will cost. 3. AMOUNT FINANCED The amount of credit provided to Buyer or on his behalf as itemized below: 4. TOTAL OF PAYMENTS The amount Buyer will have paid after Buyer has made all payments as scheduled. 5. TOTAL SALES PRICE The total cost of the purchase on credit, including Buyer’s down payment of $__________. 4.49 % $13077.20 $74434.00 $87611.20 $0.00 (Interest shown on line 3) $87611.20 PAYMENT SCHEDULE WILL BE: <table> <tr> <th>NO. OF REGULAR PAYMENTS</th> <th>AMOUNT OF PAYMENTS</th> <th></th> </tr> <tr> <td>84</td> <td>Regular $1041.80</td> <td>Plus a Final Payment</td> </tr> <tr> <td colspan="3">FREQUENCY OF PAYMENTS: Monthly</td> </tr> <tr> <td colspan="3">Due Date of Payments: 08/29/2018 Final Payment 07/29/2026</td> </tr> </table> Prepayment: If Buyer pays off early, Buyer will not have to pay a penalty. Late Charge: If a payment is late, Buyer will be charged a fee of $25.00, or 5% of the unpaid amount of the payment, whichever is less. See Retail Installment Sales Contract, Security Agreement and related contract documents for additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. SECURITY/COLLATERAL Check boxes apply to this transaction: [X] The signer(s) of the Security Agreement are giving a security interest in the following property: NEW 2018 GMC SIERRA VIN: 3GTU2PEJ1JG118482 [ ] Collateral securing other sales by Seller to Buyer also secures this Contract. [ ] Assumption Policy: Someone buying Buyer’s house: [ ] may, subject to certain conditions, be allowed to resume the remainder of the mortgage on the original terms. [ ] cannot assume the remainder of the mortgage. Fees Paid in Cash by Buyer: Filing Fees $ _______ N/A Non-Filing Insurance $ _______ N/A ITEMIZATION OF AMOUNT FINANCED <table> <tr> <th>#</th> <th>ITEM</th> <th>AMOUNT</th> <th>CREDIT PRICE</th> <th>CASH PRICE (including Accessories, Sales Tax, Service and Service Protection provided by Seller)</th> </tr> <tr> <td>1</td> <td>Amount Paid to Dealer on Buyer’s Behalf (Seller may retain a portion of amounts designated with an asterisk “*”) $N/A</td> <td>$N/A</td> <td></td> <td></td> </tr> <tr> <td>2</td> <td>Cash Down Payment</td> <td>$N/A</td> <td></td> <td></td> </tr> <tr> <td>3</td> <td>Manufacturer’s Rebates.</td> <td>$5000.00</td> <td></td> <td></td> </tr> <tr> <td>4</td> <td>Trade-in (estimated) 2015 DODGE RAM</td> <td>$27000.00</td> <td></td> <td></td> </tr> <tr> <td>5</td> <td>Payoff Balance on Trade-in (if Any). Paid to ALLY</td> <td>$37101.00</td> <td></td> <td></td> </tr> <tr> <td>6</td> <td>Net Allowance on Trade-In $5000 from line 4</td> <td>$-10101.00</td> <td></td> <td></td> </tr> <tr> <td>7</td> <td>Total Cash Down and Net Trade Value Uses 2, 3 and 6, if Amount Is negative enter same positive amount on line 17</td> <td>$-5101.00</td> <td></td> <td></td> </tr> <tr> <td>8</td> <td>Total Down Payment (Enter amount from line 7 if positive amount), or enter “0” if there is negative</td> <td>$0.00</td> <td></td> <td></td> </tr> <tr> <td>9</td> <td>Unpaid Balance of Cash Price (Balance line 8 from line 1)</td> <td>$62695.00</td> <td></td> <td></td> </tr> <tr> <td>10</td> <td>10 Credit Life Insurance Premium</td> <td>$N/A</td> <td></td> <td></td> </tr> <tr> <td>11</td> <td>Disablement Insurance Premium</td> <td>$N/A</td> <td></td> <td></td> </tr> <tr> <td>12</td> <td>Other Insurance Premium</td> <td>$N/A</td> <td></td> <td></td> </tr> <tr> <td>13</td> <td>Filing and Reinstating fees to Public Officials</td> <td>$10.00</td> <td></td> <td></td> </tr> <tr> <td>14</td> <td>Licence, Title and Registration to</td> <td>$N/A</td> <td></td> <td></td> </tr> <tr> <td>15</td> <td>Service Contract to EASY CARE & MAINTENANCE B</td> <td>$5329.00</td> <td></td> <td></td> </tr> <tr> <td>16</td> <td>Processing Fee</td> <td>$499.00</td> <td></td> <td></td> </tr> <tr> <td>17</td> <td>To ALLY</td> <td>$5101.00</td> <td></td> <td></td> </tr> <tr> <td>18</td> <td>Gap</td> <td>$800.00</td> <td></td> <td></td> </tr> <tr> <td>19</td> <td>Total Amount Paid to Others on Behalf of Buyer (Add lines 10 through 18)</td> <td>$11739.00</td> <td></td> <td></td> </tr> <tr> <td>20</td> <td>Less Prepaid Finance Charge.</td> <td>$N/A</td> <td></td> <td></td> </tr> <tr> <td>21</td> <td>AMOUNT FINANCED (Adds lines 9 and 19. Less Prepaid Finance Charge entered on line 20)</td> <td>$74434.00</td> <td></td> <td></td> </tr> </table> If this Contract arises from a consumer credit sale of a used vehicle as defined in Part 435 of Title 16 of the Code of Federal Regulations then the information you see on the window form for this vehicle is part of this Contract. Information on the window form overrides any contrary provisions in the Contract of sale. DISCLAIMER OF WARRANTIES Seller's oral statements about the property described herein do not constitute warranties and shall not be relied upon by Buyer. To the extent permitted by law, Seller disclaims all express and implied warranties (including, without limitation, the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE) except as follows: In the event that this sale and Buyer enters into a service contract with the seller within 90 days after this Contract, the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE are specifically excluded and shall be limited in duration to the duration of the written warranty. CREDITOR/ASSIGNEE TINKER FEDERAL CREDIT UNION PO BOX 48750 TINKER AFB OK 73145-0750 SECURITY AGREEMENT The undersigned grants to Seller a security interest in Collateral, including but not limited to, all right, title and interest in and to all funds of Buyer (hereinafter referred to as “the Collateral”) whether now owned, then owned, or hereafter acquired, and agrees that all collateral which the undersigned owns, owns in trust for others, owns as agent for others, owns as custodian for others, owns as assignee for others, owns by virtue of any agreement, contract, or arrangement, owns in any manner, or otherwise owns or is entitled to receive, now owned, and as hereafter acquired, by Buyer, in whatever form, nature, and wherever located, and whether or not of any kind, character, nature, description, or condition, and whether or not such Collateral is now owned, then owned, or hereafter acquired by Buyer and whether or not then equals, in whole or in part, the amount of the principal secured hereby. [ ] All Collateral shall be delivered to Seller. [ ] Collateral is described in Schedule(s) attached hereto. All agreements, covenants, and warranties described herein, shall be performed by Buyer and Buyer irrevocably assigns to Seller all right, title, and interest in and to any and all Collateral now owned, then owned, or hereafter acquired by Buyer, whether or not then equaling, in whole or in part, the amount of the principal secured hereby. Buyer shall notify Seller prior to any assignment to any third party of any Collateral. Buyer agrees that Seller may use the Collateral as security for any debt due Seller to Buyer or any other person indebted to Seller. To the extent not prohibited by law, the undersigned waives notice of receipt of notice of assignment by Buyer, all rights of redemption, all rights of enforcement of the Collateral, and all rights to demand or require compliance with any other provision of law affecting rights of resale, collection, or enforcement of security interests. INSURANCE STATEMENT CREDIT LIFE INSURANCE AND HEALTH INSURANCE are not required to protect buyer against loss by credit union. Such insurance is not a factor in the approval of the credit union principal for each term. Such insurance for unpaid interest and principal is optional. Buyer should ask Seller if insurance is available and if Buyer under Co-Buyer requests Seller to obtain signing before: ☐ Life Insurance for [ ] Buyer [ ] Co-Buyer Cost: ___________________ $ _______ N/A ☐ Accident and Health Insurance for [ ] Buyer [ ] Co-Buyer Cost: ___________________ $ _______ N/A [ ] Buyer desires insurance checked above [ ] Buyer does not desire the insurance CO-BUYER DESIRES INSURANCE CHECKED ABOVE [x] Buyer does not desire the insurance Date S-31-18 VENDOR'S SINGLE INTEREST AND/OR OTHER PROPERTY INSURANCE may be obtained by Buyer and/or Co-Buyer through any person acceptable to Seller. If such insurance is obtained through Seller, the cost for the term of the lease is: Property Insurance $ _______ N/A Vendor's Single Interest Insurance $ _______ N/A (The issuer issuing this policy waives its rights to subrogation against Buyer.) RETAIL INSTALLMENT SALES The undersigned Buyer(s) and all other parties named hereinunder, hereby sometimes referred to collectively as “Buyer”, hereby purchase from Seller the property described herein and agree to all terms herein. Buyer acknowledges that (a) interest at the specified Annual Percentage Rate is included in the finance charge, (b) interest at the specified Annual Percentage Rate is calculated on the unpaid balance of the principal financed at any time remaining unpaid, and (c) any accrued and unpaid portion of the Finance Charge. All payments received by Seller are credited first toward payment of the unpaid Finance Charge to date of payment and then toward payment of the unpaid balance of the Amount Financed. PARTY LIABLE FOR PAYMENT: All parties liable for payment hereunder shall each be regarded as a principal and each party agrees that any party with approval of holder and without notice to any other party may from time to time release this Contract from any liability hereunder. The release of any party does not impair the right of Seller to recover the entire amount due under this Contract. All parties liable for payment hereunder shall be jointly and severally liable for satisfaction of any payment due hereunder and all parties liable for payment hereunder must remain liable for payment hereunder unless otherwise agreed in writing. PREPAYMENT: Buyer shall have the right to prepay the Amount Financed in full at any time prior to the due date, provided, however, that if paid in full or in part at any time, provided, however, that if paid in full or in part at any time, provided, Buyer shall have paid to Seller the Finance Charge accrued to date of such prepayment. Upon prepayment in full, the Buyer shall be entitled to a refund of any unearned portion of the Finance Charge. Partial prepayment is not permitted. In the event of default or payoff in advance of maturity. DEFICIENCY LIABILITY: If the Amount Financed by this Contract is not paid in full within 10 days of the due date, the holder may assess a deficiency charge in an amount which is the lesser of (a) five percent of the unpaid amount of the payment or (b) up to the amount set for deficiency claims by statute at the time this Oklahoma Department of Consumer Credit at the time the payment was delinquent. Buyer agrees that the amount set by rule of the Administrator may increase to an amount greater than that disclosed in this Contract. COLLECTION COSTS: The Seller may charge and collect from the Buyer the minimum fee permitted by law for each return by the Seller on account of insufficient funds, returned checks, check, negotiable order of withdrawal or stored draft issued by Seller in connection with this sale. This fee shall be in addition to all other fees, charges, and costs, and any additional charges which the Seller may charge and collect from the Buyer, which fees, charges and costs are subject to refund or rebate. Buyer agrees to pay the cost of enforcing the security interest, and to pay attorney fees, not to exceed 15% of the amount owed after default, if allowed by law at the time this Contract is signed. DUYER(S) SIGNATURES The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. We agree to terms of this Retail Installment Sales Contract, Security Agreement, Disclosure Statement, and Payment Schedule. We have attached schedule(s) to the attached window form(s). All schedules attached to the window form(s) are complete and correct. Date: [Signature] [Date] EXHIBIT "A" ADDITIONAL PROVISIONS: BUYER EXPRESSLY WARRANTS, COVENANTS AND AGREES: WARRANTIES AND COVENANTS 1. Financial Information. All application, balance sheets, earnings statements, other reports, information and other representations which have been or may thereafter be furnished by Seller/Secured Party for Buyer in or in connection with a financial transaction shall fully represent the financial condition of Seller/Secured Party at the date of and for the period through such report, document, statement or representation, and Buyer certifies that it has read and carefully reviewed each such report, document, statement or representation and does hereby expressly agree that such report, document, statement or representation may be relied upon by Seller/Secured Party and that Buyer acknowledges and agrees that any and all such reports, documents, statements or representations shall be binding upon Buyer and Buyer hereby waives any and all rights to contest or question the same. 2. Ownership Free of Encumbrances. Buyer will not permit any lien or security interest (including but not limited to any secured party's security interest) to attach to any Collateral or any other thing to be done that may interfere with the value of the Collateral or the security interest therein. 3. Financing Statement. Buyer agrees to join with Seller/Secured Party in executing and filing a Financing Statement from time to time in order to perfect or continue perfection of the security interest herein granted. A carbon photostat or facsimile reproduction of any Financing Statement Agreement or any similar agreement is sufficient as a Financing Statement. 4. Residence, Use and Location. Status shall made herein or otherwise by Buyer's publication of its location, possession and use of Collateral and Buyer will not permit any of the Collateral to be removed from the location specified herein unless a subsequent consent of Seller/Secured Party in such regard is so given on the reverse side hereof or in the Agreement. Buyer is an individual. Buyer agrees that if Buyer's address as set forth herein shall change, Buyer will notify Seller/Secured Party within thirty days after reaching a new address. If the obligations secured hereunder are paid in full, Buyer's address will not change prior to resolution or legal name without providing Seller/Secured Party 30 days prior written notice. 5. Sale, Lease or Disposition of Collateral Prohibited. Buyer shall not sell, transfer, exchange or dispose of Collateral or any part thereof or the Buyer's right, title or interest therein without first obtaining Seller/Secured Party's consent. The consent of Seller/Secured Party may be conditioned upon any requirement (including but not limited to the application of funds or satisfaction secured hereby) which requires further cash or other consideration to be for the benefit of Seller/Secured Party. If it is understood and agreed that such consent will not be deemed to be effective until delivered under satisfactory and conditions have been fulfilled, Buyer's exact legal name is as set forth on the reverse side of this Agreement. 6. Maintenance and Inspection. Buyer at own expense shall keep the Collateral in good condition and repair. Should the Collateral wear and tear or if it becomes obsolete or deteriorate except for the ordinary wear and tear of its intended primary use, shall promptly protect the Collateral from the elements (snow, hail, fire) and shall not permit the Collateral to become in any manner disabled, damaged, lost or stolen. Buyer shall permit and facilitate Seller/Secured Party to examine and inspect the Collateral at any time, wherever located. 7. Taxes. Buyer shall promptly pay all sales, use taxes, assessments and license fees with respect to the Collateral or the use of the Collateral. EVENTS OF DEFAULT Buyer shall be in default under this Agreement upon the happening of any one or more of the following events or conditions, herein called "Events of Default": 1. Any warranty, covenant, agreement, representation, financial information or statement made or furnished to Seller/Secured Party by or on behalf of Buyer to induce Seller/Secured Party to enter into this Agreement, or in conjunction therewith, is violated or proves to have been false in any material respect when made or furnished. 2. Any payment required hereunder or under any other note or obligation of Buyer to this Agreement or any other agreement executed by Buyer or its authorized representatives, is not made when due, or in accordance with terms of the applicable contract. 3. Buyer defaults in the performance of any covenant, obligation, warranty or provision contained in this Loan Agreement or in any other note or obligation of Buyer to Seller/Secured Party or to others. 4. The occurrence of any event or condition which results in acceleration of the maturity of any obligation owed to Seller/Secured Party or to others under any note, forbearance, extension, agreement, or undertake. 5. The making of any levy against or seizure, garnishment or attachment of any Collateral, the consummation circumstance thereof by Buyer, or the sale, lease or other disposition of Collateral by Buyer without the prior written consent of Seller/Secured Party as required elsewhere in this Agreement. 6. Loss, theft, substantial damage or destruction of Collateral. 7. When, in the judgment of Seller/Secured Party, the Collateral becomes unsatisfactory as to its insufficiency in character or value, and upon request Buyer fails to provide additional Collateral as specified herein. 8. Any time Seller/Secured Party in sole discretion believes the prospect of payment or performance of any liability, covenant, warranty or obligation secured hereby is impaired. 9. The death, dissolution, liquidation or insolvency of Buyer, the appointment of a receiver over any part of Buyer's property, the filing of any petition for bankruptcy or insolvent proceeding of Buyer or the commencement of any proceeding under any bankruptcy or insolvency law by or against Buyer or any guarantor or party to Buyer. REMEDIES Upon the occurrence of an Event of Default, and at any time thereafter, Seller/Secured Party may, at its sole option, demand or demand to Buyer except as otherwise provided below, exercise and all other rights and remedies permitted by Seller/Secured Party, including but not limited to: a. Deliver the unpaid balance of the Contract and all other obligations and indebtedness of any other nature arising therefrom, whether direct or indirect, absolute or contingent, now existing or hereafter arising, immediately, irrespective of notice of claim, protest, action or proceeding, including the right of seller/secured hereby provided, that Purchaser be and remain liable for any unpaid balance of any note, order, account, credit, bill or invoice, and Buyer shall be and remain liable for all finance charges in accordance with the Annual Percentage Rate provided in the Contract. b. Require Buyer to assemble Collateral or evidence thereof and make it available to Seller/Secured Party at a place designated by Seller/Secured Party which is reasonably convenient to both parties. c. Repossess the Collateral and all books and records evidencing or pertaining to the Collateral. Buyer authorizes Seller/Secured Party to take possession of any of Buyer's property located in or attached to the Collateral. If Buyer has not reclaimed the Collateral within ten (10) days after notice of the loss, Buyer's location or address upon Collateral, in its own name or in the name of the Buyer as Seller/Secured Party may determine. d. Sell or otherwise dispose of the Collateral. Unless Collateral in whole or in part is perishable or threatened to decline speedily in value or is of a type customarily sold in a recognized market, Seller/Secured Party will give Buyer reasonable notice of the time and place of any public sale, sale, or the time after which any private sale or other disposition is to be made. Any proceeds received as a result of any such sale or other disposition, or as a result of the service of any notices of sale, or any other sale or other disposition or action, Seller/Secured Party shall be entitled to, and Buyer shall be liable for, all expenses of sale, and all expenses of storage of Collateral, and all costs, expenses and reasonable attorney fees as set forth in NEBRASKA INSTALLMENT CREDIT ACT. All such costs are secured by the security interest in the Collateral conveyed hereby. Buyer shall not have a right to delay or delay Seller/Secured Party from pursuing any legal or equitable remedy for any breach of this Agreement by Buyer so long as Seller/Secured Party complies with all requirements of law. Buyer hereby waives any and all defenses to the enforcement of this Agreement. e. Take any or all actions necessary by Seller/Secured Party to protect itself or its Collateral and Buyer hereby agrees to indemnify Seller/Secured Party for any and all losses, damages, expenses and costs (including reasonable attorney fees) incurred by Seller/Secured Party in connection with any such actions. f. Seller/Secured Party shall not be liable for the failure to notice any account, enforce any right or remedy or for any act or omission on the part of Seller/Secured Party or Buyer's agents or representatives. In the game circumstances, a lack of good faith or failure to act in a commercially reasonable fashion by Seller/Secured Party may have acted in a commercially reasonable manner if his action or non-action is consistent with general business practices in the area of Seller/Secured Party's location, but this standard shall not constitute discretionary procedures which may not be considered reasonable under the circumstances nor require Seller/Secured Party to take necessary steps to preserve rights against prior parties in an instrument or chattel paper. GENERAL 1. Waivers. No act, delay, or omission, including Seller/Secured Party's waiver of remedy, transfer of assignment or relinquishment of right, surrender of any right or remedy, or release, amendment or modification of any of the terms of Seller/Secured Party's rights hereunder may be assigned. 2. Amendments. Any amendments or modifications to this Agreement or any other agreement entered into between Buyer and Seller/Secured Party will not affect the existence, continuance or effect of any obligation of Buyer hereunder, except as otherwise provided in writing signed by Seller/Secured Party and Buyer. 3. Survival of Representations. Buyer's warranties made in connection herewith and any representations made in connection with this Agreement, including without limitation any representations regarding compliance with any laws, rules or regulations, shall survive payment of any note or other obligation hereunder and shall not be affected by any subsequent sale, transfer or assignment of any Collateral. 4. Joint and Several Responsibility of Buyer. If more than one Buyer executes this Agreement, their responsibility hereunder shall be joint and several and the reference to Buyer herein shall be construed to refer to each Buyer. 5. Separability of Provisions. If any provisions of this Agreement shall for any reason be held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of any other provision hereof, and this Agreement shall be construed as if such invalid or unenforceable provision had not been contained herein. 6. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Oklahoma. Except to the extent that the UCC governs the application of the Uniform Commercial Code, if the Collateral is located in other than Oklahoma, then the Uniform Commercial Code shall apply. Buyer agrees to comply with the Uniform Commercial Code, as adopted and revised from time to time in the State of Oklahoma ("UCC"), and not defined in this Agreement has the meaning given to the term in the UCC. ASSIGNMENT BY SELLER AND TERMS FOR VALUE RECEIVED, Seller hereby sells, assigns, and transfers all of its right, title, and interest and all other interests under this Agreement or any other agreement (the "Agreement") of Seller/Secured Party's rights therein, upon pledge, transfer, assignment, or otherwise, to the Assignee shown on the face hereof (herein called "Assignee"). Its successors or assigns (the "Assignee") may thereby assign, pledge, or transfer all or any part of said obligations or interest in the Agreement, as aforesaid, to any person or entity. Seller warrants that it owns all such interest as it has and that it has not assigned, pledged, transferred, or assigned or assigned any interest, right, or claim hereunder. Seller warrants that it has not assigned, pledged, transferred, or assigned or assigned any interest, right, or claim hereunder to any third party except as provided in this Assignment. INITIALS REPURCHASE: Seller guarantees the payment and performance of this Contract, except as otherwise provided in the Repurchase Agreement between the Seller and Assignee. INITIALS GUARANTY: Seller guarantees the payment and performance of this Contract. INITIALS WITHOUT REOURSE: This Assignment is without recourse against the Assignor. FULL REOURSE: Seller guarantees payment in full of all amounts due on the contract as and when such payments become due. Seller waives any extension of time made by Assignee, and agrees to repurchase this contract at the time option specified after any default by the Buyer. SSELLER BY [Signature] BRADFENTONMOTORSMOODY.COM, INC. TITLE BUSINESS MANAGER DATE 05/31/2018 NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. TINKER FEDERAL CREDIT UNION ADDENDUM TO RETAIL INSTALLMENT SALES CONTRACT This Addendum ("Addendum") modifies the Retail Installment Sales Contract (the "Contract") entered into between the Buyer(s) below ("Buyer," "you" or "your") and Seller/Secured Party ("Seller," "we," "us" or "our"). "Creditor" shall be Tinker Federal Credit Union. Military Lending Act Disclosure Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account; the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and, any participation fee charged (other than certain participation fees for a credit card account). Upon your acceptance of this offer, we will determine your borrower status under the Military Lending Act. If you are identified as a covered borrower under the Act at the time of acceptance, the Military Lending Act protections will apply to your loan. If you are not identified as a covered borrower under the Act at the time of acceptance of this offer, even though you may become a covered borrower under the Act at any time during the term of this loan, these protections will not apply. Once your loan has been established, you may call us at (405) 319-7200 or toll free at 844-756-3767 to obtain more specific information about your loan payment obligation or calculation. If you have any questions regarding the Military Lending Act, please call us at (405) 319-7200 or toll free at 844-756-3767 and press 1 to speak to a Member Service Representative. Buyer and Seller acknowledge and agree that this Addendum is incorporated into and made a part of the Contract, and agree that any provisions in the original Contract relating to insurance or any other requirements on the vehicle, Agreement to Provide Insurance, or any other related document, which are inconsistent or in conflict with this Addendum, are hereby modified, amended and changed to provide as follows: Arbitration 1. If any arbitration/mediation clause is contained in the Retail Installment Sales Contract between the Dealer and the Maker(s)/Purchaser(s), such provision shall not be applicable to Tinker Federal Credit Union in any collection action against the Maker(s)/Purchaser(s). All claims made by Maker(s)/Purchasers shall be submitted to arbitration, regardless of how and when made. Acknowledgement and Instructions of the Consumer for the use of Consumer Credit Reports 2. TFCU offers many financial products and services to its members. Some of those products and services are dependent upon a member's creditworthiness, which is determined in part by reviewing a consumer report. The consumer report(s) we have obtained or are obtaining for the purpose of the transaction or service initiated by you contains information on trade lines you have with other lenders. If you instruct us to do so by checking the first box shown below, we will use the consumer report(s) we have obtained or are obtaining to determine your eligibility for TFCU financial products and services. Please be aware that instructing us to use your consumer report(s) for these purposes does not guarantee an offer of credit. We have obtained (or will be obtaining) a consumer credit report(s) from one or more consumer reporting agencies ("consumer report") for the purpose of verifying information in connection with opening an account in your name and/or considering an application for a loan and/or other products or services offered by TFCU. By signing this Acknowledgment and Instructions you are instructing TFCU how to use the consumer report(s). Insurance Deductible 3. The deductible on the insurance you are required to maintain under the terms of the Contract shall not exceed one thousand dollars ($1,000.00). Buyer ☐ I, the undersigned, instruct TFCU to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services and for the purpose of determining whether to offer me other TFCU financial products and services. ☐ I, the undersigned, instruct TFCU NOT to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services. IN WITNESS WHEREOF, this Addendum has been duly executed by each party as of the date(s) indicated below. [Signature] Date Seller Signature Date Co Buyer ☑ I, the undersigned, instruct TFCU to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services and for the purpose of determining whether to offer me other TFCU financial products and services. ☐ I, the undersigned, instruct TFCU NOT to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services. [Signature] Date IN WITNESS WHEREOF, this Addendum has been duly executed by each party as of the date(s) indicated below. [Signature] Date Rev. 02/21/2018 Page 2 of 2 ; AFFIDAVIT STATE OF OKLAHOMA COUNTY OF OKLAHOMA ) ) ss. Diana Rios, of lawful age, being first duly sworn, upon oath deposes and states: 1. I am a Collections Legal Specialist for Tinker Federal Credit Union and I am authorized to make this Affidavit of its behalf. Based on a review of the Department of Defense website Ina J Smith is not in the military. A copy is attached hereto. Signed under penalty of perjury [Signature] Diana Rios Subscribed and sworn to before me this 16th day of January, 2020 [Signature] Notary Public My Commission Expires: (SEAL) EXHIBIT "B" Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-9540 Birth Date: Last Name: SMITH First Name: INA Middle Name: J Status As Of: Jan-16-2020 Certificate ID: TG22YYFXCH4PLP5 On Active Duty On Active Duty Status Date <table> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date <table> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date <table> <tr> <th>Order Notification Start Date</th> <th>Order Notification End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects whether the individual or his/her unit has received early notification to report for active duty. Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 • The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq. as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. ? 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC ? 101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. ; AFFIDAVIT STATE OF OKLAHOMA ) ss. COUNTY OF OKLAHOMA ) Diana Rios, of lawful age, being first duly sworn, upon oath deposes and states: 1. I am a Collections Legal Specialist for Tinker Federal Credit Union and I am authorized to make this Affidavit of its behalf. Based on a review of the Department of Defense website Rickey Smith is not in the military. A copy is attached hereto. Signed under penalty of perjury Diana Rios Subscribed and sworn to before me this 16th day of January, 2020. Notary Public My Commission Expire: (SEAL) Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-9647 Birth Date: Last Name: SMITH First Name: RICKEY Middle Name: Status As Of: Jan-16-2020 Certificate ID: PBSR0RQTsNGNLFQ <table> <tr> <th colspan="2">On Active Duty On Active Duty Status Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>Active Duty Start Date<br>NA</td> <td>Active Duty End Date<br>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects the individual's active duty status based on the Active Duty Status Date <table> <tr> <th colspan="2">Left Active Duty Within 367 Days of Active Duty Status Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>Active Duty Start Date<br>NA</td> <td>Active Duty End Date<br>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects where the individual left active duty status within 387 days preceding the Active Duty Status Date <table> <tr> <th colspan="2">The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>Order Notification Start Date<br>NA</td> <td>Order Notification End Date<br>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 • The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq., as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. ? 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC ? 101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be Inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.