Tinker Federal Credit Union v. Derek F. Brushwood

IN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA TINKER FEDERAL CREDIT UNION ) ) Plaintiff, vs. ) Case No. DEREK F. BRUSHWOOD, ) ) Defendant. ) PETITION Plaintiff, Tinker Federal Credit Union ("TFCU"), for its cause of action against the defendant, Derek F. Brushwood ("Defendant"), alleges and states as follows: CLAIM ONE: BREACH OF CONTRACT – COLLATERAL LOAN L50 1. On or about September 19, 2022, Defendant executed a Promissory Note (hereinafter referred to as the "Contract"), by which Defendant became obligated to pay TFCU the principal amount of $10,821.69, plus interest at 6.2400% 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 Defendant, Defendant executed a Security Agreement by which Defendant granted TFCU a security interest in a MIDNIGHT JACUZZI MODEL#:ZB621YGDP4/ZB62XYHD4 (hereinafter referred as the "Collateral"). TFCU properly perfected its security interest in accordance with Oklahoma law. A copy of the Lien Entry is attached hereto as Exhibit "B". 3. Defendant has failed to pay pursuant to the terms of the Contract, despite demand by TFCU, and is therefore in default under the Contract and Security Agreement. 4. As of February 19, 2026, the balance due on the Contract was $8,459.76. 5. 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. 6. Pursuant to the Servicemember’s Civil Relief Act of 2003, TFCU has reviewed the Department of Defense website and determined Defendant is not in the military. See the Affidavit attached hereto as Exhibit “C”. 7. 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 Defendant. WHEREFORE, Tinker Federal Credit Union prays: (a) that this Court enter money judgment for TFCU and against Defendant in the amount of $8,459.76, plus interest since February 19, 2026, at a rate of 6.2400% per annum until paid, plus TFCU's court costs and a reasonable attorney's fee; (b) issue an Order for Defendant to appear and disclose the location of the Collateral; (c) that this Court render judgment in favor of TFCU and against the Defendant for possession of the Collateral, decreeing that TFCU's interest in the Collateral is senior and prior to the interest of Defendant in the Collateral, and authorizing the foreclosure of TFCU's security interest in the Collateral; and (d) all contractual charges as set forth in the Contract. CLAIM TWO: BREACH OF CONTRACT – PROMISSORY NOTE L51 8. On or about June 14, 2023, Defendant executed a promissory note (hereinafter referred to as the "Contract") and became obligated to pay TFCU the principal amount of $4,000.00. A true and correct copy is attached hereto as Exhibit “D”. 9. Defendant has defaulted on the Contract by failing to timely pay and is indebted to TFCU in the amount of $2,152.92 as of February 19, 2026. 10. TFCU is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and under 12 O.S. §936. 11. TFCU is entitled to pre and post judgment interest at the contractual rate of 11.9500% per annum. WHEREFORE, Tinker Federal Credit Union prays for judgment against Defendant, Derek F. Brushwood for $2,152.92, plus pre and post judgment interest at 11.9500% per annum and all contractual charges as set forth in the Contract, plus Plaintiff 's court costs and a reasonable attorney's fee and all other relief this Court deems just. CLAIM THREE: BREACH OF CONTRACT – PROMISSORY NOTE L52 12. On or about March 31, 2025, Defendant executed a promissory note (hereinafter referred to as the "Contract") and became obligated to pay TFCU the principal amount of $4,000.00. A true and correct copy is attached hereto as Exhibit “E”. 13. Defendant has defaulted on the Contract by failing to timely pay and is indebted to TFCU in the amount of $3,537.02 as of February 19, 2026. 14. TFCU is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and under 12 O.S. §936. 15. TFCU is entitled to pre and post judgment interest at the contractual rate of 12.9500% per annum. WHEREFORE, Tinker Federal Credit Union prays for judgment against Defendant, Derek F. Brushwood for $3,537.02, plus pre and post judgment interest at 12.9500% per annum and all contractual charges as set forth in the Contract, plus Plaintiff 's court costs and a reasonable attorney's fee and all other relief this Court deems just. Respectfully submitted, Jeffery S. Ludlam, OBA #17822 HALL & LUDLAM, PLLC 210 Park Ave, Suite 3001 Oklahoma City, OK 73102 (405) 600-9500 Telephone (405) 871-5403 Facsimile [email protected] Loan and Security Agreements and Disclosure Statement Tinker Federal Credit Union P.O. Box 45750, Tinker AFB, OK 73145-0750 Covered Borrower Under Military Lending Act FIXED RATE STEP RATE LOAN DATE ACCOUNT NUMBER LOAN NUMBER MATURITY DATE VARIABLE RATE 09/19/2022 BORROWER 1 (Name & Address) DEREK F BRUSHWOOD 1400 W Blake St El Reno, OK 73036 BORROWER 2 (Name & Address) BORROWER 3 (Name & Address) BORROWER 4 (Name & Address) TRUTH IN LENDING DISCLOSURE (or means an estimate) <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>Amount Financed</th> <th>Total of Payments</th> <th>Total Sale Price</th> </tr> <tr> <td>The cost of Your credit as a yearly rate.</td> <td>The dollar amount the credit will cost You.</td> <td>The amount of credit provided to You or on Your behalf.</td> <td>The amount You will have paid after You have made all payments as scheduled.</td> <td>The total cost of Your purchase on credit is<br>$ N/A which includes Your downpayment of $ N/A.</td> </tr> <tr> <td>6.240%</td> <td>$ 3,790.04 e</td> <td>$10,821.69</td> <td>$ 14,611.73 e</td> <td></td> </tr> </table> Your Payment Schedule Will Be: <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> <th></th> <th></th> </tr> <tr> <td>119</td> <td>$ 121.77</td> <td>Monthly BEGINNING 11/03/2022</td> <td colspan="2"></td> </tr> <tr> <td>1</td> <td>$ 121.10 e</td> <td>Maturing 10/03/2032</td> <td colspan="2"></td> </tr> </table> Prepayment: If You pay off early You will not have to pay a penalty. Required Deposit: The Annual Percentage Rate does not take into account Your required deposit, if any. Demand: ☐ This obligation has a demand feature. ☐ All disclosures are based on an assumed maturity of one year. Property insurance: You may obtain property insurance from anyone You want that is acceptable to the Credit Union. If You get the insurance from the Credit Union You will pay $ Filing Fees $ 20.00 Non-Filing Insurance $ N/A Late Charge: If any payment or portion of payment you make is more than ten days past its due date, you will be charged the greater of $20.50 or 5.00% of the unpaid amount of the scheduled monthly payment. No late charge will be assessed on any payment when the delinquency is caused only by late fees assessed on earlier payments, and the payment received is otherwise a full payment. Security: Collateral securing other loans with the Credit Union may also secure this Loan. You are giving a security interest in Your shares and dividends and, if any, Your deposits and interest in the Credit Union; and the Property described below: <table> <tr> <th>Collateral</th> <th>Property/Model/Make</th> <th>Year</th> <th>I.D. Number</th> <th>Type</th> <th>Value</th> <th>Key Number</th> </tr> <tr> <td>J325 MIDNIGHT JACUZZI<br>MODEL#: ZB621YGDP4/ZB62XYHD4</td> <td></td> <td></td> <td></td> <td>N/A</td> <td>$ N/A</td> <td>N/A</td> </tr> <tr> <td></td> <td></td> <td></td> <td></td> <td>N/A</td> <td>$ N/A</td> <td>N/A</td> </tr> <tr> <td></td> <td></td> <td></td> <td></td> <td>N/A</td> <td>$ N/A</td> <td>N/A</td> </tr> </table> Other (Describe) Pledge of Shares $ 0.00 in Account No. $ 0.00 in Account No. Variable Rate: N/A See Your contract documents for any additional information about nonpayment, default, and any required repayment in full before the scheduled date. 9/20/2022 ITEMIZATION OF THE AMOUNT FINANCED ('e' means an estimate) <table> <tr> <th>Itemization of Amount Financed of</th> <th>Amount Given to You Directly</th> <th>Amount Paid on Your Account</th> <th>Prepaid Finance Charge</th> </tr> <tr> <td>$10,821.69</td> <td>$0.00</td> <td>$0.00</td> <td>$0.00</td> </tr> </table> Amounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk (*) We will be retaining a portion of the amount.) <table> <tr> <th></th> <th></th> <th></th> <th></th> </tr> <tr> <td>$20.00</td> <td>To LIEN FEE</td> <td>$0.00</td> <td>To</td> </tr> <tr> <td>$10,801.69</td> <td>To GALAXY HOME RECREATION</td> <td>$0.00</td> <td>To</td> </tr> <tr> <td>$0.00</td> <td>To</td> <td>$0.00</td> <td>To</td> </tr> <tr> <td>$0.00</td> <td>To</td> <td>$0.00</td> <td>To</td> </tr> <tr> <td>$0.00</td> <td>To</td> <td>$0.00</td> <td>To</td> </tr> <tr> <td>$0.00</td> <td>To</td> <td>$0.00</td> <td>To</td> </tr> <tr> <td>$0.00</td> <td>To</td> <td>$0.00</td> <td>To</td> </tr> </table> MILITARY LENDING ACT DISCLOSURES 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). Please call Us at 1-844-756-3767 to receive oral disclosures of the Military Lending Act disclosure above and a description of the payment obligation. A "Covered Borrower" for purposes of this loan means a consumer who, at the time the consumer becomes obligated on this loan, is a covered member or a dependent of a covered member as defined by the Military Lending Act. A Covered Borrower does not mean a consumer who (though a Covered Borrower at the time he or she became obligated on this transaction) no longer is a covered member or a dependent of a covered member as defined by the Military Lending Act. LOAN AGREEMENT In this Loan Agreement ("Agreement") all references to "Credit Union", "We", "Our" or "Us" mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "You" or "Your" mean each person who signs, or otherwise authenticates, this Agreement as a borrower. 1. PROMISE TO PAY - You promise to pay $10,821.69 to the Credit Union plus interest on the unpaid balance until what You owe has been repaid. For fixed rate loans, the interest rate is 6.240% per year. For step-rate loans, the initial interest rate will be N/A % until N/A and then the interest rate will be N/A % until the balance is repaid in full. For variable rate loans, the initial interest rate is N/A % per year and will vary as follows: N/A You will pay principal and interest by making payments each month. Your initial monthly payment will be in the amount of U.S. $121.77. You will make payments on the 3rd day of each month beginning on 11/03/2022. Subject only to the payment terms below, You will make these payments every month until You have paid all of the principal and interest and any other charges, described below, that You may owe under this Agreement. If, on 10/03/2032, You still owe amounts under this Agreement, You will pay all amounts in full on that date. Collection Costs: In the event of default, You are liable for and agree to pay reasonable costs of collection to the extent permitted by applicable law. You agree to pay reasonable expenses and costs We incur in realizing on the security interest, including, without limitation, repossession costs, court costs, fees for replovin bonds, export fees, storage costs, repair costs, preparation for sale expenses, filing costs, and selling costs. If You default and We refer Your debt to an attorney who is not one of Our salaried employees, You agree to pay reasonable attorney's fees in the amount of 15% of the unpaid debt. In the event of litigation or action to enforce Our rights, a court may award reasonable attorney's fees to a prevailing party in any transaction where such expenses and fees may be awarded in accordance with applicable law. 2. PAYMENTS - If you elect voluntary payment protection, we will include the premium or program fee in your payments. If you subsequently elect voluntary payment protection, we will either include the premium or program fee in your payments or extend the term of your loan. If the term is extended, you will be required to make additional payments of the scheduled amount, until what you owe has been paid. All prepayments will be applied first to accrued and unpaid fees and Finance Charge(s). Any language to the contrary notwithstanding, the balance of any prepayments may be applied, at the option of Lender, (i) to the final installments of the principal, beginning with the final installment, which may shorten the maturity of the loan or reduce the final payment or payments, (unless there is a missed payment) or (ii) to the prepayment of the next forthcoming installments of principal and interest, in order, which will not shorten the maturity of the loan or reduce any remaining payments. If you do not make payments exactly as scheduled, your final payment may be more or less than the amount of the final payment that is disclosed. You are allowed to prepay your loan balance and make monthly payments early without penalty; however, the "due date" for your next payment will not advance more than three (3) months. You are expected to make and continue to make and/or schedule a payment each month to meet the requirements of your loan agreement with us and to avoid default until your loan is paid in full. You promise to make all payments to the place we choose. If this loan refinances another loan we have with you, the other loan will be canceled and refinanced as of the date of this loan. Unless otherwise required by law, payments will be applied to amounts owed in the manner we choose. 3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to You, interest on this loan begins on the date the loan proceeds are mailed to You. 4. SECURITY FOR LOAN - This Agreement is secured by all property described in the "Security" section of the Truth in Lending Disclosure. Property securing other loans You have with Us also secures this loan, unless the property is a dwelling or otherwise prohibited by federal and/or state law. In addition to Your pledge of shares, We may also have what is known as a statutory lien on all individual and joint accounts You have with Us. A statutory lien means We have the right under federal and/or state law to claim an interest in Your accounts. Unless otherwise prohibited by federal and/or state law, We can enforce a statutory lien against Your shares and dividends and, if any, interest and deposits, in all individual and joint accounts You have with Us to satisfy any outstanding financial obligation that is due and payable to Us. We may exercise Our right to enforce this lien without further notice to You, to the extent permitted by law. *For all borrowers*: You pledge as security for this loan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts You have with the Credit Union now and in the future. The statutory lien and/or Your pledge will allow Us to apply the funds in Your account(s) to what You owe when You are in default. If a dollar amount and account number are listed in the "Security" section of the Truth in Lending Disclosure, You may not withdraw the amount that has been specifically pledged to secure this loan until the Credit Union agrees to release all or part of the pledged amount. The statutory lien and Your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. 5. DEFAULT - You will be in default under this Agreement if You do not make a payment of the amount required on or before the date it is due. You will be in default if You break any promise You made in connection with this loan or if anyone is in default under any security agreement made in connection with this Agreement. You will be in default if You die, file for bankruptcy, become insolvent (that is, unable to pay Your bills and loans as they become due), or if You made any false or misleading statements in Your loan application. You will also be in default if something happens that We believe may seriously affect Your ability to repay what You owe under this Agreement or if You are in default under any other loan agreement You have with Us. 6. ACTIONS AFTER DEFAULT - When You are in default, We may demand immediate payment of the entire unpaid balance under this Agreement. If We demand immediate payment, You will continue to pay interest at the rate provided for in this Agreement, until what You owe has been repaid. We will also apply against what You owe any shares and/or deposits given as security under this Agreement. We may also exercise any other rights given by law when You are in default. Unless You are a Covered Borrower under the Military Lending Act, You waive any right You have to receive demand for payment, notice of intent to demand immediate payment and notice of demand for immediate payment. 7. EACH PERSON RESPONSIBLE - Each person who signs, or otherwise authenticates, this Agreement will be individually and jointly responsible for paying the entire amount owed under this Agreement. This means We can enforce Our rights against any one of You individually or against all of You together. 8. LATE CHARGE - If You are late in making a payment, You promise to pay the late charge shown in the Truth in Lending Disclosure. If no late charge is shown, You will not be charged one. 9. DELAY IN ENFORCING RIGHTS - We can delay enforcing any of Our rights under this Agreement any number of times without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives. 10. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 11. NOTICES - Notices will be sent to You at the most recent address You have given Us in writing. Notice to any one of You will be notice to all. 12. USE OF ACCOUNT - You promise to use Your account for consumer (personal, family or household) purposes, unless the Credit Union gives You written permission to use the account also for agricultural or commercial purposes, or to purchase real estate. 13. NO ORAL AGREEMENTS -- THIS NOTE CONSTITUTES A "WRITTEN LOAN AGREEMENT" PURSUANT TO SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES. THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 14. The following is required by Vermont law: NOTICE TO COSIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. 15. NOTICE TO UTAH BORROWERS: This written Agreement is the final expression of the Agreement between You and the Credit Union. This written Agreement may not be contradicted by evidence of any oral agreement. 16. GOVERNING LAW - Unless otherwise required by applicable federal or state law, this Agreement is governed by Oklahoma state law. 17. ARBITRATION - For any disputes or claims arising out of this Agreement, all such disputes or claims will be handled in accordance with the Terms and Conditions of Your Account with Tinker Federal Credit Union. THE ARBITRATION OF CLAIMS AND DISPUTES AND CLASS ACTION WAIVER SECTION IN YOUR TERMS AND CONDITIONS OF YOUR ACCOUNT CONTAINS IMPORTANT INFORMATION REGARDING HOW DISPUTES WILL BE HANDLED ARISING OUT OF THIS AGREEMENT, INCLUDING A REQUIREMENT TO HANDLE DISPUTES THROUGH ARBITRATION AND GIVING UP YOUR RIGHT TO A JURY TRIAL OR ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE. This waiver will apply unless you are a Covered Borrower under the Military Lending Act or unless otherwise prohibited by law. 18. OTHER PROVISIONS - SECURITY AGREEMENT In this Security Agreement ("Agreement") all references to "Credit Union", "We", "Our" or "Us" mean the Credit Union whose name appears on this document and anyone to whom the Credit Union assigns or transfers this Agreement. All references to the "Loan" mean the loan described in the Loan Agreement that is part of this document. All references to "You" or "Your" mean any person who signs, or otherwise authenticates, this Agreement. 1. THE SECURITY FOR THE LOAN - You give Us what is known as a security interest in the Property described in the "Security" section of the Truth in Lending Disclosure that is part of this document ("the Property"). The security interest You give includes all accessions. Accessions are things which are attached to or installed in the Property now or in the future. The security interest also includes any replacements for the Property which You buy within 10 days of the Loan and any extensions, renewals or refinancings of the Loan. It also includes any money You receive from selling the Property or from insurance You have on the Property. If the value of the Property declines, You promise to give Us more property as security if asked to do so. 2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS - The security interest secures the Loan and any extensions, renewals or refinancings of the Loan. Unless prohibited by applicable law, the security interest also secures any other loans, including any credit card loan, You have now or receive in the future from Us and any other amounts You owe Us for any reason now or in the future, except any loan secured by Your principal dwelling. If the Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or Your principal dwelling, the Property will secure only this Loan and not other loans or amounts You owe Us. 3. OWNERSHIP OF THE PROPERTY - You promise that You own the Property or, if this Loan is to buy the Property, You promise You will use the Loan proceeds for that purpose. You promise that no one else has any interest in or claim against the Property that You have not already told Us about. You promise not to sell or lease the Property or to use it as security for a loan with another creditor until the Loan is repaid. You promise You will allow no other security interest or lien to attach to the Property either by Your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST - If Your state issues a title for the Property, You promise to have Our security interest shown on the title. We may have to file what is called a financing statement to protect Our security interest from the claims of others. You irrevocably authorize Us to execute (on Your behalf), if applicable, and file one or more financing, continuation or amendment statements pursuant to the Uniform Commercial Code (UCC) in a form satisfactory to Us. You promise to do whatever else We think is necessary to protect Our security interest in the Property. You also promise to pay all costs, including but not limited to any attorney fees, We incur in protecting Our security interest and rights in the Property, to the extent permitted by applicable law. 5. USE OF PROPERTY - Until the Loan has been paid off, You promise You will: (1) Use the Property carefully and keep it in good repair. (2) Obtain Our written permission before making major changes to the Property or changing the address where the Property is kept. (3) Inform Us in writing before changing Your address. (4) Allow Us to inspect the Property. (5) Promptly notify Us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. (7) Not retitle the Property in another state without telling Us. 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against loss and damage. The amount and coverage of the property insurance must be acceptable to Us. You may provide the property insurance through a policy You already have, or through a policy You get and pay for. You promise to make the insurance policy payable to Us and to deliver the policy or proof of coverage to Us if asked to do so. If You cancel Your insurance and get a refund, We have a right to the refund. If the Property is lost or damaged, We can use the insurance settlement to repair the Property or apply it towards what You owe. You authorize Us to endorse any draft or check which may be payable to You in order for Us to collect any refund or benefits due under Your insurance policy. If You do not pay the taxes or fees on the Property when due or keep it insured, We may pay these obligations, but We are not required to do so. Any money We spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and You will pay interest on those amounts at the same rate You agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor Our loans for the purpose of determining whether You and other borrowers have complied with the insurance requirements of Our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to Us and (2) the cost of determining compliance with the insurance requirements. If We add amounts for taxes, fees or insurance to the unpaid balance of the Loan, We may increase Your payments to pay the amount added within the term of the insurance or term of the Loan. 7. INSURANCE NOTICE - If You do not purchase the required property insurance, the insurance We may purchase and charge You for will cover only Our interest in the Property. The premium for this insurance may be higher because the insurance company may have given Us the right to purchase insurance after uninsured collateral is lost or damaged. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. 8. DEFAULT - You will be in default if You break any promise You make or fail to perform any obligation You have under this Agreement. You will also be in default under this Agreement if the Loan is in default. You will be in default if any Property You have given Us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the Property or Our security interest in it. 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When You are in default, We may demand immediate payment of the outstanding balance of the Loan without giving You advance notice and take possession of the Property. You agree the Credit Union has the right to take possession of the Property without judicial process if this can be done without breach of the peace. If We ask, You promise to deliver the Property at a time and place We choose. If the Property is a motor vehicle or boat, You agree that We may obtain a key or other device necessary to unlock and operate it, when You are in default. We will not be responsible for any other property not covered by this Agreement that You leave inside the Property or that is attached to the Property. We will try to return that property to You or make it available for You to claim. After We have possession of the Property, We can sell it and apply the money to any amounts You owe Us. We will give You notice of any public disposition or the date after which a private disposition will be held. Our expenses for taking possession of and selling the Property will be deducted from the money received from the sale. Those costs may include the cost of storing the Property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. If You have agreed to pay the Loan, You must pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the Loan and to what You owe under this Agreement. You agree to pay interest on that amount at the same rate as the Loan until that amount has been paid. 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - We can delay enforcing any of Our rights under this Agreement any number of times without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives. If We change the terms of the Loan, You agree that this Agreement will remain in effect. 11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 12. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for You to fail to return a motor vehicle that is subject to a security interest, within thirty days after You have received notice of default. The notice will be mailed to the address You gave Us. It is Your responsibility to notify Us if Your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000.00. ☐ The following notice applies ONLY when the box at left is marked. 13. 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. 14. OTHER PROVISIONS -Unless otherwise required by applicable federal or state law, this Agreement is governed by Oklahoma state law. For any disputes or claims arising out of this Agreement, all such disputes or claims will be handled in accordance with the Terms and Conditions of Your Account with Tinker Federal Credit Union. THE ARBITRATION OF CLAIMS AND DISPUTES AND CLASS ACTION WAIVER SECTION IN YOUR TERMS AND CONDITIONS YOUR ACCOUNT CONTAINS IMPORTANT INFORMATION REGARDING HOW DISPUTES WILL BE HANDLED ARISING OUT OF THIS AGREEMENT, INCLUDING A REQUIREMENT TO HANDLE DISPUTES THROUGH ARBITRATION AND GIVING UP YOUR RIGHT TO A JURY TRIAL OR ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE. SIGNATURES By signing, or otherwise authenticating, as Borrower, You agree to the terms of the Loan Agreement. If Property is described in the "Security" section of the Truth in Lending Disclosure, You also agree to the terms of the Security Agreement. If You sign, or otherwise authenticate, as "Owner of Property" You agree only to the terms of the Security Agreement. CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT [Signature] 9/20/2022 DEEREK F BRUSHWOOD [Signature] Date 09/19/2022 (Seal) Borrower 2 Signature Date 09/19/2022 (Seal) Signature Date 09/19/2022 (Seal) ☐ Borrower 3: ☐ Owner of Property ☐ Witness BORROWER 1 (Name & Address) DEREK F BRUSHWOOD 1400 W Blake St El Reno OK 73036 OWNER OF PROPERTY NAME AND ADDRESS Collateral Property/Model/Make Year I.D. Number J325 MIDNIGHT JACUZZI MODEL#: ZB621YGDP4/ZB62XYHD4 Other (Describe) Pledge of Shares $0.00 SECURITY AGREEMENT In this Security Agreement ("Agreement") all references to "Credit Union", "We", "Our" or "Us" mean the Credit Union whose name appears on this document and anyone to whom the Credit Union assigns or transfers this Agreement. All references to the "Loan" mean the loan described in the Loan Agreement that is part of this document. All references to "You" or "Your" mean any person who signs, or otherwise authenticates, this Agreement. 1. THE SECURITY FOR THE LOAN - You give Us what is known as a security interest in the Property described in the "Security" section of the Truth in Lending Disclosure that is part of this document ("the Property"). The security interest You give includes all accessions. Accessions are things which are attached to or installed in the Property now or in the future. The security interest also includes any replacements for the Property which You buy within 10 days of the Loan and any extensions, renewals or refinancings of the Loan. It also includes any money You receive from selling the Property or from insurance You have on the Property. If the value of the Property declines, You promise to give Us more property as security if asked to do so. 2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS - The security interest secures the Loan and any extensions, renewals or refinancings of the Loan. Unless prohibited by applicable law, the security interest also secures any other loans, including any credit card loan, You have now or receive in the future from Us and any other amounts You owe Us for any reason now or in the future, except any loan secured by Your principal dwelling. If the Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or Your principal dwelling, the Property will secure only this Loan and not other loans or amounts You owe Us. 3. OWNERSHIP OF THE PROPERTY - You promise that You own the Property or, if this Loan is to buy the Property, You promise You will use the Loan proceeds for that purpose. You promise that no one else has any interest in or claim against the Property that You have not already told Us about. You promise not to sell or lease the Property or to use it as security for a loan with another creditor until the Loan is repaid. You promise You will allow no other security interest or lien to attach to the Property either by Your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST - If Your state issues a title for the Property, You promise to have Our security interest shown on the title. We may have to file what is called a financing statement to protect Our security interest from the claims of others. You irrevocably authorize Us to execute (on Your behalf), if applicable, and file one or more financing, continuation or amendment statements pursuant to the Uniform Commercial Code (UCC) in a form satisfactory to Us. You promise to do whatever else We think is necessary to protect Our security interest in the Property. You also promise to pay all costs, including but not limited to any attorney fees, We incur in protecting Our security interest and rights in the Property, to the extent permitted by applicable law. 5. USE OF PROPERTY - Until the Loan has been paid off, You promise You will: (1) Use the Property carefully and keep it in good repair. (2) Obtain Our written permission before making major changes to the Property or changing the address where the Property is kept. (3) Inform Us in writing before changing Your address. (4) Allow Us to inspect the Property. (5) Promptly notify Us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. (7) Not retitle the Property in another state without telling Us. 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against loss and damage. The amount and coverage of the property insurance must be acceptable to Us. You may provide the property insurance through a policy You already have, or through a policy You get and pay for. You promise to make the insurance policy payable to Us and to deliver the policy or proof of coverage to Us if asked to do so. If You cancel Your insurance and get a refund, We have a right to the refund. If the Property is lost or damaged, We can use the insurance settlement to repair the Property or apply it towards what You owe. You authorize Us to endorse any draft or check which may be payable to You in order for Us to collect any refund or benefits due under Your insurance policy. If You do not pay the taxes or fees on the Property when due or keep it insured, We may pay these obligations, but We are not required to do so. Any money We spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and You will pay interest on those amounts at the same rate You agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor Our loans for the purpose of determining whether You and other borrowers have complied with the insurance requirements of Our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to Us and (2) the cost of determining compliance with the insurance requirements. If We add amounts for taxes, fees or insurance to the unpaid balance of the Loan, We may increase Your payments to pay the amount added within the term of the insurance or term of the Loan. 7. INSURANCE NOTICE - If You do not purchase the required property insurance, the insurance We may purchase and charge You for will cover only Our interest in the Property. The premium for this insurance may be higher because the insurance company may have given Us the right to purchase insurance after uninsured collateral is lost or damaged. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. 8. DEFAULT - You will be in default if You break any promise You make or fail to perform any obligation You have under this Agreement. You will also be in default under this Agreement if the Loan is in default. You will be in default if any Property You have given Us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the Property or Our security interest in it. 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When You are in default, We may demand immediate payment of the outstanding balance of the Loan without giving You advance notice and take possession of the Property. You agree the Credit Union has the right to take possession of the Property without judicial process if this can be done without breach of the peace. If We ask, You promise to deliver the Property at a time and place We choose. If the Property is a motor vehicle or boat, You agree that We may obtain a key or other device necessary to unlock and operate it, when You are in default. We will not be responsible for any other property not covered by this Agreement that You leave inside the Property or that is attached to the Property. We will try to return that property to You or make it available for You to claim. After We have possession of the Property, We can sell it and apply the money to any amounts You owe Us. We will give You notice of any public disposition or the date after which a private disposition will be held. Our expenses for taking possession of and selling the Property will be deducted from the money received from the sale. Those costs may include the cost of storing the Property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. If You have agreed to pay the Loan, You must pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the Loan and to what You owe under this Agreement. You agree to pay interest on that amount at the same rate as the Loan until that amount has been paid. 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - We can delay enforcing any of Our rights under this Agreement any number of times without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives. If We change the terms of the Loan, You agree that this Agreement will remain in effect. 11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 12. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for You to fail to return a motor vehicle that is subject to a security interest, within thirty days after You have received notice of default. The notice will be mailed to the address You gave Us. It is Your responsibility to notify Us if Your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000.00. ☐ The following notice applies ONLY when the box at left is marked. 13. 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. 14. OTHER PROVISIONS - Unless otherwise required by applicable federal or state law, this Agreement is governed by Oklahoma state law. For any disputes or claims arising out of this Agreement, all such disputes or claims will be handled in accordance with the Terms and Conditions of Your Account with Tinker Federal Credit Union. THE ARBITRATION OF CLAIMS AND DISPUTES AND CLASS ACTION WAIVER SECTION IN YOUR TERMS AND CONDITIONS YOUR ACCOUNT CONTAINS IMPORTANT INFORMATION REGARDING HOW DISPUTES WILL BE HANDLED ARISING OUT OF THIS AGREEMENT, INCLUDING A REQUIREMENT TO HANDLE DISPUTES THROUGH ARBITRATION AND GIVING UP YOUR RIGHT TO A JURY TRIAL OR ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE. SIGNATURES By signing, or otherwise authenticating, You agree to the terms of this Security Agreement. <table> <tr> <th>Owner of Property</th> <th>Date</th> </tr> <tr> <td>X</td> <td>09/19/2022<br>(Seal)</td> </tr> <tr> <th>Signature</th> <th>Date</th> </tr> <tr> <td>X</td> <td>09/19/2022<br>(Seal)</td> </tr> </table> <table> <tr> <th>Owner of Property</th> <th>Date</th> </tr> <tr> <td>X</td> <td>09/19/2022<br>(Seal)</td> </tr> <tr> <th>Signature</th> <th>Date</th> </tr> <tr> <td>X</td> <td>09/19/2022<br>(Seal)</td> </tr> </table> ☐ Owner of Property ☐ Witness UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT FILER (optional) WENDY MORRIS 405-319-2070 B. E-MAIL CONTACT AT FILER (optional) [email protected] C. SEND ACKNOWLEDGMENT TO: (Name and Address) Records Management and Support Tinker Federal Credit Union PO Box 45750 Tinker AFB, OK 73145 THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1. DEBTOR'S NAME: Provide only one Debtor name (1a or 1b) (use exact, full name, do not omit, modify, or abbreviate any part of the Debtor's name), if any part of the Individual Debtor's name will not fit in line 1b, leave all of item 1 blank, check here ___ and provide the Individual Debtor information in item 10 of the Financing Statement Addendum (Form UCC1Ad) <table> <tr> <th>1a. ORGANIZATION'S NAME</th> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <th>OR 1b. INDIVIDUAL'S SURNAME</th> <th>FIRST PERSONAL NAME</th> <th>ADDITIONAL NAME(S)/INITIAL(S)</th> <th>SUFFIX</th> </tr> <tr> <td>Brushwood</td> <td>Derek</td> <td>F</td> <td></td> </tr> <tr> <th>1c. MAILING ADDRESS</th> <th>CITY</th> <th>STATE</th> <th>POSTAL CODE</th> <th>COUNTRY</th> </tr> <tr> <td>1400 W Blake St</td> <td>El Reno</td> <td>OK</td> <td>73036</td> <td></td> </tr> </table> 2. DEBTOR'S NAME: Provide only one Debtor name (2a or 2b) (use exact, full name, do not omit, modify, or abbreviate any part of the Debtor's name), if any part of the Individual Debtor's name will not fit in line 2b, leave all of item 2 blank, check here ___ and provide the Individual Debtor information in item 10 of the Financing Statement Addendum (Form UCC1Ad) <table> <tr> <th>2a. ORGANIZATION'S NAME</th> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <th>OR 2b. INDIVIDUAL'S SURNAME</th> <th>FIRST PERSONAL NAME</th> <th>ADDITIONAL NAME(S)/INITIAL(S)</th> <th>SUFFIX</th> </tr> <tr> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <th>2c. MAILING ADDRESS</th> <th>CITY</th> <th>STATE</th> <th>POSTAL CODE</th> <th>COUNTRY</th> </tr> <tr> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> </table> 3. SECURED PARTY'S NAME (or NAME of ASSIGNEE of ASSIGNOR SECURED PARTY): Provide only one Secured Party name (3a or 3b) <table> <tr> <th>3a. ORGANIZATION'S NAME</th> <td>Tinker Federal Credit Union</td> <td></td> <td></td> <td></td> </tr> <tr> <th>OR 3b. INDIVIDUAL'S SURNAME</th> <th>FIRST PERSONAL NAME</th> <th>ADDITIONAL NAME(S)/INITIAL(S)</th> <th>SUFFIX</th> </tr> <tr> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <th>3c. MAILING ADDRESS</th> <th>CITY</th> <th>STATE</th> <th>POSTAL CODE</th> <th>COUNTRY</th> </tr> <tr> <td>PO Box 45750</td> <td>Tinker AFB</td> <td>OK</td> <td>73145</td> <td>USA</td> </tr> </table> 4. COLLATERAL: This financing statement covers the following collateral. J325 MIDNIGHT JACUZZI MODEL#:ZB621YGDP4/ZB62XYHD4 EXHIBIT B AFFIDAVIT STATE OF OKLAHOMA COUNTY OF OKLAHOMA ) SS. Tay Parker, 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 Derek F Brushwood not in the military. A copy is attached hereto. Signed under penalty of perjury, Parker Tay Parker Subscribed and sworn to before me this 19th day of February, 2026. Notary Public My Commission Expires: (SEAL) Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-7325 Birth Date: Last Name: BRUSHWOOD First Name: DEREK Middle Name: Status As Of: Feb-19-2026 Certificate ID: 67KWCDQDFDV1T1X2 <table> <tr> <th colspan="4">On Active Duty On Active Duty Status Date</th> </tr> <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> <tr> <td colspan="4">This response reflects the individuals' active duty status based on the Active Duty Status Date</td> </tr> </table> <table> <tr> <th colspan="4">Left Active Duty Within 367 Days of Active Duty Status Date</th> </tr> <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> <tr> <td colspan="4">This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date</td> </tr> </table> <table> <tr> <th colspan="4">The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date</th> </tr> <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> <tr> <td colspan="4">This response reflects whether the individual or his/her unit has received early notification to report for active duty</td> </tr> </table> 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, Space 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. 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. § 3901 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 (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. 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. § 3921(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. TFCU Tinker Federal Credit Union PO Box 45750, Tinker AFB, OK 73145 3C78 000608 T40 Derek F Brushwood 1400 W Blake St El Reno OK 73036-3144 June 1, 2023 Dear Derek F Brushwood: Could you use a little extra cash for debt consolidation, vacation or home improvement? Your excellent credit history with Tinker Federal Credit Union has earned you a pre-approved loan for $4,000 at a low fixed 11.95% Annual Percentage Rate (APR) for 48 months. Getting your cash is easy: ☐ Read and sign the Member's Signatures and Acknowledgement section below ☐ Remove and ENDORSE the check and deposit it into your checking or savings account at any financial institution ☐ Return this letter, with your signatures, to TFCU in the envelope provided ☐ Keep the Member's Copy for your records If you have any questions, please contact the TFCU Member Service Center at (405) 732-0324, option 6, or 1-800-456-4828, option 6. Sincerely, Krista Basinger Senior Vice President, Lending P.S. If you don't need money now, hold on to the check because it's good until July 15, 2023. If you do not intend to take advantage of this offer, please write "VOID" across the face of this check and destroy it. IMPORTANT: THIS OFFER IS VOID IF YOU DO NOT CURRENTLY HAVE AN OPEN ACCOUNT WITH TFCU. Acceptance of this loan offer is subject to the Loan Agreement and Disclosure Statement detailed on the reverse side of this letter; if you cash or deposit the check, you are obligated to the Loan Agreement and Loan Statement terms. (Note: This offer is not assignable or transferrable). MEMBER'S SIGNATURES AND ACKNOWLEDGEMENT By signing below: (i) I promise to pay TFCU the principal amount of this loan which is the amount of the check below, plus interest; (ii) I agree to the terms of the LOAN AGREEMENT AND DISCLOSURE STATEMENT provided on the reverse side of this letter; (iii) I acknowledge receipt of a copy of the LOAN AGREEMENT AND DISCLOSURE STATEMENT; and (iv) I agree to return this letter (including the Loan Agreement and Disclosure Statement) with my signature to TFCU. BY SIGNING BELOW, I GRANT TFCU ALL RIGHTS UNDER APPLICABLE FEDERAL AND STATE LAWS AND STATUTES TO TAKE AND OFFSET AMOUNTS FROM OTHER ASSETS I OWN IN THE EVENT OF ANY DEFAULT ON MY PART TO COVER MY DEFAULT, SUBJECT TO MY RIGHTS AS A COVERED BORROWER UNDER THE MILITARY LENDING ACT. TFCU RESERVES THE RIGHT TO REQUEST BORROWER TO PROVIDE COLLATERAL AS SECURITY FOR THIS LOAN. [Signature] Date EXHIBIT D LOAN AGREEMENT AND DISCLOSURE STATEMENT Based on your credit, you are approved for this non-transferable, non-assignable loan, subject to your creditworthiness, Tinker Federal Credit Union ("TFCU") loan guidelines, and lending criteria. This approval is valid for forty-five (45) days. PRESCREEN & OPT-OUT NOTICE: THIS "PRESCREEN" OFFER OF CREDIT IS BASED ON INFORMATION IN YOUR CREDIT REPORT INDICATING THAT YOU MEET CERTAIN CRITERIA. THIS OFFER IS NOT GUARANTEED IF YOU DO NOT MEET OUR CRITERIA (INCLUDING PROVIDING ACCEPTABLE PROPERTY AS COLLATERAL). IF YOU DO NOT WANT TO RECEIVE PRESCREENED OFFERS OF CREDIT FROM THIS OR OTHER COMPANIES, CALL THE CONSUMER REPORTING AGENCIES TOLL-FREE 1-888-5OPTOUT (1-888-567-8688), (1-888-567-8688) OR WRITE: TO EXPERIAN CONSUMER SERVICES, 901 WEST BOND ST., LINCOLN, NE 68521, 1-888-5OPTOUT (1-888-567-8688), WWW.EXPERIAN.COM; EQUIFAX INFORMATION SERVICES, LLC, P.O. BOX 740241, ATLANTA, GA 30374, 1-888-5OPTOUT (1-888-567-8688), WWW.EQUIFAX.COM; TRANSUNION,LLC,P.O.BOX97328,JACKSON,MS39288-7328,1-888-5OPTOUT(1-888-567-8688),WWW.TRANSUNION.COM. This Loan Agreement and Disclosure Statement ("Agreement") states your rights, responsibilities, and obligations for this loan, including any extensions, renewals, refinancing, and/or modifications of the loan or loan terms ("Loan"). In this Agreement: "you" and "your" means the person who signs the attached check ("Check"), "we", "us", and "our" means Tinker Federal Credit Union and its successors and assigns (collectively "TFCU"). The terms and conditions below and on the reverse side of this Agreement make up the entire Loan Agreement and Disclosure Statement; however, TFCU reserves the right to request and receive additional information and request you to sign additional documentation to secure TFCU's rights. TRUTH IN LENDING DISCLOSURES <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>Amount Financed<br>The amount of credit provided to you or on your behalf:</th> <th>Total of Payments<br>The amount you will have paid when you have made all scheduled payments:</th> </tr> <tr> <td>The cost of your credit as a yearly rate:<br>11.95%</td> <td>The dollar amount the credit will cost you:<br>$1,053.08 e</td> <td>$4,000.00 e</td> <td>$5,053.08 e</td> </tr> </table> YOUR PAYMENT SCHEDULE WILL BE: <table> <tr> <th>Number of Payments:</th> <th>Amount of Payments:</th> <th>When Payments are Due:</th> </tr> <tr> <td>48</td> <td>47 at $105.28 e<br>1 at $104.92 e</td> <td>The same day each month beginning with the date one month after the loan check clears through TFCU.</td> </tr> </table> Prepayment: If you pay off this Loan early, you will not have to pay a penalty. Late Charges: If any payment or portion of payment you make is more than ten (10) days past its due date, you will be charged the greater of $20.50 or 5% of the unpaid amount of the scheduled monthly payment. Subject to applicable laws and TFCU rights, no late charge will be assessed on any payment when the delinquency is caused solely by a late fee assessed on earlier payments, and the payment received would otherwise be a full payment under the terms of this Loan. Security: Unless you are a covered borrower under the Military Lending Act or as prohibited by applicable law, you are giving us an additional security interest in collateral that may be securing other loans with us. Contract Terms: You should refer to the Loan Agreement and Disclosure Statement and other contract documents for additional information about nonpayment, default, required repayment before the scheduled date, and prepayment limitations, refunds, and penalties. e = estimate Payments: You promise to make payments of the amount and at the time shown in the Truth in Lending Disclosures above until what you owe has been repaid. If you prepay part of what you owe, subsequent payments will remain due as scheduled. Your last payment will be the remaining principal balance plus accrued interest. You promise to make payments to us at the address we choose. You are allowed to prepay your loan balance and make monthly payments early without penalty; however, the "due date" for your next payment will not advance if more than ninety (90) days. You are expected to make and continue to make and/or schedule a payment each month to meet the requirements of your loan agreement with us and to avoid default until your loan is paid in full. If this loan refinances another loan we have with you, the other loan will be canceled and refinanced as of the date of this loan. Unless otherwise required by law, payments will be applied to amounts owed in the manner we choose. Interest: You agree to pay interest on the daily balance of the Loan, beginning on the day we receive the endorsed Check and until your Loan is repaid in full, including after default and acceleration. The interest will be computed on the basis of a 365-day year and the actual number of days elapsed. Payments will be applied to: other charges, interest and then principal. Nature of Your Responsibilities: We can enforce this Agreement against you or any of your heirs, executors, or legal representatives. You may not assign or transfer this agreement to anyone. We may assign or transfer this Agreement and the rights or obligations under this Agreement to anyone without your consent, although we will send you notice of an assignment or transfer, if we do. All checks must bear the original signature/endorsement of the person whose name appears on this offer, which is subject to verification by us. Returned Check Charge: If a check or other instrument you use to make a payment on this Agreement is returned to you unpaid for any reason, you agree to pay us a returned loan payment fee of $20.00 Security Agreement: Subject to you being a covered borrower under the Military Lending Act or as otherwise prohibited by applicable laws, you hereby grant us all rights to secure this Loan by a security interest to the extent created by this Loan and this Loan is cross-collateralized by personal property, which secures any debt you have with us now or later. You may assign any collateral secured by other loans you have with us, subject to you being a covered borrower under the Military Lending Act or as otherwise prohibited by applicable laws and your right of rescission. The security interest secures the Loan and any extensions, renewals, or refinancings of the Loan. Default and Remedies: You will be in default if (i) you fail to pay or keep any promise on this Loan, this Agreement, or any other loan or agreement you have with us, (ii) you die, file for bankruptcy, or become insolvent, (iii) you make any false or misleading statements in any statement of credit information, (iv) something happens which we believe may substantially reduce your ability to repay what you owe. If you default, we can require immediate payment of the entire unpaid principal balance of the Loan, without giving you advance notice (called "Accelerate"). If we Accelerate the Loan payment, you will continue to pay interest at the same interest rate until what you owe has been repaid in full. For a default under this Agreement, TFCU reserves all rights under the terms of this Agreement, other agreements with you for debts owed to TFCU, and under applicable laws. You acknowledge that we rely on the statutory right of offset, except as to excluded accounts. We can also exercise any other rights under applicable laws and statutes when you are in default. If you default on the Loan or this Agreement, you will be liable and will be required to pay all reasonable costs, expenses, and fees we may incur in connection with collecting any money you owe us for the Loan, including attorneys' fees up to fifteen percent of the amount in default or as provided by applicable state statute and applicable laws. Waivers: We can delay enforcing any of our rights any number of times without losing our rights. You hereby waive demand, presentation, protest, notice of dishonor, and notice of protest. Purpose: You represent and agree that the Loan will be used primarily for personal, family, or household purposes. Notices: Notices will be mailed to you at the most recent address you have given us in writing. We are not responsible for notices you fail to receive, for your failure to update any changes in your address and contact information with us. You may send us notices to: Tinker Federal Credit Union, P.O. Box 45750, TAFB, OK 73145. Applicable Law: This Agreement is governed by federal and Oklahoma laws, rules, regulations, and statutes. To the extent that federal law preempts state law, this Agreement is governed by federal law. If any provision of this Agreement conflicts with any existing or future law, it shall be deemed modified to the extent necessary to comply with such applicable law and the validity of the remaining terms shall not be affected. TCPA Consent: To ensure that you do not miss any important communications as part of your account and/or loan with us, your consent to contact you at the email and mobile number provided is needed. Consent is not required as part of your loan and you may opt-out of such contact at any time by selecting the “No” option below or at any time upon written notice to Tinker Federal Credit Union, P.O. Box 45750 Tinker AFB, Oklahoma 73145. BY SELECTING THE “YES” OPTION, YOU CONSENT TO TFCU, ITS AFFILIATES, AND PARTNERS CONTACTING YOU BY EMAIL, PHONE CALL, AND TEXT AT THE EMAIL ADDRESS AND MOBILE NUMBER PROVIDED FOR ANY REASON, INCLUDING PAYMENT INFORMATION, POSSIBLE FRAUD, SUSPICIOUS ACTIVITY, DATA SECURITY, POTENTIAL IDENTITY THEFT, MONEY TRANSFERS, MONEY WITHDRAWALS, COMMUNICATIONS ON YOUR ACCOUNTS AND LOANS, NOTIFICATION OF LATE PAYMENTS, MARKETING, AND/OR COLLECTION EFFORTS ON YOUR ACCOUNT OR LOAN. SUCH CONTACT MAY OCCUR THROUGH DIRECT DIAL, USE OF TEXT MESSAGE, PRE-RECORDED OR ARTIFICIALVOICE MESSAGE, AND/OR THE USE OF AN "AUTOMATED TELEPHONE DIALING SYSTEM" OR "AUTO-DIALER" CALL, DATA, AND/OR TEXT MESSAGING CHARGES MAY APPLY DEPENDING ON YOUR MOBILE SERVICE PLAN OR YOUR MOBILE PHONE CARRIER. YOU ARE RESPONSIBLE FOR ANY SUCH CHARGES. PLEASE MAKE YOUR SELECTION BY CHECKING THE APPROPRIATE BOX BELOW AND INDICATING YOUR CONSENT OPTION FOR RECEIVING COMMUNICATIONS, INCLUDING CALLS AND TEXTS VIA YOUR MOBILE DEVICE AND PROVIDE THE MOBILE NUMBER. ☑ YES, I GRANT PERMISSION TO BE CONTACTED BY CALL OR TEXT AT THE NUMBER PROVIDED ☐ NO, I DO NOT GRANT PERMISSION TO BE CONTACTED BY CALL OR TEXT AT THE NUMBER PROVIDED Standard text messaging and call rates apply. You are responsible for all charges from your mobile provider Signature Account Number Capture Date: 6/13/2023 Sequence #: 33597 Check #: 33597 Member #: [Information redacted] HiLo: [Information redacted] Amount: $4,000.00 Return Reason: [Information redacted] Return Date: [Information redacted] Derek F Brushwood 1400 W Blake St El Reno OK 73036-3144 TFCU Tinker Federal Credit Union June 1, 2023 Not Valid After July 15, 2023 Pay to the order of Derek F Brushwood $4,000.00 Four Thousand and 00/100 Dollars I authorize TFCU to deduct $105.28 each month ☐ TFCU checking account, or ☐ TFCU savings account, or ☐ I choose another payment method 405-618-2131 Member's Daytime Phone Number Krista Gastagnier Krista Gastagnier, Senior Vice President, Lending 06122023 03/31/25 DEREK F BRUSHWOOD 1400 W Blake St El Reno, OK 73036 Dear Derek: Thank you for taking advantage of our recent pre-approved loan offer. Our intention is to make your loan experience as convenient and pleasant as possible, while offering you the most competitive interest rates available. You have obtained a loan in the amount of $4,000.00 for 48 months with an annual percentage rate (APR) of 12.950%. Your monthly payments in the amount of $107.26 will begin on 04/30/25. As stated on the original pre-approved offer, you may set your payments up on automatic transfer directly from your TFCU account to your loan. Or, if you wish to mail your payments, our address is: Tinker Federal Credit Union, P.O. Box 45750, Tinker AFB, OK 73145-4750. You will receive a monthly statement outlining the details of your loan. Sincerely, MEMBER SERVICE CENTER (405) 732-0324 or 1-800-456-4828 ext. Capture Date Sequence # Check # Member # HI/Lo Amount Return Reason Return Date 3/28/2025 33509 $4,000.00 Derek F Brushwood 1400 W Blake St El Reno OK 73036-4314 TFCU Tinker Federal Credit Union March 3, 2025 Not Valid After May 31, 2025 Pay to the order of Derek F Brushwood $ 4,000.00 Four Thousand and 00/100 Dollars I authorize TFCU to deduct $107.26 e each month ☐ TFCU checking account, or ☐ TFCU savings account, or ☐ I choose another payment method Krista Louise Members Signature Date By endorsing this check, I acknowledge receipt of the enclosed Unscheduled and agree to pay the total of payments shown herein in full according to the foregoing dates. This check, with my signature, is attached to TFCU. 03272025