Commerce Bank v. Juan Aguirre

IN THE DISTRICT COURT OF LE FLORE COUNTY STATE OF OKLAHOMA Commerce Bank Assignee of Teeter Motor Company vs. JUAN AGUIRRE Defendant. Plaintiff, Case No.: CJ-26-57 PETITION ON DEFICIENCY COMES NOW Plaintiff, Commerce Bank Assignee of Teeter Motor Company, by and through its Attorneys, Berman & Rabin, P.A., and for its cause of action against Defendant, JUAN AGUIRRE ("Defendant"), states as follows: 1. Commerce Bank Assignee of Teeter Motor Company, is a legal entity organized pursuant to the law. 2. JUAN AGUIRRE is believed to reside in the County of LE FLORE. 3. JUAN AGUIRRE executed and delivered to Commerce Bank Assignee of Teeter Motor Company, or Plaintiff's assignor, (collectively "Plaintiff"), a contract, a copy of which is attached hereto, made part hereof and marked "Exhibit A". 4. The Defendant breached the contract by failing to pay one or more of the payments when due and is in default. 5. After the Defendant's default, Commerce Bank Assignee of Teeter Motor Company, elected to declare the entire unpaid balance due, as provided in the contract. 6. After the default, the collateral identified in the contract was either repossessed or voluntarily surrendered to Commerce Bank Assignee of Teeter Motor Company, or Plaintiff's agent. 7. Thereafter, a notice of intended sale of the collateral was mailed to the Defendant, a copy of which is attached hereto, made part hereof and marked "Exhibit B". 8. Thereafter, the collateral was sold at public auction or private sale. 9. Each and every aspect of the disposition of the collateral was commercially reasonable because: a. The collateral was sold at a regularly occurring sale of motor vehicles that was advertised. b. The collateral was sold at a time during the day when one would normally expect a sale to occur. c. The collateral was sold at a place where one would normally expect a sale to occur. 10. After sale of the collateral, a notice setting forth the surplus or deficiency was mailed to the Defendant, a copy of which is attached hereto, made part hereof and marked "Exhibit C". 11. Demand has been made upon the Defendant for payment thereof, but JUAN AGUIRRE has failed to pay Commerce Bank Assignee of Teeter Motor Company, the balance due in the amount of $13,804.50. Plaintiff's affidavit of account is attached hereto marked as "Exhibit D". WHEREFORE, Plaintiff, Commerce Bank Assignee of Teeter Motor Company, prays for judgment against Defendant, JUAN AGUIRRE, for the sum of $13,804.50, plus interest on any judgment rendered by this Court at the contractual rate of 6% per annum from the date of judgment, for all Court costs, and for such other and further relief this Court deems equitable, just and proper. In addition, pursuant to 40 O.S. Sec. 4-508(D), Plaintiff requests that, upon entry of judgment in favor of Plaintiff herein, an order be entered directing the Oklahoma Employment Security Commission to produce employment information of the Judgment Debtor from the records in their possession upon service of a certified copy of the Order within 120 days subsequent to the filing date of the Journal Entry of Judgment and Order. Respectfully submitted, BERMAN & RABIN, P.A. ______________________________ Crystal Griffin, OK #31460 PO Box 1382 Choctaw, OK 73020 (913) 649-1555 FAX (913) 652-9474 EMAIL: [email protected] ATTORNEY FOR PLAINTIFF ATTORNEY LIEN CLAIMED 843455-65 LLAW 553-AR-e 1/21 RETAIL INSTALLMENT SALE CONTRACT SIMPLE FINANCE CHARGE Buyer Name and Address (Including County and Zip Code) JUAN J AGUIRRE Co-Buyer Name and Address (Including County and Zip Code) N/A Seller - Creditor (Name and Address) TEETER MOTOR COMPANY ** 1512 WEST MOLINE MALVERN, AR 72104 You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements in this contract. You agree to pay the Seller - Creditor (sometimes "we" or "us" in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract. <table> <tr> <th>New/Used</th> <th>Year</th> <th>Make and Model</th> <th>Vehicle Identification Number</th> <th>Primary Use For Which Purchased</th> </tr> <tr> <td>Used</td> <td>2020</td> <td>Nissan Murano</td> <td>5N1AZ2BJ9LN105263</td> <td>Personal, family, or household unless otherwise indicated below<br>☐ business<br>☐ agricultural<br>☐ N/A</td> </tr> </table> FEDERAL TRUTH-IN-LENDING DISCLOSURES <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of your credit as a yearly rate.</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost you.</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 after you have made all payments as scheduled.</th> <th>Total Sale Price<br>The total cost of your purchase on credit, including your down payment of $__________ is $__________</th> </tr> <tr> <td>12.14 %</td> <td>$ 9,543.00</td> <td>$ 21,741.00</td> <td>$ 31,284.00</td> <td>$ 1,639.00 is $ 32,923.00</td> </tr> </table> Your Payment Schedule Will Be: (e) means an estimate <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>75</td> <td>$ 417.12</td> <td>Monthly beginning 11/12/2024</td> </tr> <tr> <td>N/A</td> <td>$ N/A</td> <td>N/A</td> </tr> </table> Late Charge. If payment is not received in full within ___10___ days after it is due, you will pay a late charge of $ ___1.00___ or ___5___ % of the part of the payment that is late, whichever is greater. Prepayment. If you pay early, you will not have to pay a penalty. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date and security interest. OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy a gap contract, the charge is shown in Item 4D of the Itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract. Term _______ 75 _______ Mos. I want to buy a gap contract. Buyer Signs X B CNAGAP Name of Gap Contract JUAN AGUIRRE ☐ VENDOR'S SINGLE INTEREST INSURANCE (VSI insurance): If the preceding box is checked, the Creditor requires VSI insurance for the initial term of the contract to protect the Creditor for loss or damage to the vehicle (collision, fire, theft, concealment, skip). VSI insurance is for the Creditor's sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VSI Insurance is obtained. If you elect to purchase VSI insurance through the Creditor, the cost of this insurance is $ ____N/A____ and is also shown in Item 4B of the Itemization of Amount Financed. The coverage is for the initial term of the contract. Buyer Signature XA N/A Co-Buyer Signature XA N/A Returned Check Charge: You agree to pay a charge of $ ____30.00____ plus the amount of any fees charged to us by any financial institution if any check you give us is dishonored or any electronic payment is returned unpaid. 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. The preceding NOTICE applies only to goods or services obtained primarily for personal, family or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract. ITEMIZATION OF AMOUNT FINANCED 1 Cash Price (including $___________0.00 sales tax) $___________18,600.00 (1) 2 Total Downpayment = Trade-In 2014 Nissan Rogue (Year) (Make) (Model) Gross Trade-In Allowance $___________5,000.00 Less Pay Off Made By Seller to FIRST NATIONAL $___________3,460.00 Equals Net Trade In $___________1,540.00 + Cash $___________99.00 + Other N/A $___________N/A + Other N/A $___________N/A + Other N/A $___________N/A (If total downpayment is negative, enter "0" and see 4J below) $___________1,639.00 (2) Unpaid Balance of Cash Price (1 minus 2) $___________16,961.00 (3) 3 Unpaid Balance of Cash Price (1 minus 2) $___________1,639.00 (2) $___________16,961.00 (3) 4 Other Charges Including Amounts Paid to Others on Your Behalf (Seller may keep part of these amounts): A Cost of Optional Credit Insurance Paid to Insurance Company or Companies Life $___________N/A Disability $___________N/A $___________N/A B Vendor's Single Interest Insurance Paid to Insurance Company $___________N/A C Other Optional Insurance Paid to Insurance Company or Companies $___________N/A D Optional Gap Contract $___________900.00 E Official Fees Paid to Government Agencies to N/A for N/A $___________N/A to N/A for N/A $___________N/A to N/A for N/A $___________N/A F Government Taxes Not Included in Cash Price $___________N/A G Government License and/or Registration Fees License Fee : $ 1.00 $___________1.00 N/A $___________1.00 H SERVICE AND HANDLING FEE A SERVICE AND HANDLING FEE IS NOT AN OFFICIAL FEE. A SERVICE AND HANDLING FEE IS NOT REQUIRED BY LAW BUT MAY BE CHARGED TO THE CUSTOMER FOR PERFORMING SERVICES AND HANDLING DOCUMENTS RELATING TO THE CLOSING OF A SALE OR LEASE. THE SERVICE AND HANDLING FEE MAY RESULT IN PROFIT TO THE DEALER. THE SERVICE AND HANDLING FEE DOES NOT INCLUDE PAYMENT FOR THE PREPARATION OF LEGAL DOCUMENTS. THIS NOTICE IS REQUIRED BY LAW. $___________129.00 I Government Certificate of Title Fees $___________N/A J Other Charges (Seller must identify who is paid and describe purpose) to FIRST NATIONAL for Prior Credit or Lease Balance $___________N/A to GS ADMINISTRATORS for Service Contract $___________3,750.00 to N/A for N/A $___________N/A to N/A for N/A $___________N/A to N/A for N/A $___________N/A to N/A for N/A $___________N/A to N/A for N/A $___________N/A to N/A for N/A $___________N/A to N/A for N/A $___________N/A to N/A for N/A $___________N/A to N/A for N/A $___________N/A Total Other Charges and Amounts Paid to Others on Your Behalf $___________4,780.00 (4) 5 Amount Financed (3 + 4) $___________21,741.00 (5) OPTION: □ You pay no finance charge if the Amount Financed, item 5, is paid in full on or before N/A , Year N/A . SELLER'S INITIALS N/A Insurance. You may buy the physical damage insurance this contract requires from anyone you choose subject to our approval of your choice as the law allows. You may also provide the physical damage insurance through an existing policy owned or controlled by you that is acceptable to us. Your choice of insurance providers will not affect the credit terms or our decision to sell or extend credit to you. You are not required to buy any other insurance to obtain credit unless the box indicating Vendor's Single Interest Insurance is required is checked on page 1 of this contract. If any insurance is checked below, policies or certificates from the named insurance companies will describe the terms and conditions. Check the Insurance you want and sign below: Optional Credit Insurance Credit Life: □ Buyer □ Co-Buyer □ Both Credit Disability: □ Buyer □ Co-Buyer □ Both Premium: Credit Life $___________N/A Credit Disability $___________N/A Insurance Company Name N/A Home Office Address N/A Credit life insurance and credit disability insurance are not required to obtain credit. Your decision to buy or not to buy credit life insurance and credit disability insurance will not be a factor in the credit approval process. They will not be provided unless you sign and agree to pay the extra cost. If you choose this insurance, the cost is shown in Item 4A of the Itemization of Amount Financed. Credit life insurance is based on your original payment schedule. This insurance may not pay all you owe on this contract if you make late payments. Credit disability insurance does not cover any increase in your payment or in the number of payments. Coverage for credit life insurance and credit disability insurance ends on the original due date for the last payment unless a different term for the insurance is shown below. Other Optional Insurance □ N/A N/A Type of Insurance Term Premium $___________N/A Insurance Company Name N/A Home Office Address N/A □ N/A N/A Type of Insurance Term Premium $___________N/A Insurance Company Name N/A Home Office Address N/A Other optional insurance is not required to obtain credit. Your decision to buy or not buy other optional insurance will not be a factor in the credit approval process. It will not be provided unless you sign and agree to pay the extra cost. I want the insurance checked above. X C N/A N/A Buyer Signature Date X C N/A N/A Co-Buyer Signature Date THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS. OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed. b. How we will apply payments. We may apply each payment to the earned and unpaid part of the Finance Charge, to the unpaid part of the Amount Financed and to other amounts you owe under this contract in any order we choose as the law allows. c. How late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Price shown on page 1 of this contract on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due. d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financed at any time without penalty. If you do so, you must pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment. 2. YOUR OTHER PROMISES TO US a. If the vehicle is damaged, destroyed, or missing. You agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed, or missing. b. Using the vehicle. You agree not to remove the vehicle from the U.S. or Canada, or to sell, rent, lease, or transfer any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we ask for it. c. Security Interest. You give us a security interest in: • The vehicle and all parts or goods put on it; • All money or goods received (proceeds) for the vehicle; • All insurance, maintenance, service, or other contracts we finance for you; and • All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts. This secures payment of all you owe on this contract. It also secures your other agreements in this contract. You will make sure the title shows our security interest (lien) in the vehicle. You will not allow any other security interest to be placed on the title without our written permission. d. Insurance you must have on the vehicle. You agree to have physical damage insurance covering loss of or damage to the vehicle for the term of this contract. The Insurance must cover our interest in the vehicle. You agree to name us on your insurance policy as an additional insured and as loss payee. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to buy physical damage insurance, we may either buy insurance that covers your interest and our interest in the vehicle, or buy insurance that covers only our interest. If we buy either type of insurance, we will tell you which type and charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on page 1 of this contract. If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle. 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late charges. You will pay a late charge on each late payment as shown on page 1 of this contract. Acceptance of a late payment or late charge does not excuse your late payment or mean that you may keep making late payments. If you pay late, we may also take the steps described below. b. You may have to pay all you owe at once. If you break your promises (default), we may demand that you pay all you owe on this contract at once. Default means: • You do not pay any payment on time; • You give false, incomplete, or misleading information during credit application; • You start a proceeding in bankruptcy or one is started against you or your property; or • You break any agreements in this contract. The amount you will owe will be the unpaid part of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because you defaulted. c. You may have to pay collection costs. If we hire an attorney to collect what you owe, you will pay the attorney's fee and court costs as the law allows. d. We may take the vehicle from you. If you default, we may take (repossess) the vehicle from you if we do so peacefully and the law allows it. If your vehicle has an electronic tracking device (such as GPS), you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement parts will stay with the vehicle. If any personal items are in the vehicle, we may store them for you. If you do not ask for these items back, we may dispose of them as the law allows. e. How you can get the vehicle back if we take it. If we repossess the vehicle, you may pay to get it back (redeem). We will tell you how much to pay to redeem. Your right to redeem ends when we sell the vehicle. f. We will sell the vehicle if you do not get it back. If you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle. We will apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs the law permits are also allowed expenses. If any money is left (surplus), we will pay it to you unless the law requires us to pay it to someone else. If money from the sale is not enough to pay the amount you owe, you must pay the rest to us. If you do not pay this amount when we ask, we may charge you interest at a rate not exceeding the highest lawful rate until you pay. g. What we may do about optional insurance, maintenance, service, or other contracts. This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, you agree that we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe. 4. WARRANTIES SELLER DISCLAIMS Unless the Seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. 5. Used Car Buyers Guide. 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. Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la ventanilla para este vehículo forma parte del presente contrato. La información del formulario de la ventanilla deja sin efecto toda disposición en contrario contenida en el contrato de venta. 6. SERVICING AND COLLECTION CONTACTS You agree that we may try to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and automatic telephone dialing systems, as the law allows. You also agree that we may try to contact you in these and other ways at any address or telephone number you provide us, even if the telephone number is a cell phone number or the contact results in a charge to you. 7. APPLICABLE LAW Federal law and the law of the state of Arkansas apply to this contract. Electronic Contracting and Signature Acknowledgment. You agree that (i) this contract is an electronic contract executed by you using your electronic signature, (ii) your electronic signature signifies your intent to enter into this contract and that this contract be legally valid and enforceable in accordance with its terms to the same extent as if you had executed this contract using your written signature and (iii) the authoritative copy of this contract ("Authoritative Copy") shall be that electronic copy that resides in a document management system designated by us for the storage of authoritative copies of electronic records, which shall be deemed held by us in the ordinary course of business. Notwithstanding the foregoing, if the Authoritative Copy is converted by printing a paper copy which is marked by us as the original (the "Paper Contract"), then you acknowledge and agree that (1) your signing of this contract with your electronic signature also constitutes issuance and delivery of such Paper Contract, (2) your electronic signature associated with this contract, when affixed to the Paper Contract, constitutes your legally valid and binding signature on the Paper Contract and (3) subsequent to such conversion, your obligations will be evidenced by the Paper Contract alone. NO COOLING OFF PERIOD State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract, you may only cancel it if the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales. 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. HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding. If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others. You authorize us to obtain information about you: or the vehicle you are buying, from the state motor vehicle department or other motor vehicle registration authorities. See the rest of this contract for other important agreements. NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights. You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You confirm that you received a completely filled-in copy when you signed it. Buyer Signs XE JUAN AGUIRRE Date 09/28/2024 Co-Buyer Signs XE N/A Date N/A Buyer Printed Name JUAN J AGUIRRE Co-Buyer Printed Name N/A If the "business" use box is checked in "Primary Use for Which Purchased": Print Name N/A Co-Buyers and Other Owners -- A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract. Other owner signs here XH N/A Address N/A Seller signs TEETER MOTOR COMPANY ** Date 09/28/2024 By X E Tony Harwood Title Finance P.O. Box 419248 Kansas City, MO 64141-6248 06/12/2025 NOTICE OF OUR PLAN TO SELL PROPERTY JUAN AGUIRRE Subject: Loan Number ending in: 0001 We have your 20 NISSAN MURANO 5N1AZ2BJ9LN105263 because you broke promises in our agreement. We will sell the 20 NISSAN MURANO 5N1AZ2BJ9LN105263 at a private sale sometime after 06/22/2025. A sale could include a lease or license. The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at 877-785-1393. If you want us to explain to you in writing how we may have figured the amount that you owe us, you may call us at 877-785-1393 (or write us at P.O. Box 419248, Kansas City, MO 64141-6248) and request a written explanation. If you need more information about the sale call us at 877-785-1393 or write us at P.O. Box 419248, Kansas City, MO 64141-6248. We are sending this notice to the following other people who have an interest in 20 NISSAN MURANO 5N1AZ2BJ9LN105263 or who owe money under your agreement: Commerce Bank will file an application for a repossessed title 10 days from the date of this letter. COMMERCE BANK Recovery Department (877) 785-1393 P.O. Box 419248 Kansas City, MO 64141-6248 08/12/2025 EXPLANATION OF CALCULATION OF DEFICIENCY JUAN AGUIRRE Subject: Loan Number ending in: 0001 Because you defaulted on your loan, we repossessed the 5N1AZ2BJ9LN105263 20 NISSAN MURANO securing the loan. We sold the 5N1AZ2BJ9LN105263 20 NISSAN MURANO on 07/25/2025. Following the sale, you owe us a deficiency. The amount of the deficiency as of the date of sale is: $13,755.55 Here is how we calculated that amount: Aggregate Amount Due to Lender as of the date of sale $22,259.82 Proceeds from sale $9,800.00 Net Amount Due to Lender after sale $12,459.82 Expenses of Sale Standard Bundled Vendor Fee for: $995.00 -Repossession -Storage Service -Title Service -Resale Fee/Repairs -Photo Service -Detail/Clean Up Service -Correspondence Service Additional Repossession Fee $0.00 Additional Transportation/Tow Fee $25.00 Additional Storage Expenses $0.00 Additional Legal Expenses $0.00 Additional Notification Fee $0.00 Additional Condition Report Fee $0.00 Additional Cleanup/Detail Fee $0.00 Additional Resale/Repair Fee $275.73 Additional Sales Fee $0.00 Additional Title Fee $0.00 Other $0.00 Total Expenses $1,295.73 Credits Credit Life Refund $0.00 Credit Disability Refund $0.00 Extended Warranty Refund $0.00 GAP Insurance Refund $0.00 Other $0.00 Total Credits $0.00 Deficiency as of the date of sale: $13,755.55 Future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the deficiency. If you have any questions or want additional information concerning the transaction or to request the amount of the deficiency and further information regarding how we calculated the deficiency, you can call us at (877) 785-1393 or you can write us at P.O. Box 419248, Kansas City, MO 64141-6248. COMMERCE BANK Recovery Department (877) 785-1393 01/05/2026 STATE OF MISSOURI COUNTY OF JACKSON AFFIDAVIT I hereby certify and affirm that I am a Recovery Collector of Commerce Bank. ( ) A sole proprietorship ( ) A partnership comprised of the following partners: ______________________________________________ ( ) A Limited Liability Company organized under and existing by virtue of the laws of the State of _______________________ (X) A Missouri Banking Corporation I further state that the claim and cause of action of the aforesaid against: JUAN J AGUIRRE Account Number: 33900103905650001 is in the total sum of $13,233.02 of which $10,749.21 is principal. I further certify that I am duly qualified and competent to testify to the matters stated herein, and authorized to make this Affidavit. I further state that the records of this account are maintained under my supervision, have been reviewed by the Affiant, and that the amount of the claim is just and true to the best of my personal knowledge, and that all just and lawful offsets, payments and credits have been allowed. Executed this 13 day of Jan, 26. Nick Petsche Signature Printed name of Affiant The foregoing Affidavit sworn to and subscribed before me this 13 day of Jan, 2026. Dana Elder Notary Public My Commission Expires: June 9, 2029 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR, IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE." IN THE DISTRICT COURT OF LE FLORE COUNTY STATE OF OKLAHOMA CIVIL COVER SHEET Please Print or Type - All Information Required TYPE OF CASE - CHECK ONE CIVIL CJ Over $10,000 CS $10,000 or less CV Miscellaneous - civil SC Small Claims - $5,000 or less SC Small Claims-FED $5,000 or less SC Small Claims-FED $5,001 to $10,000 TL Tax Lien FAMILY AND DOMESTIC AI Artificial Insemination FA Adoption FD Divorce FI Income Assignment FP Paternity FR Reciprocal FMI Miscellaneous PROBATE PB Probate PC Conservatorship PG Guardianship PMI Probate Miscellaneous PT Trust Proceedings FB Full Blood PRINCIPLE CAUSE OF ACTION (describe) breach of contract ATTORNEY INFORMATION: Party or Parties Represented by this Attorney PLAINTIFF Attorney Name Crystal Griffin Bar Number #31460 PO Box or Street Address PO BOX 1382 Name of Firm or Agency BERMAN & RABIN, P.A. City, State, Zip Choctaw, OK 73020 Phone (913) 649-1555 Fax (913) 652-9474 E-Mail Address [email protected] Other attorneys (co-counsel) Bar Number PLAINTIFF'S INFORMATION Full Name (Last, First, Middle) or Entity Name Commerce Bank Gender ☐ Female ☐ Male Mailing Address 15280 Metcalf Ave Physical (Street) Address Date of Birth Social Security Number City, State, Zip Overland Park KS 66223 Phone 913-649-1555 Cell Phone Driver’s License # Email Address [email protected] Maiden or any other name(s) used DEFENDANT INFORMATION Full Name (Last, First, Middle) or Entity Name JUAN AGUIRRE Gender ☐ Female ☐ Male Mailing Address 300 W AVENUE F Physical (Street) Address Date of Birth Social Security Number City, State, Zip HEAVENER OK 74937 Phone Cell Phone Driver’s License # Email Address Maiden or any other name(s) used SUMMONS INFORMATION Number of Summons to be Issued by Court Clerk Petition & Summons to be Served By ☐ Issued to Attorney X Process Server ☐ Sheriff County: ☐ Publication ☐ Registered/Certified Mail Civil Cover Sheet - Eff. November 1, 2017