Communication Federal Credit Union v. Darla A. Boswell a/k/a Darla Ann Boswell and Jeremy D. Boswell

IN THE DISTRICT COURT OF CARTER COUNTY STATE OF OKLAHOMA COMMUNICATION FEDERAL CREDIT UNION, Plaintiff, vs. DARLA A. BOSWELL a/k/a DARLA ANN BOSWELL and JEREMY D. BOSWELL, Defendants. Case No. CJ-2026-84 PETITION IN REPLEVIN FIRST CAUSE OF ACTION - REPLEVIN COMES NOW Plaintiff, Communication Federal Credit Union (hereafter “Plaintiff”), by and through counsel of record Joshua C. Greenhaw, Cara J. Bisel, and Breanne Stewart of Mee Hawkins Greenhaw & Cotner PLLP, and for its claims against Darla A. Boswell a/k/a Darla Ann Boswell and Jeremy D. Boswell, (hereafter referred to as “Defendants”), alleges and states: 1. On or about December 30, 2022, Defendants, for good and valuable consideration, executed and delivered to Plaintiff, a Closed-End Note, Disclosure, Loan and Security Agreement (hereafter the “Contract”), in the amount of $24,728.53. 2. As part of Contract, and to secure the payment of the amounts owed pursuant to said Contract, Defendants granted to Plaintiff, a security interest in a 2016 Chevrolet Tahoe (VIN: 1GNSCCKC4GR134404) (hereafter the “Vehicle”). A true and correct copy of the Contract is attached hereto as Exhibit “A”. 3. Plaintiff is the current owner and holder of the Contract and is the current creditor. 4. Under the terms of said Contract, Defendants agreed to make payments to Plaintiff as set out therein. 5. Defendants did not pay said Contract in accordance with the terms thereof and are in default. 6. Due to Defendants’ default, Plaintiff has declared the entire balance due under the terms of Contract in the principal amount of $18,404.75, together with interest in the amount of $814.35, plus interest continuing to accrue from and after January 9, 2026, at the contractual rate of 10.24% per annum, until paid, fees/charges in the amount of $60.00, costs of the action, and a reasonable attorneys’ fee, all as provided by the Contract. 7. Under the terms of Contract and under the Uniform Commercial Code, Plaintiff has a special interest in the Vehicle and the right to the immediate and permanent possession of said Vehicle. 8. Defendants may claim an interest in the Vehicle, but Plaintiff alleges that any interest claimed by Defendants is subject to and inferior to the interest of the Plaintiff in the Vehicle. 9. Upon information and belief, Defendants are in actual possession of said Vehicle, which Plaintiff believes is located in Carter County, Oklahoma. Defendants have not permitted Plaintiff to take possession thereof. 10. The actual value of said Vehicle is unknown to this Plaintiff, but Plaintiff believes the approximate value of said Vehicle to be $18,900.00. 11. The aforementioned Vehicle was not taken in execution on any order or judgment against said Plaintiff, or for the payment of any tax, fine or amercement assessed against it, or by virtue of an Order of Delivery issued, or any other mesne or final process issued against said Plaintiff. WHEREFORE, Plaintiff requests that the Court grant judgment for an Order of Delivery (Writ of Replevin) for the Plaintiff against the Defendants for the permanent possession of the Vehicle pursuant to 12 O.S. § 1583. Plaintiff further requests judgment decreeing that Plaintiff’s interest in said Vehicle is senior and prior to the interest of the Defendants in said property, for costs of the action, and a reasonable attorneys’ fee. Plaintiff further requests judgment pursuant to 12 O.S. § 1582 that, should the Defendants refuse to grant possession of the Vehicle to Plaintiff, the Sheriff of Carter County, or any other county in Oklahoma where the Vehicle may be found, shall be authorized to break open any property or enclosure in which the Vehicle is concealed after first demanding entry thereto. SECOND CAUSE OF ACTION – MONEY JUDGMENT For its second cause of action, Plaintiff alleges and adopts all statements made in its first cause of action, and in addition thereto, alleges and states: 12. Due to Defendants’ default, Plaintiff has declared the entire balance due under the terms of Contract in the principal amount of $18,404.75, together with interest in the amount of $814.35, plus interest continuing to accrue from and after January 9, 2026, at the contractual rate of 10.24% per annum, until paid, fees/charges in the amount of $60.00, costs of the action, and a reasonable attorneys’ fee, all as provided by the Contract. WHEREFORE, Plaintiff requests that the Court grant judgment pursuant to its second cause of action as follows: A money judgment for Plaintiff, against the Defendants, jointly and severally, in the sum of $18,404.75, together with interest in the amount of $814.35, plus interest continuing to accrue from and after January 9, 2026, at the contractual rate of 10.24\% per annum, until paid, fees/charges in the amount of $60.00, costs of the action, and a reasonable attorneys’ fee, all as provided by the Contract. Plaintiff further requests that any judgment herein be deemed a final judgment pursuant to 12 O.S. § 994 (OSCN 2026), and for any other relief to which it is entitled. Respectfully submitted, ____________________________________ BREANNE STEWART, OBA #35747 [email protected] CARA J. BISEL, OBA #31390 [email protected] JOSHUA C. GREENHAW, OBA #19111 [email protected] MEE HAWKINS GREENHAW & COTNER PLLP PO Box 1375 Oklahoma City, OK 73101 Telephone: (405) 646-6784 Facsimile: (405) 848-9101 ATTORNEYS FOR PLAINTIFF THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. VERIFICATION STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) I, Breanne Stewart, of lawful age, being first duly sworn, on this 6 day of March 2026, depose and say: That I am the attorney of the Plaintiff in the above-referenced cause; that I have read the above and foregoing Petition and have personal knowledge thereof; that I know the contents thereof and that the statements therein made are true and correct to the best of my knowledge and belief. I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. BREANNE STEWART Communication Federal Credit Union 4141 NW Expressway, Suite 200 Oklahoma City, Oklahoma 73116 (405) 879-5600 CLOSED-END NOTE, DISCLOSURE, LOAN AND SECURITY AGREEMENT DATE OF LOAN: 12/30/2022 MATURITY DATE: 2-28-2029 BORROWER Darla A Boswell CO-BORROWER LOAN OFFICER BORROWER'S ACCOUNT NO. BorROWER'S DATE OF BIRTH CO-BORROWER'S ACCOUNT NO. CO-BORROWER'S DATE OF BIRTH CO-SIGNER OR GUARANTOR Jeremy D Boswell CO-SIGNER OR GUARANTOR ANNUAL PERCENTAGE RATE: The cost of your credit as a yearly rate. 10.240 % FINANCE CHARGE: The dollar amount the credit will cost you. $ 9,118.59 Amount Financed: The amount of credit provided to you or on your behalf. $ 24,728.53 Total of Payments: The amount you will have paid after you have made all payments as scheduled. $ 35,607.71 Your payment schedule will be: <table> <tr> <th>NUMBER OF PAYMENTS</th> <th>AMOUNT OF PAYMENTS</th> <th>1ST PAYMENT DUE</th> <th>PAYMENTS ARE DUE</th> </tr> <tr> <td>71</td> <td>$ 500.00</td> <td></td> <td></td> </tr> <tr> <td>1</td> <td>$ 107.71</td> <td>3-30-2023</td> <td>Monthly</td> </tr> </table> Security: You are giving a security interest in your shares and deposits in the credit union, as well as the collateral described below. Collateral for other loans with us will also secure this loan, except for your home and household goods. Late Charges: If a payment is late by 15 days or more, you will be charged $15.00. Property Insurance: You may obtain property insurance from anyone you want that is acceptable to the credit union. Filing Fees: $ Prepayment: If you pay off early, you will not have to pay a penalty. "e" means estimate. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. ITEMIZATION OF AMOUNT FINANCED OF $ 24,728.53 Amount Paid to Others on Your Behalf (Describe) AMOUNT PAID TO YOU DIRECTLY $ GAP To: (a portion will be retained by us) MBP To: (a portion will be retained by us) To: $ 0.00 1,760.59 TO: LifePlus Joint To: $ SECURITY INFORMATION Security: You give us a security interest in the collateral described below to secure this debt and all other debts now or hereafter owed, including all debts incurred by credit cards and overdrafts. See Security Agreement for important terms governing this security interest and the collateral described. <table> <tr> <th rowspan="3">MOTOR VEHICLES:</th> <th>YEAR<br>2016</th> <th>MAKE<br>Chevrolet</th> <th>MODEL<br>Tahoe</th> <th>BODY TYPE<br>Utility 4D LTZ 5.3L V8</th> <th>SERIAL NUMBER<br>1GNSCCKC4GR134404</th> </tr> <tr> <th>YEAR</th> <th>MAKE</th> <th>MODEL</th> <th>BODY TYPE</th> <th>SERIAL NUMBER</th> </tr> <tr> <th>YEAR</th> <th>MAKE</th> <th>MODEL</th> <th>BODY TYPE</th> <th>SERIAL NUMBER</th> </tr> </table> SHARES PLEDGED: ACCOUNT NUMBER $ | ACCOUNT NUMBER | AMOUNT $ OTHER COLLATERAL: BORROWER'S NAME: Darla A Boswell ACCOUNT NUMBER LOAN NUMBER DATE OF LOAN: 12/30/2022 IMPORTANT DISCLOSURES FOR ACTIVE MEMBERS OF THE MILITARY AND THEIR DEPENDENTS: The following applies if at the time of this loan you are a member of the military or a dependent (as those terms are defined in the Military Lending Act, 10 U.S.C. 987 and its implementing regulations), and: (a) your loan is unsecured or secured by personal property or a vehicle that you did not purchase with the proceeds of the loan; or (b) this loan is made for the purchase of a vehicle or personal property, and you also receive additional "cash out" financing (e.g., to pay off negative equity on a trade-in or you otherwise receive additional cash). 1. NOTICE: 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 35 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums or debt protection fees; 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). To receive this notice verbally, please call 1-844-666-3694 24 hours a day, 7 days a week. 2. This loan will not be secured by a consensual lien on shares or deposits in any of your accounts unless you specifically agree to establish an account in connection with this loan ("Secured Account"). Only funds deposited into the Secured Account after the loan is made will secure this loan. Any cross-collateralization provision contained in your loan or membership documents will not apply to the Secured Account or your other share or deposit accounts for any loan subject to the Military Lending Act. However, with regard to this loan, we still reserve our statutory lien rights and any resulting rights to set-off or administrative freeze under federal or state law, which gives us the right to apply the sums in the Secured Account or any other account(s) you have with us to satisfy your obligations under this loan. Any contract terms in your loan, security, or membership agreements that contradict the above with regard to this loan are hereby deleted. 3. This loan is not subject to mandatory arbitration and therefore any reference to mandatory arbitration in this Loan Agreement and Security Agreement shall not apply to this loan. 4. If you are a Louisiana resident, the Louisiana-specific provisions contained in the Security Agreement do not apply to this loan. IN THESE AGREEMENTS, THE WORDS "I," "ME," "MY" AND "MINE" MEAN ALL THOSE NAMED AS BORROWERS. THE WORDS "YOU," "YOUR" AND "YOURS" MEAN THE CREDIT UNION. LOAN AGREEMENT Promise to Pay/Finance Charges: For value received, I promise to pay, at your office, all amounts due. All payments shall be made pursuant to the disclosure statement on page 1 of this document. I understand that the finance charge and total of payments shown on page 1 of this document are based on the assumption that all installment payments will be made on the scheduled due dates. If I fail to pay any installment by the time it is due, I will pay additional interest on the overdue amount. Allocation of Payments and Additional Payments: Payments and credits shall be applied in the following order: collection costs; late fees; any amounts past due; any fees or charges owing, including any fees or premiums for additional products purchased; accrued interest or finance charges; unpaid principal balance. Payments made in addition to regularly scheduled payments shall be applied in the same order. Unpaid interest is paid by later payments and is not added to my unpaid principal balance. Late Charges: If I make a late payment, I agree to pay a late charge if one is disclosed on page 1 of this document. Borrower Responsibility: I promise to notify you of any change in my name, address or employment. I promise not to apply for a loan if I know there is a reasonable probability that I will be unable to repay my obligation according to the terms of the credit extension. I promise to inform you of any new information which relates to my ability to repay my obligation. I promise not to submit false or inaccurate information or willfully conceal information regarding my creditworthiness, credit standing, or credit capacity. Delay in Enforcement: You may delay enforcing any of your rights under this agreement without losing them. Irregular Payments: You may accept late payments or partial payments, even though marked "payment in full," without losing any of your rights under this agreement. Co-Borrowers: If I am signing this agreement as a co-borrower, I agree to be equally responsible with the borrower, but you may sue either or both of us. You do not have to notify me that this agreement has not been paid. You may extend the terms of payment and release any security without notifying or releasing me from responsibility on this agreement. Co-Signer or Guarantor: If I am signing this agreement as co-signer or guarantor, I waive any right I may have to require the Credit Union to attempt collection of this account from the principal borrower first. I agree to be equally and severally responsible with the principal borrower for all advances and charges on this account. I understand that the Credit Union may elect to collect on this account from me first in the event of any default. I understand that all the terms of this agreement apply to me as well as the principal borrower and I waive any requirement that I be notified of changes in the terms of this agreement. I also agree to abide by the terms of the Notice to Co-signer and Guaranty Agreement. Governing Law: These agreements shall be construed and enforced in accordance with the laws of the State of Oklahoma. If I have entered into a mandatory arbitration agreement in connection with this loan; if any provisions within this Agreement pertaining to jurisdiction and venue are inconsistent with the arbitration agreement, the arbitration agreement will govern. Change in Terms: The terms of this Closed-end Note, Disclosure, Loan & Security Agreement, including any fees disclosed, are subject to change without prior notice, subject to applicable law. SECURITY AGREEMENT Security Interest: By signing this agreement and receiving the benefits of my loan described on page 1, I grant the Credit Union a security interest in the property described on page 1 of this document, and all present and future shares I have in any account in the Credit Union in which I have an interest. The security interest includes all increases, substitutions and additions to the secured property, proceeds from any insurance on the secured property and all earnings received from the secured property. The security interest also 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 I buy within 10 days of the loan or any extensions, renewals or refinancing of the loan. Lien on Accounts and Multiple Rights: I understand that, in addition to a security interest in tangible goods or property in connection with this loan, the Credit Union has multiple rights in my share or deposit accounts with the Credit Union and that, by signing this Agreement, I agree to the following: (1) CONTRACTUAL PLEDGE OF SHARES: I GRANT A SECURITY INTEREST IN, AND PLEDGE ALL MY SHARES AND DEPOSITS IN THE CREDIT UNION, INCLUDING FUTURE ADDITIONS, AS SECURITY FOR THIS LOAN. (2) Statutory Liens and Right to Set Off: I specifically agree that federal and state law, including but not limited to 12 USC 1757 and 12 CFR 701.39 and Oklahoma Statutes Title 6, section 2006(12), gives you a statutory lien and a commonlaw right to "set off" my obligations if I default by applying the funds in any of my Credit Union accounts as set forth in subparagraph (4) below. (3) Administrative Freeze: I specifically agree that you have the right to place an administrative freeze on any of my joint or individual accounts and that such action shall not violate 11 USC 352 or other applicable law. (4) Pursuant to any or all of the above-mentioned rights, if I default or fail to pay any obligation owed to you, you may prohibit me from withdrawing all shares or deposits in any and all of my individual or joint accounts and are authorized to apply all of those shares and deposits to the payment of all sums due at the time of default, including costs of collection and reasonable attorney's fees. You may exercise these rights without any legal proceeding, court proceeding or any notice to any owner of the account(s) affected hereunder or otherwise affected under this Agreement. These rights apply to all accounts regardless of the source of the funds or any owner's contributions, and apply to all obligations to the credit union, now or in the future, whether direct, indirect, contingent or secondary. However, no lien, right to impress such lien, or pledge of shares shall apply to any shares held in an "Individual Retirement Account" or "Keogh Plan". Cross-Collateralization: I hereby grant a security interest to the Credit Union in all assets and collateral separately pledged to the Credit Union as collateral for this, or any loan transaction. I further agree that any security interest granted to secure this loan shall also secure any other indebtedness that I may now have or may have in the future with the Credit Union INCLUDING ALL DEBTS INCURRED BY CREDIT CARDS AND OVERDRAFTS. To further secure the payment of this loan and all other indebtedness to the Credit Union now owed or hereafter owed by me, whether or not said indebtedness was intended to be secured, I grant a security interest to the Credit Union in all assets of whatever nature and kind that are pledged hereby as collateral for this loan. This cross collateral provision does not include my dwelling or non-purchase money household goods. BORROWER'S NAME Darla A Boswell ACCOUNT NUMBER DATE OF LOAN 12/30/2022 IN THESE AGREEMENTS, THE WORDS "I," "ME," "MY" AND "MINE" MEAN ALL THOSE NAMED AS BORROWERS. THE WORDS "YOU," "YOUR" AND "YOURS" MEAN THE CREDIT UNION. Release of Lien: You will not release any lien on any collateral under this Note if I am delinquent on, or in default on, any other loan I have with you. For example, if I am in default on a line of credit, you will not release your lien on a vehicle loan, even if the vehicle loan is current or paid in full. Protection of the Collateral: I agree that: (1) I will not change the location of, give away, sell, encumber, lease, rent, transfer or otherwise dispose of the collateral unless I have the credit union's prior written consent. (2) I will use the loan proceeds to purchase the collateral or that I have good title to the collateral, free of all security interests, liens or encumbrances except that given to the credit union and except for any interests of a non-borrower owner of which I have informed the credit union. I warrant that title to the collateral shall be registered in the name only of such borrower(s) who sign this agreement and application for such title shall request that a notice of lien in favor of the Credit Union shall be endorsed upon the certificate of title. (3) I will not use or permit anyone to use the property in violation of this agreement or any statute, regulation or ordinance, or any policy of insurance covering the collateral and further agree to preserve, maintain and keep the property in good condition and housed in suitable shelter. (4) I will promptly pay all taxes, assessments, liens or other encumbrances against or attached to the collateral either now or in the future. If I fail to do so, the Credit Union may, but does not have to, pay these amounts. If the Credit Union pays these amounts, the amounts will be added to the loan, the monthly payment will increase to cover these amounts, and finance charges will accrue at the contract rate. (5) I will do all that is necessary to help the credit union obtain, perfect, and protect its security interest in the collateral, including but not limited to, executing all endorsements, assignments, financing statements, or other writings that are required to protect the credit union's security interest and priority in the collateral. (6) I will promptly produce the collateral for the credit union's inspection at any reasonable time in any reasonable manner upon demand by the credit union. Additional Collateral: Should you feel at any time that the collateral presented has diminished in value, or for any reason feel that additional collateral is required, I agree to assign to you within ten (10) days whatever additional collateral you feel is necessary to protect yourself against possible loss. Perfection of Security Interest; Increase in Rate; Fee; Default: If I fail to perfect your lien, you may take the necessary steps to do so and charge me a filing fee. This fee will be in the amount charged by the state and will be added to my loan balance. If you are unable to perfect your lien on the collateral pledged for any loan, or the value of the collateral deteriorates significantly, that loan may be treated as a signature loan under a line of credit for the purpose of determining the Interest Rate, and the Interest Rate shall increase to the highest signature loan rate in effect at that time. My minimum monthly payment shall also increase accordingly. You may also consider the loan to be in default and can call the loan immediately due and payable, in which case I must pay the entire amount due in one lump sum. The loan while in default will bear interest at the highest rate allowed by law. Default; Remedies: Credit Union may declare default and exercise its remedies as follows: The following provision applies to Oklahoma borrowers: I understand I am in default if I fail to make any payment on time; (2) in the event of my death; (3) in the event of my insolvency or the filing of any request for relief under the bankruptcy code by or against me; (4) if I am the subject of any legal process that seeks to attach my Credit Union account, any of my property or rights; (5) if I have given the Credit Union false or inaccurate information in obtaining a loan or any other Credit Union service; (6) if I do any act or fail to do any act that the Credit Union believes endangers the collateral, if any, or my ability to repay what I owe, including, but not limited to, leaving my current employment; (7) if I break any promise I have made under this or any other agreement with the Credit Union; (8) if I use the collateral in any illegal activity; and (9) if I fail to obtain or maintain the required property insurance, or if I fail to pay all taxes when due. In the event of default, I understand that the decision to take action is the sole discretion of the Credit Union and that the failure to act on one default will not stop action on another. I further agree that the Credit Union does not have to provide me advance notice before taking action on any default, unless required to do so by applicable law. If I am in default, the Credit Union may require that I deliver the collateral to it at a time and place of its choosing. I agree that the Credit Union can take possession of the collateral without judicial process, and I authorize a right of entry for that purpose and said repossession may occur without giving me advance notice except when notice is expressly required by applicable law. This agreement, the Uniform Commercial Code, and other applicable law authorize the Credit Union to take various actions; and the Credit Union may rely on any or all of those sources. The Credit Union may also file suit to recover the collateral and/or collect what I owe. If the Credit Union incurs any expenses in taking these actions, or in protecting its rights to the collateral, I agree to reimburse the Credit Union and pay all costs of collection, including court cost and attorney fees. If the Credit Union repossesses the collateral, I promise to also pay for the actual and reasonable out-of-pocket expenses incurred by the Credit Union in connection with the repossession or foreclosure, including costs of storing, reconditioning, and reselling the collateral. The Credit Union is not responsible for any personal property left in the collateral; however, you will make a good faith effort to return my property. In the event of sale of collateral I shall be responsible for any deficiency and pay such deficiency on demand. Any disposition of the collateral will be in accordance with the procedures set by the Uniform Commercial Code. No waiver by the Credit Union of any default shall operate as a waiver of any other default or of the same default on a future occasion. All rights of the Credit Union hereunder shall inure to the benefit of its successors and assigns. The following provision applies to borrowers in Idaho, Kansas, and Maine: I will be in default if (1) I do not make a payment of the required amount when due; or (2) you believe the prospect of payment, performance, or realization on any property given as security is significantly impaired. The following provision applies to borrowers in Wisconsin: I shall be in default under this Agreement if any of the following occur: (a) If an amount exceeding one (1) full payment due under this Agreement is more than ten ('10) days late or if the first or last payment due under this Agreement is more than forty (40) days late; OR (b) I breach any term or condition of this Agreement, which breach materially impairs my ability to pay amounts when due or materially impairs the condition, value, or protection of your rights to or in any collateral securing this transaction. The following provision applies to all other borrowers: I shall be considered in default if any of the following occur: (1) If I break any promise made under this Loan Agreement or under the Security Agreement; or (2) if I do not use the money you loaned me for the purpose stated in my application; or (3) if you should, in good faith, believe that prospect of payment, performance or realization of the collateral, if any, is impaired; or (4) if I die; or (5) if I file a petition in bankruptcy, insolvency, or receivership or am put involuntarily into such proceedings; or (6) if the collateral, if any, given as security for this loan is lost, damaged or destroyed, or if it is levied against, attached, garnished, or seized for any reason under any authority; or (7) if I do not pay on time any of my current or future debts to you; or (8) if anyone is in default of any security agreement given in connection with any loan under this Note; or (9) if I make any false or misleading statements in any credit application or update of credit information; or (10) I am in default of any other loan or security agreement I have with the Credit Union; or (11) I use the Note for any illegal purpose or transaction as determined by applicable law. If I default, you may, at your option, declare this loan immediately due and payable, and I must immediately pay to you at that time the total unpaid balance, as well as the Finance Charge to date, any late charges and costs of collection permitted under law, including reasonable attorney's fees. Costs of Collection: I shall pay all costs incurred by you in collecting any amount I owe or in enforcing or protecting your rights. Costs of collection include, but are not limited to, collection agency fees, repossession fees, appraisals, environmental site assessments, and casualty insurance. The following applies to all borrowers except Wisconsin borrowers: Costs of collection also include reasonable attorney's fees for any action taken by an attorney who is not your salaried employee in order to collect this loan or preserve or protect your rights and remedies, including, without limitation, pre-suit demands for payment, pre-suit mediation or settlement negotiations, investigation and assessment of your rights, participation in bankruptcy cases, matters, and proceedings (including, without limitation, filing proofs of claim, pursuing reaffirmation agreements, attending meetings of creditors, and pursuing complaints, motions, and objections that relate in any way to the credit union's collateral or right to payment), collateral disposition, non-bankruptcy suits and/or administrative actions, and appeals. For Alabama borrowers: attorneys fees after default shall not exceed 15% of the unpaid debt, or such higher amount as a court may allow. For Georgia borrowers: attorneys fees shall not exceed 15% of principal and accrued interest, or such higher amount as a court may allow. BORROWER'S NAME Darla A Boswell IN THESE AGREEMENTS, THE WORDS "I," "ME," "MY" AND "MINE" MEAN ALL THOSE NAMED AS BORROWERS. THE WORDS "YOU," "YOUR" AND "YOURS" MEAN THE CREDIT UNION. The following provision applies to borrowers in Colorado, District of Columbia, Kansas, Maine, Massachusetts, Missouri, Nebraska, and West Virginia: Once I have defaulted, and after the expiration of any right I may have under applicable state law to cure my default, you can demand immediate payment of the entire unpaid balance of the loan without giving me advance notice. The principal balance in default shall bear interest at the contract rate, or a default rate if one has been disclosed to me, or another rate if required by applicable law. The following provisions applies to borrowers in Wisconsin: Right to Cure Default: If I am in default under this Agreement, you must give a notice of default to me pursuant to Wisconsin Statutes sec. 425.104 - 425.105. I shall have fifteen (15) calendar days from the date the notice is mailed to me to cure the default. In the event of an uncured default, you shall have all the rights and remedies for default provided under the Wisconsin Consumer Act, Uniform Commercial Code, or other applicable law, including, but not limited to, the right to repossess the collateral. You may waive any default without waiving any other subsequent or prior default by me. No Right To Cure: Pursuant to Wis. Stat. Sec. 425.105(3), I shall not have the right to cure a default if the following occur twice during the preceding twelve (12) months: (a) I was in default on the closed-end note; (b) You gave me notice of the right to cure such previous default in accordance with Wis.Stat.Sec. 425.104; and (c) I cured the previous default. Nothing in this Agreement shall be construed to restrict your ability to exercise your rights under the Wisconsin Consumer Act, Uniform Commercial Code, or other applicable law, including, but not limited to, the right to repossess the collateral. The following provision applies to borrowers in all other states: Once I have defaulted, you may, at your option, declare all amounts under the Note immediately due and payable, and I must immediately pay to you at that time the total unpaid balance, as well as the Finance Charge to date, any late charges and costs of collection permitted under law, including reasonable attorney's fees. The principal balance in default shall bear interest at the contract rate. Entire Balance Due: If I default, all of my obligations under this contract are due immediately without receiving any advance notice. I waive presentment, demand, protest or notice of protest and any notice that the Credit Union is demanding payment in full of the entire outstanding balance under the contract because of default or for any other reason. If the Credit Union accepts any payment of my debt under this contract after having demanded payment on the entire unpaid balance due or after the Credit Union has sued me, this is not considered a waiver or forgiveness of any default in payments or any other default on my part. The Credit Union can delay enforcing any of its rights without losing them. Attorney-in-Fact: You are hereby appointed as my Attorney-in-Fact to perform any acts which you feel are necessary to protect the collateral and the security interest which this agreement creates. Owners of Collateral: A non-borrower owner of the collateral agrees to abide by the terms of the Security Agreement, and understands that the collateral may be seized and sold if the borrower defaults on the loan. Additional Advances: Any additional advances made by you for the payment of taxes or assessments or liens of any kind, or premiums on insurance and the interest owing thereon or any other advance necessary to perfect or protect your security interest shall also be secured by this agreement. Such amounts shall be added to my loan balance and my minimum payment due shall be increased or my loan term extended accordingly. PROPERTY INSURANCE; LENDER-PLACED INSURANCE - PLEASE READ CAREFULLY (a) My requirement to maintain property insurance. I am required to carry insurance to protect my interest and your interest in the collateral securing this loan. The insurance: • Must protect against any loss by fire or theft, and collision and comprehensive coverage on motor vehicles and other property pledged as security on this loan. • Must (i) be in an amount and type sufficient to repair the collateral to its existing condition prior to the loss, and/or to replace the collateral with comparable or like property, minus depreciation, if it is damaged or lost; or (ii) be in an amount and type as you might otherwise inform me that you require. • Must have a maximum deductible as set forth by you. • Must be maintained in force for as long as the loan is outstanding. • Must name you as loss payee. You must receive the loss payee endorsement within 30 days of my loan date. These requirements are solely in your discretion and you may change any of these requirements at any time for any reason. The insurance may be obtained by any insurer of my choice that is acceptable to you. (b) Lender-placed property insurance. Please read carefully: • If I fail to maintain insurance satisfying the requirements set forth above, or if I fail to provide you proof of such coverage, you may, but do not have to, obtain insurance to protect your interest (not mine) in the property. • The total cost of lender-placed insurance will be added to the loan balance. The total cost of this insurance includes, but is not limited to, the premium, any administrative costs you incur, any commissions that may be earned, and other reasonable expenses related to my failure to maintain insurance. This cost will be paid by me either on demand, or by increasing my periodic payment, or by extending the loan term. • Whether you obtain insurance, and the amount and types of coverage that you may obtain, is solely in your discretion. You may obtain this insurance from anyone you want, including an affiliate of yours, and such affiliate may earn a commission on the coverage. • The Insurance placed by you is without benefit to me personally, and is primarily for your protection. It may not adequately protect my interest in the collateral or any personal property contained in the collateral, and will not satisfy any mandatory liability or financial responsibility requirements under state law. • Coverage obtained by you may be considerably more expensive than coverage I could obtain on my own and may be different than previous policies I may have had or policies that I may prefer. • Any insurance placed by you will be effective as of the date my policy lapsed or, if I never obtained insurance, the date of the loan. • Nothing in this agreement is intended to confer third-party beneficiary rights or status to me with respect to any agreements between you and your insurer or its agent. (c) How to remove lender-placed property insurance. I may have the lender-placed coverage cancelled at any time by providing evidence to you that I have purchased insurance coverage satisfying the requirements set forth above. If I do so, I will receive a refund of any unearned premiums and finance charges on the lender-placed coverages and my loan balance will be adjusted accordingly. (d) Other. I assign you the right to receive and endorse any insurance proceeds check, to apply those proceeds to the sums I owe, and I direct any insurer to pay those proceeds directly to you. I further authorize you or your representative to obtain the necessary information for verification of adequate coverage. You, or your affiliates, may receive compensation or reimbursement of expenses related to any insurance premiums added by you. (e) Default. If I fail to maintain insurance as set forth above, I will be in default of my loan. You may either place your own insurance on the collateral as explained above, or you can declare me in default and take all remedies set forth in my loan or security agreement or available to you under applicable law, including calling the loan immediately due. IN THESE AGREEMENTS, THE WORDS "I," "ME," "MY" AND "MINE" MEAN ALL THOSE NAMED AS BORROWERS. THE WORDS "YOU," "YOUR" AND "YOURS" MEAN THE CREDIT UNION. Applies to Louisiana residents only: Louisiana law permits repossession of motor vehicles upon default without further notice or judicial process. If the secured collateral is a motor vehicle and I am in default, you may seize and sell the motor vehicle without demand for payment or advance notice to me. Collateral other than motor vehicles may be repossessed without judicial process only as allowed by applicable Louisiana law. For purposes of foreclosure under Louisiana executory process, I hereby confess judgment in your favor for all amounts secured by the Note, including, but not limited to, principal, interest, late charges, costs of collection, costs of preservation of the collateral, reasonable attorney's fees, and all other amounts under the Note. You may appoint a keeper of the property in the event of foreclosure. To the extent allowed under Louisiana law, I hereby waive the following rights and procedures under Louisiana law: (a) all rights and benefit of appraisal; (b) notice of seizure; (c) the 3-day delay afforded under Articles 2331 and 2722; and (d) all other provisions under Articles 2331, 2722 and 2723 and all other Articles not specifically mentioned herein. I further agree that any declaration of fact made by authentic act by a person declaring that such facts are within his or her knowledge shall constitute authentic evidence of facts for the purposes of foreclosure under applicable Louisiana law and for the purposes of LSA-R.S. 9:3504(D)(6) and LSA-R.S. 10:9-508, to the extent applicable. State Notices: NOTICES TO WISCONSIN BORROWERS: No provision of a marital property agreement, a unilateral agreement under Wis. Stat. Section 766.59, or a court decree under Wis.Stat. 766.70 adversely affects the interest of the Credit Union unless prior to the time the credit is extended, the Credit Union is furnished with a copy of the agreement or statement, or has actual knowledge of the adverse provision when the obligation to the Credit Union is incurred. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, THE BORROWER MAY HAVE TO PAY THE DIFFERENCE. NOTICE TO UTAH BORROWERS: This written agreement is a final expression of the agreement between me and the Credit Union. This written agreement may not be contradicted by evidence of any oral agreement. NOTICE FOR ARIZONA OWNERS OF PROPERTY: It is unlawful for a borrower to fail to return a motor vehicle that is subject to a security interest within thirty days after I have received notice of default. The notice will be mailed to the address I provided on this document unless I have given the Credit Union a new address. It is my responsibility to notify the Credit Union if my 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. NOTICE TO CALIFORNIA RESIDENTS: By signing this Note, I specifically agree that the Credit Union may access the records of the California Department of Motor Vehicles from time to time to obtain my current mailing address, and by so agreeing, I am specifically waiving my rights under sections 1808.21 and 1808.22 of the California Vehicle Code. NOTICE TO TEXAS BORROWERS: INSURANCE REQUIRED: I am required to: (i) keep the collateral insured against damage in the amount of the loan or another amount if you so specify; (ii) purchase this insurance from an insurer that is authorized to do business in the state of Texas or an eligible surplus lines insurer; and (iii) name you as the person to be paid under the policy in the event of a loss. I must also provide you a copy of the policy and proof of the payment of premiums if you so request. If I fail to meet any of these requirements, you may obtain collateral protection insurance on my behalf at my expense. For Missouri Residents: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect me (borrower) and you (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it. For Vermont Residents: NOTICE TO CO-BORROWER: YOUR SIGNATURE ON THIS LOAN MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THE LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. WASHINGTON AND OREGON RESIDENTS ONLY: WARNING UNLESS I PROVIDE YOU WITH EVIDENCE OF THE INSURANCE COVERAGE AS REQUIRED BY YOUR LOAN AGREEMENT, YOU MAY PURCHASE INSURANCE AT MY EXPENSE TO PROTECT YOUR INTEREST. THIS INSURANCE MAY, BUT NEED NOT, ALSO PROTECT MY INTEREST. IF THE COLLATERAL BECOMES DAMAGED, THE COVERAGE YOU PURCHASE MAY NOT PAY ANY CLAIM I MAKE OR ANY CLAIM MADE AGAINST ME. I MAY LATER CANCEL THIS COVERAGE BY PROVIDING EVIDENCE THAT I HAVE OBTAINED PROPER COVERAGE ELSEWHERE. I AM RESPONSIBLE FOR THE COST OF ANY INSURANCE PURCHASED BY YOU. THE COST OF THIS INSURANCE MAY BE ADDED TO MY LOAN BALANCE. IF THE COST IS ADDED TO THE LOAN BALANCE, THE INTEREST RATE ON THE UNDERLYING LOAN WILL APPLY TO THIS ADDED AMOUNT. THE EFFECTIVE DATE OF COVERAGE MAY BE THE DATE MY PRIOR COVERAGE LAPSE OR THE DATE I FAILED TO PROVIDE PROOF OF COVERAGE. THE COVERAGE YOU PURCHASE MAY BE CONSIDERABLY MORE EXPENSIVE THAN INSURANCE I CAN OBTAIN ON MY OWN AND MAY NOT SATISFY WASHINGTON'S OR OREGON'S MANDATORY LIABILITY INSURANCE LAWS. BORROWER'S NAME Darla A Boswell ACCOUNT NUMBER LOAN NUMBER DATE OF LOAN 12/30/2022 LOAN SIGNATURES CAUTION IT IS IMPORTANT THAT YOU THOROUGHLY READ THIS CONTRACT BEFORE YOU SIGN IT. BY SIGNING BELOW, YOU AGREE AS FOLLOWS: You agree that the terms and conditions in the disclosure statement and the loan and security agreements attached hereto shall apply to this loan. If there is more than one borrower, you agree that all the conditions of the loan and security agreements governing this loan shall apply to both jointly and severally. You acknowledge that you have received a copy of the loan and security agreements and disclosure statement ("Note"). If you purchase optional loan products in connection with this loan, you understand that a portion of the premium or fee you pay will be retained by the credit union (or paid back to the credit union by the service provider) as compensation for making these services available to you. You also acknowledge receipt of the product application(s), disclosures, and contract(s) regarding the product(s). Negative Information Notice: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. NOTICE TO CONSUMER: THIS IS A CONSUMER CREDIT TRANSACTION. (A) DO NOT SIGN ANYTHING BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. (B) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. (C) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT. THIS WRITTEN 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. SIGNATURE OF BORROWER DATE X Darla Boswell 12/30/2022 □ CO-BORROWER □ *OTHER OWNER □ **GUARANTOR DATE X SIGNATURE OF CO-BORROWER DATE X □ CO-BORROWER □ *OTHER OWNER □ **GUARANTOR DATE X *OTHER OWNER: Any person who has a property interest (other than as a renter or lessee) in the above described collateral signs here. The other owner, unless also a co-borrower, is not obligated to pay the debt, but understands that the credit union has a security interest in the collateral as explained in the Security Agreement. **GUARANTOR: Upon default, the credit union may seek immediate payment from the guarantor of any and all sums due on the loan, including all reasonable costs and fees provided under the loan and security agreements, as permitted by law. The guarantor waives all notice to which he or she would otherwise be entitled by law.