25-46229-0 YL1 010
IN THE DISTRICT COURT OF DELAWARE COUNTY
STATE OF OKLAHOMA
CASCADE CAPITAL FUNDING, LLC
Plaintiff,
vs.
MELANIE MUSTAIN,
Defendant.
PETITION FOR INDEBTEDNESS
COMES NOW Plaintiff, by and through its undersigned attorneys who hereby enter their appearance herein, and for its cause of action against Defendant alleges and states as follows:
1. Defendant executed a contract with TD BANK N.A. relating to the purchase of collateral with an account number of XXXXXX8258. The contract granted a security interest in the collateral. Defendant defaulted on the obligations required under the contract. After all due credits were applied to the indebtedness owed by the defendant, there remained a balance due.
2. The indebtedness arising therefrom has been duly assigned to CASCADE CAPITAL FUNDING, LLC, , Plaintiff herein.
3. Defendant remains indebted to Plaintiff in the amount of $19,983.56. An Affidavit of Account and/or contract is attached hereto and incorporated by reference.
WHEREFORE, Plaintiff prays for Judgment against Defendant in the sum of $19,983.56, with interest at the statutory rate from the date of judgment, all court costs and a reasonable attorney's fee, and for such other and further relief as to this Court may deem equitable, just and proper.
William L. Nixon, Jr., #012804
Harley L. Homjak, #019736
Gracelyn Porras Dillingham, #35852
Jenifer A. Gani, #021876
Daniela Westfahl, #36242
Mariah S. Ellicott, #36309
Benjamin F. Brackett, #36580
LOVE, BEAL & NIXON, P.C.
Attorney for Plaintiff
P.O. Box 32738
Oklahoma City, OK 73123
Telephone: 405-720-0565
E-Mail:
[email protected]
RETAIL INSTALLMENT SALE CONTRACT
SIMPLE FINANCE CHARGE
Buyer Name and Address (Including County and Zip Code)
MERMAID LOT HOUSES
3126 W 61ST LOOP
GROVE OK 74344
DELAWARE
Co-Buyer Name and Address (including County and Zip Code)
N/A
Seller - Creditor (Name and Address)
HONDA OF FAIRFAXVILLE
1384 W. SHERWOOD DRIVE
FAIRFAXVILLE AR 72784
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<br>Personal, family, or household unless otherwise indicated below<br>☐ business<br>☐ agricultural<br>☐ N/A</th>
</tr>
<tr>
<td>USED</td>
<td>2017</td>
<td>TOYOTA TRUCK 4WD</td>
<td>JTEB95-TJAB5414282</td>
<td></td>
</tr>
</table>
FEDERAL TRUTH-IN-LENDING DISCLOSURES
<table>
<tr>
<th>ANNUAL PERCENTAGE RATE</th>
<th>FINANCE CHARGE</th>
<th>Amount Financed</th>
<th>Total of Payments</th>
<th>Total Sales Price</th>
</tr>
<tr>
<td>4.94 %</td>
<td>$6963.53</td>
<td>$43586.89</td>
<td>$50530.48</td>
<td>$50530.48</td>
</tr>
</table>
Your Payment Schedule Will Be:
<table>
<tr>
<th>Number of Payments</th>
<th>Amount of Payment</th>
<th>When Payments Are Due</th>
</tr>
<tr>
<td>72</td>
<td>$702.09</td>
<td>MONTHLY<br>beginning 09/11/2023</td>
</tr>
<tr>
<td>N/A</td>
<td>.N/A</td>
<td>N/A</td>
</tr>
</table>
Late Charges. If payment is not received in full within ___10___ days after it is due, you will pay a late charge of $10 or ___9___% 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 the contract for more information including information about nonpayment, default, or required repayment in full before the scheduled date and security interest.
OPTION: ☐ You pay no finance charge if the Amount Financed, item 5, is paid in full on or before N/A. ☒ N/A ☐ SELLER'S INITIALS N/A
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 ___72___ Mo.
I want to buy a gap contract.
[Signature]
Buyer Signature
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 causes. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales.
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 HEREETO 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.
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. Charges 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 charges before the final payment becomes 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 state us as your insurance policy as an additional insured and as loss payer. 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 one 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.
e. What happens to returned insurance, maintenance, service, or other contract charges. If we obtain a refund of insurance, maintenance, service, or other contract charges, you agree that we may subtract the refund from what you owe.
f. 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.
g. 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.
h. 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.
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.
i. 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.
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.
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 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 Traducción: Guía para compradores de vehículo usado. La información que ve en el formulario de la ventana para este vehículo forma parte del presente contrato. La información del formulario de la ventana deja sin efecto toda disposición en contraste 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 automated telephonic 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.
<table>
<tr>
<th colspan="3">FRACTIONATION OF AMOUNT FINANCED</th>
</tr>
<tr>
<td>1</td>
<td>Cash Price (including S.</td>
<td>$34500.00 (1)</td>
</tr>
<tr>
<td>2</td>
<td>Total Downpayment</td>
<td></td>
</tr>
<tr>
<td></td>
<td><b>TABLE-10 MINI CR-V</b></td>
<td></td>
</tr>
<tr>
<td></td>
<td>(Model)</td>
<td>(Model)</td>
</tr>
<tr>
<td></td>
<td>Loan Pay Off Made by Seller</td>
<td>CHASE BANK, N.A.</td>
</tr>
<tr>
<td></td>
<td>Equals Net Trade In</td>
<td>$16555.82</td>
</tr>
<tr>
<td></td>
<td>+ Cash</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>+ Other N/A</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>+ Other N/A</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>+ Other N/A</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>(If total downpayment is negative, enter “0” and see 4.1 below)</td>
<td>$0.00 (2)</td>
</tr>
<tr>
<td>3</td>
<td>Liquid Balance of Cash Price (1 minus 2)</td>
<td>$34500.00 (3)</td>
</tr>
<tr>
<td>4</td>
<td>Other Charges including Amounts Paid to Others on Your Behalf</td>
<td></td>
</tr>
<tr>
<td></td>
<td>(Seller may keep part of these amounts):</td>
<td></td>
</tr>
<tr>
<td></td>
<td>A Cost of Optional Credit Insurance Paid to Insurance Company or Compensator.</td>
<td></td>
</tr>
<tr>
<td></td>
<td>Life</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>Disability</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>B Vehicle Single Interest Insurance Paid to Insurance Company</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>C Other Optional Insurance Paid to Insurance Compensator or Compensator</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>D Official Gas Contract</td>
<td>$1300.00</td>
</tr>
<tr>
<td></td>
<td>E Official Fees Paid to Government Agencies</td>
<td></td>
</tr>
<tr>
<td></td>
<td>in N/A for N/A</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>in N/A for N/A</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>in N/A for N/A</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>F Government Loans Not Included in Cash Price</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>G Government Licenses, Permit Application Fees</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>H Other Charges (Seller must identify who is paid and describe purpose)</td>
<td></td>
</tr>
<tr>
<td></td>
<td>in CHASE BANK, N.A. for Title Cost of Loan Balance</td>
<td>$3655.82</td>
</tr>
<tr>
<td></td>
<td>in CHASE, INC. for SUPPLIER</td>
<td>$2079.00</td>
</tr>
<tr>
<td></td>
<td>in N/A for TAKES, TAKES, INC., TAKES-TAKES</td>
<td>$1922.00</td>
</tr>
<tr>
<td></td>
<td>in N/A for N/A</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>in N/A for N/A</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>in N/A for N/A</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>in N/A for N/A</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>in N/A for N/A</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>in N/A for N/A</td>
<td>$N/A</td>
</tr>
<tr>
<td></td>
<td>Total Other Charges and Amounts Paid to Others on Your Behalf</td>
<td>$5666.82 (4)</td>
</tr>
<tr>
<td>5</td>
<td>Amount Requested (3 + 4)</td>
<td>$43833.18 (5)</td>
</tr>
</table>
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 CANCELLED. This contract contains the agreement between you and us relating to this contract. Any change to this contract must be in writing, signed by both parties, and not signed by the other party, or it will not be binding.
If any part of this contract is not valid, all other parts stay valid. We may delay or refuse 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 BUYERS: 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 Signature: [illegible] Date: 06/27/22 Co-Buyer Signature: [illegible] Date: [illegible]
Buyer Printed Name: [illegible] Co-Buyer Printed Name: [illegible]
If the "business" box here is checked in "Primary Use for Which Purchased", Print Name [illegible] Title [illegible]
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 give away interest in the vehicle given to us in this contract.
Other owner signs here: [illegible]
Seller Signed: [illegible] Date: 06/27/22 By: [illegible] The SELLER
[Illegible] ATTACHED WANT TO ASSIGN THIS CONTRACT TO [illegible]. H.A.
[Illegible] ASSIGNED WITH FULL RESERVATIONS
