IN THE DISTRICT COURT OF POTTAWATOMIE COUNTY
STATE OF OKLAHOMA
TINKER FEDERAL CREDIT UNION )
) Plaintiff,
vs. ) Case No. CS-26-234
BILLY R. GUINN, )
) Defendant.
PETITION
Plaintiff, Tinker Federal Credit Union ("Plaintiff"), for its cause of action against the Defendant, Billy R. Guinn ("Defendant"), alleges and states as follows:
1. On or about February 1, 2019, Defendant executed a Promissory Note (hereinafter referred to as the "Contract") and became obligated to pay Plaintiff the principal amount of $26,650.00, plus interest at 6.9900% per annum, according to the terms of the Contract. A copy of the Contract is attached hereto as Exhibit "A".
2. As part of the Contract and to secure the performance of Defendant, Defendant executed a Security Agreement and granted Plaintiff a security interest in a 2018 POLARIS GENERAL CREW Vin # 3NSRHE990JH219156 (hereinafter referred as the "Collateral"). Plaintiff properly perfected its security interest in accordance with Oklahoma law. A copy of the Lien Entry is attached hereto as Exhibit "B".
3. Defendant failed to pay pursuant to the terms of the Contract, despite demand by Plaintiff, and are therefore in default under the Contract and Security Agreement.
4. As of December 26, 2025, the balance due on the Contract was $3,402.57.
5. Plaintiff is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and Security Agreement and under 12 O.S. §936.
6. Because of Defendant's default under the Contract and Security Agreement, Plaintiff has a special ownership or interest in the Collateral and is entitled to immediate possession of the Collateral.
7. The actual value of the Collateral is estimated at $ 11,530.00.
8. The Collateral has not been taken in execution on any order or judgment against Plaintiff, or for the payment of any tax, fine or amercement assessed against Plaintiff, or by virtue of an order of delivery issued under Chapter 31 of Title 12 of the Oklahoma Statutes, or for any other mesne or final process issued against Plaintiff.
9. Plaintiff believes that Defendant is in actual or constructive possession of the Collateral, and that Defendant's possession is subject to the rights of Plaintiff. Although Plaintiff has demanded possession of the Collateral, Defendant failed to deliver or relinquish possession of the Collateral to Plaintiff. Defendant is, therefore, wrongfully detaining the Collateral.
10. Plaintiff believes that Defendant may attempt to conceal, damage or destroy the Collateral or a part thereof, or to remove the Collateral for the State or County, and Plaintiff will thereby suffer irreparable harm. Plaintiff is without adequate remedy at law to prevent such harm and injury. As such, Plaintiff respectfully requests this Court to enter an Order requiring Defendant to appear and disclose the location of the Collateral.
11. Pursuant to the Servicemember's Civil Relief Act of 2003, Plaintiff has reviewed the Department of Defense website and determined Defendant is not in the military. See the Affidavit attached hereto as Exhibit "C".
12. Plaintiff requests an Order authorizing it to issue subpoenas immediately pursuant to 12 O.S. §2004.1 related to the location of the Collateral and Defendant's cell phone records and data.
13. Pursuant to 40 O.S. §4-508(D), Plaintiff requests an Order that at any time or times subsequent to the filing of this order, the Oklahoma Employment Security Commission shall produce, within thirty (30) days of receipt of this order, employment information of the Defendant.
WHEREFORE, Tinker Federal Credit Union prays: (a) that the clerk of this Court issue the above-described notice to Defendant, and further that the notice inform Defendant, that pursuant to 12 O.S. §1571.1, any person who willfully or knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which such order shall be sought under the provisions of 12 O.S. §1571, or who conceals it, with intent to interfere with the enforcement of the order, or who removes it from the jurisdiction of this Court with the intention of defeating the enforcement of an order of delivery, or who willfully refuses to disclose its location to an officer charged with execution an order for its delivery, or who, when in possession of such property, willfully interferes with the officers charged with execution such writ, shall be guilty of a misdemeanor, and in addition to such criminal penalties as are provided by law, shall be liable to Plaintiff for double the amount of damages done to the property, together with a reasonable attorney's fees to be fixed by the Court; (b) that this Court enter money judgment for Plaintiff and against Defendant, in the amount of $3,402.57, plus interest since December 26, 2025, at a rate of 6.9900% until paid, plus Plaintiff's court costs and a reasonable attorney's fee; (c) that this Court issue an order for immediate delivery of the Collateral to Plaintiff; (d) that this Court issue an Order requiring Defendant to appear and disclose the location of the Collateral; (e) Plaintiff requests an Order authorizing it to issue subpoenas immediately pursuant to 12 O.S. §2004.1 to nonparties for the production of documentary evidence related to the location of the Collateral and Defendant’s cell phone records and data, (f) that this Court render judgment in favor of Plaintiff and against the Defendant for possession of the Collateral, decreeing that Plaintiff's interest in the Collateral is senior and prior to the interest of Defendant in the Collateral, and authorizing the
foreclosure of Plaintiff's security interest in the Collateral, and (g) award all contractual charges as set forth in the Contract and all other relief this Court deems just.
Respectfully submitted,
Jeffery S. Ludlam, OBA #17822
HALL & LUDLAM, PLLC
410 Park Ave, Suite 3001
Oklahoma City, OK 73102
(405) 600-9500 Telephone
(405) 871-5403 Facsimile
[email protected]
VERIFICATION
STATE OF OKLAHOMA )
) ss.
COUNTY OF OKLAHOMA )
I, Mishyla Brent, of lawful age, being first duly sworn upon oath, state: That I am an agent for the plaintiff, Tinker Federal Credit Union, the above-named; that I have read the above and foregoing Petition; that the matters, facts and things therein stated are true and correct to the best of my belief and knowledge.
Mishyla Brent
Subscribed and sworn to before me this 6th day of February, 2026.
Adella Rowe
Notary Public
My Commission Expires:
IDELLA ROWE NOTARY #10010439 EXP. 12/16/28 PUBLIC STATE OF OKLAHOMA
RETAIL INSTALLMENT SALES CONTRACT - SIMPLE INTEREST
BUYER'S NAME & ADDRESS (Last Name First)
GUINN, BILLY R
203 W. ST. LOUIS
WETUMKA, OK 74883
SELLER/SECURED PARTY
Shawnee Honda/Polaris/Kawasaki
99 West Interstate Parkway
Shawnee OK 74804
NUMBER 405-774-0537
DATE OF SALE: 02/01/19
DISCLOSES
1. ANNUAL PERCENTAGE RATE
The cost of the credit as a yearly rate.
6.99
2. FINANCE CHARGE
The amount the credit will cost.
$ 6,054.56
3. AMOUNT FINANCED
The amount of credit provided to Buyer or on his behalf as itemized below.
$ 26,650.00
4. TOTAL OF PAYMENTS
The amount Buyer will have paid after Buyer has made all payments as scheduled.
$ 32,704.56
5. TOTAL SALES PRICE
The total cost of the purchase on credit, including Buyer's down payment.
$ 34,184.56
PAYMENT SCHEDULE WILL BE:
<table>
<tr>
<th>NO. OF REGULAR PAYMENTS</th>
<th>AMOUNT OF PAYMENTS</th>
</tr>
<tr>
<td>72 Monthly</td>
<td>Regular $454.23<br>Plus a Final Payment</td>
</tr>
</table>
DUE DATE OF PAYMENTS
First Payment 03/03/2019
Final Payment
Prepayment: If Buyer pays off early, Buyer will not have to pay a penalty. Late Charge: If a payment is late, Buyer will be charged a fee of $20.50 or % of the unpaid amount of the payment, whichever is greater.
See Retail Installment Sales Contract, Security Agreement and related contract documents for additional information about nonpayment default, any required repayment in full before the scheduled date, and prepayment refunds and penalties.
SECURITY/COLLATERAL
Boxes checked apply to this transaction:
[X] The parties to the Security Agreement are giving a security interest in the following property:
2018 POLARIS R18RHE99BK 3MSRH99QJH219156
[-] Collateral securing other sales by Seller to Buyer also secures this Contract.
[-] Assumption Policy: Someone buying Buyer’s house:
may, subject to certain conditions, be allowed to assume the remainder of the mortgage on the original terms.
cannot assume the remainder of the mortgage.
Fees paid in Cash by Buyer: Filing Fees $ Non-Filing Insurance $
ITEMIZATION OF AMOUNT FINANCED
<table>
<tr><th></th><th>CASE PRICE (excluding Accessories, Sales Tax, Service and Service Protection provided by Seller)</th></tr>
<tr><td>1.</td><td>24,970.00</td></tr>
<tr><td>2.</td><td>680.00<br>3 Cash Down Payment</td></tr>
<tr><td>3.</td><td>800.00<br>3 Manufacturer's Rebate</td></tr>
<tr><td>4.</td><td>9,492.00<br>4 Trade-in (describe)</td></tr>
<tr><td>5.</td><td>9,492.00<br>5 Payoff Balance on Trade-in (if any): Paid to</td></tr>
<tr><td>6.</td><td>0.00<br>6 Net Allowance on Trade-in (Subtract line 5 from line 4)</td></tr>
<tr><td>7.</td><td>1,480.00<br>7 Total Cash Down and Net Trade-in</td></tr>
<tr><td>8.</td><td>1,480.00<br>8 Total Down Payment (Enter amount from line 7 if payment continues, or enter "0" if line 7 is prepaid)</td></tr>
<tr><td>9.</td><td>23,490.00<br>9 Output Amount of Cash Price (Subtract line 8 from line 1)</td></tr>
</table>
Amounts Paid to Others on Buyer's Request (Seller may retain a portion of amounts designated with an asterisk "*")
<table>
<tr><th></th><th></th></tr>
<tr><td>10.</td><td>0.00<br>*10 Credit Life Insurance Premium to</td></tr>
<tr><td>11.</td><td>0.00<br>*11 Disability Insurance Premium to</td></tr>
<tr><td>12.</td><td>0.00<br>*12 Other Insurance Premium to ZURICH</td></tr>
<tr><td>13.</td><td>0.00<br>13 Filing and Publishing Fees to Public Officials</td></tr>
<tr><td>14.</td><td>10.00<br>14 License, Title and Registration to Okla Tax Commission</td></tr>
<tr><td>15.</td><td>3,150.00<br>*15 Service Contract to ZURICH</td></tr>
<tr><td>16.</td><td>0.00<br>16 Processing Fee</td></tr>
<tr><td>17.</td><td>0.00<br>*17 To Shawnee Honda Prepaid Service</td></tr>
<tr><td>18.</td><td>0.00<br>*18 To VSI</td></tr>
<tr><td>19.</td><td>3,160.00<br>19 Total Amount Paid to Others on Behalf of Buyer (Add lines 10 through 18)</td></tr>
</table>
20. Less Prepaid Finance Charge: $0.00
21. AMOUNT FINANCED (Add lines 9 and 19; less Prepaid Finance Charge entered on line 20)
$ 26,650.00
If this Contract arises from a consumer credit sale of a used vehicle (as defined in Part 435 of Title 16 of the Code of Federal Regulations) then the information you see on this form for this vehicle is part of this Contract. Information on this window form overrides any contrary provisions in the Contract of sale.
DISCLAIMER OF WARRANTIES
Seller's oral statements about the property described herein do not constitute warranties and shall not be relied upon by Buyer. To the extent permitted by law, Seller disclaims all express, implied or statutory warranties (including, without limitation, the implied warranties of MERCHANTABILITY and fitness for a particular purpose) with respect to the goods sold. Provided, however, if a written warranty is provided to Buyer for this sale or Seller and Buyer enter into a service contract for the goods sold, both the sale contract and service contract contain warranties of MERCHANTABILITY and fitness for a particular purpose are not disclaimed but shall be limited in duration to the duration of the written warranty.
CREDITOR/ASSIGNEE
Tinker Federal Credit Union
PO Box 45750
TAFB OK 73145
SECURITY AGREEMENT
The undersigned grants to Seller a security interest in Collateral evidenced by RETAIL INSTALLMENT SALES CONTRACT executed herewith (the “Contract”) which buyer acknowledges is secured hereby. A secured party includes any entity that holds a retail installment sale contract or open-end consumer credit agreement subject to clause (i), (ii), (iii), (iv), (v), or (vi) of 16 CFR Sec. 441. The Seller’s liability (whether primary, secondary, direct or indirect, absolute or contingent, sole, joint, or several due or to become due or which may be subsequently created or arise) is limited to Buyer’s obligation to Seller under the Contract, including (a) the performance of all agreements, covenants, and warranties of Buyer in the Contract, (b) all personal property (real and/or immovable) described therein, (c) all personal property included therein, (d) affixed to such described property, including additions, improvements, or proceeds thereof, and (e) all proceeds of insurance payable by reason of damage to or loss of Collateral. (4) Proceeds from credits of the kind and durability obtained under this Contract are subject to any rebates or refunds from such insurance coverage and from any extended service contract purchased by the undersigned pursuant to this Contract.
[Signature]
X
INSURANCE STATEMENT
CREDIT LIFE, ACCIDENT AND HEALTH INSURANCE
Buyer acknowledges that the Seller has not obtained or arranged for the provision of credit life, accident and health insurance. Buyer acknowledges that the Seller shall not be held liable nor otherwise responsible for any failure of the insurer to provide credit life, accident and health insurance. The Seller is not responsible for the payment of any premium. The Seller is not responsible for claims submitted by Buyer against the Seller. The Seller is not responsible for any claims relating to this transaction.
[X] Life Insurance for Buyer Co-Buyer
Cost $N/A
Accident and Health Insurance for Buyer Co-Buyer
Cost $N/A
[X] Buyer desires insurance checked above does not desire the insurance
Date 02/01/19
[X] Co-Buyer desires insurance checked above does not desire the insurance
Date 02/01/19
VENDOR’S SINGLE INTEREST AND/OR OTHER PROPERTY INSURANCE may be obtained by Buyer and/or Seller through Seller. Buyer agrees, if requested by Seller, that insurance is obtained through Seller, the cost for the term of the debt is:
[X] Property Insurance $N/A
[X] Vendor’s Single Interest Insurance $N/A
[X] The insurer issuing this policy waives its rights to subrogation against Buyer.
RETAIL INSTALLMENT SALES
The undersigned Buyer(s) and all other parties liable hereunder, herein sometimes referred to collectively as Buyer, hereby purchase the property described herein as defined in the Contract at a price equal to the Amount Financed as described herein, (b) interest at the specified Annual Percentage Rate on the balance of the Amount Financed at intervals as specified in the Contract, in monthly installments, as part of the Finance Charge. All payments received by Seller are to be applied first to accrued and unpaid Finance Charge to date of payment and then toward payment of the unpaid balance of Amount Financed.
ALL PARTIES DEEMED PRINCIPALS: All parties liable for payment hereunder shall each be regarded as a principal and each responsible for any part of any sum by either party timely notice to any other party may from time to time renew this Contract or consent to one or more extensions or deferrals of any payment hereunder, such action to be taken and effectual in the same manner as on original contract. All parties liable for payment hereunder consent to partial payments, any substitutions or release of any security interest or release of any party or co-signer.
REPAYMENT: Buyer shall not be obliged to repay the Amount Financed without penalty in full or in part at any time; provided, however, that prior to or contemporaneously with any such prepayment, Buyer shall owe the remaining Finance Charge accrued to date of such prepayment. Upon prepayment in full, the Buyer shall be granted a rebate of any unused portion of the Monthly Finance Charge which would otherwise be due to accrued and unpaid Finance Charge and then, at option of Seller, to principal payments in inverse order of maturity.
DEFAULT AND CHARGE: At any payment required by this Contract is not paid in full within [6] days of the due date, the holder may assess a delinquency charge in an amount which is the greater of (a) 5% of the unpaid amount of the payment or (b) up to the maximum allowed by applicable law (see Division of Olathe/Downtown Department of Consumer Credit). At the time the payment becomes dilligent, Buyer agrees the amount set by rule of the Department may increase to an amount greater than that disclosed in this Contract.
COLLECTION COSTS: The Seller may charge and collect from the Buyer the maximum fee permitted by law, each report by a third party agency, verification of a disputed check, negotiable order of withdrawal or share draft issued to Seller in connection with this sale. This fee shall be in addition to all other charges to Buyer, including fees and charges when the Seller may charge and collect from the Buyer and shall not be subject to refund or rebate. Buyer agrees to pay the costs of enforcing the terms and conditions of this Contract, including the unpaid, after default, if allowed by law at the time this Contract is signed.
BUYERS SIGNATURES
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge.
[X] We agree to terms of this Retail Installment Sales Contract, including Agreement, Disclosure Statements, and Payment Schedule, including Additional Provisions printed on reverse side of this form. [X] We have read and completely copy of this form is attached and is complete and correct.
EXHIBIT A
ADDITIONAL PROVISIONS: BUYER EXPRESSLY WARRANTS, COVENANTS AND AGREES:
WARRANTEES AND COVENANTS
1. Financial Information. All applications, balance sheets, earnings statements, other financial information and other representations which have been, or may hereafter be, furnished Seller/Secured Party to induce it to enter into or continue a financial transaction with Buyer, or are or shall hereafter become part of such transaction, are true and correct, and all other information, reports, documents, papers and things furnished to Seller/Secured Party are or shall be, at the time furnished, accurate and correct in all material respects and complete as to all material matters, and no fraud, misrepresentation or omission has been made by Buyer in the knowledge of the subject matter. There has been no material change in the financial condition of Buyer since the effective date of the last furnished financial information which has not been reported to Seller/Secured Party in writing.
2. Ownership and Exclusive Security Interest. Buyer will not permit any lien or security interest other than the Seller/Secured Party's security interest to attach to any of the Collateral, will not permit the Collateral to be levied upon, garnished or attached under any legal process, or permit anything to be done that may impair the value of the Collateral or the security interests afforded hereby.
3. Financing Statement. Buyer agrees to join with Seller/Secured Party in executing one or more Financing Statements from time to time, in order to perfect or to confirm the security interests herein created. Any filing or other reproduction of this Agreement or of any Financing Statement is sufficient as a Financing Statement.
4. Residence, Use and Location. Statements made herein or otherwise so as Buyer's address and/or locations, possession and use of the Collateral are made Buyer will promptly notify Seller/Secured Party in writing if Buyer moves from its then location or obtains the written consent of Seller/Secured Party. Buyer's exact legal name is as set forth on the reverse side of this Agreement. If Buyer is an individual, Buyer's principal residence is at Buyer's address so stated and Buyer is presently located thereon. Buyer will provide Seller/Secured Party with notice of any change of principal residence or legal name without providing Seller/Secured Party 30 days prior written notice.
5. Sale, Lease or Disposition of Collateral Prohibited. Buyer shall not sell, transfer, exchange, lease, assign, pledge or dispose of the Collateral or any part thereof or the Buyer's rights therein without first obtaining the prior written consent of Seller/Secured Party. The provision of Seller/Secured Party may be conditioned upon another agreement which requires the Seller/Secured Party to be for the protection of its security interest; and, it is understood and agreed that such consent will not be deemed to be effective unless and until, the Seller/Secured Party has received such additional information as it deems necessary. Except as permitted in the Agreement, Buyer shall not permit the Collateral to be used, stored, located, or maintained in any manner which will result in damage to the Collateral or which will violate any law, statute, order or regulation applicable thereto.
6. Maintenance and Inspection. Buyer, at own expense, shall keep the Collateral in good condition and repair and shall not permit it to be damaged or abused or so allowed to deteriorate except for the ordinary wear and tear of its intended primary use, shall promptly protect the Collateral from the elements, shall keep the Collateral lawfully and not permit its illegal use, and shall permit any reasonable examination or inspection of the Collateral whenever requested by Seller/Secured Party to examine and inspect the collateral at any time and wherever located.
7. Taxes. Buyer shall promptly pay any and all taxes, assessments and license fees with respect to the Collateral or the use of the collateral.
8. Attaching to Real or Personal Property Prohibited. Buyer shall not permit any of the Collateral to become an accession or affixed to other personal property or to become attached to real property pursuant to any subrogative, consensual or similar devices, whether or not any proceeds of all or any part of any sale, lease or disposition of the Collateral are applied to the payment of debt owed to Seller/Secured Party, even if the Collateral is thereafter sold or disposed of by Buyer. Any such attachment shall be considered a breach of this Agreement and Seller/Secured Party may, but shall not be required to, take any action to protect Seller/Secured Party's security interest in the Collateral.
9. Adequate Insurance. Buyer, at own expense, shall maintain Collateral with companies acceptable to Seller/Secured Party and shall maintain all policies of insurance as agreed to and accepted by Seller/Secured Party and to such terms and conditions as Seller/Secured Party may require. All insurance policies shall be written for benefit of Buyer and Seller/Secured Party as their interests appear. Buyer shall notify Seller/Secured Party within ten (10) days of date of this Agreement of any cancellation of such insurance policies or of any reduction of the amount of insurance. All policies of insurance shall provide for at least ten (10) days prior written notice of cancellation to Seller/Secured Party. Seller/Secured Party shall have sole right to replace or cancel such insurance and in endorsing Buyer's name on any drafts or checks drawn by insurers of Collateral.
10. Expediters of Seller/Secured Party. At its option and after any written notice to Buyer required by law, which notice Buyer and Seller/Secured Party hereby agree is sufficient, Seller/Secured Party may employ a commercial attorney, appraiser, auctioneer or other professional and expend funds therefore; provided, however, that Seller/Secured Party shall be liable only for any actual expenses incurred and shall not be liable for any other indirect, special or consequential damages. Buyer shall pay all attorneys' fees, appraisers' fees, auctioneers' fees, and other expenses incurred by Seller/Secured Party in enforcing its rights under this Agreement and shall not be subject to a FINANCE CHARGE as to any rates exceeding the ANNUAL PERCENTAGE RATE.
11. Buyer shall notify Seller/Secured Party whenever it acquires Collateral not described herein; and upon request Buyer shall deliver or cause to be delivered Collateral to Seller/Secured Party for safekeeping. Buyer shall indemnify Seller/Secured Party for all costs, attorney fees and other disbursements of Seller/Secured Party as allowed by law or contract or provided for herein in the enforcement, collection of any note, warranty, chattel paper, instrument or security interest in or to the Collateral or the realization, preservation, enforcement or assignment of any account receivable, contract right, promissory note, chattel paper, instrument, document or other Collateral in which Seller/Secured Party has a security interest. Buyer agrees that in the event Seller/Secured Party has sold or otherwise disposed of all or any part of such Collateral, the amount of such expenditures shall be considered a liability of Buyer to Seller/Secured Party which is secured by this Security Agreement.
EVENTS OF DEFAULT
Buyer shall be in default under this Agreement upon the happening of any one or more of the following events or conditions, hereinafter each "Event of Default":
1. Buyer shall fail to perform any of its covenants, agreements, representations or statements made or furnished to Seller/Secured Party by or on behalf of Buyer to induce Seller/Secured Party to enter into this Agreement or in connection therewith, is violated or proves to have been violated in any material respect, and such violation continues for five consecutive days;
2. Any notes required hereunder or under any other note or obligation of Buyer to Seller/Secured Party or to others is not made when due or in accordance with terms of the applicable contract;
3. Buyer defaults in the performance of any covenant, obligation, warranty, or provision contained in this Agreement or in any other note or obligation of Buyer to Seller/Secured Party or to others;
4. The occurrence of any event or condition which results in acceleration of the maturity of my obligation of Buyer to Seller/Secured Party or to others under any note, indenture, charter, agreement, or understanding.
Upon the occurrence of an Event of Default, and at any time thereafter, Seller/Secured Party may, at its option and written notice, do any act or cause Seller/Secured Party to do any act which Seller/Secured Party is entitled to do either at law or equity, together with all remedies possessed by Seller/Secured Party, including but not limited to:
1. Declare the unpaid balance of the Contract and all other obligations and indebtedness of any nature owed to Buyer under any contract or agreement and demand immediate payment in full thereof, and authorize Seller/Secured Party to take possession of and hold any property located in or temporarily attached to the Collateral. If Collateral has not been claimed such property within ten (10) days after notice of its taking and location is sent to Buyer, such property may be sold and the proceeds applied to expenses and other amounts owed to Seller/Secured Party.
Any balance of such proceeds remaining after payment in full of all amounts secured by this Agreement shall be paid to Buyer.
4. Transfer any of the Collateral or evidence thereof into its own name or that of a nominee and receive the proceeds therefrom and hold the same as security for the fulfillment of the terms and payment of the obligations secured by this Agreement. Buyer may, at any time, demand possession, release for "good compromise", adjust, sue for, foreclose, release or realize upon Collateral, in its own name or in the name of the Buyer as Seller/Secured Party may determine.
5. Sell or otherwise dispose of the Collateral. Unless Collateral in whole or part is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Seller/Secured Party shall give Buyer reasonable notice of the date and place of any public sale, or of the time after which any private sale or other disposition is to be made. Any requirement of notice shall be given if notice is mailed postage prepaid, to the address of Buyer provided herein at least ten (10) days before sale of other disposition or action. Seller/Secured Party shall be entitled to, and Buyer shall be liable for, all reasonable costs and expenses incurred by it in connection herewith including, but not limited to, attorney fees, storage, advertising, reportage and reporting, court and other fees.
6. Loss, theft, substantial damage or destruction of Collateral.
7. When in the judgment of Seller/Secured Party, the Collateral becomes unsatisfactory or insufficiently secured, or upon request Buyer fails to provide additional Collateral as required by Seller/Secured Party.
8. Any time Seller/Secured Party in its sole discretion believes the prospect of payment or performance of any liability, covenant, warranty or obligation secured hereby is impaired.
9. The death, dissolution, termination of existence or insolvency of Buyer, the appointment of a receiver over any part of Buyer's property, the commencement, continuation, amendment, for any reason, or the entry of any proceeding under any bankruptcy or insolvency law by or against Buyer or any guarantor or surety for Buyer.
REMEDIES
Seller/Secured Party will give Buyer reasonable notice of the date and place of any public sale, or of the time after which any private sale or other disposition is to be made. Any requirement of notice shall be given if notice is mailed postage prepaid, to the address of Buyer provided herein at least ten (10) days before sale of other disposition or action. Seller/Secured Party shall be entitled to, and Buyer shall be liable for, all reasonable costs and expenses incurred by it in connection herewith including, but not limited to, attorney fees, storage, advertising, reportage and reporting, court and other fees.
1. Seller/Secured Party may, but shall not be required to, take any action to protect Seller/Secured Party's security interest in the Collateral. Seller/Secured Party may, but shall not be required to, take any action to protect Seller/Secured Party's security interest in the Collateral. Seller/Secured Party may comply with any applicable state or federal law requirements in connection with a disposition of the Collateral and compliance will not be considered adversely to affect the commercial reasonableness of any disposition of the Collateral. If Seller/Secured Party sells the Collateral without any warranties as to the Collateral and my specifically disclaim any warranty of title or the like. This procedure will not be considered adverse to affect the commercial reasonableness of any disposition of the Collateral. Seller/Secured Party will apply to the proceeds, if any, received on such sale to the payment of Buyer's obligations owed to Seller/Secured Party. The proceeds of any sale of Collateral shall be applied first to pay all expenses, including attorney fees and costs, in connection with the sale and secondly, to Buyer's obligations owed to Seller/Secured Party. In the event any balance remains after payment of Buyer's obligations owed to Seller/Secured Party, such balance shall be returned to Buyer. Seller/Secured Party may seek a deficiency judgment against Buyer to recover any remaining balance owed to Seller/Secured Party.
GENERAL
1. Waivers. No act, delay, or omission, including Seller/Secured Party is waiver of remedy because of any default hereunder shall constitute a waiver of any of Seller/Secured Party's right and remedies hereunder. 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OKLAHOMA TAX COMMISSION
LIEN HOLDERS RELEASE FORMS
VIN: 3NSRHE990JH219156
AGNT #: M6333
LIEN DEBTOR: GUINN BILLY R
GUINN BILLY R
203 W SAINT LOUIS AVE
WETUMKA OK 74883-4023
LIEN HOLDER: TINKER FEDERAL CREDIT UNION
TINKER FEDERAL CREDIT UNION
PO BOX 45750
TAFB OK 73145
TO: OKLAHOMA TAX COMMISSION
MOTOR VEHICLE DIVISION
P.O. BOX 269061
OKLAHOMA CITY OK 73126
VEHYR: 2018 MAKE: POLS LIEN DATE: 02/01/2019
MODEL:
BODY:
REF#: L0084651088
TO WHOM IT MAY CONCERN: WE HAVE RELEASED OUR SECURITY INTEREST IN THE MOTOR VEHICLE DESCRIBED ABOVE, EFFECTIVE ON THE DATE WHICH APPEARS BY MY SIGNATURE. PLEASE REVISE YOUR RECORDS TO REFLECT THIS RELEASE.
SIGNATURE OF REPRESENTATIVE OF SECURED PARTY
X ___________________________ DATE ________________
LENDER: TO ENSURE PROPER PROCESSING OF YOUR COMPLETED LIEN RELEASE, PLEASE NOTE THE FOLLOWING.
DO NOT ALTER THIS DOCUMENT
NO STAPLES
NO TAPE
NO FOREIGN FIXTURES OR ATTACHMENTS
NO WRITING OR MARKING
(OTHER THAN SIGNATURE AND DATE FOR RELEASE)
DO NOT ALTER THE SIZE OF THIS DOCUMENT
AFFIDAVIT
STATE OF OKLAHOMA
COUNTY OF OKLAHOMA )
) ss.
Tay Parker, of lawful age, being first duly sworn, upon oath deposes and states:
1. I am a Collections Legal Specialist for Tinker Federal Credit Union and I am authorized to make this Affidavit of its behalf.
Based on a review of the Department of Defense website Billy R Guinn not in the military. A copy is attached hereto.
Signed under penalty of perjury.
Parker
Tay Parker
Subscribed and sworn to before me this 26th day of December, 2025.
Aiden Elder
Notary Public
My Commission Expires:
(SEAL)
EXHIBIT
C
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-9279
Birth Date:
Last Name: GUINN
First Name: BILLY
Middle Name:
Status As Of: Dec-26-2025
Certificate ID: WWQY0DWL37F68F0
<table>
<tr>
<th colspan="4">On Active Duty On Active Duty Status Date</th>
</tr>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
<tr>
<td colspan="4">This response reflects the individuals’ active duty status based on the Active Duty Status Date</td>
</tr>
</table>
<table>
<tr>
<th colspan="4">Left Active Duty Within 367 Days of Active Duty Status Date</th>
</tr>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
<tr>
<td colspan="4">This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date</td>
</tr>
</table>
<table>
<tr>
<th colspan="4">The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date</th>
</tr>
<tr>
<th>Order Notification Start Date</th>
<th>Order Notification End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
<tr>
<td colspan="4">This response reflects whether the individual or his/her unit has received early notification to report for active duty</td>
</tr>
</table>
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.