IN THE DISTRICT COURT OF POTTAWATOMIE COUNTY
STATE OF OKLAHOMA
TINKER FEDERAL CREDIT UNION )
) Plaintiff,
vs. ) Case No. CJ-26-97
BRADLEY S. BRANDON, )
) Defendant.
PETITION
Plaintiff, Tinker Federal Credit Union ("Plaintiff"), for its cause of action against the Defendant, Bradley S. Brandon ("Defendant"), alleges and states as follows:
CLAIM ONE: BREACH OF CONTRACT – REP LEVIN L59
1. On or about July 2, 2021, Defendant executed a Promissory Note (hereinafter referred to as the "Contract") and became obligated to pay Plaintiff the principal amount of $48,110.78, plus interest at 11.4900% 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 2017 FORD F250 SUPER DUTY XLT Vin # 1FT7W2BT5HEB21928 (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 February 9, 2026, the balance due on the Contract was $34,085.60.
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 $34,275.00.
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 $34,085.60, plus interest since February 9, 2026, at a rate of 11.4900% 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.
CLAIM TWO: BREACH OF CONTRACT – REPLEVIN L61
14. On or about November 30, 2021, Defendant executed a Promissory Note (hereinafter referred to as the "Contract") and became obligated to pay Plaintiff the principal amount of $8,408.56, plus interest at 10.9900% per annum, according to the terms of the Contract. A copy of the Contract is attached hereto as Exhibit "D".
15. 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 2014 CHEVROLET CRUZE Vin # 1G1PA5SH4E7487044 (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 "E".
16. 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.
17. As of February 9, 2026, the balance due on the Contract was $5,381.49.
18. 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.
19. 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.
20. The actual value of the Collateral is estimated at $6,350.00.
21. 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.
22. 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.
23. 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.
24. 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.
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 $5,381.49, plus interest since February 9, 2026, at a rate of 10.9900% 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.
CLAIM THREE: BREACH OF CONTRACT – COLLATERAL LOAN L63
25. On or about September 13, 2022, Defendant executed a Promissory Note (hereinafter referred to as the "Contract"), by which Defendant became obligated to pay TFCU the principal amount of $18,044.00, plus interest at 8.9900% per annum, according to the terms of the Contract. A copy of the Contract is attached hereto as Exhibit "F".
26. As part of the Contract and to secure the performance of Defendant, Defendant executed a Security Agreement by which Defendant granted TFCU a security interest in a 2012 MAZDA MX-5 MIATA Vin # JM1NC2MF6C0224126 (hereinafter referred as the "Collateral"). TFCU properly perfected its security interest in accordance with Oklahoma law. A copy of the Lien Entry is attached hereto as Exhibit "G".
27. Defendant has failed to pay pursuant to the terms of the Contract, despite demand by TFCU, and is therefore in default under the Contract and Security Agreement.
28. As of February 9, 2026, the balance due on the Contract was $1,013.76.
29. TFCU is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and Security Agreement and under 12 O.S. §936.
WHEREFORE, Tinker Federal Credit Union prays: (a) that this Court enter money judgment for TFCU and against Defendant in the amount of $1,013.76, plus interest since February 9, 2026, at a rate of 8.9900% per annum until paid, plus TFCU's court costs and a reasonable attorney's fee; (b) issue an Order for Defendant to appear and disclose the location of the Collateral; (c) that this Court render judgment in favor of TFCU and against the Defendant for possession of the Collateral, decreeing that TFCU's interest in the Collateral is senior and prior to the interest of Defendant in the Collateral, and authorizing the foreclosure of TFCU's security interest in the Collateral; and (d) all contractual charges as set forth in the Contract.
Respectfully submitted,
Jeffery S. Ludlam, OBA #17822
HALL & LUDLAM, PLLC
210 Park Ave, Suite 3001
Oklahoma City, OK 73102
(405) 600-9500 Telephone
(405) 871-5403 Facsimile
[email protected]
VERIFICATION
STATE OF OKLAHOMA )
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 18th day of February, 2026.
Notary Public
My Commission Expires: AUG 31, 2028
Loan and Security Agreements
and Disclosure Statement
Covered Borrower Under Military Lending Act
FIXED RATE STEP RATE VARIABLE RATE
LOAN DATE: 07/02/2021 ACCOUNT NUMBER: 0059 LOAN NUMBER: 0059 MATURITY DATE: 07/16/2028
BORROWER 1 (Name & Address):
BRADLEY S BRANDON
35511 Waco Rd
Shawnee, OK 74801
BORROWER 2 (Name & Address)
BORROWER 3 (Name & Address)
BORROWER 4 (Name & Address)
TRUTH IN LENDING DISCLOSURE ('e' means an estimate)
ANNUAL PERCENTAGE RATE
The cost of Your credit as a yearly rate.
11.490 %
FINANCE CHARGE
The dollar amount the credit will cost You.
$22,466.72 e
Amount Financed
The amount of credit provided to You or on Your behalf.
$48,110.78
Total of Payments
The amount You will have paid after You have made all payments as scheduled.
$70,577.50 e
Total Sale Price
The total cost of Your purchase on credit is $ N/A which includes Your downpayment of $ N/A.
Your Payment Schedule Will Be:
Number of Payments Amount of Payments When Payments Are Due
083 $840.21 Monthly BEGINNING 08/16/2021
1 $840.07 e Maturing 07/16/2028
Prepayment: If You pay off early You will not have to pay a penalty.
Required Deposit: The Annual Percentage Rate does not take into account Your required deposit, if any.
Demand:
☐ This obligation has a demand feature.
☐ All disclosures are based on an assumed maturity of one year.
Property Insurance: You may obtain property insurance from anyone You want that is acceptable to the Credit Union. If You get the insurance from the Credit Union You will pay $0.
Filing Fees $0.00 Non-Filing Insurance $ N/A
Late Charge: If any payment or portion of payment you make is more than ten days past its due date, you will be charged the greater of $20.50 or 5.00% of the unpaid amount of the scheduled monthly payment. No late charge will be assessed on any payment when the delinquency is caused only by late fees assessed on earlier payments, and the payment received is otherwise a full payment.
Security: Collateral securing other loans with the Credit Union may also secure this Loan. You are giving a security interest in Your shares and dividends and, if any, Your deposits and interest in the Credit Union; and the Property described below:
Collateral Property/Model/Make Year I.D. Number Type Value Key Number
Ford F250 Super Duty x 2017 1FT7W2BT5HEB21928 N/A $ N/A N/A
N/A $ N/A N/A
N/A $ N/A N/A
Other (Describe)
Pledge of Shares $0.00 in Account No. $0.00 in Account No.
Variable Rate:
N/A
See Your contract documents for any additional information about nonpayment, default, and any required repayment in full before the scheduled date.
7/2/2021
ITEMIZATION OF THE AMOUNT FINANCED ("i.e." means estimated)
<table>
<tr>
<th>Itemization of Amount Financed of</th>
<th>Amount Given to You Directly</th>
<th>Amount Paid on Your Account</th>
<th>Prepaid Finance Charge</th>
</tr>
<tr>
<td>$48,110.78</td>
<td>$8,500.00</td>
<td>$39,211.78</td>
<td>$0.00</td>
</tr>
</table>
Amounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk (*) We will be retaining a portion of the amount.)
<table>
<tr>
<th></th>
<th></th>
<th></th>
<th></th>
</tr>
<tr>
<td>$399.00</td>
<td>To GAP FEE</td>
<td>$0.00</td>
<td>To</td>
</tr>
<tr>
<td>$0.00</td>
<td>To</td>
<td>$0.00</td>
<td>To</td>
</tr>
<tr>
<td>$0.00</td>
<td>To</td>
<td>$0.00</td>
<td>To</td>
</tr>
<tr>
<td>$0.00</td>
<td>To</td>
<td>$0.00</td>
<td>To</td>
</tr>
<tr>
<td>$0.00</td>
<td>To</td>
<td>$0.00</td>
<td>To</td>
</tr>
<tr>
<td>$0.00</td>
<td>To</td>
<td>$0.00</td>
<td>To</td>
</tr>
<tr>
<td>$0.00</td>
<td>To</td>
<td>$0.00</td>
<td>To</td>
</tr>
</table>
MILITARY LENDING ACT DISCLOSURES
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).
Please call Us at 1-844-756-3767 to receive oral disclosures of the Military Lending Act disclosure above and a description of the payment obligation.
A "Covered Borrower" for purposes of this loan means a consumer who, at the time the consumer becomes obligated on this loan, is a covered member or a dependent of a covered member as defined by the Military Lending Act. A Covered Borrower does not mean a consumer who (though a Covered Borrower at the time he or she became obligated on this transaction) no longer is a covered member or a dependent of a covered member as defined by the Military Lending Act.
LOAN AGREEMENT
In this Loan Agreement ("Agreement") all references to "Credit Union", "We", "Our" or "Us" mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "You" or "Your" mean each person who signs, or otherwise authenticates, this Agreement as a borrower.
1. PROMISE TO PAY - You promise to pay $48,110.78 to the Credit Union plus interest on the unpaid balance until what You owe has been repaid.
For fixed rate loans, the interest rate is 11.490 % per year.
For step-rate loans, the initial interest rate will be N/A % until N/A and then the interest rate will be N/A % until the balance is repaid in full.
For variable rate loans, the initial interest rate is N/A % per year and will vary as follows:
N/A
You will pay principal and interest by making payments each month. Your initial monthly payment will be in the amount of U.S. $840.21 .
You will make payments on the 16th day of each month beginning on 08/16/2021 . Subject only to the payment terms below, You will make these payments every month until You have paid all of the principal and interest and any other charges, described below, that You may owe under this Agreement. If, on 07/16/2028 , You still owe amounts under this Agreement, You will pay all amounts in full on that date.
Collection Costs: In the event of default, You are liable for and agree to pay reasonable costs of collection to the extent permitted by applicable law. You agree to pay reasonable expenses and costs We incur in realizing on the security interest, including, without limitation, repossession costs, court costs, fees for replevin bonds, expert fees, storage costs, repair costs, preparation for sale expenses, filing costs, and selling costs. If You default and We refer Your debt to an attorney who is not one of Our salaried employees, You agree to pay reasonable attorney's fees in the amount of 15% of the unpaid debt. In the event of litigation or action to enforce Our rights, a court may award reasonable attorney's fees to a prevailing party in any transaction where such expenses and fees may be awarded in accordance with applicable law.
2. PAYMENTS - If you elect voluntary payment protection, we will include the premium or program fee in your payments. If you subsequently elect voluntary payment protection, we will either include the premium or program fee in your payments or extend the term of your loan. If the term is extended, you will be required to make additional payments of the scheduled amount, until what you owe has been paid. All prepayments will be applied first to accrued and unpaid fees and Finance Charge(s). Any language to the contrary notwithstanding, the balance of any prepayments may be applied, at the option of Lender, (i) to the final installments of the principal, beginning with the final installment, which may shorten the maturity of the loan or reduce the final payment or payments, (unless there is a missed payment) or (ii) to the prepayment of the next forthcoming installments of principal and interest, in order, which will not shorten the maturity of the loan or reduce any remaining payments. If you do not make payments exactly as scheduled, your final payment may be more or less than the amount of the final payment that is disclosed. You are allowed to prepay your loan balance and make monthly payments early without penalty; however, the "due date" for your next payment will not advance more than three (3) months. You are expected to make and continue to make and/or schedule a payment each month
to meet the requirements of your loan agreement with us and to avoid default until your loan is paid in full. You promise to make all payments to the place we choose. If this loan refinances another loan we have with you, the other loan will be canceled and refi nanced as of the date of this loan. Unless otherwise required by law, payments will be applied to amounts owed in the manner we choose.
3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to You, interest on this loan begins on the date the loan proceeds are mailed to You.
4. SECURITY FOR LOAN - This Agreement is secured by all property described in the "Security" section of the Truth in Lending Disclosure. Property securing other loans You have with Us also secures this loan, unless the property is a dwelling or otherwise prohibited by federal and/or state law. In addition to Your pledge of shares, We may also have what is known as a statutory lien on all individual and joint accounts You have with Us. A statutory lien means We have the right under federal and/or state law to claim an interest in Your accounts. Unless otherwise prohibited by federal and/or state law, We can enforce a statutory lien against Your shares and dividends and, if any, interest and deposits, in all individual and joint accounts You have with Us to satisfy any outstanding financial obligation that is due and payable to Us. We may exercise Our right to enforce this lien without further notice to You, to the extent permitted by law. For all borrowers: You pledge as security for this loan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts You have with the Credit Union now and in the future. The statutory lien and/or Your pledge will allow Us to apply the funds in Your account(s) to what You owe when You are in default. If a dollar amount and account number are listed in the "Security" section of the Truth in Lending Disclosure, You may not withdraw the amount that has been specifically pledged to secure this loan until the Credit Union agrees to release all or part of the pledged amount. The statutory lien and Your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security.
5. DEFAULT - You will be in default under this Agreement if You do not make a payment of the amount required on or before the date it is due. You will be in default if You break any promise You made in connection with this loan or if anyone is in default under any security agreement made in connection with this Agreement. You will be in default if You die, file for bankruptcy, become insolvent (that is, unable to pay Your bills and loans as they become due), or if You made any false or misleading statements in Your loan application. You will also be in default if something happens that We believe may seriously affect Your ability to repay what You owe under this Agreement or if You are in default under any other loan agreement You have with Us.
6. ACTIONS AFTER DEFAULT - When You are in default, We may demand immediate payment of the entire unpaid balance under this Agreement. If We demand immediate payment, You will continue to pay interest at the rate provided for in this Agreement, until what You owe has been repaid. We will also apply against what You owe any shares and/or deposits given as security under this Agreement. We may also exercise any other rights given by law when You are in default. Unless You are a Covered Borrower under the Military Lending Act, You waive any right You have to receive demand for payment, notice of intent to demand immediate payment and notice of demand for immediate payment.
7. EACH PERSON RESPONSIBLE - Each person who signs, or otherwise authenticates, this Agreement will be individually and jointly responsible for paying the entire amount owed under this Agreement. This means We can enforce Our rights against any one of You individually or against all of You together.
8. LATE CHARGE - If You are late in making a payment, You promise to pay the late charge shown in the Truth in Lending Disclosure. If no late charge is shown, You will not be charged one.
9. DELAY IN ENFORCING RIGHTS - We can delay enforcing any of Our rights under this Agreement any number of times without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives.
10. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect.
11. NOTICES - Notices will be sent to You at the most recent address You have given Us in writing. Notice to any one of You will be notice to all.
12. USE OF ACCOUNT - You promise to use Your account for consumer (personal, family or household) purposes, unless the Credit Union gives You written permission to use the account also for agricultural or commercial purposes, or to purchase real estate.
13. NO ORAL AGREEMENTS -- THIS NOTE CONSTITUTES A "WRITTEN LOAN AGREEMENT" PURSUANT TO SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES. THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
14. The following is required by Vermont law: NOTICE TO COSIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU.
15. NOTICE TO UTAH BORROWERS: This written Agreement is the final expression of the Agreement between You and the Credit Union. This written Agreement may not be contradicted by evidence of any oral agreement.
16. GOVERNING LAW - Unless otherwise required by applicable federal or state law, this Agreement is governed by Oklahoma state law.
17. ARBITRATION - For any disputes or claims arising out of this Agreement, all such disputes or claims will be handled in accordance with the Terms and Conditions of Your Account with Tinker Federal Credit Union. THE ARBITRATION OF CLAIMS AND DISPUTES AND CLASS ACTION WAIVER SECTION IN YOUR TERMS AND CONDITIONS OF YOUR ACCOUNT CONTAINS IMPORTANT INFORMATION REGARDING HOW DISPUTES WILL BE HANDLED ARISING OUT OF THIS AGREEMENT, INCLUDING A REQUIREMENT TO HANDLE DISPUTES THROUGH ARBITRATION AND GIVING UP YOUR RIGHT TO A JURY TRIAL OR ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE. This waiver will apply unless you are a Covered Borrower under the Military Lending Act or unless otherwise prohibited by law.
18. OTHER PROVISIONS -
SECURITY AGREEMENT
In this Security Agreement ("Agreement") all references to "Credit Union", "We", "Our" or "Us" mean the Credit Union whose name appears on this document and anyone to whom the Credit Union assigns or transfers this Agreement. All references to the "Loan" mean the loan described in the Loan Agreement that is part of this document. All references to "You" or "Your" mean any person who signs, or otherwise authenticates, this Agreement.
1. THE SECURITY FOR THE LOAN - You give Us what is known as a security interest in the Property described in the "Security" section of the Truth in Lending Disclosure that is part of this document ("the Property"). The security interest You give includes all accessions. Accessions are things which are attached to or installed in the Property now or in the future. The security interest also includes any replacements for the Property which You buy within 10 days of the Loan and any extensions, renewals or refinancings of the Loan. It also includes any money You receive from selling the Property or from insurance You have on the Property. If the value of the Property declines, You promise to give Us more property as security if asked to do so.
2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS - The security interest secures the Loan and any extensions, renewals or refinancings of the Loan. Unless prohibited by applicable law, the security interest also secures any other loans, including any credit card loan, You have now or receive in the future from Us and any other amounts You owe Us for any reason now or in the future, except any loan secured by Your principal dwelling. If the Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or Your principal dwelling, the Property will secure only this Loan and not other loans or amounts You owe Us.
3. OWNERSHIP OF THE PROPERTY - You promise that You own the Property or, if this Loan is to buy the Property, You promise You will use the Loan proceeds for that purpose. You promise that no one else has any interest in or claim against the Property that You have not already told Us about. You promise not to sell or lease the Property or to use it as security for a loan with another creditor until the Loan is repaid. You promise You will allow no other security interest or lien to attach to the Property either by Your actions or by operation of law.
4. PROTECTING THE SECURITY INTEREST - If Your state issues a title for the Property, You promise to have Our security interest shown on the title. We may have to file what is called a financing statement to protect Our security interest from the claims of others. You irrevocably authorize Us to execute (on Your behalf), if applicable, and file one or more financing, continuation or amendment statements pursuant to the Uniform Commercial Code (UCC) in a form satisfactory to Us. You promise to do whatever else We think is necessary to protect Our security interest in the Property. You also promise to pay all costs, including but not limited to any attorney fees, We incur in protecting Our security interest and rights in the Property, to the extent permitted by applicable law.
5. USE OF PROPERTY - Until the Loan has been paid off, You promise You will: (1) Use the Property carefully and keep it in good repair. (2) Obtain Our written permission before making major changes to the Property or changing the address where the Property is kept. (3) Inform Us in writing before changing Your address. (4) Allow Us to inspect the Property. (5) Promptly notify Us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. (7) Not retitle the Property in another state without telling Us.
6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against loss and damage. The amount and coverage of the property insurance must be acceptable to Us. You may provide the property insurance through a policy You already have, or through a policy You get and pay for. You promise to make the insurance policy payable to Us and to deliver the policy or proof of coverage to Us if asked to do so. If You cancel Your insurance and get a refund, We have a right to the refund. If the Property is lost or damaged, We can use the insurance settlement to repair the Property or apply it towards what You owe. You authorize Us to endorse any draft or check which may be payable to You in order for Us to collect any refund or benefits due under Your insurance policy. If You do not pay the taxes or fees on the Property when due or keep it insured, We may pay these obligations, but We are not required to do so. Any money We spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and You will pay interest on those amounts at the same rate You agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor Our loans for the purpose of determining whether You and other borrowers have complied with the insurance requirements of Our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to Us and (2) the cost of determining compliance with the insurance requirements. If We add amounts for taxes, fees or insurance to the unpaid balance of the Loan, We may increase Your payments to pay the amount added within the term of the insurance or term of the Loan.
7. INSURANCE NOTICE - If You do not purchase the required property insurance, the insurance We may purchase and charge You for will cover only Our interest in the Property. The premium for this insurance may be higher because the insurance company may have given Us the right to purchase insurance after uninsured collateral is lost or damaged. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws.
8. DEFAULT - You will be in default if You break any promise You make or fail to perform any obligation You have under this Agreement. You will also be in default under this Agreement if the Loan is in default. You will be in default if any Property You have given Us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the Property or Our security interest in it.
9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When You are in default, We may demand immediate payment of the outstanding balance of the Loan without giving You advance notice and take possession of the Property. You agree the Credit Union has the right to take possession of the Property without judicial process if this can be done without breach of the peace. If We ask, You promise to deliver the Property at a time and place We choose. If the Property is a motor vehicle or boat, You agree that We may obtain a key or other device necessary to unlock and operate it, when You are in default. We will not be responsible for any other
property not covered by this Agreement that You leave inside the Property or that is attached to the Property. We will try to return that property to You or make it available for You to claim.
After We have possession of the Property, We can sell it and apply the money to any amounts You owe Us. We will give You notice of any public disposition or the date after which a private disposition will be held. Our expenses for taking possession of and selling the Property will be deducted from the money received from the sale. Those costs may include the cost of storing the Property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code.
If You have agreed to pay the Loan, You must pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the Loan and to what You owe under this Agreement. You agree to pay interest on that amount at the same rate as the Loan until that amount has been paid.
10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - We can delay enforcing any of Our rights under this Agreement any number of times without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives. If We change the terms of the Loan, You agree that this Agreement will remain in effect.
11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect.
12. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for You to fail to return a motor vehicle that is subject to a security interest, within thirty days after You have received notice of default. The notice will be mailed to the address You gave Us. It is Your responsibility to notify Us if Your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000.00.
[ ] The following notice applies ONLY when the box at left is marked.
13. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
14. OTHER PROVISIONS -Unless otherwise required by applicable federal or state law, this Agreement is governed by Oklahoma state law. For any disputes or claims arising out of this Agreement, all such disputes or claims will be handled in accordance with the Terms and Conditions of Your Account with Tinker Federal Credit Union. THE ARBITRATION OF CLAIMS AND DISPUTES AND CLASS ACTION WAIVER SECTION IN YOUR TERMS AND CONDITIONS YOUR ACCOUNT CONTAINS IMPORTANT INFORMATION REGARDING HOW DISPUTES WILL BE HANDLED ARISING OUT OF THIS AGREEMENT, INCLUDING A REQUIREMENT TO HANDLE DISPUTES THROUGH ARBITRATION AND GIVING UP YOUR RIGHT TO A JURY TRIAL OR ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE.
SIGNATURES
By signing, or otherwise authenticating, as Borrower, You agree to the terms of the Loan Agreement. If Property is described in the "Security" section of the Truth in Lending Disclosure, You also agree to the terms of the Security Agreement. If You sign, or otherwise authenticate, as "Owner of Property" You agree only to the terms of the Security Agreement.
CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT
Borrower 1 Signature Date
7/2/2021
07/02/2021
(Seal)
BRADLEY S BRANDON
Signature Date
X
07/02/2021
(Seal)
Borrower 2 Signature Date
X
07/02/2021
(Seal)
Signature Date
X
07/02/2021
(Seal)
Borrower 3:
Owner of Property
Witness
Credit Union Tinker Federal Credit Union
P.O. Box 45750 Tinker AFB, OK 73145
BORROWER 1 (Name & Address)
BRADLEY S BRANDON
35511 Waco Rd
Shawnee OK 74801
BORROWER 2 (Name & Address)
BORROWER 3 (Name & Address)
OWNER OF PROPERTY NAME AND ADDRESS
<table>
<tr>
<th>Collateral</th>
<th>Property/Model/Make</th>
<th>Year</th>
<th>I.D. Number</th>
<th>Lien Amount</th>
<th>Value</th>
<th>Key Number</th>
</tr>
<tr>
<td>Ford F250 Super Duty X</td>
<td></td>
<td>2017</td>
<td>1FT7W2BT5HEB21928</td>
<td>$0.00<br>$N/A<br>$N/A</td>
<td>$ N/A<br>$ N/A<br>$ N/A</td>
<td>N/A<br>N/A<br>N/A</td>
</tr>
</table>
Other (Describe)
Pledge of Shares $0.00 in Account No.
SECURITY AGREEMENT
In this Security Agreement ("Agreement") all references to "Credit Union", "We", "Our" or "Us" mean the Credit Union whose name appears on this document and anyone to whom the Credit Union assigns or transfers this Agreement. All references to the "Loan" mean the loan described in the Loan Agreement that is part of this document. All references to "You" or "Your" mean any person who signs, or otherwise authenticates, this Agreement.
1. THE SECURITY FOR THE LOAN - You give Us what is known as a security interest in the Property described in the "Security" section of the Truth in Lending Disclosure that is part of this document ("the Property"). The security interest You give includes all accessions. Accessions are things which are attached to or installed in the Property now or in the future. The security interest also includes any replacements for the Property which You buy within 10 days of the Loan and any extensions, renewals or refinancings of the Loan. It also includes any money You receive from selling the Property or from insurance You have on the Property. If the value of the Property declines, You promise to give Us more property as security if asked to do so.
2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS - The security interest secures the Loan and any extensions, renewals or refinancings of the Loan. Unless prohibited by applicable law, the security interest also secures any other loans, including any credit card loan, You have now or receive in the future from Us and any other amounts You owe Us for any reason now or in the future, except any loan secured by Your principal dwelling. If the Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or Your principal dwelling, the Property will secure only this Loan and not other loans or amounts You owe Us.
3. OWNERSHIP OF THE PROPERTY - You promise that You own the Property or, if this Loan is to buy the Property, You promise You will use the Loan proceeds for that purpose. You promise that no one else has any interest in or claim against the Property that You have not already told Us about. You promise not to sell or lease the Property or to use it as security for a loan with another creditor until the Loan is repaid. You promise You will allow no other security interest or lien to attach to the Property either by Your actions or by operation of law.
4. PROTECTING THE SECURITY INTEREST - If Your state issues a title for the Property, You promise to have Our security interest shown on the title. We may have to file what is called a financing statement to protect Our security interest from the claims of others. You irrevocably authorize Us to execute (on Your behalf), if applicable, and file one or more financing, continuation or amendment statements pursuant to the Uniform Commercial Code (UCC) in a form satisfactory to Us. You promise to do whatever else We think is necessary to protect Our security interest in the Property. You also promise to pay all costs, including but not limited to any attorney fees, We incur in protecting Our security interest and rights in the Property, to the extent permitted by applicable law.
5. USE OF PROPERTY - Until the Loan has been paid off, You promise You will: (1) Use the Property carefully and keep it in good repair. (2) Obtain Our written permission before making major changes to the Property or changing the address where the Property is kept. (3) Inform Us in writing before changing Your address. (4) Allow Us to inspect the Property. (5) Promptly notify Us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. (7) Not retile the Property in another state without telling Us.
6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against loss and damage. The amount and coverage of the property insurance must be acceptable to Us. You may provide the property insurance through a policy You already have, or through a policy You get and pay for. You promise to make the insurance policy payable to Us and to deliver the policy or proof of coverage to Us if asked to do so. If You cancel Your insurance and get a refund, We have a right to the refund. If the Property is lost or damaged, We can use the insurance settlement to repair the Property or apply it towards what You owe. You authorize Us to endorse any draft or check which may be payable to You in order for Us to collect any refund or benefits due under Your insurance policy. If You do not pay the taxes or fees on the Property when due or keep it insured, We may pay these obligations, but We are not required to do so. Any money We spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and You will pay interest on those amounts at the same rate You agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor Our loans for the purpose of determining whether You and other borrowers have complied with the insurance requirements of Our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to Us and (2) the cost of determining compliance with the insurance requirements. If We add amounts for taxes, fees or insurance to the unpaid balance of the Loan, We may increase Your payments to pay the amount added within the term of the insurance or term of the Loan.
7. INSURANCE NOTICE - If You do not purchase the required property insurance, the insurance We may purchase and charge You for will cover only Our interest in the Property. The premium for this insurance may be higher because the insurance company
may have given Us the right to purchase insurance after uninsured collateral is lost or damaged. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws.
8. DEFAULT - You will be in default if You break any promise You make or fail to perform any obligation You have under this Agreement. You will also be in default under this Agreement if the Loan is in default. You will be in default if any Property You have given Us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the Property or Our security interest in it.
9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When You are in default, We may demand immediate payment of the outstanding balance of the Loan without giving You advance notice and take possession of the Property. You agree the Credit Union has the right to take possession of the Property without judicial process if this can be done without breach of the peace. If We ask, You promise to deliver the Property at a time and place We choose. If the Property is a motor vehicle or boat, You agree that We may obtain a key or other device necessary to unlock and operate it, when You are in default. We will not be responsible for any other property not covered by this Agreement that You leave inside the Property or that is attached to the Property. We will try to return that property to You or make it available for You to claim.
After We have possession of the Property, We can sell it and apply the money to any amounts You owe Us. We will give You notice of any public disposition or the date after which a private disposition will be held. Our expenses for taking possession of and selling the Property will be deducted from the money received from the sale. Those costs may include the cost of storing the Property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code.
If You have agreed to pay the Loan, You must pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the Loan and to what You owe under this Agreement. You agree to pay interest on that amount at the same rate as the Loan until that amount has been paid.
10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - We can delay enforcing any of Our rights under this Agreement any number of times without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives. If We change the terms of the Loan, You agree that this Agreement will remain in effect.
11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect.
12. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for You to fail to return a motor vehicle that is subject to a security interest, within thirty days after You have received notice of default. The notice will be mailed to the address You gave Us. It is Your responsibility to notify Us if Your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000.00.
☐ The following notice applies ONLY when the box at left is marked.
13. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
14. OTHER PROVISIONS - Unless otherwise required by applicable federal or state law, this Agreement is governed by Oklahoma state law. For any disputes or claims arising out of this Agreement, all such disputes or claims will be handled in accordance with the Terms and Conditions of Your Account with Tinker Federal Credit Union. THE ARBITRATION OF CLAIMS AND DISPUTES AND CLASS ACTION WAIVER SECTION IN YOUR TERMS AND CONDITIONS YOUR ACCOUNT CONTAINS IMPORTANT INFORMATION REGARDING HOW DISPUTES WILL BE HANDLED ARISING OUT OF THIS AGREEMENT, INCLUDING A REQUIREMENT TO HANDLE DISPUTES THROUGH ARBITRATION AND GIVING UP YOUR RIGHT TO A JURY TRIAL OR ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE.
SIGNATURES
By signing, or otherwise authenticating, You agree to the terms of this Security Agreement.
<table>
<tr>
<th>Owner of Property</th>
<th>Date</th>
</tr>
<tr>
<td>07/02/2021<br>(Seal)</td>
<td>07/02/2021<br>(Seal)</td>
</tr>
<tr>
<td>Signature</td>
<td>07/02/2021<br>(Seal)</td>
</tr>
<tr>
<td>X</td>
<td>07/02/2021<br>(Seal)</td>
</tr>
</table>
☐ Owner of Property ☐ Witness
<table>
<tr>
<th>Owner of Property</th>
<th>Date</th>
</tr>
<tr>
<td>07/02/2021<br>(Seal)</td>
<td>07/02/2021<br>(Seal)</td>
</tr>
<tr>
<td>Signature</td>
<td>07/02/2021<br>(Seal)</td>
</tr>
<tr>
<td>X</td>
<td>07/02/2021<br>(Seal)</td>
</tr>
</table>
☐ Owner of Property ☐ Witness
OKLAHOMA TAX COMMISSION
LIEN HOLDERS RELEASE FORMS
VIN: 1FT7W2BT5HEB21928 VEHYR: 2017 MAKE: FORD MODEL: F250 BODY: PK
AGNT #: M5569
LIEN DEBTOR: BRANDON,BRADLEY
BRANDON,BRADLEY
35511 WACO RD
SHAWNEE OK 74801-5703
LIEN HOLDER: TINKER FEDERAL CREDIT UNION
TINKER FEDERAL CREDIT UNION
PO BOX 45750
TINKER AFB OK 73145-0750
REF#: L1925335728
TO: OKLAHOMA TAX COMMISSION
MOTOR VEHICLE DIVISION
P.O. BOX 269061
OKLAHOMA CITY OK 73126
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
; AFFIDVI
STATE OF OKLAHOMA
COUNTY OF OKLAHOMA ss.
Aiden Elder, 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 Bradley Brandon not in the military. A copy is attached hereto.
Signed under penalty of perjury
Aiden Elder
Subscribed and sworn to before me this 9th day of February, 2026.
Notary Public
My Commission Expires:
(SEAL)
EXHIBIT C
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-8401
Birth Date: Feb-XX-1981
Last Name: BRANDON
First Name: BRADLEY
Middle Name:
Status As Of: Feb-09-2026
Certificate ID: 6RPNF9T32DG7BJM
<table>
<tr>
<th colspan="5">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 individual's active duty status based on the Active Duty Status Date</td>
</tr>
</table>
<table>
<tr>
<th colspan="5">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 whether the individual left active duty status within 367 days preceding the Active Duty Status Date</td>
</tr>
</table>
<table>
<tr>
<th colspan="5">The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date</th>
</tr>
<tr>
<th>Order Notification Start Date</th>
<th>Order Notification End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
<tr>
<td colspan="4">This response reflects whether the individual or his/her unit has received early notification to report for active duty</td>
</tr>
</table>
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers’ and Sailors’ Civil Relief Act of 1940). DMDC has issued hundreds of thousands of “does not possess any information indicating that the individual is currently on active duty” responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person’s status by contacting that person’s Service. Service contact information can be found on the SCRA website’s FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c).
This response reflects the following information: (1) The individual’s Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.
TFCU
Tinker Federal Credit Union
P.O. Box 45750, Tinker AFB, OK 73145-0750
Loan and Security Agreements
and Disclosure Statement
Covered Borrower Under Military Lending Act
FIXED RATE STEP RATE LOAN DATE ACCOUNT NUMBER LOAN NUMBER MATURITY DATE
VARIABLE RATE 11/30/2021
0061 06/14/2027
BORROWER 1 (Name & Address)
BRADLEY S BRANDON
35511 Waco Rd
Shawnee, OK 74801-5703
BORROWER 2 (Name & Address)
BORROWER 3 (Name & Address)
BORROWER 4 (Name & Address)
TRUTH IN LENDING DISCLOSURE ('e' means an estimate)
ANNUAL PERCENTAGE RATE
The cost of Your credit as a yearly rate.
10.990 %
FINANCE CHARGE
The dollar amount the credit will cost You.
$ 2,881.09 e
Amount Financed
The amount of credit provided to You or on Your behalf.
$8,408.98
Total of Payments
The amount You will have paid after You have made all payments as scheduled.
$11,290.07 e
Total Sale Price
The total cost of Your purchase on credit is $ N/A
which includes Your downpayment of $ N/A
Your Payment Schedule Will Be:
Number of Payments Amount of Payments When Payments Are Due
065 $171.07 Monthly BEGINNING 01/14/2022
1 $170.52 e Maturing 06/14/2027
Prepayment: If You pay off early You will not have to pay a penalty.
Required Deposit: The Annual Percentage Rate does not take into account Your required deposit, if any.
Demand: ☐ This obligation has a demand feature.
☐ All disclosures are based on an assumed maturity of one year.
Filing Fees $10.00 Non-Filing Insurance $N/A
Property Insurance: You may obtain property insurance from anyone You want that is acceptable to the Credit Union. If You get the insurance from the Credit Union You will pay $ ______
Late Charge: If any payment or portion of payment you make is more than ten days past its due date, you will be charged the greater of $20.50 or 5.00% of the unpaid amount of the scheduled monthly payment. No late charge will be assessed on any payment when the delinquency is caused only by late fees assessed on earlier payments, and the payment received is otherwise a full payment.
Security: Collateral securing other loans with the Credit Union may also secure this Loan. You are giving a security interest in Your shares and dividends and, if any, Your deposits and interest in the Credit Union; and the Property described below:
Collateral Property/Model/Make Year I.D. Number Type Value Key Number
Chevrolet Cruze 2014 1G1PA5SH4E7487044 N/A $ N/A N/A
Other (Describe) Pledge of Shares $ 0.00 in Account No.
Variable Rate:
N/A
See Your contract documents for any additional information about nonpayment, default, and any required repayment in full before the scheduled date.
ITEMIZATION OF THE AMOUNT FINANCED ('e' means an estimate)
<table>
<tr>
<th>Itemization of Amount Financed of</th>
<th>Amount Given to You Directly</th>
<th>Amount Paid on Your Account</th>
<th>Prepaid Finance Charge</th>
</tr>
<tr>
<td>$8,408.98</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
</tr>
</table>
Amounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk (*) We will be retaining a portion of the amount.)
<table>
<tr>
<th></th>
<th>To LIEN FEE</th>
<th>To SIGHT DRAFT</th>
<th>To</th>
<th>To</th>
<th>To</th>
<th>To</th>
<th>-$</th>
<th>To</th>
</tr>
<tr>
<td>$10.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>S</td>
<td>To</td>
</tr>
<tr>
<td>$8,398.56</td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td>To</td>
</tr>
<tr>
<td>$0.00</td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> $</td>
<td>To</td>
</tr>
<tr>
<td>$0.00</td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td>$0.00</td>
<td> </td>
<td>To</td>
</tr>
<tr>
<td>$0.00</td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td>$0.00</td>
<td> </td>
<td> </td>
<td>To</td>
</tr>
<tr>
<td>$0.00</td>
<td> </td>
<td> </td>
<td> </td>
<td>$0.00</td>
<td> </td>
<td> </td>
<td> </td>
<td>To</td>
</tr>
<tr>
<td>$0.00</td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td>To</td>
</tr>
</table>
MILITARY LENDING ACT DISCLOSURES
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).
Please call Us at 1-844-756-3767 to receive oral disclosures of the Military Lending Act disclosure above and a description of the payment obligation.
A "Covered Borrower" for purposes of this loan means a consumer who, at the time the consumer becomes obligated on this loan, is a covered member or a dependent of a covered member as defined by the Military Lending Act. A Covered Borrower does not mean a consumer who (though a Covered Borrower at the time he or she became obligated on this transaction) no longer is a covered member or a dependent of a covered member as defined by the Military Lending Act.
LOAN AGREEMENT
In this Loan Agreement ("Agreement") all references to "Credit Union", "We", "Our" or "Us" mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "You" or "Your" mean each person who signs, or otherwise authenticates, this Agreement as a borrower.
1. PROMISE TO PAY - You promise to pay $8,408.98 to the Credit Union plus interest on the unpaid balance until what You owe has been repaid.
For fixed rate loans, the interest rate is 10.990 % per year.
For step-rate loans, the initial interest rate will be N/A % until N/A and then the interest rate will be N/A % until the balance is repaid in full.
For variable rate loans, the initial interest rate is N/A % per year and will vary as follows:
N/A
You will pay principal and interest by making payments each month. Your initial monthly payment will be in the amount of U.S. $171.07 .
You will make payments on the 14th day of each month beginning on01/14/2022 . Subject only to the payment terms below, You will make these payments every month until You have paid all of the principal and interest and any other charges, described below, that You may owe under this Agreement. If, on06/14/2027 , You still owe amounts under this Agreement, You will pay all amounts in full on that date.
Collection Costs: In the event of default, You are liable for and agree to pay reasonable costs of collection to the extent permitted by applicable law. You agree to pay reasonable expenses and costs we incur in realizing on the security interest, including, without limitation, repossession costs, court costs, fees for replevin bonds, expert fees, storage costs, repair costs, preparation for sale expenses, filing costs, and selling costs. If You default and We refer Your debt to an attorney who is not one of Our salaried employees, You agree to pay reasonable attorney's fees in the amount of 15% of the unpaid debt. In the event of litigation or action to enforce Our rights, a court may award reasonable attorney's fees to a prevailing party in any transaction where such expenses and fees may be awarded in accordance with applicable law.
2. PAYMENTS - If you elect voluntary payment protection, we will include the premium or program fee in your payments. If you subsequently elect voluntary payment protection, we will either include the premium or program fee in your payments or extend the term of your loan. If the term is extended, you will be required to make additional payments of the scheduled amount, until what you owe has been paid. All prepayments will be applied first to accrued and unpaid fees and Finance Charge(s). Any language to the contrary notwithstanding, the balance of any prepayments may be applied, at the option of Lender, (i) to the final installments of the principal, beginning with the final installment, which may shorten the maturity of the loan or reduce the final payment or payments, (unless there is a missed payment) or (ii) to the prepayment of the next forthcoming installments of principal and interest, in order, which will not shorten the maturity of the loan or reduce any remaining payments. If you do not make payments exactly as scheduled, your final payment may be more or less than the amount of the final payment that is disclosed. You are allowed to prepay your loan balance and make monthly payments early without penalty; however, the "due date" for your next payment will not advance more than three (3) months. You are expected to make and continue to make and/or schedule a payment each month
to meet the requirements of your loan agreement with us and to avoid default until your loan is paid in full. You promise to make all payments to the place we choose. If this loan refinances another loan we have with you, the other loan will be canceled and refinanced as of the date of this loan. Unless otherwise required by law, payments will be applied to amounts owed in the manner we choose.
3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to You, interest on this loan begins on the date the loan proceeds are mailed to You.
4. SECURITY FOR LOAN - This Agreement is secured by all property described in the "Security" section of the Truth in Lending Disclosure. Property securing other loans You have with Us also secures this loan, unless the property is a dwelling or otherwise prohibited by federal and/or state law. In addition to Your pledge of shares, We may also have what is known as a statutory lien on all individual and joint accounts You have with Us. A statutory lien means We have the right under federal and/or state law to claim an interest in Your accounts. Unless otherwise prohibited by federal and/or state law, We can enforce a statutory lien against Your shares and dividends and, if any, interest and deposits, in all individual and joint accounts You have with Us to satisfy any outstanding financial obligation that is due and payable to Us. We may exercise Our right to enforce this lien without further notice to You, to the extent permitted by law. For all borrowers: You pledge as security for this loan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts You have with the Credit Union now and in the future. The statutory lien and/or Your pledge will allow Us to apply the funds in Your account(s) to what You owe when You are in default. If a dollar amount and account number are listed in the "Security" section of the Truth in Lending Disclosure, You may not withdraw the amount that has been specifically pledged to secure this loan until the Credit Union agrees to release all or part of the pledged amount. The statutory lien and Your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security.
5. DEFAULT - You will be in default under this Agreement if You do not make a payment of the amount required on or before the date it is due. You will be in default if You break any promise You made in connection with this loan or if anyone is in default under any security agreement made in connection with this Agreement. You will be in default if You die, file for bankruptcy, become insolvent (that is, unable to pay Your bills and loans as they become due), or if You made any false or misleading statements in Your loan application. You will also be in default if something happens that We believe may seriously affect Your ability to repay what You owe under this Agreement or if You are in default under any other loan agreement You have with Us.
6. ACTIONS AFTER DEFAULT - When You are in default, We may demand immediate payment of the entire unpaid balance under this Agreement. If We demand immediate payment, You will continue to pay interest at the rate provided for in this Agreement, until what You owe has been repaid. We will also apply against what You owe any shares and/or deposits given as security under this Agreement. We may also exercise any other rights given by law when You are in default. Unless You are a Covered Borrower under the Military Lending Act, You waive any right You have to receive demand for payment, notice of intent to demand immediate payment and notice of demand for immediate payment.
7. EACH PERSON RESPONSIBLE - Each person who signs, or otherwise authenticates, this Agreement will be individually and jointly responsible for paying the entire amount owed under this Agreement. This means We can enforce Our rights against any one of You individually or against all of You together.
8. LATE CHARGE - If You are late in making a payment, You promise to pay the late charge shown in the Truth in Lending Disclosure. If no late charge is shown, You will not be charged one.
9. DELAY IN ENFORCING RIGHTS - We can delay enforcing any of Our rights under this Agreement any number of times without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives.
10. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect.
11. NOTICES - Notices will be sent to You at the most recent address You have given Us in writing. Notice to any one of You will be notice to all.
12. USE OF ACCOUNT - You promise to use Your account for consumer (personal, family or household) purposes, unless the Credit Union gives You written permission to use the account also for agricultural or commercial purposes, or to purchase real estate.
13. NO ORAL AGREEMENTS -- THIS NOTE CONSTITUTES A "WRITTEN LOAN AGREEMENT" PURSUANT TO SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES. THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
14. The following is required by Vermont law: NOTICE TO COSIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU.
15. NOTICE TO UTAH BORROWERS: This written Agreement is the final expression of the Agreement between You and the Credit Union. This written Agreement may not be contradicted by evidence of any oral agreement.
16. GOVERNING LAW - Unless otherwise required by applicable federal or state law, this Agreement is governed by Oklahoma state law.
17. ARBITRATION - For any disputes or claims arising out of this Agreement, all such disputes or claims will be handled in accordance with the Terms and Conditions of Your Account with Tinker Federal Credit Union. THE ARBITRATION OF CLAIMS AND DISPUTES AND CLASS ACTION WAIVER SECTION IN YOUR TERMS AND CONDITIONS OF YOUR ACCOUNT CONTAINS IMPORTANT INFORMATION REGARDING HOW DISPUTES WILL BE HANDLED ARISING OUT OF THIS AGREEMENT, INCLUDING A REQUIREMENT TO HANDLE DISPUTES THROUGH ARBITRATION AND GIVING UP YOUR RIGHT TO A JURY TRIAL OR ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE. This waiver will apply unless you are a Covered Borrower under the Military Lending Act or unless otherwise prohibited by law.
18. OTHER PROVISIONS -
SECURITY AGREEMENT
In this Security Agreement ("Agreement") all references to "Credit Union", "We", "Our" or "Us" mean the Credit Union whose name appears on this document and anyone to whom the Credit Union assigns or transfers this Agreement. All references to the "Loan" mean the loan described in the Loan Agreement that is part of this document. All references to "You" or "Your" mean any person who signs, or otherwise authenticates, this Agreement.
1. THE SECURITY FOR THE LOAN - You give Us what is known as a security interest in the Property described in the "Security" section of the Truth in Lending Disclosure that is part of this document ("the Property"). The security interest You give includes all accessions. Accessions are things which are attached to or installed in the Property now or in the future. The security interest also includes any replacements for the Property which You buy within 10 days of the Loan and any extensions, renewals or refinancings of the Loan. It also includes any money You receive from selling the Property or from insurance You have on the Property. If the value of the Property declines, You promise to give Us more property as security if asked to do so.
2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS - The security interest secures the Loan and any extensions, renewals or refinancings of the Loan. Unless prohibited by applicable law, the security interest also secures any other loans, including any credit card loan, You have now or receive in the future from Us and any other amounts You owe Us for any reason now or in the future, except any loan secured by Your principal dwelling. If the Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or Your principal dwelling, the Property will secure only this Loan and not other loans or amounts You owe Us.
3. OWNERSHIP OF THE PROPERTY - You promise that You own the Property or, if this Loan is to buy the Property, You promise You will use the Loan proceeds for that purpose. You promise that no one else has any interest in or claim against the Property that You have not already told Us about. You promise not to sell or lease the Property or to use it as security for a loan with another creditor until the Loan is repaid. You promise You will allow no other security interest or lien to attach to the Property either by Your actions or by operation of law.
4. PROTECTING THE SECURITY INTEREST - If Your state issues a title for the Property, You promise to have Our security interest shown on the title. We may have to file what is called a financing statement to protect Our security interest from the claims of others. You irrevocably authorize Us to execute (on Your behalf), if applicable, and file one or more financing, continuation or amendment statements pursuant to the Uniform Commercial Code (UCC) in a form satisfactory to Us. You promise to do whatever else We think is necessary to protect Our security interest in the Property. You also promise to pay all costs, including but not limited to any attorney fees, We incur in protecting Our security interest and rights in the Property, to the extent permitted by applicable law.
5. USE OF PROPERTY - Until the Loan has been paid off, You promise You will: (1) Use the Property carefully and keep it in good repair. (2) Obtain Our written permission before making major changes to the Property or changing the address where the Property is kept. (3) Inform Us in writing before changing Your address. (4) Allow Us to inspect the Property. (5) Promptly notify Us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. (7) Not retitle the Property in another state without telling Us.
6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against loss and damage. The amount and coverage of the property insurance must be acceptable to Us. You may provide the property insurance through a policy You already have, or through a policy You get and pay for. You promise to make the insurance policy payable to Us and to deliver the policy or proof of coverage to Us if asked to do so. If You cancel Your insurance and get a refund, We have a right to the refund. If the Property is lost or damaged, We can use the insurance settlement to repair the Property or apply it towards what You owe. You authorize Us to endorse any draft or check which may be payable to You in order for Us to collect any refund or benefits due under Your insurance policy. If You do not pay the taxes or fees on the Property when due or keep it insured, We may pay these obligations, but We are not required to do so. Any money We spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and You will pay interest on those amounts at the same rate You agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor Our loans for the purpose of determining whether You and other borrowers have complied with the insurance requirements of Our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to Us and (2) the cost of determining compliance with the insurance requirements. If We add amounts for taxes, fees or insurance to the unpaid balance of the Loan, We may increase Your payments to pay the amount added within the term of the insurance or term of the Loan.
7. INSURANCE NOTICE - If You do not purchase the required property insurance, the insurance We may purchase and charge You for will cover only Our interest in the Property. The premium for this insurance may be higher because the insurance company may have given Us the right to purchase insurance after uninsured collateral is lost or damaged. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws.
8. DEFAULT - You will be in default if You break any promise You make or fail to perform any obligation You have under this Agreement. You will also be in default under this Agreement if the Loan is in default. You will be in default if any Property You have given Us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the Property or Our security interest in it.
9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When You are in default, We may demand immediate payment of the outstanding balance of the Loan without giving You advance notice and take possession of the Property. You agree the Credit Union has the right to take possession of the Property without judicial process if this can be done without breach of the peace. If We ask, You promise to deliver the Property at a time and place We choose. If the Property is a motor vehicle or boat, You agree that We may obtain a key or other device necessary to unlock and operate it, when You are in default. We will not be responsible for any other
property not covered by this Agreement that You leave inside the Property or that is attached to the Property. We will try to return that property to You or make it available for You to claim.
After We have possession of the Property, We can sell it and apply the money to any amounts You owe Us. We will give You notice of any public disposition or the date after which a private disposition will be held. Our expenses for taking possession of and selling the Property will be deducted from the money received from the sale. Those costs may include the cost of storing the Property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code.
If You have agreed to pay the Loan, You must pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the Loan and to what You owe under this Agreement. You agree to pay interest on that amount at the same rate as the Loan until that amount has been paid.
10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - We can delay enforcing any of Our rights under this Agreement any number of times without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives. If We change the terms of the Loan, You agree that this Agreement will remain in effect.
11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect.
12. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for You to fail to return a motor vehicle that is subject to a security interest, within thirty days after You have received notice of default. The notice will be mailed to the address You gave Us. It is Your responsibility to notify Us if Your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000.00.
[ ] The following notice applies ONLY when the box at left is marked.
13. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
14. OTHER PROVISIONS Unless otherwise required by applicable federal or state law, this agreement is governed by Oklahoma state law. For any disputes or claims arising out of this Agreement, all such disputes or claims will be handled in accordance with the Terms and Conditions of Your Account with Tinker Federal Credit Union. THE ARBITRATION OF CLAIMS AND DISPUTES AND CLASS ACTION WAIVER SECTION IN YOUR TERMS AND CONDITIONS YOUR ACCOUNT CONTAINS IMPORTANT INFORMATION REGARDING HOW DISPUTES WILL BE HANDLED ARISING OUT OF THIS AGREEMENT, INCLUDING A REQUIREMENT TO HANDLE DISPUTES THROUGH ARBITRATION AND GIVING UP YOUR RIGHT TO A JURY TRIAL OR ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE.
SIGNATURES
By signing, or otherwise authenticating, as Borrower, You agree to the terms of the Loan Agreement. If Property is described in the "Security" section of the Truth in Lending Disclosure, You also agree to the terms of the Security Agreement. If You sign, or otherwise authenticate, as "Owner of Property" You agree only to the terms of the Security Agreement.
CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT
Borrower 1 Signature
X
BRADLEY S BRANDON
Signature
X
Date
11/30/2021
(Seal)
Date
11/30/2021
(Seal)
[ ] Borrower 3:
[ ] Owner of Property [ ] Witness
[ ] Borrower 4:
[ ] Owner of Property [ ] Witness
Credit Union Tinker Federal Credit Union
P.O. Box 45750 Tinker AFB, OK 73145
BORROWER 1 (Name & Address)
BRADLEY S BRANDON
35511 Waco Rd
Shawnee OK 74801-5703
BORROWER 2 (Name & Address)
BORROWER 3 (Name & Address)
BORROWER 4 (Name & Address)
OWNER OF PROPERTY NAME AND ADDRESS
<table>
<tr>
<th>Collateral</th>
<th>Property/Model/Make</th>
<th>Year</th>
<th>I.D. Number</th>
<th>Lien Amount</th>
<th>Value</th>
<th>Key Number</th>
</tr>
<tr>
<td>Chevrolet Cruze</td>
<td></td>
<td>2014</td>
<td>1G1P55H4ET487044</td>
<td>$10.00<br>$N/A<br>$N/A</td>
<td>$ N/A<br>$ N/A<br>$ N/A</td>
<td>N/A<br>N/A<br>N/A</td>
</tr>
</table>
Other (Describe)
Pledge of Shares $0.00 in Account No. $0.00 in Account No.
SECURITY AGREEMENT
In this Security Agreement ("Agreement") all references to "Credit Union", "We", "Our" or "Us" mean the Credit Union whose name appears on this document and anyone to whom the Credit Union assigns or transfers this Agreement. All references to the "Loan" mean the loan described in the Loan Agreement that is part of this document. All references to "You" or "Your" mean any person who signs, or otherwise authenticates, this Agreement.
1. THE SECURITY FOR THE LOAN - You give Us what is known as a security interest in the Property described in the "Security" section of the Truth in Lending Disclosure that is part of this document ("the Property"). The security interest You give includes all accessions. Accessions are things which are attached to or installed in the Property now or in the future. The security interest also includes any replacements for the Property which You buy within 10 days of the Loan and any extensions, renewals or refinancings of the Loan. It also includes any money You receive from selling the Property or from insurance You have on the Property. If the value of the Property declines, You promise to give Us more property as security if asked to do so.
2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS - The security interest secures the Loan and any extensions, renewals or refinancings of the Loan. Unless prohibited by applicable law, the security interest also secures any other loans, including any credit card loan, You have now or receive in the future from Us and any other amounts You owe Us for any reason now or in the future, except any loan secured by Your principal dwelling. If the Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or Your principal dwelling, the Property will secure only this Loan and not other loans or amounts You owe Us.
3. OWNERSHIP OF THE PROPERTY - You promise that You own the Property or, if this Loan is to buy the Property, You promise You will use the Loan proceeds for that purpose. You promise that no one else has any interest in or claim against the Property that You have not already told Us about. You promise not to sell or lease the Property or to use it as security for a loan with another creditor until the Loan is repaid. You promise You will allow no other security interest or lien to attach to the Property either by Your actions or by operation of law.
4. PROTECTING THE SECURITY INTEREST - If Your state issues a title for the Property, You promise to have Our security interest shown on the title. We may have to file what is called a financing statement to protect Our security interest from the claims of others. You irrevocably authorize Us to execute (on Your behalf), if applicable, and file one or more financing, continuation or amendment statements pursuant to the Uniform Commercial Code (UCC) in a form satisfactory to Us. You promise to do whatever else We think is necessary to protect Our security interest in the Property. You also promise to pay all costs, including but not limited to any attorney fees, We incur in protecting Our security interest and rights in the Property, to the extent permitted by applicable law.
5. USE OF PROPERTY - Until the Loan has been paid off, You promise You will: (1) Use the Property carefully and keep it in good repair. (2) Obtain Our written permission before making major changes to the Property or changing the address where the Property is kept. (3) Inform Us in writing before changing Your address. (4) Allow Us to inspect the Property. (5) Promptly notify Us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. (7) Not retitle the Property in another state without telling Us.
6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against loss and damage. The amount and coverage of the property insurance must be acceptable to Us. You may provide the property insurance through a policy You already have, or through a policy You get and pay for. You promise to make the insurance policy payable to Us and to deliver the policy or proof of coverage to Us if asked to do so. If You cancel Your insurance and get a refund, We have a right to the refund. If the Property is lost or damaged, We can use the insurance settlement to repair the Property or apply it towards what You owe. You authorize Us to endorse any draft or check which may be payable to You in order for Us to collect any refund or benefits due under Your insurance policy. If You do not pay the taxes or fees on the Property when due or keep it insured, We may pay these obligations, but We are not required to do so. Any money We spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and You will pay interest on those amounts at the same rate You agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor Our loans for the purpose of determining whether You and other borrowers have complied with the insurance requirements of Our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to Us and (2) the cost of determining compliance with the insurance requirements. If We add amounts for taxes, fees or insurance to the unpaid balance of the Loan, We may increase Your payments to pay the amount added within the term of the insurance or term of the Loan.
7. INSURANCE NOTICE - If You do not purchase the required property insurance, the insurance We may purchase and charge You for will cover only Our interest in the Property. The premium for this insurance may be higher because the insurance company
may have given Us the right to purchase insurance after uninsured collateral is lost or damaged. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws.
8. DEFAULT - You will be in default if You break any promise You make or fail to perform any obligation You have under this Agreement. You will also be in default under this Agreement if the Loan is in default. You will be in default if any Property You have given Us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the Property or Our security interest in it.
9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When You are in default, We may demand immediate payment of the outstanding balance of the Loan without giving You advance notice and take possession of the Property. You agree the Credit Union has the right to take possession of the Property without judicial process if this can be done without breach of the peace. If We ask, You promise to deliver the Property at a time and place We choose. If the Property is a motor vehicle or boat, You agree that We may obtain a key or other device necessary to unlock and operate it, when You are in default. We will not be responsible for any other property not covered by this Agreement that You leave inside the Property or that is attached to the Property. We will try to return that property to You or make it available for You to claim.
After We have possession of the Property, We can sell it and apply the money to any amounts You owe Us. We will give You notice of any public disposition or the date after which a private disposition will be held. Our expenses for taking possession of and selling the Property will be deducted from the money received from the sale. Those costs may include the cost of storing the Property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code.
If You have agreed to pay the Loan, You must pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the Loan and to what You owe under this Agreement. You agree to pay interest on that amount at the same rate as the Loan until that amount has been paid.
10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - We can delay enforcing any of Our rights under this Agreement any number of times without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives. If We change the terms of the Loan, You agree that this Agreement will remain in effect.
11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect.
12. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for You to fail to return a motor vehicle that is subject to a security interest, within thirty days after You have received notice of default. The notice will be mailed to the address You gave Us. It is Your responsibility to notify Us if Your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000.00.
[ ] The following notice applies ONLY when the box at left is marked.
13. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
14. OTHER PROVISIONS - Unless otherwise required by applicable federal or state law, this Agreement is governed by Oklahoma state law. For any disputes or claims arising out of this Agreement, all such disputes or claims will be handled in accordance with the Terms and Conditions of Your Account with Tinker Federal Credit Union. THE ARBITRATION OF CLAIMS AND DISPUTES AND CLASS ACTION WAIVER SECTION IN YOUR TERMS AND CONDITIONS YOUR ACCOUNT CONTAINS IMPORTANT INFORMATION REGARDING HOW DISPUTES WILL BE HANDLED ARISING OUT OF THIS AGREEMENT, INCLUDING A REQUIREMENT TO HANDLE DISPUTES THROUGH ARBITRATION AND GIVING UP YOUR RIGHT TO A JURY TRIAL OR ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE.
SIGNATURES
By signing, or otherwise authenticating, You agree to the terms of this Security Agreement.
Owner of Property
Date
11/30/2021
(Seal)
Signature
Date
11/30/2021
(Seal)
[ ] Owner of Property [ ] Witness
Owner of Property
Date
11/30/2021
(Seal)
Signature
Date
11/30/2021
(Seal)
[ ] Owner of Property [ ] Witness
Tinker Federal Credit Union- NMLS# 490973 REBECCA COYNER-NMLS# 1694023
OKLAHOMA TAX COMMISSION
LIEN HOLDERS RELEASE FORMS
VIN: 1G1PA5SH4E7487044 VEHyr: 2014 MAKE: CHEV MODEL: CRUZE LIEN DATE: 12/03/2021 BODY: SD
AGNT #: M5569
LIEN DEBTOR: BRANDON, BRADLEY S
BRANDON, BRADLEY S
35511 WACO RD
SHAWNEE OK 74801-5703
LIEN HOLDER: TINKER FEDERAL CREDIT UNION
TINKER FEDERAL CREDIT UNION
PO BOX 45750
TINKER AFB OK 73145-0750
TO: OKLAHOMA TAX COMMISSION
MOTOR VEHICLE DIVISION
P.O. BOX 269061
OKLAHOMA CITY OK 73126
REF#: L1964892552
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
SIMPLE INTEREST
BUYER(S) NAME | SELLER/SECURED PARTY NAME | SECURITY AGREEMENT
BRADLEY SCOTT BRANDON | NELSON MAZDA NORMAN
BUVER'S ADDRESS | SELLER/SECURED PARTY ADDRESS
35511 WACO RD | 521 N Interstate Dr
SHAWNEE, OK 74801 | Norman, OK 73069
NUMBER | DATE OF SALE
09/08/22
DISCLOSURES
<table>
<tr>
<th>1. ANNUAL PERCENTAGE RATE</th>
<th>2. FINANCE CHARGE</th>
<th>3. AMOUNT FINANCED</th>
<th>4. TOTAL OF PAYMENTS<br>(Add lines 2 and 3)</th>
<th>5. TOTAL SALES PRICE<br>(Add line 4 and box 4)</th>
</tr>
<tr>
<td>The cost of the credit as a yearly rate.</td>
<td>The dollar amount the credit will cost.</td>
<td>The amount of credit provided to Buyer or on his behalf as itemized below.</td>
<td>The amount Buyer will have paid after Buyer has made all payments as scheduled.</td>
<td>The total cost of the sale including Buyer's down payment of $<u></u></td>
</tr>
<tr>
<td>8.99%</td>
<td>$ 4,424.80</td>
<td>$ 18,044.00</td>
<td>$ 22,468.80</td>
<td>$ 22,468.80</td>
</tr>
</table>
PAYMENT SCHEDULE WILL BE:
<table>
<tr>
<th colspan="2">NO. OF REGULAR PAYMENTS</th>
<th colspan="2">AMOUNT OF PAYMENTS</th>
<th colspan="2"></th>
</tr>
<tr>
<td>60</td>
<td>Regular</td>
<td>$ 374.48</td>
<td>Plus a Final Payment</td>
<td>$</td>
<td>N/A</td>
</tr>
<tr>
<th>FREQUENCY OF PAYMENTS</th>
<th>DUE DATE OF PAYMENTS</th>
<th colspan="4"></th>
</tr>
<tr>
<td>MONTHLY</td>
<td>First Payment: 10/08/22 Final Payment: 09/08/27</td>
<td colspan="4"></td>
</tr>
</table>
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 $25.00 or 5% 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
[X] The signers of the Security Agreement are giving a security interest in the following property:
USED 2012 MAZDA MX-5 MIATA
VIN # JM1NC2MF0C224126
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 resume the remainder of the mortgage on the original terms [X] cannot assume the remainder of the mortgage.
Fees paid in Cash by Buyer: Filing Fees $ N/A Non-Filing Insurance $ N/A
ITEMIZATION OF AMOUNT FINANCED
<table>
<tr>
<th></th>
<th>CASH PRICE (including Accessories, Sales Tax, Service and Service Protection provided by Seller)</th>
<th></th>
<th></th>
<th></th>
</tr>
<tr>
<td>$</td>
<td>N/A</td>
<td>3 Cash Down Payment</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>N/A</td>
<td>Manufacturer's Rebate N/A</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>N/A</td>
<td>Trade in (describe) N/A</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>N/A</td>
<td>Payoff Balance on Trade-in (if any). Paid to N/A</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>N/A</td>
<td>Net Allowance on Trade-in (Subtract line 5 from line 4)</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>0.00</td>
<td>Total Cash Down and Net Trade (Add lines 2, 3 and 6. If amount is negative enter same positive amount on line 17)</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>0.00</td>
<td>Total Down Payment (Enter amount from line 7 if positive amount, or enter "0" if line 7 is negative)</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>14,542.00</td>
<td>Unpaid Balance of Cash Price (Subtract line 8 from line 1)</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td colspan="5">Account Field ed Others on Buyer's Retail (Seller may retain a portion of amounts designated with an asterisk "*")</td>
</tr>
<tr>
<td>$</td>
<td>N/A</td>
<td>Credit Life Insurance Premium to N/A</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>N/A</td>
<td>Disability Insurance Premium to N/A</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>595.00</td>
<td>Other Insurance Premium to EASYCARE GAP</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>10.00</td>
<td>Permitting Fee to Public Officials</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>N/A</td>
<td>Licence, Title and Registration to *</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>2,398.00</td>
<td>Service Contract to EASYCARE N/A</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>499.00</td>
<td>Processing Fee</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>N/A</td>
<td>To N/A</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>N/A</td>
<td>To N/A</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>3,502.00</td>
<td>Total Amount Paid to Others on Behalf of Buyer (Add lines 10 through 16)</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>N/A</td>
<td>Prepaid Finance Charge</td>
<td>S</td>
<td>N/A</td>
</tr>
<tr>
<td>$</td>
<td>18,044.00</td>
<td>AMOUNT FINANCED (Add lines 9 and 19, less Prepaid Finance Charge entered on line 20)</td>
<td>S</td>
<td>N/A</td>
</tr>
</table>
If this Contract arises from a consumer credit sale of a used vehicle (as defined in Part 455 of Title 16 of the Code of Federal Regulations) then 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.
DISCLAIMER OF WARRANTIES
Seller's oral statements about the property described herein do not constitute warranties and shall not be relied upon by Buyer. No representations are made as to the accuracy of any expressed or implied warranties (including without limitation merchantability and fitness for a particular purpose) with respect to the goods sold; provided however that when warranty is given to Buyer with this sale or Seller and Buyer enter into a service contract for the property within 10 days after this Contract, the implied warranties of MERCHANTABILITY and fitness for a particular purpose are not disclaimed except as noted at duration to the duration of the written warranty.
CREDITOR/ASSIGNEE
TINKER FEDERAL CREDIT UNION
PC BOX 45760
TINKER AFB OK, 73145
SECURITY AGREEMENT
Buyer grants to Seller a security interest in Collateral described herein to secure the payment of Indebtedness evidenced by this Contract, and Buyer agrees that upon default of Buyer in executing this Contract, and except for collateral which is the consumer's dwelling for which the secured debt was incurred by Seller under 16 CFR § 413.9, the Buyer shall be liable to Seller for (1) all obligations owed by Seller to Buyer, (2) all other liabilities to Seller (primary, secondary, direct or indirect, absolute or contingent, sole, joint, or several), to Seller hereunder or otherwise, including those arising subsequent to or acquired by Buyer, and (3) the performance of all agreements, covenants, and warranties of Buyer to Seller on its own account and/or Buyer's behalf. Seller is entitled to collect any proper amount due Buyer or on behalf of Buyer from any third party. Buyer acknowledges and agrees to the following: (a) all personal property conveyed to, or offered to Buyer by Seller, including any proceeds therefrom, is located in or coming from Oklahoma; (b) all rights and interests of Buyer in any automobile, truck, trailer, or similar conveyance are subject to Buyer's obligations under this Contract; (c) proceeds from Basic Life insurance, Disability Insurance coverage, and Accident and Health Insurance Coverage and Automobile insurance coverage and from any extended service contract purchased by the undersigned pursuant to this Contract.
INSURANCE STATEMENT
CREDIT LIFE, ACCIDENT AND HEALTH INSURANCE are not required to obtain this extension of credit and such insurance is available at the option of Buyer and Seller upon the acceptance of credit. Such insurance for unpaid interest and principal for the term of the loan will only be provided if selected and insurance policy number is shown below. The undersigned shall notify Seller of the name of the insurer by indicating the type of insurance desired and signing below.
Life Insurance for [ ] Buyer [ ] Co-Buyer
Cost: $ <u></u> N/A
Accident and Health Insurance for [ ] Buyer [ ] Co-Buyer
Cost: $ <u></u> N/A
[ ] Buyer desires insurance checked above [x] Buyer does not desire the insurance
Date: [ ] Buyer [x] Co-Buyer desires insurance checked above [ ] Buyer does not desire the insurance
VENDOR'S SINGLE INTEREST AND/OR OTHER PROPERTY INSURANCE may be obtained by Buyer and/or Co-Buyer through any person acceptable to Seller. If such insurance is obtained through Seller, the cost for the term of the debt is:
[ ] Property Insurance $ N/A
[x] Vendor's Single Interest Insurance $ N/A
(The insurer issuing this policy waives its right to subrogation against Buyer.)
RETAIL INSTALLMENT SALES
The undersigned Buyer(s) and all other parties listed hereunder, herein sometimes referred to collectively as "Buyer," hereby purchase from Seller the property described herein and agree to the terms set forth herein. Buyer acknowledges and agrees that (a) the actual amount financed herein is less than the Cash Price at the specified Annual Percentage Rate on the balance of the Amount Financed at any time remaining unpaid; and (b) any other accrued amount for which Buyer is responsible, including the Finance Charge. All payments received by Seller are to be applied first to accrued interest, then to principal. Buyer acknowledges that all payments received by Seller to date of payment and then toward payment of the unpaid balance of this Contract.
ALL PARTIES RESERVED PRINCIPALS: All parties reserve the right to assign their right to receive payments under this Contract to any third party at any time. Buyer agrees that any assignment made by Seller to another entity shall be binding, without Buyer's consent, on Buyer and Buyer's successors and assigns. Buyer agrees that any such assignment made by Seller to another entity shall be binding, without Buyer's consent, on Buyer and Buyer's successors and assigns.
PREPAYMENT: Buyer shall have the right to prepay the Amount Financed in whole or in part at any time, provided, however, that prior to or commencing with each such partial prepayment, Buyer shall have paid to Seller the Finance Charge for the period from the date of the partial prepayment through the next scheduled payment date. Upon prepayment in full, the Buyer will be granted a refund of any portion of the applicable Finance Charge. Partial prepayments shall be applied first to accrued interest and then to principal, with the minimum principal payment in inverse order of maturity.
DILIGENCE CHARGE: If any payment required by this Contract is not paid in full within 10 days of the due date, the holder of this Contract may charge a late charge. The late charge will be the greater of (i) 1% of the unpaid amount of the payment or (ii) up to the amount set for delinquency charges by the Administrator of the Oklahoma Department of Licensing and Consumer Affairs. If the amount becomes delinquent, Buyer agrees the amount set by rules of the Administrator may increase to an amount greater than that otherwise provided herein.
COLLECTION COSTS: The Seller may charge and collect from the Buyer the maximum fees permitted by law for each return by a bank or other depositary institution of a discharged check, regardless of whether such check is honored or not. Seller may pursue collection in connection with this sale. This fee shall be in addition to all other fees, fines, charges, fees, and additional charges which Seller may impose in connection with the sale of Buyer's property for refund or resale. Buyer agrees to pay the costs of enforcing the security interest, and to pay attorney fees, not to exceed 15% of the amount owed, wherever assessed by law or in the event this contract is signed.
BUYER(S) 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, the Security Agreement, Disclosure Statement, and Payment Plan (including Additional Provision printed on reverse side) or, failing that, any terms completed on this sheet from Date of Sale indicated above. If applicable, the window form attached hereto is complete and correct.
EXHIBIT F
WARRANTIES AND COVENANTS
1. Financial Information: All applicable balance sheets, earnings statements, other financial information, or other representations which Seller/Secured Party has furnished to Buyer/Assignee or that were furnished by Buyer/Assignee to Seller/Secured Party to induce it to enter into or continue a financed transaction with Buyer/Assignee at the time hereof or for the period shown therein, and all such information and representations shall be complete, correct, true, and accurate in all respects in every material respect as of the date hereof and throughout the period for which such information and representations shall apply. Such information and representations include any written report of condition prepared for Seller/Secured Party or Buyer/Assignee by a certified public accountant, consulting engineer, appraiser or similar party. The representations and warranties contained herein are conditioned upon the full accuracy and completeness of all information provided to Seller/Secured Party by Buyer/Assignee in writing, and no representation or warranty herein shall be construed as a representation or warranty as to any information provided to Seller/Secured Party by Buyer/Assignee outside the scope of this Agreement unless specifically indicated to the contrary in writing by Buyer/Assignee. The representations and warranties contained herein are subject to the following conditions:
2. Authority and Title. Buyer/Assignee hereby represents and warrants that (i) it has the power and authority to enter into this Agreement and to consummate the transactions contemplated hereby; (ii) its execution and delivery of this Agreement has been duly authorized by all necessary action taken by it; and (iii) this Agreement is valid and binding upon it enforceable in accordance with its terms.
3. Liens, Encumbrances, and Security Interest. Buyer/Assignee agrees that the Collateral is free and clear of all liens, encumbrances, and claims of any kind, except as permitted hereunder.
4. Representations and Warranties of Buyer/Assignee. Buyer/Assignee represents and warrants that it owns the Collateral as set forth herein, subject to the rights and interests of Seller/Secured Party granted pursuant to this Agreement.
5. Representations and Warranties of Seller/Secured Party. Seller/Secured Party represents and warrants that it owns the Collateral as set forth herein, subject to the rights and interests of Buyer/Assignee granted pursuant to this Agreement.
6. Representations and Warranties of Both Parties. Both Buyer/Assignee and Seller/Secured Party represent and warrant that they have taken all steps necessary to authorize the entry into this Agreement and the performance hereunder.
7. Representations and Warranties of Seller/Secured Party Regarding Buyer/Assignee. Seller/Secured Party represents and warrants that it believes Buyer/Assignee is entitled to the benefits of this Agreement.
8. Representations and Warranties of Buyer/Assignee Regarding Seller/Secured Party. Buyer/Assignee represents and warrants that it believes Seller/Secured Party is entitled to the benefits of this Agreement.
9. Affidavit or Real or Personal Property Prohibited. Buyer/Assignee shall not permit any of the Collateral described herein to become an accession or affixed to other personal property or to become attached or otherwise connected with any other Collateral.
10. Buyer/Assignee's Right to Proceed Against Seller/Secured Party. Buyer/Assignee shall have the right to proceed against Seller/Secured Party regardless of whether Buyer/Assignee has exhausted any remedies available to Buyer/Assignee herein. Buyer/Assignee may pursue any remedy available hereunder without notice to or demand on Seller/Secured Party.
11. Buyer/Assignee's Right to Proceed Against Third Parties. Buyer/Assignee may proceed against third parties who may assert any rights or interests in the Collateral.
12. Buyer/Assignee's Right to Proceed Against Other Collateral. Buyer/Assignee may proceed against other Collateral if it determines that proceeds from such Collateral are insufficient to satisfy Buyer/Assignee's claims.
13. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
14. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
15. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
16. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
17. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
18. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
19. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
20. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
21. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
22. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
23. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
24. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
25. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
26. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
27. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
28. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
29. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
30. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
31. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
32. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
33. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
34. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
35. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
36. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
37. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
38. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
39. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
40. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
41. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
42. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
43. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
44. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
45. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
46. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
47. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
48. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
49. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
50. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
51. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
52. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
53. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
54. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
55. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
56. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
57. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
58. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
59. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
60. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
61. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
62. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
63. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
64. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
65. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
66. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
67. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
68. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
69. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
70. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
71. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
72. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
73. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
74. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
75. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
76. Buyer/Assignee's Right to Proceed Against Buyer/Assignee's Property. Buyer/Assignee may proceed against Buyer/Assignee's property if it determines that proceeds from such property are insufficient to satisfy Buyer/Assignee's claims.
MOTOR VEHICLE PURCHASE AGREEMENT / BILL OF SALE
Nelson MAZDA NORMAN
821 N. Interstate Dr.
Norman, OK 73069
Phone (405) 321-4488
PURCHASER NAME: BRADLEY SCOTT BRANDON
ADDRESS: 35511 WACO RD
CITY: SHAWNEE
STATE: OK
PHONE: (405)921-0858
EMAIL:
[email protected]
VEHICLE BUYERS ORDER
<table>
<tr>
<th>YEAR</th>
<th>MAKE</th>
<th>MODEL</th>
<th>TYPE</th>
<th>COLOR</th>
</tr>
<tr>
<td>2012</td>
<td>MAZDA</td>
<td>MX-5 MIATA</td>
<td>2DR CONV HA</td>
<td>RED</td>
</tr>
<tr>
<td>VIN #</td>
<td>JM1NC2MF6C0224126</td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>TAG #</td>
<td>USED</td>
<td>DEALER #</td>
<td>N/A</td>
<td>INSPECTION</td>
<td>EXP. DATE</td>
</tr>
<tr>
<td colspan="2">VEHICLE SALES PRICE</td>
<td colspan="3">14,542.00</td>
</tr>
<tr>
<td>RIM SIZE</td>
<td>NO. OF TIRES</td>
<td colspan="3">N/A</td>
</tr>
<tr>
<td>ACCESSORIES & EXTRA EQUIPMENT</td>
<td></td>
<td colspan="3"></td>
</tr>
<tr>
<td>GAP</td>
<td></td>
<td colspan="3">595.00</td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td colspan="3">N/A</td>
</tr>
<tr>
<td>TOTAL DELIVERED PRICE</td>
<td></td>
<td colspan="3">15,137.00</td>
</tr>
<tr>
<td>TRADE-IN ALLOWANCE</td>
<td></td>
<td colspan="3">N/A</td>
</tr>
<tr>
<td>TRADE DIFFERENCE (line 1 minus line 2)</td>
<td></td>
<td colspan="3">15,137.00</td>
</tr>
<tr>
<td>BALANCE DUE ON TRADE-IN (Pay Off)</td>
<td></td>
<td colspan="3">N/A</td>
</tr>
<tr>
<td>PROCESSING FEE</td>
<td></td>
<td colspan="3">509.00</td>
</tr>
<tr>
<td>BENEFIT PACKAGE</td>
<td></td>
<td colspan="3">N/A</td>
</tr>
<tr>
<td>EXTENDED SERVICE PLAN</td>
<td></td>
<td colspan="3">2,398.00</td>
</tr>
<tr>
<td>TOTAL DOWN PAY</td>
<td>N/A</td>
<td colspan="3">N/A</td>
</tr>
<tr>
<td>BALANCE DUE ON DELIVERY (add lines 3-8)</td>
<td></td>
<td colspan="3">18,044.00</td>
</tr>
</table>
DEALER WARRANTY DISCLAIMER - PURCHASE
<table>
<tr>
<th>MAKE</th>
<th>MODEL</th>
<th>BODY TYPE</th>
</tr>
<tr>
<td>MAZDA</td>
<td>MX-5 MIATA</td>
<td>2DR CONV HARD TOP AUTO</td>
</tr>
</table>
VEHICLE IDENTIFICATION NO.: JM1NC2MF6C0224126
YEAR: 2012
The above described motor vehicle is being sold “as is” and “with all faults” and:
THE SELLING DEALER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF THIS VEHICLE. BUYER SHALL NOT BE ENTITLED TO RECOVER FROM THE SELLING DEALER ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS, OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES.
If the above described motor vehicle is a new vehicle then this additional provision is applicable:
THE ONLY WARRANTIES APPLYING TO THIS VEHICLE ARE THOSE OFFERED BY THE MANUFACTURER.
Purchaser acknowledges that he has read, understands and accepts all of the provisions of this dealer warranty disclaimer covering the motor vehicle described above.
Date 09/06/22 Buyers Signature [Signature]
Date 09/06/22 Buyers Signature [Signature]
DISPUTE RESOLUTION CLAUSE: The parties agree that any dispute, claim or controversy between the Purchaser and Dealer arising out of or relating to this agreement or transaction, in any financing contract or other agreement executed by the Purchaser in connection with the sale or purchase of a vehicle shall be submitted to, and exclusively resolved by, mandatory binding arbitration. The parties agree that any such claim shall be presented individually and not as a member or representative of a class. The parties also shall submit to arbitration all disputes concerning the validity, enforceability, scope, interpretation, and application of this agreement. This agreement excludes only those claims which applicable law declares nonarbitrable. The parties shall mutually select a single impartial arbitrator knowledgeable of the automotive industry who shall resolve claims pursuant to the commercial rules of the American Arbitration Association ("AAA") in effect on the date of notice of the claim. If the parties are unable to mutually agree on the selection of an Arbitrator, the parties shall follow the Arbitrator selection process provided by the AAA. The arbitration shall be conducted in Tulsa, Oklahoma, within ninety (90) days from the date of notice of a dispute, claim or controversy, unless the parties mutually agree in writing to a longer or shorter period of time. The parties agree that the Arbitrator shall decide both issues of fact and law, and any finding, ruling, decree or order issued by the Arbitrator shall be final and binding upon the parties, and shall be enforceable as a judgment in a court of competent jurisdiction. Both the Purchaser and Dealer acknowledge and agree that they are waiving their respective rights to a jury trial by entering into this agreement. It is agreed between the parties that the party commencing the arbitration shall be responsible for the payment of all filing fees, unless a court, arbitrator or the arbitration forum requires otherwise in order for this Dispute Resolution Clause to be enforceable. The cost of the arbitrator's fee shall be shared equally between the parties unless a court, arbitrator or the arbitration forum requires otherwise in order for this Dispute Resolution Clause to be enforceable. The prevailing party of any dispute submitted to arbitration shall be entitled to recover attorney's fees and costs if such prevailing party would be entitled to attorney's fees and costs under Oklahoma law. Purchaser and Dealer agree that if Dealer must hire legal counsel to enforce or defend Dealer's legal rights under this Dispute Resolution Clause, Purchaser will pay to Dealer its attorney fees and costs incurred by Dealer in Dealer's successful enforcement or defense of Dealer's rights under this Dispute Resolution Clause.
BEFORE SIGNING THIS ORDER, READ IT CAREFULLY.
Accepted by: [Signature] 09/06/22
Accepted by: [Signature] 09/06/22
ADDITIONAL TERMS AND CONDITIONS
1. As used in this Order the terms (a) "Sold" shall mean authorized Dealer to whom this Order is addressed and who shall become a party thereto by its acceptance thereof; (b) "Purchaser" shall mean the party executing this Order as such on the face hereof, and (c) "Manufacturer" shall mean the Corporation that manufactured the vehicle described under Purchaser and Seller that Seller is in its respect the agent of manufacturer that Seller and Purchaser are the sole parties to this Order and that reference to manufacturer herein is for the purpose of explaining generally certain contractual relationships existing between Seller and manufacturer with respect to new motor vehicles.
2. Trade-In Vehicle. Purchaser represents that Purchaser has good title to any Trade-In Vehicle ("Trade-In") free and clear of all liens and encumbrances except as disclosed by Purchaser and identified on the reverse side hereof under "Balance Owed Ted." Purchaser shall deliver to Dealer satisfactory evidence of title to the Trade-In at the time of delivery of the Trade-In to Dealer. If the Trade-In has not been delivered to Dealer at the time of executing this Order, the Trade-In shall be reappraised at the time of delivery and the amount of the reappraised value shall be substituted for the original value indicated on the reverse side hereof under "Trade-In Allowance". If the reappraised value is less than the original value, then Purchaser may, prior to delivery of the Vehicle cancel this Order. Purchaser shall be responsible and shall pay for the amount, if any, to Dealer, whether or not the purchase of the Vehicle is ever completed.
(a) The Seller and customer have placed a value on customers Trade-In vehicle. This value does not represent actual market value and is exaggerated for trade-in purposes only.
3. Trade-In Purchaser's Obligation. At the time Purchaser delivers the trade-in vehicle to Dealer, Purchaser promises to sign a Bill of Sale and a mileage certificate statement and give Dealer satisfactory proof that Purchaser owns the vehicle. Purchaser warrants (guarantees) (a) that there are no liens on the Trade-In vehicle and that Purchaser owes no one any money for the vehicle or repairs to the vehicle, except as may be shown on the face of this agreement, (b) that the trade-in vehicle does not have a welded or bent chassis and the motor block and cylinder heads are not cracked, welded or repaired; (c) that the vehicle has not been flood damaged or had insurance digitized and has been used in a salt test for insurance purposes; (d) that emission control devices have not been altered or removed, and nothing has been removed from the Trade-In including all seat belts, that were originally there; (e) that the vehicle trading-in has not been altered or damaged in any way; (f) Trade-In vehicle air bags if any, that they have not been deployed, or engaged or been removed; (g) the equipment in Trade-In vehicle has not been altered or tampered with, replaced or repaired, (h) the Purchaser is the vehicle owner represents and warrants (represents), with respect to the Trade-In described herein that they are the sole lawful owner of said Trade-In vehicle, no Option, lease or other interest has not been held in such will to pass title as is specified above.
4. Rights Concerning Vehicle Before Purchase Completed. Purchaser shall not have any rights in the Vehicle to be purchased until Dealer receives final payment and Buyer shall not be liable for any failure to deliver or delay in delivering the Vehicle to be purchased, if such failure or delay is caused, in whole or in part, by the acts or omissions of the Manufacturer, dealerships, strikes, fires or any other events or casualties reasonably beyond Dealer's control.
5. Changes in Design. The Manufacturer of the Vehicle has reserved the right to make changes in the design of any motor vehicle, its component parts, and any accessories without notice and without any obligation to make the same or similar changes to motor vehicles or accessories previously manufactured or under manufacture if the manufacturer determines, to exercise such right, Dealer shall not be required to make the same or similar changes in design to the Vehicle or any accessories when so determined after delivery to Purchaser.
6. Change in Price. Under certain circumstances, the price of a new Vehicle acquired by Dealer and all accessories may be increased by the Manufacturer after when orders are received. Accordingly, Dealer reserves the right to increase the price of the Vehicle prior to delivery in the event of such price increase by the Manufacturer. In the event of an increase, Purchaser may consent:
(a) By the Balance Due on Delivery, as adjusted by the Dealer.
(b) Within twelve (12) calendar days from receiving notice oral or written of such increase from Dealer, cancel this Order by written notice to Dealer
7. Rights on Cancellation and Termination. (a) If this Order is cancelled by Purchaser because of an increase in prices with the time provided in paragraph 6 or a decrease in the Trade-In Allowance as provided in paragraph 2, then Dealer shall return the cash deposit to Purchaser, without interest or deduction, and return any trade-in vehicle, unless it has already been sold by Dealer.
Only if for any other reason Purchaser fails to accept delivery and purchase of the Vehicle as required in this Order, then Dealer may, at its option and in addition to all other rights or remedies terminate this Order, retain the cash deposit made by Purchaser as liquidated damages, the parties acknowledging that dealer's actual damages would be difficult or impossible to calculate and that the amount of such deposit is reasonable approximation of such damages; and, on receipt of payment by Purchaser of Dealer's expenses incurred in connection with the Trade-In, including costs of repair, reconditioning, storage and shipment, return the Trade-In to Purchaser, unless this vehicle has already been sold by Dealer. If Purchaser fails to pay Dealer's expenses in connection with the Trade-In, Dealer may, at its option, sell the Trade-In and deduct its expenses. Dealer shall then cancel this Order if a vehicle is purchased.
8. If the Trade-In has been sold by Dealer before cancellation or termination of this Order, Purchaser agrees to accept as full payment for the trade-in the proceeds of the sale, less the balance owed to Dealer as described below.
9. IMPORTANT! When non-passenger car, light truck purchased on or after January 1, 1998 is defective, and cannot be recalled to conform to applicable express warranty, whichever is earlier, you may be entitled under state law to a replacement or a refund. You must notify the manufacturer in writing within and promptly the manufacturer of an opportunity to repair the vehicle. In the event of a refund, the value of the traded-in vehicle will be established by the National Automobile Dealers Association Used Car Guide and not the value shown in the sales contract. (Lemon Law does not apply to used vehicles.)
9. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM THAT IS NOT CONTRARY TO PROVISIONS IN THE CONTRACT IS CONTRACTUAL.
10. Purchaser certifies that all information requested herein is complete and accurate. Purchaser also authorizes an investigation of credit and employment history by a credit bureau and any information resultant therefrom. Purchaser also authorizes an investigation of credit and employment history by Dealer.
11. Failure to Obtain Financing. Buyer is not obligated to sell upon this contract if financing is unavailable to a willing purchaser from the lender reasonably to be selected. Any aggregate retail delivery date after filing of a signed payment to Dealer in ("Contract"). An approval of financing is not obtained by Buyer if the aggregate advance shown on the form to Dealer in cash upon settlement, and the Buyer shall return the vehicle delivered to Buyer under this Contract and Dealer shall receive the remaining trade-in vehicle and/or deposit or down payment constituting a part of the consideration for this Contract, less Dealer's expense, and/or damages including, but not limited to, cost of any physical damage to the vehicle, $1.00 per mile in excess of 20 miles per day or 150 miles, whichever is less, reasonable attorney's fees, and costs associated with enforcing this Contract, plus any other incidental and consequential damages Dealer suffers as a result of the failure to obtain approval of financing or payment for the balance shown on the front of the Trade-In vehicle has been sold by the Dealer, then Buyer shall be entitled to reimbursement of the actual cash value of the trade-in vehicle and Dealer shall have no liability for any and all debts, obligations, damages, claims, demands, actions, suits, proceedings or judgments of any kind or nature, arising directly from, as a result of, or otherwise connected with this Contract or Buyer's possession of the motor vehicle, as well as from the risks, including reasonable attorney's fees, of defending against suit. Buyer shall maintain full force and effect, insurance to cover damage to the motor vehicle liability arising from the operation of the vehicle.
12. Inspection and Acceptance of Vehicle: If the motor vehicle is a new vehicle, it is possible that some minor scratches, dents or damage have occurred to the vehicle as a result of shipping. These areas are inspected upon arrival at the dealership and all minor damage except the slightest of flaws, is corrected in the Dealer's shop.
(a) If the motor vehicle is being purchased as a used vehicle, Buyer accepts the vehicle in its present condition. Because the vehicle is used, it is possible that it has previous body structural, or mechanical problems and has been repainted. Buyer acknowledges that the right was offered to obtain an independent inspection and evaluation of the vehicle to determine the nature or extent of any prior repairs.
IN EITHER CASE, THE BUYER, BY EXECUTING THIS DOCUMENT, ACKNOWLEDGES THAT BUYER HAS EITHER INSPECTED THE VEHICLE AS FULLY AS DESIRED AND ACCEPTS IT IN ITS PRESENT CONDITION, IN BOTH PHYSICAL APPEARANCE AND MECHANICAL OPERATION, OR WAS OFFERED THE OPPORTUNITY TO MAKE SUCH INSPECTION AND REFUSED TO DO SO.
13. Reliance: Buyer is not relying upon any opinion, promise, statement or representation made by any sales person or other employee of the dealer that is not set out in this Buyer's Order.
DocuSign Envelope ID: 3BC86EA5-A7EF-45CE-B84F-8A3AF99A19A8
RouteOne Credit Application Applicant
Title (optional) | Last Name | First | Middle | Suffix | Date of Birth | Soc. Sec. #
Brandon Bradley Scott /1981
Present Address Line 1 | Present Address Line 2 | Time at Present Address | Driver’s License # / Stat.
35511 Waco Rd | Shawnee | 16 years 0 months | POTTAWATOMIE OK 74801-5703
Previous Address Line 1 | Previous Address Line 2 | Time at Previous Address | Present Address Urbanization Code
City | State | ZIP
Home Phone | Cellular Phone
(405) 921-0850 | (405) 921-0850
Education
No. of Dependents | Preferred Email
[email protected]
Current Employment Title | Employment Status | Employment Type
Motorman | Full Time | Skilled Labor
Current Employer
Southwestern Energy
Current Employer Address Line 1 | City | State | ZIP
Current Employer Address Line 2
Current Employer Phone Number | Business Ph. Ext.# | Time at Current Job | Business Email Address
(877) 516-3496 | 15 years 0 months |
Previous Employer
Previous Occupation | Previous Employer Phone Number | Time at Previous Job
Previous Employer Address Line 1 | Previous Employer Address Line 2 | City | State | ZIP
Alimony, child support, or separate maintenance income need not be revealed if you do not wish to have it considered as a basis for repaying this obligation.
Gross Income | Income Received | Other Income Source | Other Income | Other Income Received | Monthly Support/Alimony Received
Monthly
Residence Type
Buying home
Landlord Name / Mortgage Co. | Landlord / Mortgage Phone Number | Monthly Rent / Mortgage Payment
Bank Name | Bank Account Type Code
Creditor Reference #1 - Name / Address | Creditor Balance #1 | Creditor Monthly Payment #1
Creditor Reference #2 - Name / Address | Creditor Balance #2 | Creditor Monthly Payment #2
Company Financing Auto Loan | Previous Auto Loan Acct # | Previous Auto Loan Balance | Previous Auto Loan Monthly Payment
Nearest Relative Last Name | Nearest Relative Address Line 1 | Relationship | Phone #
First | ZIP
Nearest Relative Address Line 2 | City | State | ZIP |
Additional Reference #1 - Last Name | First Name | Address | City | State | ZIP | Phone |
Address
Additional Reference #2 - Last Name | First Name | Address | City | State | ZIP | Phone |
Bankruptcy Indicator | Bankruptcy Date | Repossession Indicator | Repossession Date
Credit Application
[X] You are applying for individual credit in your own name and are relying on your own income or assets and not the income or assets of another person as the basis for repayment of the credit requested.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT -
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
By signing this application:
I authorize dealer and any finance company, bank or other financial institution to which the dealer submits my application ("you") to investigate my credit and employment history, verify my income, obtain credit reports, and release information about your credit experience with me as the law permits.
I further authorize you to forward my application and all related information to other creditors for evaluation as a method of effectuating my request for credit.
If an account is created, I authorize you to obtain credit reports for the purpose of reviewing or taking collection action on the account, or for other legitimate purposes associated with the account.
Monitoring, Recording, and Collection Communications
I agree that you, your affiliates, agents and service providers may monitor and record telephone calls regarding my account to assure the quality of your service or for other reasons. I also expressly consent and agree to you, your affiliates, agents and service providers using written, electronic or verbal means to contact me as the law allows. This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems. I agree you, your affiliates, agents and service providers may do so using any e-mail address or any telephone number I provide, now or in the future, including a number for a cellular phone or other wireless device, regardless of whether I incur charges as a result.
I certify that I have read and agree to the terms of this application and that the information in it is complete and true.
If you sign this credit application electronically, you intend that process to be your electronic signature on an electronic application, acknowledge receipt of all disclosures provided on the credit application, and give your authorization and consent to the recipient(s) of this application to take the actions identified in the credit application.
Credit Application Signature
Applicant: Bradley Scott Brandon Date 9/6/22
Credit Application: CapitalOne Disclosure
I authorize dealer and any finance company, bank or other financial institution to which the Dealer submits my application ("you") to investigate my credit, income, and employment history, obtain credit reports, and release information about your credit experience with me as the law permits.
Applicant: By [handwritten] Bradley Scott Brandon [handwritten] Date 9/6/22
Co-Applicant: By ________________________________ Date ____________
IMPORTANT INFORMATION ABOUT PROCEDURES FOR APPLYING FOR CREDIT:
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who applies for credit.
What this means to you: When you apply for credit, we will ask for your name, address, date of birth and other information that will allow us to identify you.
Optional Consent
Applicant:
By signing below, you agree to receive advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice, on behalf of the dealer, finance source that purchases your retail installment sales contract or lease agreement, or both, at the following telephone number(s): 405-921-0850, 405-921-0850, 877-516-3496. You further acknowledge that your consent is not required as a condition of applying for or receiving an extension of credit.
Applicant: By ________________________________ Date ____________
OKLAHOMA TAX COMMISSION
LIEN HOLDERS RELEASE FORMS
VIN: JM1NC2MF6CO224126 VEHYR: 2012 MAKE: MAZD MODEL: MIA BODY: CV
AGNT #: M1422 LIEN DATE: 09/06/2022
LIEN DEBTOR: BRANDON BRADLEY SCOTT
BRANDON BRADLEY SCOTT
35511 WACO RD
SHAWNEE OK 74801-5703
LIEN HOLDER: TINKER FEDERAL CREDIT UNION
TINKER FEDERAL CREDIT UNION
PO BOX 45750
TINKER AFB OK 73145-0750
REF#: L0348488136
TO: OKLAHOMA TAX COMMISSION
MOTOR VEHICLE DIVISION
P.O. BOX 269061
OKLAHOMA CITY OK 73126
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