IN THE DISTRICT COURT OF CARTER COUNTY
STATE OF OKLAHOMA
TINKER FEDERAL CREDIT UNION )
)
Plaintiff,
)
vs. )
Case No. CS 26e · 124
LANORA A. CAIN AND HARRY E.)
CAIN,
Defendants.
PETITION
Plaintiff, Tinker Federal Credit Union ("Plaintiff"), for its cause of action against the defendants, Lanora A. Cain and Harry E. Cain ("Defendants"), alleges and states as follows:
CLAIM ONE: BREACH OF CONTRACT – PROMISSORY NOTE L51
1. On or about September 8, 2020, Defendants executed a promissory note (hereinafter referred to as the "Contract") and became obligated to pay TFCU the principal amount of $14,112.77. A true and correct copy is attached hereto as Exhibit "A".
2. Defendants have defaulted on the Contract by failing to timely pay and are indebted to TFCU in the amount of $534.82 as of February 18, 2026.
3. TFCU is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and under 12 O.S. §936.
4. TFCU is entitled to pre and post judgment interest at the contractual rate of 10.9500% per annum.
5. Pursuant to the Servicemember’s Civil Relief Act of 2003, TFCU has reviewed the Department of Defense website and determined Defendants are not in the military. See the Affidavit attached hereto as Exhibit “B”.
6. Pursuant to 40 O.S. §4-508(D), TFCU 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 Defendants.
WHEREFORE, Tinker Federal Credit Union prays for judgment against Defendants, Lanora A. Cain and Harry E. Cain, jointly and severally, for $534.82, plus pre and post judgment interest at 10.9500% per annum and all contractual charges as set forth in the Contract, plus Plaintiff's court costs and a reasonable attorney's fee and all other relief this Court deems just.
CLAIM TWO: BREACH OF CONTRACT – REPLEVIN L53
7. On or about February 24, 2021, Defendants executed a Promissory Note (hereinafter referred to as the "Contract"), and became obligated to pay Plaintiff the principal amount of $12,840.00, plus interest at 6.2400% per annum, according to the terms of the Contract. A copy of the Contract is attached hereto as Exhibit "C".
8. As part of the Contract and to secure the performance of Defendants, Defendants executed a Security Agreement and granted Plaintiff a security interest in a 2014 TOYOTA COROLLA Vin # 5YFBURHE7EP123048 (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 "D".
9. Defendants have 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.
10. As of February 18, 2026, the balance due on the Contract was $3,856.14.
11. 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.
12. Because of Defendants’ 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.
13. The actual value of the Collateral is estimated at $10,525.00.
14. 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.
15. Plaintiff believes that Defendants are in actual or constructive possession of the Collateral, and that Defendants’ possession is subject to the rights of Plaintiff. Although Plaintiff has demanded possession of the Collateral, Defendants have failed to deliver or relinquish possession of the Collateral to Plaintiff. Defendants are, therefore, wrongfully detaining the Collateral.
16. Plaintiff believes that Defendants 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 Defendants to appear and disclose the location of the Collateral.
17. 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 Defendants’ cell phone records and data.
WHEREFORE, Tinker Federal Credit Union prays: (a) that the clerk of this Court issue the above-described notice to Defendants, and further that the notice inform Defendants, 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 Defendants, jointly and severally, in the amount of $3,856.14, plus interest since February 18, 2026, at a rate of 6.2400% 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 Defendants 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 Defendants’ cell phone records and data, (f) that this Court render judgment in favor of Plaintiff and against the Defendants for possession of the Collateral, decreeing that Plaintiff's interest in the Collateral is senior and prior to the interest of Defendants in the Collateral, and authorizing the foreclosure of Plaintiff's security interest in the Collateral and (g) award all contractual charges as set forth in the Contract and all other relief this Court deems just.
Respectfully submitted,
Jeffery S Ludlam, OBA #17822
HALL & LUDLAM, PLLC
210 Park Ave, Suite 3001
Oklahoma City, OK 73102
(405) 600-9500 Telephone
(405) 871-5403 Facsimile
[email protected]
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 09/04/2020
BORROWER 1 (Name & Address)
LANORA A CAIN
419 Cottonwood
Ardmore, OK 73401
BORROWER 2 (Name & Address)
HARRY E CAIN
419 Cottonwood
Ardmore, OK 73401
BORROWER 3 (Name & Address)
BORROWER 4 (Name & Address)
TRUTH IN LENDING DISCLOSURE ('e' means an estimate)
<table>
<tr>
<th>ANNUAL PERCENTAGE RATE</th>
<th>FINANCE CHARGE</th>
<th>Amount Financed</th>
<th>Total of Payments</th>
<th>Total Sale Price</th>
</tr>
<tr>
<td>The cost of Your credit as a yearly rate.</td>
<td>The dollar amount the credit will cost You.</td>
<td>The amount of credit provided to You or on Your behalf.</td>
<td>The amount You will have paid after You have made all payments as scheduled.</td>
<td>The total cost of Your purchase on credit which includes Your downpayment if any is required.</td>
</tr>
<tr>
<td>10.950 %</td>
<td>$ 4,357.70 e</td>
<td>$14,112.77</td>
<td>$18,470.47 e</td>
<td>$ N/A</td>
</tr>
</table>
Your Payment Schedule Will Be:
<table>
<tr>
<th>Number of Payments</th>
<th>Amount of Payments</th>
<th>When Payments Are Due</th>
</tr>
<tr>
<td>059</td>
<td>$ 307.85</td>
<td>Monthly BEGINNING 10/19/2020</td>
</tr>
<tr>
<td>1</td>
<td>$ 307.32</td>
<td>Maturing 09/19/2025</td>
</tr>
</table>
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 $20.50 or 5.00% of the unpaid amount of the scheduled monthly payment. No late charge will be assessed on any payment when the delinquency is caused only by late fees assessed on earlier payments, and the payment received is otherwise a full payment.
Security: Collateral securing other loans with the Credit Union may also secure this Loan. You are giving a security interest in Your shares and dividends and, if any, Your deposits and interest in the Credit Union; and the Property described below:
<table>
<tr>
<th>Collateral</th>
<th>Property/Model/Make</th>
<th>Year</th>
<th>I.D. Number</th>
<th>Type</th>
<th>Value</th>
<th>Key Number</th>
</tr>
<tr>
<td>N/A</td>
<td></td>
<td></td>
<td></td>
<td>N/A</td>
<td>$ N/A</td>
<td>N/A</td>
</tr>
<tr>
<td>N/A</td>
<td></td>
<td></td>
<td></td>
<td>N/A</td>
<td>$ N/A</td>
<td>N/A</td>
</tr>
<tr>
<td>N/A</td>
<td></td>
<td></td>
<td></td>
<td>N/A</td>
<td>$ N/A</td>
<td>N/A</td>
</tr>
</table>
Other (Describe)
Pledge of Shares $0.00 in Account No.
Variable Rate:
N/A
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 $0.00
Non-Filing Insurance $N/A
See Your contract documents for any additional information about nonpayment, default, and any required repayment in full before the scheduled date.
EXHIBIT A
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>$14,112.77</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
</tr>
<tr>
<th colspan="4">Amounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk (*) We will be retaining a portion of the amount.)</th>
</tr>
<tr>
<td>$4,585.05 To Capitol One</td>
<td>$0.00</td>
<td>To</td>
</tr>
<tr>
<td>$1,999.80 To JCP</td>
<td>$0.00</td>
<td>To</td>
</tr>
<tr>
<td>$4,534.96 To REDBRICK</td>
<td>$0.00</td>
<td>To</td>
</tr>
<tr>
<td>$2,992.96 To LOWES</td>
<td>$0.00</td>
<td>To</td>
</tr>
<tr>
<td>$0.00 To</td>
<td>$0.00</td>
<td>To</td>
</tr>
<tr>
<td>$0.00 To</td>
<td>$0.00</td>
<td>To</td>
</tr>
<tr>
<td>$0.00 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 $14,112.77 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 10.95% 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. $307.85
You will make payments on the 19th day of each month beginning on 10/19/2020. 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 09/19/2025, 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, filling 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 EQUALY 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.
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
<table>
<tr>
<th>Borrower 1 Signature</th>
<th>Borrower 2 Signature</th>
<th>Borrower 3 Signature</th>
<th>Borrower 4 Signature</th>
</tr>
<tr>
<td>X<br>Lanora A Cain<br>9/4/2020<br>(Seal)</td>
<td>X<br>Harry E Cain<br>9/4/2020<br>(Seal)</td>
<td></td>
<td></td>
</tr>
<tr>
<td>Signature<br>09/04/2020<br>(Seal)</td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>Borrower 3: <br>Owner of Property</td>
<td>Borrower 4: <br>Owner of Property</td>
<td>Witness</td>
<td>Witness</td>
</tr>
</table>
Borrower 1 (Name & Address)
LANORA A CAIN
419 Cottonwood
Ardmore OK 73401
Borrower 2 (Name & Address)
HARRY E CAIN
419 Cottonwood
Ardmore OK 73401
Borrower 3 (Name & Address)
Borrower 4 (Name & Address)
OWNER OF PROPERTY NAME AND ADDRESS
Collateral | Property/Model/Make | Year | I.D. Number | Lien Amount | Value | Key Number
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.
<table>
<tr>
<th>Owner of Property</th>
<th>Date</th>
<th>(Seal)</th>
</tr>
<tr>
<td>X</td>
<td>09/04/2020</td>
<td></td>
</tr>
<tr>
<td></td>
<td>Date</td>
<td></td>
</tr>
<tr>
<td>X</td>
<td>09/04/2020</td>
<td>(Seal)</td>
</tr>
</table>
<table>
<tr>
<th>Owner of Property</th>
<th>Date</th>
<th>(Seal)</th>
</tr>
<tr>
<td>X</td>
<td>09/04/2020</td>
<td></td>
</tr>
<tr>
<td></td>
<td>Date</td>
<td></td>
</tr>
<tr>
<td>X</td>
<td>09/04/2020</td>
<td>(Seal)</td>
</tr>
</table>
; AFFIDVI
STATE OF OKLAHOMA
COUNTY OF OKLAHOMA )
ss.
states: Ashley Brintrall, of lawful age, being first duly sworn, upon oath deposes and states:
I, 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 Lanora A. Cain not in the military. A copy is attached here to.
Signed under penalty of perjury
Ashley Brintrall
Subscribed and sworn to before me this ___18th__ day of February, 2026.
______________________________
Ranher
Notary Public
My Commission Expires:
(SEAL)
Department of Defense Manpower Data Center
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-3654
Birth Date: Mar-XX-1955
Last Name: CAIN
First Name: LANORA
Middle Name: ALICE
Status As Of: Feb-18-2026
Certificate ID: PNGMTXQK7X32PWS
On Active Duty On Active Duty Status Date
<table>
<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>
</table>
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
<table>
<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>
</table>
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
<table>
<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>
</table>
This response reflects whether the individual or his/her unit has received early notification to report for active duty
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.
; AFFIDAVI
STATE OF OKLAHOMA
COUNTY OF OKLAHOMA )
ss.
Ashley Brintnell, of lawful age, being first duly sworn, upon oath deposes and states:
I, I am a Collections Legal Specialist for Tinker Federal Credit Union and I am authorized to make this Affidavit on its behalf.
Based on a review of the Department of Defense website Harry E. Cain not in the military. A copy is attached here to.
Signed under penalty of perjury
[Signature]
Ashley Brintnell
Subscribed and sworn to before me this 18th day of February, 2026.
[Signature]
Pat Parker
Notary Public
My Commission Expires: 09/23/2027
(SEAL)
Department of Defense Manpower Data Center
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-0333
Birth Date: Jan-XX-1969
Last Name: CAIN
First Name: HARRY
Middle Name: EUGENE
Status As Of: Feb-18-2026
Certificate ID: 5RRC5TCBPX1CSMS
On Active Duty On Active Duty Status Date
<table>
<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>
</table>
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
<table>
<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>
</table>
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
<table>
<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>
</table>
This response reflects whether the individual or his/her unit has received early notification to report for active duty
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.
RETAIL INSTALLMENT SALES CONTRACT - SIMPLE INTEREST
BUYER'S NAME & ADDRESS (Last Name First): LANORA CAIN
HARRY E CAIN
419 COTTONWOOD
ARDMORE, OK 73401
SELLER/SECURED PARTY: CARTER COUNTY HYUNDAI
516 Holiday Drive
Ardmore, OK 73401
NUMBER:
DATE OR SALE: 02/16/21
DISCLOSURES
1. ANNUAL PERCENTAGE RATE
The cost of the credit as a yearly rate: 6.240%
2. FINANCE CHARGE
The amount the credit will cost: $2,526.32
3. AMOUNT FINANCED
The amount of coins provided to Buyer or for his behalf as stated below: $12,840.00
4. TOTAL OF PAYMENTS
The amount Buyer will have paid after Buyer has made all payments as scheduled: $15,666.32
5. TOTAL SALES PRICE
The total cost of the purchase of the credit, including Buyer's down payment: $15,666.32
PAYMENT SCHEDULE WILL BE:
<table>
<tr>
<th>NO. OF REGULAR PAYMENTS</th>
<th>REGULAR</th>
<th>AMOUNT OF PAYMENTS</th>
<th>FINAL PAYMENT</th>
</tr>
<tr>
<td>71</td>
<td>$314.81</td>
<td></td>
<td>$314.81</td>
</tr>
</table>
FREQUENCY OF PAYMENTS
[ ] Monthly
[X] Weekly
DUE DATE OF PAYMENTS
[ ] 02/16/21
[X] Final Payment 03/12/21
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 $28.29 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, and required repayment in full before the scheduled date, and prepayment refunds and penalties.
SECURITY/COLLATERAL
[X] The signer(s) of the Security Agreement are giving a security interest in the following property:
USED 2014 TOYOTA COROLLA
SYPBURH/EP123048
[X] Collateral securing other sales by Seller to Buyer also secures this Contract
[X] Buyer, subject to certain conditions, may be allowed to assume the remainder of the mortgage on the original terms.
[X] Seller cannot assume the remainder of the mortgage
Fees paid in Cash by Buyer: Filing Fees N/A Non-Filing Insurance N/P
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>
</tr>
<tr>
<td>1</td>
<td>10,091.00</td>
<td></td>
</tr>
<tr>
<td>2</td>
<td>1,000.00</td>
<td>Cash Down Payment</td>
</tr>
<tr>
<td>3</td>
<td>N/A</td>
<td>Manufacturer Rebate</td>
</tr>
<tr>
<td>4</td>
<td>N/A</td>
<td>Trade-in Trade-in</td>
</tr>
<tr>
<td>5</td>
<td>N/A</td>
<td>Prepaid Balance on Trade-in if any; Paid to</td>
</tr>
<tr>
<td>6</td>
<td>N/A</td>
<td>Net Allowance on Trade-in (Subtract line 5 from line 4)</td>
</tr>
<tr>
<td>7</td>
<td>1,000.00</td>
<td>Total Cash Down and Net Trade-In Total lines 2, 3 and 6 remains as separate written payments in amounts not less than $100.</td>
</tr>
<tr>
<td>8</td>
<td>1,000.00</td>
<td>Total Down Payments (other amounts from line 7 (if multiple amounts), or enter "N/A" if line 7 is exhausted)</td>
</tr>
<tr>
<td>9</td>
<td>9,091.00</td>
<td>Amount Paid on Buyer's behalf (Seller may retain a portion of amounts designated with an asterisk "*")</td>
</tr>
<tr>
<td>10</td>
<td>N/A</td>
<td>*Credit Life insurance Premium</td>
</tr>
<tr>
<td>11</td>
<td>N/A</td>
<td>*Double Damage Insurance Premium</td>
</tr>
<tr>
<td>12</td>
<td>N/A</td>
<td>*Other Insurance Premium</td>
</tr>
<tr>
<td>13</td>
<td>10.00</td>
<td>Filing and Recording Fees to Public Officials</td>
</tr>
<tr>
<td>14</td>
<td>N/A</td>
<td>Licence, Title and Registration fee</td>
</tr>
<tr>
<td>15</td>
<td>2,150.00</td>
<td>NATL Auto Care</td>
</tr>
<tr>
<td>16</td>
<td>399.00</td>
<td>Processing Fee</td>
</tr>
<tr>
<td>17</td>
<td>N/A</td>
<td>** To</td>
</tr>
<tr>
<td>18</td>
<td>1,200.00</td>
<td>To Genesis</td>
</tr>
<tr>
<td>19</td>
<td>3,749.00</td>
<td>Total Amount Paid to Others on Behalf of Buyer (Add lines 10 Through 18)</td>
</tr>
<tr>
<td>20</td>
<td>12,840.00</td>
<td>AMOUNT FINANCED Add lines 9 and 19. Ass Proposed Finance Charge entered in line 23</td>
</tr>
</table>
If this Contract arises from a consumer credit sale of a used vehicle (as defined in Part 455 of Title 46 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 this window form overrides any contrary provision in the Contract or sale.
DISCLAIMER OF WARRANTIES
Seller's oral representations about the property described herein do not create warranties and shall not be relied upon by Buyer. To the extent permitted by law, Seller disclaims all express and implied warranties (including those relating to title, merchantability, fitness for a particular purpose, and limitations on warranties). All written warranties provided to Buyer shall be limited to the warranty period applicable thereto under the law. Buyer assumes the risk of loss or damage to the property during the term of this Contract.
CREDITOR/ASSIGNEE
TINKER FEDERAL CREDIT UNION
PO BOX 45750
TAFF, OK 73145
SECURITY AGREEMENT
The Underigned grants to Seller a security interest in Collateral described herewith to secure the obligations hereunder evidenced by RETAIL INSTALLMENT SALES CONTRACT dated 02/16/21. Seller may realize upon such Collateral by repossession, sale, or otherwise. No notice of sale need be given prior to the sale of Collateral. Buyer is obligated to return Collateral if Buyer pays off this Contract in full or if Buyer is granted approval for early termination of this Contract by Seller. If Seller notifies Buyer that Buyer owes indebtedness in excess of the proceeds received from the sale of Collateral, Buyer must inform Seller of the proceeds received from the sale of Collateral and pay the difference. Buyer certifies that there is no balance due Seller at the time of early termination of this Contract.
INSURANCE STATEMENT
CREDIT LIFE, ACCIDENT AND HEALTH INSURANCE are not required by this Contract but Buyer may elect to obtain such insurance as a condition to approval of this Contract. If Buyer elects to obtain such insurance, Buyer must notify Seller within 10 days after signing this Contract. Seller will provide Buyer with the name of a company offering such insurance. Buyer must select one of the following types of insurance:
[ ] Domestic Accident and Health Insurance
[ ] Domestic Credit Life Insurance
Vendor's SINGLE INTEREST AND/OR OTHER PROPERTY INSURANCE will be assigned to Buyer if such property is financed through Seller. The cost for the terms of such insurance is:
Property Insurance: N/A Vendor's Single Interest Insurance: N/A
VENDOR'S INTEREST, AND/OR OTHER PROPERTY INSURANCE will be assigned to Buyer if such property is financed through Seller. The cost for the terms of such insurance is:
Property Insurance: N/A Vendor's Single Interest Insurance: N/A
RETAIL INSTALLMENT SALES CONTRACT
The undersigned Buyer(s) and all other parties listed hereunder which are referred to collectively as Buyer, hereby promise that he/they agree to the following terms and conditions and agree to the terms of the contract or agreement referred to as the Retail Installment Sales Contract (hereafter referred to as the Contract). Buyer agrees to pay to Seller the Amount Financed as shown herein, its interest at the Annual Percentage Rate on the balance of the Amount Financed at the time such amount becomes due and payable, except as provided herein. Buyer will be responsible for payment of all fees and charges imposed by Seller as provided in the Contract. Buyer authorizes Seller to charge Buyer's account with the amount of each payment when due. Buyer authorizes Seller to charge Buyer's account with the amount of any payment which is past due. Buyer authorizes Seller to charge Buyer's account with any refund, rebate, or adjustment accruing Buyer by reason of repossession or return of property sold pursuant to this Contract. Buyer authorizes Seller to charge Buyer's account with any premium or additional charge imposed by Seller at any time or whenever Buyer fails to pay when due. Buyer authorizes Seller to charge Buyer's account for any service charge imposed by Seller as provided in the Contract. Buyer agrees that if Buyer fails to make any payment when due, Seller may charge Buyer a penalty equal to 10% of the payment past due. Buyer acknowledges that if Buyer fails to make any payment when due, Seller may charge Buyer an interest charge equal to 5% per month or the maximum rate authorized by law, whichever is greater. Buyer authorizes Seller to deduct from Buyer's account any refund, rebate, or adjustment that accrues Buyer by reason of repossession or return of property sold pursuant to this Contract. Buyer authorizes Seller to deduct from Buyer's account any premium or additional charge imposed by Seller. Buyer authorizes Seller to deduct from Buyer's account any service charge imposed by Seller as provided in the Contract. Buyer authorizes Seller to deduct from Buyer's account any fee imposed by Seller as provided in the Contract. Buyer agrees that if Buyer fails to make any payment when due, Seller may charge Buyer a penalty equal to 10% of the payment past due. Buyer authorizes Seller to charge Buyer's account with any premium or additional charge imposed by Seller at any time or whenever Buyer fails to pay when due. Buyer authorizes Seller to charge Buyer's account with any service charge imposed by Seller as provided in the Contract. Buyer acknowledges that if Buyer fails to make any payment when due, Seller may charge Buyer an interest charge equal to 5% per month or the maximum rate authorized by law, whichever is greater. Buyer authorizes Seller to deduct from Buyer's account any refund, rebate, or adjustment that accrues Buyer by reason of repossession or return of property sold pursuant to this Contract. Buyer authorizes Seller to deduct from Buyer's account any premium or additional charge imposed by Seller. Buyer authorizes Seller to deduct from Buyer's account any service charge imposed by Seller as provided in the Contract. Buyer agrees that if Buyer fails to make any payment when due, Seller may charge Buyer a penalty equal to 10% of the payment past due. Buyer authorizes Seller to charge Buyer's account with any premium or additional charge imposed by Seller at any time or whenever Buyer fails to pay when due. Buyer authorizes Seller to charge Buyer's account with any service charge imposed by Seller as provided in the Contract. Buyer acknowledges that if Buyer fails to make any payment when due, Seller may charge Buyer an interest charge equal to 5% per month or the maximum rate authorized by law, whichever is greater. Buyer authorizes Seller to deduct from Buyer's account any refund, rebate, or adjustment that accrues Buyer by reason of repossession or return of property sold pursuant to this Contract. Buyer authorizes Seller to deduct from Buyer's account any premium or additional charge imposed by Seller. Buyer authorizes Seller to deduct from Buyer's account any service charge imposed by Seller as provided in the Contract. Buyer agrees that if Buyer fails to make any payment when due, Seller may charge Buyer a penalty equal to 10% of the payment past due. Buyer authorizes Seller to charge Buyer's account with any premium or additional charge imposed by Seller at any time or whenever Buyer fails to pay when due. Buyer authorizes Seller to charge Buyer's account with any service charge imposed by Seller as provided in the Contract. Buyer acknowledges that if Buyer fails to make any payment when due, Seller may charge Buyer an interest charge equal to 5% per month or the maximum rate authorized by law, whichever is greater. Buyer authorizes Seller to deduct from Buyer's account any refund, rebate, or adjustment that accrues Buyer by reason of repossession or return of property sold pursuant to this Contract. Buyer authorizes Seller to deduct from Buyer's account any premium or additional charge imposed by Seller. Buyer authorizes Seller to deduct from Buyer's account any service charge imposed by Seller as provided in the Contract. Buyer agrees that if Buyer fails to make any payment when due, Seller may charge Buyer a penalty equal to 10% of the payment past due. Buyer authorizes Seller to charge Buyer's account with any premium or additional charge imposed by Seller at any time or whenever Buyer fails to pay when due. Buyer authorizes Seller to charge Buyer's account with any service charge imposed by Seller as provided in the Contract. Buyer acknowledges that if Buyer fails to make any payment when due, Seller may charge Buyer an interest charge equal to 5% per month or the maximum rate authorized by law, whichever is greater. Buyer authorizes Seller to deduct from Buyer's account any refund, rebate, or adjustment that accrues Buyer by reason of repossession or return of property sold pursuant to this Contract. Buyer authorizes Seller to deduct from Buyer's account any premium or additional charge imposed by Seller. Buyer authorizes Seller to deduct from Buyer's account any service charge imposed by Seller as provided in the Contract. Buyer agrees that if Buyer fails to make any payment when due, Seller may charge Buyer a penalty equal to 10% of the payment past due. Buyer authorizes Seller to charge Buyer's account with any premium or additional charge imposed by Seller at any time or whenever Buyer fails to pay when due. Buyer authorizes Seller to charge Buyer's account with any service charge imposed by Seller as provided in the Contract. Buyer acknowledges that if Buyer fails to make any payment when due, Seller may charge Buyer an interest charge equal to 5% per month or the maximum rate authorized by law, whichever is greater. Buyer authorizes Seller to deduct from Buyer's account any refund, rebate, or adjustment that accrues Buyer by reason of repossession or return of property sold pursuant to this Contract. Buyer authorizes Seller to deduct from Buyer's account any premium or additional charge imposed by Seller. Buyer authorizes Seller to deduct from Buyer's account any service charge imposed by Seller as provided in the Contract. Buyer agrees that if Buyer fails to make any payment when due, Seller may charge Buyer a penalty equal to 10% of the payment past due. Buyer authorizes Seller to charge Buyer's account with any premium or additional charge imposed by Seller at any time or whenever Buyer fails to pay when due. Buyer authorizes Seller to charge Buyer's account with any service charge imposed by Seller as provided in the Contract. Buyer acknowledges that if Buyer fails to make any payment when due, Seller may charge Buyer an interest charge equal to 5% per month or the maximum rate authorized by law, whichever is greater. Buyer authorizes Seller to deduct from Buyer's account any refund, rebate, or adjustment that accrues Buyer by reason of repossession or return of property sold pursuant to this Contract. Buyer authorizes Seller to deduct from Buyer's account any premium or additional charge imposed by Seller. Buyer authorizes Seller to deduct from Buyer's account any service charge imposed by Seller as provided in the Contract. Buyer agrees that if Buyer fails to make any payment when due, Seller may charge Buyer a penalty equal to 10% of the payment past due. Buyer authorizes Seller to charge Buyer's account with any premium or additional charge imposed by Seller at any time or whenever Buyer fails to pay when due. Buyer authorizes Seller to charge Buyer's account with any service charge imposed by Seller as provided in the Contract. Buyer acknowledges that if Buyer fails to make any payment when due, Seller may charge Buyer an interest charge equal to 5% per month or the maximum rate authorized by law, whichever is greater. Buyer authorizes Seller to deduct from Buyer's account any refund, rebate, or adjustment that accrues Buyer by reason of repossession or return of property sold pursuant to this Contract. Buyer authorizes Seller to deduct from Buyer's account any premium or additional charge imposed by Seller. Buyer authorizes Seller to deduct from Buyer's account any service charge imposed by Seller as provided in the Contract. Buyer agrees that if Buyer fails to make any payment when due, Seller may charge Buyer a penalty equal to 10% of the payment past due. Buyer authorizes Seller to charge Buyer's account with any premium or additional charge imposed by Seller at any time or whenever Buyer fails to pay when due. Buyer authorizes Seller to charge Buyer's account with any service charge imposed by Seller as provided in the Contract. Buyer acknowledges that if Buyer fails to make any payment when due, Seller may charge Buyer an
ADDITIONAL PROVISIONS: BUYER EXPRESSLY WARRANTS, COVENANTS AND AGREES
1. Financial Information. All applications, balance sheets, earnings statements, other financial information and other representations which have been, by any method, supplied by Seller to Buyer or Buyer's representatives, shall be true as of the date hereof and represent the financial condition of Seller as of such date. Buyer hereby represents that all financial, business and other information, reports, documents, papers and data furnished in Seller-Secured Party Contract or otherwise received by Buyer in connection herewith has been furnished in good faith and is correct in all material respects and accurately reflects the facts as they exist at the time hereof and that there has been no material change in the financial condition of Buyer since such furnishing and furnished financial information which has not been reported to Seller-Secured Party in writing.
2. Ownership Free of Encumbrances. Buyer will not permit any term or security encumbrance against Buyer's interest or the Collateral to arise, nor allow any such term or security encumbrance to become due, except as permitted under the terms of this Agreement and without the written consent of Seller-Secured Party. Buyer's exact legal name is as set forth on the face of this Agreement and in no event may Buyer's principal residence or any part thereof be used as collateral for the obligations created hereunder. Buyer authorizes Seller-Secured Party to file such financing statements as Seller-Secured Party deems necessary to enforce this Agreement and Buyer hereby acknowledges that a properly completed and delivered Financing Statement is sufficient to perfect a security interest in the Collateral under the Uniform Commercial Code.
3. Financing Statement. Buyer agrees to file with Seller-Secured Party, at each closing, or more frequently, Statements from time to time, in order to perfect or re-perfect perfection of the security interest created herein. Proper notice of reproduction of such Agreement or any Financing Statement is sufficient. Buyer acknowledges receipt hereof.
4. Residence, Use and Location. Statements made herein or otherwise as to Buyer's address, residence, and location or use of the Collateral are true. Buyer will not permit any term or security encumbrance against Buyer's interest or the Collateral to arise, nor allow any such term or security encumbrance to become due, except as permitted under the terms of this Agreement and without the written consent of Seller-Secured Party. Buyer's exact legal name is as set forth on the face of this Agreement and in no event may Buyer's principal residence or any part thereof be used as collateral for the obligations created hereunder. Buyer authorizes Seller-Secured Party to file such financing statements as Seller-Secured Party deems necessary to enforce this Agreement and Buyer hereby acknowledges that a properly completed and delivered Financing Statement is sufficient to perfect a security interest in the Collateral under the Uniform Commercial Code.
5. Sale, Lease or Disposition of Collateral Prohibited. Buyer shall not sell, assign, pledge, exchange, lease, transfer or dispose of the Collateral or any part thereof if the Buyer's right to do so would be restricted by the terms of this Agreement or if the sale, assignment, pledge, exchange, lease, transfer or disposition of the Collateral would impair the first priority status of Seller-Secured Party's security interest therein unless in accordance with the terms of this Agreement. Buyer agrees that Seller-Secured Party shall have the right to dispose of the Collateral in accordance with the terms of this Agreement. Buyer authorizes Seller-Secured Party to give notice of transfer of title to the Collateral or any part thereof to the owner and/or keeper of any Collateral which Buyer owns or controls, including any landlord, lessee or other third party, at any time in Seller's sole discretion, without Buyer's prior consent. In the event that Buyer fails to pay all amounts owed hereunder, Buyer irrevocably appoints Seller-Secured Party as Buyer's attorney-in-fact and general agent with full power of substitution to sell, assign, negotiate and/or dispose of the Collateral or any part thereof at any public or private sale as Seller-Secured Party may determine in its sole discretion, whether at public auction or otherwise, for cash or credit, upon demand, without publicity and without notice to Buyer and without regard to any notice required by law. Any such sale or other disposition by Seller-Secured Party shall not be deemed a breach of this Agreement or any other agreement between Buyer and Seller-Secured Party. Seller-Secured Party may cause the Collateral to be sold or disposed of pursuant to applicable law without notice to Buyer and without regard for Buyer's rights or interests under this Agreement.
IN ADDITION TO THE REMEDIES IMPOSED HEREUNDER, IN INCLUDING WITHOUT LIMITATION ANY RIGHTS TO ACCUMULATE DELINQUENCIES, SELL OR REPOSSESSE COLLATERAL AND/OR RECOVER ATTORNEY'S FEES AND COSTS, SELLER-SECURED PARTY SHALL ALSO HAVE ALL OTHER RIGHTS AND REMEDIES PROVIDED BY LAW IN RESPECT OF COLLATERAL AND/OR RELATIONSHIPS WITH BUYER.
EVENTS OF DEFAULT
Buyer shall be in default under this Agreement upon the happening of any one or more of the following events (each, an "Event of Default"):
1. Any warranty, covenant, agreement, undertaking or statement made or furnished to Seller-Secured Party by or on behalf of Buyer in advance Seller-Secured Party Contract or otherwise, or condition therein, is violated or proves to have been false in any material respect when made or assumed.
2. Any payment required hereunder or under any other note or obligation of Buyer to Seller-Secured Party or its owners is not made within the time specified therein.
3. Buyer defaults in the performance of any covenant, obligation, warranty or provision contained in any Loan Agreement or in any other note or obligation of Buyer to Seller-Secured Party.
4. The occurrence of any event or condition which results in acceleration of the maturity of any obligation of Buyer to Seller-Secured Party as described in this Agreement, or underlying agreement, or underlying agreement, or underlying agreement, or underlying agreement.
REMEDIES
Upon the occurrence of an Event of Default, and after notice therefor, Seller-Secured Party may, at its option and without notice or demand to Buyer, exercise all remedies provided for herein, without limitation, including but not limited to the enforcement or performance of any remedy provided for Seller-Secured Party Contract or otherwise, including, without limitation, the following:
1. Declare the unpaid balance of the Contract and all other obligations and indebtedness of any nature now existing or hereinafter arising under Buyer's obligations to Seller-Secured Party, including, without limitation, the amount owed by Buyer to Seller-Secured Party for reasonable costs and expenses of collection, including reasonable attorney's fees, in an amount equal to 10% of the amount owed to Seller-Secured Party, which amount is hereby assigned to Seller-Secured Party.
2. Require Buyer to assemble, collect or cause to be collected or otherwise maintain all such Collateral. Buyer authorizes Seller-Secured Party to collect any amounts owed Buyer by others to Buyer or with whom Buyer is involved whether or not endorsed attached to the Collateral. If Buyer has not redeemed such property within ten days after notice of its being overdue or overdue property may be sold at public or private sale as Seller-Secured Party determines in its sole discretion.
Any balance of such proceeds remaining unpaid or paid out will be credited to Buyer.
4. Transfer any of the Collateral and evidence thereof into its own name or in a manner to ensure that Borrower will hold the same for delivery to Seller-Secured Party. Seller-Secured Party may also take and record in its name any of Buyer's books or records containing or evidencing the Collateral if Buyer does not furnish Seller-Secured Party with true copies.
4. Seller-Secured Party shall be entitled to all proceeds and income from the sale or disposition of the Collateral, unless Collateral in whole or in part is reasonably sold on a recognized market.
1. Waivers. No act, delay, or omission, including any act or omission of Seller-Secured Party, waiver of remedy, because of any default heretofore, shall constitute a waiver of any of Buyer's rights or the agreement of Seller-Secured Party or any other agreement between the parties. All rights and remedies under this Agreement or any other agreement between the parties are cumulative and may be exercised singularly or concurrently, and the exercise of any right or remedy given hereunder or therein shall not preclude the further exercise of any right or remedy. Any modification, amendment or discharge of any of Seller-Secured Party's rights or obligations under this Agreement shall be effective unless in writing and signed by a duly authorized officer of Seller-Secured Party. Any such waiver will not be a bar to the exercise of any right or remedy on any subsequent default.
Agreement Binding on Assignees. This Agreement shall be binding on the successors and assigns of Seller-Secured Party and Buyer and will be binding upon the heirs, executors, administrators, successors and assigns of Buyer.
2. Rights of Seller-Secured Party Assignable. Seller-Secured Party at any time and at its option may pledge, transfer or assign its rights under this Agreement to another entity at that time, any
ASSIGNMENT BY SELLER AND TERMS
FOR VALUE RECEIVED, Seller hereby sells, assigns, and transfers all of its right, title and interest, whether now owned or hereafter acquired, in and to all Securities and the property described therein, to the assignee thereon or therein. Seller hereby agrees to fully cooperate with the assignee in the assignment of the Secured Debt. Seller, assignee and Buyer agree that the assignee shall assume and be subject to all covenants and agreements contained herein. Seller warrants that the assignment herein is valid and free of all liens, claims and encumbrances of every kind including without limitation any rights or claims of Buyer. Seller hereby represented and is based upon the representations contained in the agreement between Seller and Buyer, that Buyer has the power and authority to enter into this Agreement, that Buyer is not prohibited by any statute, regulation or order of any governmental agency or body from entering into this Agreement and that Buyer is not in violation of any agreement, contract, indenture or other instrument to which Buyer is a party or by which Buyer is bound. Seller hereby represents that Buyer has not received any information or documents from Seller or Buyer in connection herewith which are incomplete or inaccurate in any material respect. Seller hereby represents that all information and documents furnished in connection herewith have been true and correct in all material respects and that there has been no change in the financial condition of Seller since the furnishing hereof which has not been reported to Buyer in writing. Seller hereby represents that it has not received any information or documents from Seller or Buyer in connection herewith which are incomplete or inaccurate in any material respect. Seller hereby represents that it has not received any information or documents from Seller or Buyer in connection herewith which are incomplete or inaccurate in any material respect. Seller hereby represents that it has not received any information or documents from Seller or Buyer in connection herewith which are incomplete or inaccurate in any material respect.
IN WITNESS WHEREOF, Seller has executed this Assignment as of the date first above written.
[Initial] INDIVIDUAL SIGNATURE
INITIALS
GUARANTY. Seller guarantees the payment and performance of the Contract.
INITIALS
WITHOUT RECOERC oder RECOERC: Seller guarantees payment and performance of the Contract.
INITIALS
FULL RECOERC: Seller guarantees payment of all monies due on the contract as and when such payments become due. Seller waives any extension of time made by Buyer.
PURSUANT TO THE UNIFORM COMMERCIAL CODE ("UCC"), BUYER SHALL NOT BE ALLOWED TO SET OFF ANY AMOUNT OWED BUYSR IN ANY WAY AGAINST ANY LIABILITY OR OBLIGATION OF BUYER TO SELLER-SECURED PARTY. BUYER SHALL NOT BE ALLOWED TO SET OFF ANY AMOUNT OWED BUYSR IN ANY WAY AGAINST ANY LIABILITY OR OBLIGATION OF BUYER TO SELLER-SECURED PARTY. BUYER SHALL NOT BE ALLOWED TO SET OFF ANY AMOUNT OWED BUYSR IN ANY WAY AGAINST ANY LIABILITY OR OBLIGATION OF BUYER TO SELLER-SECURED PARTY. BUYER SHALL NOT BE ALLOWED TO SET OFF ANY AMOUNT OWED BUYSR IN ANY WAY AGAINST ANY LIABILITY OR OBLIGATION OF BUYER TO SELLER-SECURED PARTY.
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 HERERUND.
ADDENDUM TO RETAIL INSTALLMENT SALE CONTRACT
(All Forms Addendum for Tinker Federal Credit Union)
This Addendum to Retail Installment Sale Contract (and Security Agreement), ("Addendum") modifies the Retail Installment Sale Contract (and Security Agreement), as the form contracts may be updated or revised from time to time, (the "Contract") entered into by and between the identified and undersigned buyer(s), (hereinafter "Buyer," "you" or "your") and the identified and undersigned seller (or the secured party), (hereinafter "Seller," "we," "us" or "our"). The "Creditor" is Tinker Federal Credit Union. This Addendum is applicable to all Contract forms and is binding upon the Buyer, Seller, and Creditor.
Military Lending Act Disclosure
Federal law provides important protections to full-time active duty service members of the U.S. armed forces ("Armed Forces") and their family members or dependents relating to extensions of consumer credit. In general, the cost of consumer credit to an active member of the Armed Forces and his or her dependent may not exceed a military annual percentage rate ("MAPR") of thirty-six percent (36%). This rate cap 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). Some exclusions may apply and this disclosure applies in addition to all other disclosures in the Contract and this Addendum.
Upon your acceptance of this offer, we will determine your covered borrower status under the Military Lending Act (10 U.S.C. § 987) ("MLA"). If you are identified as a covered borrower under the MLA at the time of acceptance, the MLA protections will apply to your loan. If you are not identified as a covered borrower under the MLA at the time of acceptance of this offer, even though you may become a covered borrower under the MLA at any time during the term of this loan, the protections will not apply. The MLA applies only to identified and eligible active Armed Forces personnel (and their family members or dependents, as eligible) at the time of the loan application. Covered borrowers are entitled to certain rights and limitations, including the right to not have to submit to binding arbitration in the event of a dispute with the Contract. Once your loan has been established, you may call us at (405) 319-7200 or toll free at 844-756-3767 to obtain more specific information about your loan payment obligation or calculation.
If you have any questions regarding the MLA, please call Tinker Federal Credit Union ("TFCU") at (405) 319-7200 or toll free at 844-756-3767 and press 1 to speak to a TFCU Member Service Representative.
Buyer and Seller acknowledge and agree that this Addendum is incorporated into and made a part of the Contract.
The parties agree that the Contract is amended as follows:
1. Under the applicable provisions section entitled "Other Important Agreements," "Additional Terms of the Sales Agreement," "Additional Provisions," or any other words in which additional terms and conditions of the Contract follow, the following is inserted as part of the additional terms and conditions at the end of the respective sections:
How we will apply payments: For clarity, any payments received from you for your obligation to repay your loan debt under the terms of the Contract will be received, processed, and applied first to any late fees or charges due and owed (if applicable), then to accrued interest, and then to the principal loan balance. If you do not pay the full amount due, then a late fee may be assessed (in accordance with the terms of the Contract). If the payment remitted is not sufficient to cover the full monthly payment due, your due date will not advance until the difference is paid and your loan will be considered past due. The Creditor may, at their discretion, elect to advance the due date if your loan is past due for a minimal amount. Late fees are collected from your regular monthly payment amount and may extend the maturity date of your loan repayment obligation. It is encouraged that you pay your full regular loan payment amount within the time required; failure to make a full loan payment in a timely manner may result in late fees being assessed to your loan amount. To avoid a loan maturity date extension, you need to pay the full loan amount due monthly, including any late fee amounts that may be due with your payment. Any amounts received in excess of the amount due will
be applied to the loan principal to reduce your principal amount.
Security Interest: You agree to join with us in executing one or more financing statements, as may be required or requested, from time to time, in order to perfect, or continue perfection of, the security interest you granted under this Contract. A carbon, photographic, or other reproductions of this Contract or of any financing statement shall be sufficient to serve as a financing statement. You will not permit (i) any liens, security interests, or other encumbrances, except for our security interest, to attach to the vehicle; (ii) will not permit the vehicle to be levied on, garnished, or attached under any legal process; or (iii) permit any other thing to be done or attachment be made upon the vehicle that may impair the value of the vehicle or the security interest granted by the Contract. The security interest shall have first priority and secures all future advances by us to you, all other liabilities to us (primary, secondary, direct or indirect, absolute or contingent, sole, joint, or several) due or to become due or which may be hereafter contracted by or acquired of you. Any persons having, taking, or receiving an ownership interest in the vehicle shall be subject to our security interest and such persons shall not have any rights to transfer or assign any interest in the vehicle without being bound by the terms of the Contract and this Addendum.
Insurance you must have on the vehicle: The required deductible on the vehicle insurance you are required to obtain and maintain under the terms of the Contract shall not exceed one thousand dollars ($1,000.00).
Affixing to Real or Personal Property Prohibited. You will not allow or permit the vehicle to become an accession or affixed to other personal property or to become attached or affixed to real property without first obtaining our prior written consent. Our consent may be conditional on any requirements, (including but not limited to, the subrogation of other interest owners in and to such other personal or real property to our rights and interest), which requirements we deem to be for protection of our security interest; and it is understood and agreed that such consent will not be deemed to be effective until such conditions and requirements have been fulfilled. We reserve the right to deny consent for any reason.
Events of Default. In addition to the other provisions, defaults, and remedies outlined in the Contract, you will be considered in default under this Contract on the happening of any one or more of the following events or conditions: (a) any payment required under this Contract or under any other note or obligation of your to us is not made when due or in accordance with terms of the applicable Contract; (b) the making of any levy against or seizure, garnishment or attachment of the vehicle, the consensual encumbrance thereof by you, or the sale, lease or other disposition of the vehicle by you without our prior written consent; (c) loss, theft, substantial damage or destruction of the vehicle; (d) any time we in our sole discretion believe the prospect of payment or performance of any liability, covenant, warranty or obligation secured hereby is impaired; and/or (e) your death, incapacitation, insolvency, the appointment of a receiver over any part of your property or of any part of the vehicle, an assignment for the benefit of creditors, or the commencement of any proceedings under any bankruptcy or insolvency law by or against you or any guarantor or surety for you. Any unauthorized transfer or assignment of title to the vehicle shall be considered an event of default, at which time when may declare the full amount of the loan due and owing in accordance with our rights under applicable laws, rules, and statutes.
Miscellaneous. No act, delay or omission, including our waiver of a remedy because of any default or any other provision of the Contract, will constitute a waiver (or continuing waiver for any future event!), of any of our rights and remedies under this Contract or any other agreement between the parties or available at law or in equity. The Contract will inure to the benefit of our successors and assigns and will be binding on your heirs, executors, administrators, successors, transferees, and assigns. We at any time may pledge, transfer or assign our rights under the Contract in whole or in part, and any transferee or assignee will have all the rights as to the rights or parts thereof so pledged, transferred, or assigned. Your rights under the Contract may not be assigned or transferred for any reason. If more than one Buyer executes the Contract, their responsibility will be joint and several and the reference to Buyer in the Contract will be deemed to refer to each and every Buyer. If any provisions of the Contract is for any reason held to be invalid, non-binding, or unenforceable, for any reason, such invalidity or unenforceability will not affect any other provisions of the Contract, as amended, and the Contract will be construed as if such invalid or unenforceable provisions had never been contained in the Contract.
Arbitration. In the event the Contract contains an arbitration or dispute resolution provision, then such provision shall not be applicable to Tinker Federal Credit Union (as Creditor), with respect to any collection actions or efforts against the Buyer(s) and further such arbitration provision shall not be enforceable against any active full-time member of the Armed Forces, (who is determined to be a covered borrower under the Military Lending Act). Except as provided in the foregoing sentence and under applicable laws, rules, statutes, and regulations, any and all claims made by any Buyer(s)
shall be submitted to and subject to binding arbitration in accordance with the terms of the Contract, regardless of how and when any such claim was made.
Gap Protection. You understand that the purchase of the Gap Protection is voluntary and is not required by Creditor to obtain credit. You further understand that this Addendum is not an offer of insurance coverage and does not waive your obligation to secure and maintain insurance. You acknowledge and understand that, if an insurance related Gap Protection Policy ("Policy") is purchased by you with the Seller or through the Creditor, the Policy may contain certain stipulations, limitations, and/or restrictions, including an offer to skip a payment throughout the term of the Contract and loan payment cycle, that may nullify, reduce coverage, or make void the Gap Protection Policy. You agree that the Creditor assumes no liability or has any responsibility to notify you of such stipulations, limitations, or restrictions. You acknowledge and understand that it is your sole responsibility to read, understand, and be aware of the provisions of such Policy and any such clause or condition in the Policy, which may nullify or make void the Gap Protection Policy. You understand and agree that by purchasing a Gap Protection Policy, the Creditor retains its contractual rights and nothing in the Policy diminishes Creditor's secured rights, in the event of a total loss, to hold you liable for any and all remaining unpaid deficiency amounts. In the event of a total loss, it is your obligation to pursue a claim on your Policy. You further understand and agree that a Gap Protection Policy does not change your obligation to keep your payments timely paid and current with Creditor. If your Policy fails to pay any or all amounts owed by you to the Creditor, then Creditor retains its contractual rights to hold you liable for the remaining unpaid balance. You understand and agree that a Gap Protection Policy is not a substitute for any personal liability, collision damage, property damage, or other insurance policy coverage you are required to maintain. You understand and agree that the Creditor may retain, without liability to you, all of or any of the one-time fee(s), or Creditor may pay any portion of coverage to a third party as a service fee, or for indemnification purposes or requirements, without any liability to you. Except to the extent limited by applicable laws, rules, regulations, or statutes, you are and remain responsible for all insurance coverage (including Gap Protection Policy coverage), payments (including fees, charges, and expenses in administering the loan by Creditor), and any other fees, damages, penalties, taxes, or assessments incurred by Creditor or assessed to you in accordance with the Contract and your loan with Creditor.
2. Except as set forth in this Addendum, all other terms and provisions of the applicable Contract remains in full force and effect. If there is conflict between any of the terms of this Addendum and the Contract or any earlier amendment, the terms of this Addendum shall govern and prevail over any prior or conflicting terms or conditions.
TINKER FEDERAL CREDIT UNION
ACKNOWLEDGMENT AND INSTRUCTIONS OF THE CONSUMER FOR THE USE OF CONSUMER CREDIT REPORTS
Tinker Federal Credit Union ("TFCU" or "Creditor") offers many financial products and services to its members. Some of those products and services are dependent upon a member's creditworthiness, which is determined in part by reviewing a consumer report. The consumer report(s) obtained (or which will be obtained, as authorized by you under the Contract) by TFCU, for the purpose of the transaction or service initiated by you contains information on trade lines you may have with other lenders. If you instruct us and consent to allow use to use the consumer report(s) obtained (or are obtaining) to determine your eligibility for TFCU financial products and services, you can do so by checking the first box shown below and we will determine your eligibility for other TFCU products and services and communicate such to you in the method you indicate. Please be aware that instructing us to use your consumer report(s) for these purposes does not guarantee an offer of or extension of any credit.
We have obtained (or will be obtaining) a consumer credit report(s) from one or more consumer reporting agencies ("consumer report") for the purpose of verifying information in connection with opening an account in your name and/or considering an application for a loan and/or other products or services offered by TFCU. You understand that you must be or become a member of TFCU before any extension of credit may be granted. By signing this Addendum and acknowledging the information and instructions you are authorizing and consenting to how TFCU may use the consumer report(s), the terms herein, and consenting to the communication methods selected.
Buyer
☐ I, the undersigned, instruct, and authorize TFCU to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services and for the purpose of determining whether to offer me other TFCU financial products and services.
☑ I, the undersigned, instruct TFCU NOT to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services.
☐ I, the undersigned buyer hereby authorize and consent to Tinker Federal Credit Union contacting me for purposes of providing financing information and information on other products and services at the contact below, which may include phone calls, SMS text messages, mail, alerts, or emails.
Name: ________________________________
Mobile Phone #: _______________________
Email Address: _______________________
IN WITNESS WHEREOF, this Addendum has been duly executed by each party as of the date(s) indicated below.
Buyer(s):
[Signature]
Lanora Cain
Print Name
2-16-21
Date of Contract
Seller:
[Signature]
Robert
Print Name and Title
2-16-21
Date of Contract
Co Buyer
☐ I, the undersigned, instruct, and authorize TFCU to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services and for the purpose of determining whether to offer me other TFCU financial products and services.
☑ I, the undersigned, instruct TFCU NOT to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services.
☐ I, the undersigned buyer hereby authorize and consent to Tinker Federal Credit Union contacting me for purposes of providing financing information and information on other products and services at the contact below, which may include phone calls, SMS text messages, mail, alerts, or emails.
Name: ________________________________
Mobile Phone #: _______________________
Email Address: _______________________
IN WITNESS WHEREOF, this Addendum has been duly executed by each party as of the date(s) indicated below.
Co-Buyer Signature:
Harry Cain
Print Name
2-16-21
Date of Contract:
OKLAHOMA TAX COMMISSION
LIEN HOLDERS RELEASE FORMS
VIN: 5YFBURHE7EP123048 VEHyr: 2014 MAKE: TOYT LIEN DATE: 02/16/2021 MODEL: COROLLA BODY: SD
AGNT #: M1013
LIEN DEBTOR: LANORA CAIN HARRY E CAIN
LANORA CAIN HARRY E CAIN
419 COTTONWOOD ST
ARDMORE OK 73401-1732
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#: L0547584752
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