True Sky Federal Credit Union v. NICHOLAS COLE POTTS

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA TRUE SKY FEDERAL CREDIT UNION Plaintiff, vs. NICHOLAS COLE POTTS, Defendant. PETITION Plaintiff, True Sky Federal Credit Union ("Plaintiff"), for its cause of action against the Defendant, Nicholas Cole Potts ("Defendant"), alleges and states as follows: 1. On or about March 27, 2023, Defendant executed a Promissory Note (hereinafter referred to as the "Contract") and became obligated to pay Plaintiff the principal amount of $58,196.34, plus interest at 13.3900% per annum, according to the terms of the Contract. A copy of the Contract is attached hereto as Exhibit "A". 2. As part of the Contract and to secure the performance of Defendant, Defendant executed a Security Agreement and granted Plaintiff a security interest in a 2021 Chevy Silverado VIN: 1GC1YNEY9MF309123 (hereinafter referred as the "Collateral"). Plaintiff properly perfected its security interest in accordance with Oklahoma law. A copy of the Lien Entry is attached hereto as Exhibit "B". 3. Defendant failed to pay pursuant to the terms of the Contract, despite demand by Plaintiff, and are therefore in default under the Contract and Security Agreement. 4. As of January 14, 2026, the balance due on the Contract was $53,549.67. 5. Plaintiff is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and Security Agreement and under 12 O.S. §936. 6. Because of Defendant’s default under the Contract and Security Agreement, Plaintiff has a special ownership or interest in the Collateral and is entitled to immediate possession of the Collateral. 7. The actual value of the Collateral is estimated at $26,000.00. 8. The Collateral has not been taken in execution on any order or judgment against Plaintiff, or for the payment of any tax, fine or amercement assessed against Plaintiff, or by virtue of an order of delivery issued under Chapter 31 of Title 12 of the Oklahoma Statutes, or for any other mesne or final process issued against Plaintiff. 9. Plaintiff believes that Defendant is in actual or constructive possession of the Collateral, and that Defendant’s possession is subject to the rights of Plaintiff. Although Plaintiff has demanded possession of the Collateral, Defendant failed to deliver or relinquish possession of the Collateral to Plaintiff. Defendant is, therefore, wrongfully detaining the Collateral. 10. Plaintiff believes that Defendant may attempt to conceal, damage or destroy the Collateral or a part thereof, or to remove the Collateral for the State or County, and Plaintiff will thereby suffer irreparable harm. Plaintiff is without adequate remedy at law to prevent such harm and injury. As such, Plaintiff respectfully requests this Court to enter an Order requiring Defendant to appear and disclose the location of the Collateral. 11. Pursuant to the Servicemember’s Civil Relief Act of 2003, Plaintiff has reviewed the Department of Defense website and determined Defendant is not in the military. See the Affidavit attached hereto as Exhibit “C”. 12. Plaintiff requests an Order authorizing it to issue subpoenas immediately pursuant to 12 O.S. §2004.1 related to the location of the Collateral and Defendant’s cell phone records and data. 13. Pursuant to 40 O.S. §4-508(D), Plaintiff requests an Order that at any time or times subsequent to the filing of this order, the Oklahoma Employment Security Commission shall produce, within thirty (30) days of receipt of this order, employment information of the Defendant. WHEREFORE, True Sky Federal Credit Union prays: (a) that the clerk of this Court issue the above-described notice to Defendant, and further that the notice inform Defendant, that pursuant to 12 O.S. §1571.1, any person who willfully or knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which such order shall be sought under the provisions of 12 O.S. §1571, or who conceals it, with intent to interfere with the enforcement of the order, or who removes it from the jurisdiction of this Court with the intention of defeating the enforcement of an order of delivery, or who willfully refuses to disclose its location to an officer charged with execution an order for its delivery, or who, when in possession of such property, willfully interferes with the officers charged with execution such writ, shall be guilty of a misdemeanor, and in addition to such criminal penalties as are provided by law, shall be liable to Plaintiff for double the amount of damages done to the property, together with a reasonable attorney's fees to be fixed by the Court; (b) that this Court enter money judgment for Plaintiff and against Defendant, in the amount of $53,549.67, plus interest since January 14, 2026, at a rate of 13.3900% until paid, plus Plaintiff's court costs and a reasonable attorney's fee; (c) that this Court issue an order for immediate delivery of the Collateral to Plaintiff; (d) that this Court issue an Order requiring Defendant to appear and disclose the location of the Collateral; (e) Plaintiff requests an Order authorizing it to issue subpoenas immediately pursuant to 12 O.S. §2004.1 to nonparties for the production of documentary evidence related to the location of the Collateral and Defendant’s cell phone records and data, (f) that this Court render judgment in favor of Plaintiff and against the Defendant for possession of the Collateral, decreeing that Plaintiff's interest in the Collateral is senior and prior to the interest of Defendant in the Collateral, and authorizing the foreclosure of Plaintiff's security interest in the Collateral, and (g) award all contractual charges as set forth in the Contract and all other relief this Court deems just. Respectfully submitted, Jeffery S. Ludlam, OBA #17822 HALL & LUBBLAM, PLLC 210 Park Ave, Suite 3001 Oklahoma City, OK 73102 (405) 600-9500 Telephone (405) 871-5403 Facsimile [email protected] VERIFICATION STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) I, Jane Bishop, of lawful age, being first duly sworn upon oath, state: That I am an agent for the plaintiff, True Sky Federal Credit Union, the above-named; that I have read the above and foregoing Petition; that the matters, facts and things therein stated are true and correct to the best of my belief and knowledge. ____________________________________________________________________ [Signature] Subscribed and sworn to before me this 14 day of Jan., 2026. [Signature] Notary Public My Commission Expires: 5/2/27 True Sky Credit Union 10201 S. Western Ave. Oklahoma City, OK 73139 405-682-1990 FAX: 405-703-2464 www.trueskycu.org CLOSED-END NOTE, DISCLOSURE, LOAN AND SECURITY AGREEMENT BORROWER'S NAME AND ADDRESS NICHOLAS COLE POTTS 9400 S INDIAN MERIDIAN CHOCTAW, OK 73020 DATE OF LOAN 03/27/2023 LOAN MATURITY DATE 04/11/2030 LOAN OFFICER CO-BORROWER'S NAME AND ADDRESS BORROWER'S DATE OF BIRTH 03/08/1984 CO-BORROWER'S DATE OF BIRTH ANNUAL PERCENTAGE RATE: The cost of your credit as a yearly rate. 13.390 % FINANCE CHARGE: The dollar amount the credit will cost you. $ 32,901.71 Amount Financed: The amount of credit provided to you or on your behalf. $ 58,196.34 Total of Payments: The amount you will have paid after you have made all payments as scheduled. $ 95,650.68 Total Sale Price: Total cost of your purchase on credit, including your down payment of $ 0.00 $ 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>83</td> <td>$ 1138.70</td> <td>05/11/2023</td> </tr> <tr> <td>1</td> <td>$ 1138.58</td> <td>04/11/2030</td> </tr> </table> Security: You are giving a security interest in your shares and deposits in the credit union, as well as the collateral described below. Collateral for other loans with us will also secure this loan, except for your home and household goods. Late Charges: 5% of the payment amount or $29.00, whichever is greater, if payment is not made in full within ten days after due date. Required Deposit Balance: The Annual Percentage Rate does not take into account your required deposit balance. Property Insurance: You may obtain property insurance from anyone you want that is acceptable to the credit union. If you do not obtain property insurance we will obtain it at your cost. Filing Fees: $ 20.00 Prepayment: If you pay off early, you will not have to pay a penalty. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. "e" means estimate. ITEMIZATION OF AMOUNT FINANCED <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>$ 58,196.34</td> <td>$ 0.00</td> <td>$ 0.00</td> <td>$ 0.00</td> </tr> </table> Amount Paid to Others on Your Behalf (Describe) <table> <tr> <th></th> <th></th> <th></th> <th></th> </tr> <tr> <td>$</td> <td>To GAP To: 8,800.29 (a portion will be retained by us)</td> <td>$ 20.00</td> <td>To LIEN FEE</td> </tr> <tr> <td>$</td> <td>To MBP To: 8,800.28 (a portion will be retained by us)</td> <td>$ 1074.00</td> <td>To DPW</td> </tr> <tr> <td>$ 57102.34</td> <td>To DISPENSE</td> <td>$</td> <td>To</td> </tr> <tr> <td>$</td> <td>To</td> <td>$</td> <td>To</td> </tr> <tr> <td>$</td> <td>To</td> <td>$</td> <td>To</td> </tr> <tr> <td>$</td> <td>To</td> <td>$</td> <td>To</td> </tr> </table> SECURITY INFORMATION SHARES PLEDGED: ACCOUNT NUMBER AMOUNT $ MOTOR VEHICLE: YEAR 2021 MAKE CHEVROLET MODEL SILVERADO 2500 HD BODY TYPE AUTO SERIAL NUMBER or VIN 1GC1YNEY9MF309123 OTHER COLLATERAL: N/A True Sky Credit Union 10201 S. Western Ave. Oklahoma City, OK 73139 405-682-1980 FAX: 405-703-2464 www.trueskycu.org CLOSED-END NOTE, DISCLOSURE, LOAN AND SECURITY AGREEMENT BORROWER'S NAME AND ADDRESS NICHOLAS COLE POTTS 9400 S INDIAN MERIDIAN CHOCTAW, OK 73020 DATE OF LOAN 03/27/2023 LOAN MATURITY DATE 04/11/2030 LOAN OFFICER LOAN NUMBER BORROWER'S ACCOUNT NUMBER CO-BORROWER'S NAME AND ADDRESS Borrower's Date of Birth 03/08/1964 CO-BORROWER'S DATE OF BIRTH ANNUAL PERCENTAGE RATE: The cost of your credit as a yearly rate. 13.390 % FINANCE CHARGE: The dollar amount the credit will cost you. $ 32,901.71 Amount Financed: The amount of credit provided to you or on your behalf. $ 58,196.34 Total of Payments: The amount you will have paid after you have made all payments as scheduled. $ 95,650.68 Total Sale Price: Total cost of your purchase on credit, including your down payment of $ 0.00 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>83</td> <td>$ 1138.70</td> <td>05/11/2023</td> </tr> <tr> <td>1</td> <td>$ 1138.58</td> <td>04/11/2030</td> </tr> </table> Security: You are giving a security interest in your shares and deposits in the credit union, as well as the collateral described below. Collateral for other loans with us will also secure this loan, except for your home and household goods. Late Charges: 5% of the payment amount or $29.00, whichever is greater, if payment is not made in full within ten days after due date. Required Deposit Balance: The Annual Percentage Rate does not take into account your required deposit balance. Property Insurance: You may obtain property insurance from anyone you want that is acceptable to the credit union. If you do not obtain property insurance we will obtain it at your cost. Prepayment: If you pay off early, you will not have to pay a penalty. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. "Filing Fees: $ 20.00" "e" means estimate. ITEMIZATION OF AMOUNT FINANCED <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>$ 58,196.34</td> <td>$ 0.00</td> <td>$ 0.00</td> <td>$ 0.00</td> </tr> </table> Amount Paid to Others on Your Behalf (Describe) <table> <tr> <td>$ To GAP To: 8.800.29 (a portion will be retained by us)</td> <td>$ 20.00</td> <td>To LIEN FEE</td> </tr> <tr> <td>$ To MBP To: 8.800.28 (a portion will be retained by us)</td> <td>$ 1074.00</td> <td>To DPW</td> </tr> <tr> <td>$ 57102.34 To DISPENSE</td> <td></td> <td>To</td> </tr> <tr> <td>$ To</td> <td></td> <td>To</td> </tr> <tr> <td>$ To</td> <td></td> <td>To</td> </tr> <tr> <td>$ To</td> <td></td> <td>To</td> </tr> </table> SECURITY INFORMATION <table> <tr> <th>SHARES PLEDGED:</th> <th>ACCOUNT NUMBER</th> <th>AMOUNT</th> <th>ACCOUNT NUMBER</th> <th>AMOUNT</th> </tr> </table> MOTOR VEHICLE: YEAR 2021 MAKE CHEVROLET MODEL SILVERADO 2500 HD BODY TYPE AUTO SERIAL NUMBER or VIN 1GC1YNEY9MF309123 OTHER COLLATERAL: N/A LOAN SIGNATURES You agree that the terms and conditions in the disclosure statement and the loan and security agreements attached hereto shall apply to this loan. If there is more than one borrower, you agree that all the conditions of the loan and security agreements governing this loan shall apply to both jointly and severally. You acknowledge that you have received a copy of the loan and security agreements and disclosure statement ("Note"). If you purchase optional loan products in connection with this loan, you understand that a portion of the premium or fee you pay will be retained by the credit union (or paid back to the credit union by the service provider) as compensation for making these services available to you. You also acknowledge receipt of the product application(s), disclosures, and contract(s) regarding the product(s). Suspension of electronic services and access to share or deposit accounts. Subject to applicable law, we may suspend some or all electronic services and access to your checking or other account(s) if you become delinquent on any of your loan or deposit obligations to us or you cause a loss to us. We shall not be liable to you in any regard in connection with such suspension of services. Negative Information Notice: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. NOTICE TO CONSUMER: THIS IS A CONSUMER CREDIT TRANSACTION. (A) DO NOT SIGN ANYTHING BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. (B) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. (C) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT. THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. CAUTION- IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. Borrower's Signature DATE 3/27/2023 *OTHER OWNER: Any person who has a property interest (other than as a renter or lessor) in the above described collateral signs here. The other owner, unless also a co-borrower, is not obligated to pay the debt, but understands that the credit union has a security interest in the collateral as explained in the Security Agreement. **GUARANTOR: Upon default, the credit union may seek immediate payment from the guarantor of any and all sums due on the loan, including all reasonable costs and fees provided under the loan and security agreements, as permitted by law. The guarantor waives all notice to which he or she would otherwise be entitled by law. CONSUMER'S CLAIMS AND DEFENSES NOTICE - IF CHECKED, SEE NOTICE BELOW 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. IMPORTANT DISCLOSURES FOR ACTIVE MEMBERS OF THE MILITARY AND THEIR DEPENDENTS: The following applies if at the time this loan is made you are an active member of the military or a dependent (as those terms are defined in the Military Lending Act (MLA), 10 U.S.C. 987 and its implementing regulations ("MLA")), and (a) your loan is unsecured or secured by personal property or a vehicle that you did not purchase with the proceeds of the loan; or (b) it is otherwise determined by law that the MLA applies to your loan. If this loan is a revolving line of credit or credit card, the MLA ceases to apply at any time during which you are not a member of the military or a dependent (as defined in the MLA). 1. NOTICE: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums or debt protection fees; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). To receive this notice verbally, please call 1-800-448-1990 during our normal business hours: Monday - Friday 8:30 - 5:00 and Saturday 9:00 - 12:00. 2. This loan will not be secured by a consensual lien on shares or deposits in any of your accounts unless you agree to establish an account in connection with this loan ("Secured Account"). Only funds deposited into the Secured Account after the loan is made will secure this loan. Any cross-collateralization provision contained in your loan or account documents will not apply to the Secured Account or your other share or deposit accounts for any loan subject to the Military Lending Act. However, we reserve our statutory lien rights and rights to set-off or administrative freeze under federal or state law, which gives us the right to apply the sums in the Secured Account or any other account(s) you have with us to satisfy your obligations under this loan. 3. Any reference in this consumer credit contract to the following are hereby inapplicable to your loan: (a) Mandatory arbitration; (b) Any requirement(s) to waive your rights to legal recourse under any applicable state or federal law; (c) Any demands or requirements construed as unreasonable notice from you in order to exercise your legal rights; or (d) Prepayment penalties. 4. Any provisions in your consumer credit contract, loan, security, or account agreements that are determined to be inconsistent with or contradictory to these disclosures or the MLA (as they may be changed or amended from time to time) are inapplicable with regard to this loan. However, all other terms and conditions of the consumer credit contract shall remain in full force and effect. BORROWER'S NAME NICHOLAS COLE POTTS APPLICATION AND DISCLOSURES for TRUE PROTECTION PLAN This Product is Optional. Your purchase of the True Protection Plan ("Plan") is optional. Whether or not you purchase this protection will not affect your application for credit or the terms of any existing credit agreement you have with True Sky Credit Union ("us" or "we"). Termination of the Plan. You have the right to terminate the Plan at any time. If you terminate within 30 days, we will refund any fees paid. We have the right to terminate the Plan by giving you written notice at least 30 days in advance of the termination. See the "Termination of the Plan and Change in Terms" section for other ways the Plan may terminate. Benefits May Be Denied. Even if you are eligible to purchase this Plan, there are eligibility requirements, conditions, and exclusions that could prevent you from receiving cancellations under the Plan. This agreement will provide you with a complete explanation of all eligibility requirements, conditions, and exclusions for the Plan. Example: If you received medical treatment within the 6 months before enrolling, and you become disabled for that condition within the 6 months after enrolling, you will not qualify for Disability cancellations (this is called a "pre-existing condition"). Eligible Loans: closed-end consumer loans; consumer lending plans; consumer lines of credit; credit cards; closed-end home equity loans (i.e., second mortgages); home equity lines of credit; recreational vehicle loans. I ELECT: (Check only one box) <table> <tr> <th rowspan="2">PLATINUM: Plan #712669</th> <th colspan="2">Cost:</th> <th rowspan="2">Closed-End Loans: estimated total fee</th> </tr> <tr> <th>Lines of Credit: monthly cost per $1,000 of outstanding loan balance</th> <th></th> </tr> <tr> <td>Death: Cancels loan or credit card balance up to $100,000<br>Disability: Cancels up to $1,000 per month for up to 18 months<br>Involuntary Unemployment: Cancels up to $1,000 per month for up to 6 months</td> <td>☐ Borrower (single)<br>☐ Co-Borrower (single)<br>☐ Both Borrowers (joint)</td> <td>$4.87</td> <td>$</td> </tr> <tr> <th>GOLD: Plan #712670</th> <th>Borrower (single)<br>Co-Borrower (single)<br>Both Borrowers (joint)</th> <th>$3.34</th> <th>$</th> </tr> <tr> <th>SILVER: Plan #712671</th> <th>☒ Borrower (single)<br>☐ Co-Borrower (single)<br>☐ Both Borrowers (joint)</th> <th>$1.53</th> <th>$</th> </tr> <tr> <th colspan="4">Total Fee for Selected Plan: $ 4552.63</th> </tr> </table> Cancellation Maximums Monthly cancellations listed are per occurrence for each protected borrower. Monthly cancellations for Disability are limited to a maximum of $25,000 over the term of the loan or credit card account, per each protected Borrower. Monthly cancellations for Involuntary Unemployment are limited to a maximum of $15,000 over the term of the loan or credit card account, per each protected Borrower Application Eligibility: Eligible borrowers may apply for coverage any time up to 180 days after the date of (a) your closed-end loan or (b) an advance under a line of credit or (c) an advance under a credit card account. Only one Borrower and one Co-Borrower may apply for the Plan. Co-signers, guarantors, and non-borrower owners of collateral are not eligible to apply. To be eligible to apply, I must meet the following conditions. By signing this Application, I am stating that:: 1. I am under age 70; 2. If applying for Disability or Involuntary Unemployment protection: I am presently working 24 or more hours per week; 3. If applying for Involuntary Unemployment protection: I am not self-employed, and I have not received unemployment benefits within the past 2 years. 90-Day Waiting Period: Involuntary unemployment that occurs within the first 90 days after your Effective Date will not be covered. Borrowers' Signatures If you check 'No' below, you will not have protection. If you check 'Yes' below, you agree to the following: Yes, I want to purchase the Plan. I have received a copy of this Application, Disclosures, and Program Agreement ("agreement"), and agree to follow the terms of this agreement. I authorize the Plan fees to be added to my loan payment each month. This document is a part of my loan or line of credit agreement. If I am purchasing this Plan for a consumer lending plan, my election will cover all advances under the consumer lending plan, unless I instruct otherwise. Each borrower applying for protection must sign (both borrowers must sign if applying for joint protection). You should carefully review all of the terms and conditions of the agreement before signing. BORROWER SIGNATURE DATE [X] Yes [ ] No [signature] 3/27/2023 | 2 PM PDT CO-BORROWER SIGNATURE DATE [ ] Yes [X] No [signature] 3/27/2023 | 2 PM PDT BORROWER'S NAME NICHOLAS COLE POTTS IN THESE AGREEMENTS, THE WORDS "YOU," "YOUR" AND "YOURS" MEAN ALL THOSE NAMED AS BORROWERS. THE WORDS "WE," "US" AND "OUR" MEAN THE CREDIT UNION. LOAN AGREEMENT Payments/Finance Charges: For value received, you promise to pay, at our office, all amounts due. All payments shall be made pursuant to the disclosure statement on page 1 of this document. You understand that the finance charge and total of payments shown on page 1 of this document are based on the assumption that all installment payments will be made on the scheduled due dates. If you fail to pay any installment by the time it is due, you will pay additional interest on the overdue amount and your loan may not be paid in full at the end of the term. In such case, any remaining balance will be due in full immediately. Allocation of Payments and Additional Payments: Payments and credits shall be applied in the following order: any amounts past due; any fees or charges owing, including any fees or premiums for additional products purchased; accrued Interest or finance charges; outstanding principal. Payments made in addition to regularly scheduled payments shall be applied in the same order. Late Charges: If you make a late payment, you agree to pay a late charge if one is disclosed on page 1 of this document. Borrower Responsibility: You promise to notify us of any change in your name, address or employment. You promise not to apply for a loan if you know there is a reasonable probability that you will be unable to repay your obligation according to the terms of the credit extension. You promise to inform us of any new information which relates to your ability to repay your obligation. You promise not to submit false or inaccurate information or willfully conceal information regarding your creditworthiness, credit standing, or credit capacity. Default: The following provision applies to borrowers in Idaho, Kansas, and Maine: You will be in default if (1) you do not make a payment of the required amount when due; or (2) we believe the prospect of payment, performance, or realization on any property given as security is significantly impaired. The following provision applies to borrowers in Wisconsin: You shall be in default under this Agreement if any of the following occur: (a) If an amount exceeding one (1) full payment due under this Agreement is more than ten (10) days late or if the first or last payment due under this Agreement is more than forty (40) days late; OR (b) you breach any term or condition of this Agreement, which breach materially impairs your ability to pay amounts when due or materially impairs the condition, value, or protection of our rights to or in any collateral securing this transaction. The following provision applies to all other borrowers: You shall be considered in default if any of the following occur: (1) If you break any promise made under this Loan Agreement or under the Security Agreement; or (2) if you do not use the money we loaned you for the purpose stated in your application; or (3) If we should, in good faith, believe that prospect of payment, performance or realization of the collateral, if any, is impaired; or (4) If you die; or (5) If you file a petition in bankruptcy, insolvency, or receivership or are put involuntarily into such proceedings; or (6) if the collateral, if any, given as security for this loan is lost, damaged or destroyed, or if it is levied against, attached, garnished, or seized for any reason under any authority; or (7) if you do not pay on time any of your current or future debts to us; or (8) if anyone is in default of any security agreement given in connection with any loan under this Note; or (9) If you make any false or misleading statements in any credit application or update of credit information; or (10) you are in default of any other loan or security agreement you have with the Credit Union; or (11) you use the Note for any illegal purpose or transaction as determined by applicable law. If you default, we may, at our option, declare this loan immediately due and payable, and you must immediately pay to us at that time the total unpaid balance, as well as the Finance Charge to date, any late charges and costs of collection permitted under law, including reasonable attorney's fees. Costs of Collection: You shall pay all costs incurred by us in collecting any amount you owe or in enforcing or protecting our rights. Costs of collection include, but are not limited to, collection agency fees, repossession fees, appraisals, environmental site assessments, and casualty insurance. The following applies to all borrowers except Wisconsin borrowers: Costs of collection also include reasonable attorney's fees for any action taken by an attorney who is not our salaried employee in order to collect this loan or preserve or protect our rights and remedies, including, without limitation, pre-suit demands for payment, pre-suit mediation or settlement negotiations, investigation and assessment of our rights, participation in bankruptcy cases, matters, and proceedings (including, without limitation, filing proofs of claim, pursuing reaffirmation agreements, attending meetings of creditors, and pursuing complaints, motions, and objections that relate in any way to the credit union's collateral or right to payment), collateral disposition, non-bankruptcy suits and/or administrative actions, and appeals. For Alabama borrowers: attorney's fees after default shall not exceed 15% of the unpaid debt, or such higher amount as a court may allow. For Georgia borrowers: attorney's fees shall not exceed 15% of principal and accrued interest, or such higher amount as a court may allow. Action Upon Default: The following provision applies to borrowers in Colorado, District of Columbia, Kansas, Maine, Massachusetts, Missouri, Nebraska, and West Virginia: Once you have defaulted, and after the expiration of any right you may have under applicable state law to cure your default, we can demand immediate payment of the entire unpaid balance of the loan without giving you advance notice. The principal balance in default shall bear interest at the contract rate, or a default rate if one has been disclosed to you, or another rate if required by applicable law. The following provision applies to borrowers in Wisconsin: Right to Cure Default: If you are in default under this Agreement, we must give a notice of default to you pursuant to Wisconsin Statutes sec. 425.104 425.105. You shall have fifteen (15) calendar days from the date the notice is mailed to you to cure the default. In the event of an uncured default, we shall have all the rights and remedies for default provided under the Wisconsin Consumer Act, Uniform Commercial Code, or other applicable law, including, but not limited to, the right to repossess the collateral. We may waive any default without waiving any other subsequent or prior default by you. No Right to Cure: Pursuant to Wis. Stat. Sec. 425.105(3), you shall not have the right to cure a default if the following occur twice during the preceding twelve (12) months: (a) you were in default on the closed-end note; (b) we gave you notice of the right to cure such previous default in accordance with Wis.Stat.Sec. 425.104; and (c) you cured the previous default. Nothing in this Agreement shall be construed to restrict our ability to exercise our rights under the Wisconsin Consumer Act, Uniform Commercial Code, or other applicable law, including, but not limited to, the right to repossess the collateral. The following provision applies to borrowers in all other states: Once you have defaulted, we may, at our option, declare all amounts under the Note immediately due and payable, and you must immediately pay to us at that time the total unpaid balance, as well as the Finance Charge to date, any late charges and costs of collection permitted under law, including reasonable attorney's fees. The principal balance in default shall bear interest at the contract rate. Delay In Enforcement: We may delay enforcing any of our rights under this agreement without losing them. Irregular Payments: We may accept late payments or partial payments, even though marked "payment in full," without losing any of our rights under this agreement. Co-borrowers: If you are signing this agreement as a co-borrower, you agree to be equally responsible with the borrower, but we may sue either or both of you. We do not have to notify you that this agreement has not been paid. We may extend the terms of payment and release any security without notifying or releasing you from responsibility on this agreement. BORROWER'S NAME NICHOLAS COLE POTTS IN THESE AGREEMENTS, THE WORDS "YOU," "YOUR" AND "YOURS" MEAN ALL THOSE NAMED AS BORROWERS. THE WORDS "WE," "US" AND "OUR" MEAN THE CREDIT UNION. Governing Law: These agreements shall be construed and enforced in accordance with the laws of the State in which our headquarters are located. If you have entered into a mandatory arbitration agreement in connection with this loan: if any provisions within this Agreement pertaining to jurisdiction and venue are inconsistent with the arbitration agreement, the arbitration agreement will govern. Change In Terms: The terms of this Closed-end Note, Disclosure, Loan & Security Agreement, Including any fees disclosed, are subject to change without prior notice, subject to applicable law. Contractual Pledge of Shares: You pledge all your shares and deposits in the credit union, including future additions, as security for this loan. In case you default, we may apply these shares and deposits to the payment of all sums due at the time of default, including costs of collection and reasonable attorney's fees. No lien or right to impress a lien on shares and deposits shall apply to any of your shares which may be held in an "Individual Retirement Account" or "Keogh Plan." State Notices: NOTICES TO WISCONSIN BORROWERS: No provision of a marital property agreement, a unilateral agreement under Wis. Stat. Section 766.59, or a court decree under Wis. Stat. 766.70 adversely affects the interest of the Credit Union unless prior to the time the credit is extended, the Credit Union is furnished with a copy of the agreement or statement, or has actual knowledge of the adverse provision when the obligation to the Credit Union is incurred. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, THE BORROWER MAY HAVE TO PAY THE DIFFERENCE. NOTICE TO UTAH BORROWERS: This written agreement is a final expression of the agreement between you and the Credit Union. This written agreement may not be contradicted by evidence of any oral agreement. NOTICE FOR ARIZONA OWNERS OF PROPERTY: It is unlawful for a borrower to fail to return a motor vehicle that is subject to a security interest within thirty days after you have received notice of default. The notice will be mailed to the address you provided on this document unless you have given the Credit Union a new address. It is your responsibility to notify the Credit Union 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. NOTICE TO CALIFORNIA RESIDENTS: By signing this Note, you specifically agree that the Credit Union may access the records of the California Department of Motor Vehicles from time to time to obtain your current mailing address, and by so agreeing, you are specifically waiving your rights under sections 1808.21 and 1808.22 of the California Vehicle Code. NOTICE TO TEXAS BORROWERS - INSURANCE REQUIRED: You are required to: (i) keep the collateral insured against damage in the amount of the loan or another amount if we so specify; (ii) purchase this insurance from an Insurer that is authorized to do business in the state of Texas or an eligible surplus lines insurer; and (iii) name us as the person to be paid under the policy in the event of a loss. You must also provide us a copy of the policy and proof of the payment of premiums if we so request. If you fail to meet any of these requirements, we may obtain collateral protection insurance on your behalf at your expense. For Missouri Residents: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it. For Vermont Residents: NOTICE TO CO-BORROWER: YOUR SIGNATURE ON THIS LOAN MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THE LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. OHIO RESIDENTS ONLY: The Ohio laws against discrimination require all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. WASHINGTON AND OREGON RESIDENTS ONLY: WARNING: UNLESS YOU PROVIDE US WITH EVIDENCE OF THE INSURANCE COVERAGE AS REQUIRED BY OUR LOAN AGREEMENT, WE MAY PURCHASE INSURANCE AT YOUR EXPENSE TO PROTECT OUR INTEREST. THIS INSURANCE MAY, BUT NEED NOT, ALSO PROTECT YOUR INTEREST. IF THE COLLATERAL BECOMES DAMAGED, THE COVERAGE WE PURCHASE MAY NOT PAY ANY CLAIM YOU MAKE OR ANY CLAIM MADE AGAINST YOU. YOU MAY LATER CANCEL THIS COVERAGE BY PROVIDING EVIDENCE THAT YOU HAVE OBTAINED PROPER COVERAGE ELSEWHERE. YOU ARE RESPONSIBLE FOR THE COST OF ANY INSURANCE PURCHASED BY US. THE COST OF THIS INSURANCE MAY BE ADDED TO YOUR LOAN BALANCE. IF THE COST IS ADDED TO THE LOAN BALANCE, THE INTEREST RATE ON THE UNDERLYING LOAN WILL APPLY TO THIS ADDED AMOUNT. THE EFFECTIVE DATE OF COVERAGE MAY BE THE DATE YOUR PRIOR COVERAGE LAPSED OR THE DATE YOU FAILED TO PROVIDE PROOF OF COVERAGE. THE COVERAGE WE PURCHASE MAY BE CONSIDERABLY MORE EXPENSIVE THAN INSURANCE YOU CAN OBTAIN ON YOUR OWN AND MAY NOT SATISFY WASHINGTON'S OR OREGON'S MANDATORY LIABILITY INSURANCE LAWS. IN THESE AGREEMENTS, THE WORDS "YOU," "YOUR" AND "YOURS" MEAN ALL THOSE NAMED AS BORROWERS. THE WORDS "WE," "US" AND "OUR" MEAN THE CREDIT UNION. SECURITY AGREEMENT Security Interest; PLEDGE OF SHARES; Statutory Lien; Set-off; Administrative Freeze: To secure the payment of this loan and all expenditures incurred by the credit union in connection with this loan: (a) You grant the Credit Union a security interest in the property described on Page 1 of this document ("Collateral"). The security interest includes all increases, substitutions and additions to the secured property, proceeds from any insurance on the secured property and all earnings received from the secured property. The security interest also includes all accessionss. 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 or any extensions, renewals or refinancing of the loan. If the value of the property declines, you promise to give us more security if asked to do so. You also agree to abide by the terms of the Security Agreement. (b) YOU GRANT AND PLEDGE TO US A CONSENSUAL LIEN ON ALL SUMS ON DEPOSIT to secure your obligations to the credit union pursuant to applicable state law. "All sums on deposit" and "shares" for purposes of this pledge means all deposits in any share savings, share draft, club, certificate, P.O.D., revocable trust or custodial account(s), whether jointly or individually held, that we have on deposit now or in the future, all of which are deemed "general deposits" for the purpose of this pledge. Your pledge does not include any IRA, Keogh, tax escrow, irrevocable trust or fiduciary account in which you do not have vested ownership interest. (c) You acknowledge and agree to impression of the Credit Union's statutory lien rights under the Federal Credit Union Act and/or applicable state law as of the date of your loan, which gives us the right to apply the sums in your account(s), to satisfy any obligations you owe to the credit union, regardless of contributions at the time of default, and without further notice to you or any owner of the account(s). (d) You acknowledge and agree to our "common law" right to set off under applicable state law which authorizes us to apply the funds in any joint or individual account to any obligations owed to us if you default or fail to pay or satisfy any obligation to us without any legal process, court proceeding or any notice to any owner of the account(s) affected hereunder or otherwise under this Agreement. (e) You specifically agree that we have a right to place an administrative freeze on any of your joint or individual account(s) and that such action shall not violate 11 USC 362 or other applicable law. IF YOU HAVE A CREDIT CARD WITH US, OUR RIGHTS ALSO APPLY TO THAT CREDIT CARD ACCOUNT. Multiple Rights; Cumulative Remedies: You understand and agree that the Credit Union has multiple rights as enumerated above and that the remedies are cumulative. Nothing herein shall limit or restrict the remedies available to us following any event of default under the terms of your loan documents. Cross-collateralization: Property given as security for this loan or for any other loan Borrower has with the credit union will secure all amounts Borrower owes the credit union now and in the future. However, property securing another debt will not secure this loan if such property is Borrower's principal residence (unless the proper rescission notices are given and any other legal requirements are satisfied), or are non-purchase money household goods. IF YOU HAVE A CREDIT CARD WITH US, THIS CROSS-COLLATERALIZATION CLAUSE ALSO APPLIES TO THAT CREDIT CARD. Release of Lien: We will not release any lien on any collateral under this Note if you are delinquent on, or in default on, any other loan you have with us. For example, if you are in default on a line of credit, we will not release our lien on a vehicle loan, even if the vehicle loan is current or paid in full. Transfer of Collateral: You will not change the location of, sell or transfer the collateral unless you have our prior written consent. Good Title: You warrant that you have good title to the collateral, free of all security interests except that given to the credit union and except for any interest of a non-co-maker owner of the collateral who has signed the agreement in the indicated place. Maintenance of Collateral: You will pay all taxes, assessments, and liens against or attached to the property described and further agree to keep the property in good condition, housed in a suitable shelter. You agree to execute financing statements and security agreement amendments at our request and will defend the property against adverse third party claims. Additional Security: Should we feel at any time that the security presented has diminished in value, or for any reason feel that additional security is required, you agree to assign to us within ten (10) days whatever additional security we feel is necessary to protect us against possible loss. Actions Upon Default: If a default as defined in the Loan Agreement should occur, we, or a third party designated by us, have the authority, upon such default, to repossess and sell the collateral in a lawful manner. This includes authority to take possession of any personal property contained in the collateral. In such cases, we or our authorized representatives may, at our option, enter the premises where the collateral is kept and take possession, subject to applicable laws. We have the right to render the property pledged as collateral unusable and may dispose of the collateral on the premises where the collateral is kept. If we decide to sell the collateral at a public sale, private sale or otherwise dispose of the collateral, we will provide reasonable notice if required by law and will otherwise comply with applicable state law. If we sell or otherwise dispose of the collateral we may collect from you reasonable expenses incurred in the retaking, holding and preparing the collateral for and arranging the sale of the collateral. We may also collect reasonable attorney's fees and legal expenses, permitted by applicable law, incurred in connection with disposition of the property. Unless you default, you may keep possession of the property (collateral) described and use it in any lawful manner consistent with this agreement or with the insurance policy on the collateral. You understand that we have certain rights and legal remedies available to us under the Uniform Commercial Code and other applicable laws, and that we may use these rights to enforce payment if you default. In the event of default, you will at our request assemble the property (collateral) and make it available to us at a place of our choosing. If we decide to waive this default, it will not constitute waiver of any other subsequent defaults. Attorney-in-Fact: We are hereby appointed as your Attorney-In-Fact to perform any acts which we feel are necessary to protect the collateral and the security interest which this agreement creates. Joint Borrowers: If there is more than one borrower, your obligations under this agreement are joint and several, each being equally responsible to fulfill the terms of this agreement. Others Bound: This security agreement not only binds you, but your executors, administrators, heirs, and assigns. Further Assurances: You agree to execute any further documents, and to take any further actions, reasonably requested by Credit Union in order to evidence or perfect the security interests granted herein or to effectuate the rights granted to Credit Union. Governing Law: This Security Agreement is being executed and delivered in, and is intended to be performed in, the State in which our headquarters are located and shall be construed and enforced in accordance with the laws of the State in which our headquarters are located, except to the extent that the Uniform Commercial Code provides for the application of the law of another state. Additional Advances: Any additional advances made by us for the payment of taxes or assessments or liens of any kind, or premiums on insurance and the interest owing thereon or any other advance necessary to perfect or protect our security interest shall also be secured by this agreement. Such amounts shall be added to your loan balance and your minimum payment due shall be increased or your loan term extended accordingly. BORROWER'S NAME NICHOLAS COLE POTTS IN THESE AGREEMENTS, THE WORDS "YOU," "YOUR" AND "YOURS" MEAN ALL THOSE NAMED AS BORROWERS. THE WORDS "WE," "US" AND "OUR" MEAN THE CREDIT UNION. Applies to Louisiana residents only: Louisiana law permits repossession of motor vehicles upon default without further notice or judicial process. If the secured collateral is a motor vehicle and you are in default, we may seize and sell the motor vehicle without demand for payment or advance notice to you. Collateral other than motor vehicles may be repossessed without judicial process only as allowed by applicable Louisiana law. For purposes of foreclosure under Louisiana executory process, you hereby confess judgment in our favor for all amounts secured by the Note, including, but not limited to, principal, interest, late charges, costs of collection, costs of preservation of the collateral, reasonable attorney's fees, and all other amounts under the Note. We may appoint a keeper of the property in the event of foreclosure. To the extent allowed under Louisiana law, you hereby waive the following rights and procedures under Louisiana law: (a) all rights and benefit of appraisal; (b) notice of seizure; (c) the 3-day delay afforded under Articles 2331 and 2722; and (d) all other provisions under Articles 2331, 2722 and 2723 and all other Articles not specifically mentioned herein. You further agree that any declaration of fact made by authentic act by a person declaring that such facts are within his or her knowledge shall constitute authentic evidence of facts for the purposes of foreclosure under applicable Louisiana law and for the purposes of LSA-R.S. 9:3504(D)(6) and LSA-R.S. 10:8-508, to the extent applicable. PROPERTY INSURANCE; LENDER-PLACED INSURANCE - PLEASE READ CAREFULLY (a) Your requirement to maintain property insurance. You are required to carry insurance to protect your interest and our interest in the collateral securing this loan. The insurance: • Must protect against any loss by fire or theft, and collision and comprehensive coverage on motor vehicles and other property pledged as security on this Loan. • Must (i) be in an amount and type sufficient to repair the collateral to its existing condition prior to the loss, and/or to replace the collateral with comparable or like property, minus depreciation, if it is damaged or lost; or (ii) be in an amount and type as we might otherwise inform you that we require. • Must have a maximum deductible as set forth by us. • Must be maintained in force for as long as the loan is outstanding. • Must name us as loss payee. We must receive the loss payee endorsement within 30 days of your loan date. These requirements are solely in our discretion and we may change any of these requirements at any time for any reason. The insurance may be obtained by any insurer of your choice that is acceptable to us. (b) Lender-placed property insurance. Please read carefully: • If you fail to maintain insurance satisfying the requirements set forth above, or if you fail to provide us proof of such coverage, we may, but do not have to, obtain insurance to protect our interest (not yours) in the property. • The total cost of lender-placed insurance will be added to the loan balance. The total cost of this insurance includes, but is not limited to, the premium, any administrative costs we incur, any commissions that may be earned, and other reasonable expenses related to your failure to maintain insurance. This cost will be paid by you either on demand, or by increasing your periodic payment, or by extending the loan term. • Whether we obtain insurance, and the amount and types of coverage that we may obtain, is solely in our discretion. We may obtain this insurance from anyone we want, including an affiliate of ours, and such affiliate may earn a commission on the coverage. • The Insurance placed by us is without benefit to you personally, and is primarily for our protection. It may not adequately protect your interest in the collateral or any personal property contained in the collateral, and will not satisfy any mandatory liability or financial responsibility requirements under state law. • Coverage obtained by us may be considerably more expensive than coverage you could obtain on your own and may be different than previous policies you may have had or policies that you may prefer. • Any insurance placed by us will be effective as of the date your policy lapsed or, if you never obtained insurance, the date of the loan. • Nothing in this agreement is intended to confer third-party beneficiary rights or status to you with respect to any agreements between us and our insurer or its agent. (c) How to remove lender-placed property insurance. You may have the lender-placed coverage cancelled at any time by providing evidence to us that you have purchased insurance coverage satisfying the requirements set forth above. If you do so, you will receive a refund of any unearned premiums and finance charges on the lender-placed coverages and your loan balance will be adjusted accordingly. (d) Other. You assign us the right to receive and endorse any insurance proceeds check, to apply those proceeds to the sums you owe, and you direct any insurer to pay those proceeds directly to us. You further authorize us or our representative to obtain the necessary information for verification of adequate coverage. We, or our affiliates, may receive compensation or reimbursement of expenses related to any insurance premiums added by us. (e) Default. If you fail to maintain insurance as set forth above, you will be in default of your loan. We may either place our own insurance on the collateral as explained above, or we can declare you in default and take all remedies set forth in your loan or security agreement or available to us under applicable law, including calling the loan immediately due. PROGRAM AGREEMENT for TRUE PROTECTION PLAN BENEFIT CHART REQUIREMENTS CONDITIONS AND EXCLUSIONS The following describes the types of Protected Events, the amounts cancelled, and the exclusions and conditions that apply: <table> <tr> <th>Protected Event</th> <th>To qualify for cancellation:</th> <th>Number of cancellations and amount:</th> <th>You will not receive cancellations if:</th> </tr> <tr> <td>Death</td> <td>If you die during the term of this agreement, you will be eligible for cancellation.</td> <td>We will cancel the outstanding balance, up to $100,000. Only one cancellation will be made, even if you have joint protection. If you have joint protection and both borrowers die at the same time, no more than $100,000 will be cancelled.</td> <td>1. Your death is due to: <ul> <li>a. suicide committed within the first 2 years of protection;</li> <li>b. an Intentionally self-inflicted injury;</li> <li>c. a Pre-existing Condition (see Definition section);</li> <li>d. war or any act of war, whether declared or undeclared; or</li> </ul> 2. Your death occurs on or after your 70th birthday; or 3. Within the first 2 years after you apply, we find you were not eligible when you applied. </td> </tr> <tr> <td>Disability</td> <td>During the term of this Agreement, you must: <ol> <li>Be continuously unable, due to sickness or injury, to perform the substantial and material duties of your regular occupation; and</li> <li>Be under the regular care and treatment of a licensed physician or licensed health care provider; and</li> <li>Be disabled for at least 30 consecutive days.</li> </ol> </td> <td>1. Once you are disabled for 30 days, we will cancel one payment as of your Monthly Anniversary Date. Thereafter, we will cancel your monthly payment(s) for each month that you remain disabled on your Monthly Anniversary Date for up to 18 total months of payment cancellations. <br>Your Monthly Anniversary Date is the numerical date of the month on which you become disabled. <br><b>Example:</b> Suppose you become disabled on April 4. If you are still disabled on the Monthly Anniversary Date of May 4, we will cancel one monthly payment, and each additional payment thereafter for each month you remain disabled on your Monthly Anniversary Date. <br>2. Cancellations will immediately stop if: <ul> <li>a. you recover or return to work; or</li> <li>b. the loan or credit card account is paid off, refinanced with a different lender, or discharged.</li> </ul> 3. Maximum monthly cancellation: $1,000. 4. Maximum cancellation over the term of the loan or credit card account: $25,000 per borrower regardless of the number of occurrences. </td> <td>1. Your disability is due to: <ul> <li>a. an Intentionally self-inflicted injury;</li> <li>b. a normal pregnancy, normal childbirth, or elective abortions. Complications due to pregnancy or childbirth will only be protected if the complications themselves are the cause of the disability;</li> <li>c. a Pre-existing Condition (see Definition section);</li> <li>d. war or any act of war, whether declared or undeclared; or</li> </ul> 2. Your disability occurs on or after your 70th birthday; or 3. Within the first 2 years after you apply, we find you were not eligible when you applied. </td> </tr> <tr> <td>Involuntary Unemployment</td> <td>During the term of this agreement, you must: <ol> <li>Involuntarily lose your employment in which you were actively working for income for 24 hours or more per week; and</li> <li>Be involuntarily unemployed for 30 consecutive days; and</li> <li>Be receiving state or railroad unemployment benefits.* <br>*If you are still unemployed after reaching your maximum state or railroad benefits, you must be registered with a state employment office or otherwise recognized employment agency to continue having payments cancelled. <br>*If you reside in a state or territory without unemployment benefits, you must be registered with a recognized employment agency in order to continue having payments cancelled. </li> </ol> </td> <td>1. Once you are involuntarily unemployed for 30 days, we will cancel one payment as of your Monthly Anniversary Date. Thereafter, we will cancel your monthly payment(s) for each month that you remain unemployed on your Monthly Anniversary Date for up to 6 total months of payment cancellations. <br>Your Monthly Anniversary Date is the numerical date of the month on which you become unemployed. <br><b>Example:</b> Suppose you become involuntarily unemployed on April 4. If you are still unemployed on the Monthly Anniversary Date of May 4, we will cancel one monthly payment, and each additional payment thereafter for each month you remain unemployed on your Monthly Anniversary Date. <br>2. Cancellations will immediately stop if: <ul> <li>a. your unemployment benefits are discontinued for any reason other than reaching the maximum benefit allowed;</li> <li>b. you regain employment; or</li> <li>c. the loan or credit card is paid off, refinanced with a different lender, or discharged.</li> </ul> 3. Maximum monthly cancellation: $1,000. 4. Maximum Cancellation over the term of the loan or credit card account: $15,000 per borrower regardless of the number of occurrences. </td> <td>1. You are unemployed due to a normal, routine or seasonal shut-down; 2. Your unemployment occurs on or after your 70th birthday; 3. Your unemployment occurs within the first 90 days after the Effective Date. 4. Your unemployment was voluntary (e.g., you retired, quit, or resigned); or 5. Within the first 2 years after you apply, we find you were not eligible when you applied. </td> </tr> </table> *BORROWER'S NAME NICHOLAS COLE POTTS *Additional Conditions: • Monthly cancellations listed above are per occurrence and per each protected borrower. • If the Monthly Anniversary Date is the 29th, 30th, or 31st, the Monthly Anniversary Date will be the last day of the month in months in which there is no 28th, 30th, or 31st day. • Cancellations will not be provided under one Protected Event if you are currently receiving cancellations under another Protected Event. • Additional Disability cancellations will not be provided if you suffer another disability while you are already receiving Disability cancellations. • If you have bi-weekly or semi-monthly benefits, we will cancel the monthly equivalent. OTHER IMPORTANT TERMS Fees and Cancellations What amounts will be cancelled? For Death protection, we will cancel the outstanding balance as of the date of death, up to the maximum listed on the Benefit Chart. For any other Protected Event, we will cancel the minimum regularly scheduled monthly loan or credit card payment(s) due as of the month in which your Protected Event occurs, up to the maximum listed on your Benefit Chart. The amounts cancelled will include principal, interest, the monthly Plan fee and any amounts originally financed as part of the loan or your credit card. For credit cards, we will not cancel late fees, other fees, or any past due amounts. For all other loan types, we will not cancel late fees, other fees, real estate taxes or property insurance premiums; or any past due amounts. If you have a balloon loan, the balloon payment will only be covered for a Protected Event that cancels the outstanding balance. How is my Plan Fee calculated and collected? The Plan Fee is calculated by applying the rate per $1,000 (or any fraction thereof) to your monthly outstanding balance and will be charged and collected monthly. For credit cards, interest will accrue on the debt protection advance, which will extend the time it takes to pay off your credit card balance. For all other loan types, the fee is added to your outstanding balance and becomes part of your monthly loan payment(s). If you purchase the Plan after your loan has closed, we may increase your minimum monthly payment(s) or extend the term of your loan. What are the tax Implications? You may be subject to federal, state and local taxes on the amount of your cancelled loan or credit card payment or balance. You should consult your tax advisor. We do not provide you with guidance on the tax implications, if any, of a cancelled debt. Filing a Claim How do I file a claim? Contact us at (405) 682-1990 or (800) 448-1990. You must be able to verify the Protected Event to our satisfaction. If your delay in filing a claim prevents us from determining eligibility under the Plan, we will not make any cancellations. In the event of a claim, we may ask you to sign a medical release and provide your past medical history. Can you dispute my coverage? Yes. If within the first 2 years of this Plan, we find that you did not meet the eligibility requirements at the time of your application, your protection under the Plan will be removed, you will receive a refund of fees paid, and an otherwise valid claim will be denied. We can also deny a claim for the reasons listed in the Benefit Chart. Do I have to make payments while my claim is being processed? Yes. While we are processing your claim, you must make your monthly payment(s) on your loan or line of credit by the due date or your monthly payment(s) on your credit card by the due date. Once cancellations begin, you are responsible for any amounts that are not cancelled. What if I become disabled again or lose my job again? If you become disabled again with the same condition within 6 months of having recovered, or you become involuntarily unemployed again within 6 months of returning to full-time work, this will be a continuation of the first event. This means that if the maximum number of cancellations was already reached, we will not make any additional cancellations. But if you become disabled again with the same condition more than 6 months after your recovery, or you become involuntarily unemployed again more than 6 months after you return to full-time work, this will be a new event. It will also be a new event if you become disabled again with a different condition. This means you start a new set of cancellations, up to the maximums listed in your Benefit Chart. What if I have an unrelated injury or sickness while I am disabled? If you are disabled ("original occurrence") and sustain another sickness or injury which would also be disabling, the second sickness or injury will not be considered a new occurrence of Disability. This means that you will receive cancellations for the second sickness or injury only if you did not reach your maximum per-occurrence cancellations for the original occurrence. Termination of the Plan and Change in Terms How can the Plan be terminated? (a) You may terminate this Plan at any time by writing us at True Sky Credit Union, P.O. Box 28408, Oklahoma City, OK 73126. If you do so within 30 days of the first time we bill you, we will credit your loan account or credit card account for any fees charged. (b) We can terminate this Plan by giving you written notice at least 30 days in advance of the termination. Termination will be effective on the first of the month after you receive notice of termination. Fees for the month in which notice of termination is received will still be due and collected from the loan or credit card payment. (c) Your Plan will be terminated immediately and without notice: (1) If your loan or credit card balance is paid off, refinanced with us or another lender, sold, transferred, or discharged. (2) If your loan, credit card or line of credit payments are past due 90 days or more (if you bring your loan, credit card or line of credit current after your Plan has been terminated for delinquency, you must reapply for the Plan). (3) You fail to pay the Plan fee. (4) When you reach age 70 or die. For joint protection, when the oldest borrower reaches age 70, the oldest borrowers protection terminates. Protection will automatically convert to Single Protection for the younger borrower. Once the younger borrower reaches age 70, all protection will terminate. If either borrower dies, any available cancellation for death will be made, subject to the terms of this agreement, and the protection for that borrower will terminate; or (5) When the protected balance is paid off under the Plan or all maximum cancellations are reached. Can you change the fee and terms of this Plan? Yes. We can change the terms of this Plan, including the fee, at any time. If we do, we will give you prior notice and a chance to terminate the Plan without penalty. What if I refinance or modify my loan or credit card account? If you refinance your loan or credit card with another lender, this Plan will terminate; if we are making cancellations when you refinance, cancellations will cease. If you refinance the loan or credit card with us so that you have a new loan or credit card account with us, this Plan will terminate and you will need to complete a new debt protection application and qualify for protection if you wish to have debt protection on the new loan or credit card account. However, if we are making cancellations at the time you refinance your loan or credit card account with us, those cancellations will continue on the new loan or credit card account in accordance with this agreement. If you modify the terms of your loan or credit card account, coverage will continue. What if my loan or credit card account ends while I am receiving cancellations under the Plan? Cancellations will stop if the loan or credit card balance is paid off, refinanced with a different lender, sold, transferred, or discharged, even if you haven't received all of your cancellations. BORROWER'S NAME NICHOLAS COLE POTTS LOAN NUMBER MEMBER NUMBER DATE OF LOAN 03/27/2023 Definitions Actively working 24 or more hours per week and full-time employment: This means that you are actively working for income for 24 hours or more per week. Working means actually performing your job duties and not off of work due to leave of absence; layoff; routine or seasonal work interruption; or any other reason. Effective Date: This means the date your Plan becomes effective, which is the later of: (1) the date you sign the Plan application; or (2) the date the loan funds are disbursed; or (3) the date of your first advance under a protected line of credit; or (4) the date of your first advance under a protected credit card account. Pre-existing condition: This means a condition for which you received medical treatment or advice or had diagnostic tests for the same or related condition in the 6 month period prior to the Effective Date or an advance under a line of credit or an advance under the credit card account. This exclusion only applies if the Protected Event begins within the 6 months after the Effective Date or within the 6 months after an advance under a line of credit or an advance under the credit card account. Example: if you break your leg within the 6 months before the Effective Date or an advance under a line of credit or credit card account, and you become disabled because of that broken leg within 6 months after the Effective Date or advance, we will not make any cancellations. However, if you become disabled 7 months after the Effective Date or advance, we will make cancellations as described in the Benefit Chart. Who to Contact with Questions or Concerns About this Plan Call us at (405) 682-1990 or (800) 448-1990 or write us at True Sky Credit Union, P.O. Box 26406, Oklahoma City, OK 73126 or visit us at one of our branches. This Is Not an Insurance Policy This agreement is not a policy of insurance and you will not receive cash benefits. This agreement is between you and us as your creditor. Under this agreement, we will cancel your loan balance or credit card balance or payments if you qualify for such cancellation(s) under the terms of this agreement. If your claim is approved by us, we will cancel your balance or payments in accordance with this agreement. We have hired Minnesota Life Insurance Company to administer claims on our behalf, but they are not a party to this agreement. SERVICE OKLAHOMA LIEN HOLDERS RELEASE FORMS VIN: IGG1YNEY9MF309123 VEHyr: 2021 MAKE: CHEV MODEL: SILVERADO BODY: PK AGNT #: M1430 LIEN DATE: 06/12/2023 LIEN DEBTOR: POTTS, NICHOLAS COLE POTTS, NICHOLAS COLE 9400 S INDIAN MERIDIAN CHOCTAW OK 73020-4042 LIEN HOLDER: TRUE SKY FEDERAL CREDIT UNION LIEN HOLDER ID: LH001611 TRUE SKY FEDERAL CREDIT UNION 10201 S WESTERN AVE OKLAHOMA CITY OK 73139-2931 TO: SERVICE OKLAHOMA MOTOR VEHICLE DIVISION P.O. BOX 269061 OKLAHOMA CITY OK 73126-9061 REF#: L0653682344 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 SERVICE OKLAHOMA LIEN RECEIPT VIN: 1GC1YNEY9MF309123 VEHYR : 2021 MAKE : CHEV MODEL : SILVERADO BODY : PK LIEN DATE: 06/12/2023 LIEN DEBTOR: POTTS, NICHOLAS COELE LIEN HOLDER ID: LH001611 TRUE SKY FEDERAL CREDIT UNION 10201 S WESTERN AVE OKLAHOMA CITY OK 73139-2931 L0653682344 AGNT #: M1430 DATE: 06/13/2023 REF#: L0653682344 SERVICE OKLAHOMA MVD P.O. Box 26940 Oklahoma City, Oklahoma 73126-0940 Date Issued: June 13, 2023 Letter ID: L1292691112 Title Receipt Lienholder(s): 6/12/2023 - TRUE SKY FEDERAL CREDIT UNION TIA POTTS AND/OR NICHOLAS POTTS 9400 S INDIAN MERIDIAN CHOCTAW OK 73020-4042 VIN 1GC1YNEY9MF309123 TITLE # 810013298359 VEHICLE REGISTRATION TITLE VIN: 1GC1YNEY9MF309123 Year: 2021 Make: CHEV Model: SILVERADO Class: Truck, Tractor Or Van - Non Cam Body Type: PK Color: White Title #: 810013298359 Title Action: Add Lien Title Type: Standard Title Title Date: 6/13/2023 Title Hold(s): Title Brand(s): Odometer: 14 Odo. Brand: Actual Odo. Discrepancy: No Purchase Price: $64,400.00 Taxable Value: $54,480.00 Assignment Date: 10/29/2021 Due to recent legislation, titles that are subject to a lien will be sent to lienholders effective 7/1/22. Titles not subject to a lien will be sent to the owner. Form MV-21-A Revised 1-2014 MVC OKLAHOMA TAX COMMISSION MOTOR VEHICLE DIVISION POST OFFICE BOX 269061 OKLAHOMA CITY, OKLAHOMA 73126 LIEN ENTRY FORM Debtor Names and Address (Last Name First) Potts, Nicholas Cole Name(s) 9400 S INDIAN MERIDIAN Address CHOCTAW, OK 73020 City, State, Zip TRUE SKY FEDERAL CREDIT UNION Secured Party Name 10201 S. WESTERN AVE. Address OKLAHOMA CITY, OK 73139 City, State, Zip Assignee of Secured Party Name Address City, State, Zip THIS LIEN ENTRY FORM COVERS THE FOLLOWING VEHICLE <table> <tr> <th>Year</th> <th>Make</th> <th>Body Type</th> <th>Vehicle Identification Number (VIN/HIN)</th> </tr> <tr> <td>2021</td> <td>CHEVROLET</td> <td>SILVERADO 25C</td> <td>1GC1YNEY9MF309123</td> </tr> </table> 03/27/2023 Date of Security Agreement 06/12/2023 Date Executed Secured Party/Assignee Signature Lender must type and print four (4) identical copies of the Lien Entry Form. Type one Lien Entry Form for each vehicle, boat or outboard motor. One (1) copy to the Oklahoma Tax Commission, one (1) copy to the motor license agent, one (1) copy to the secured party or assignee, one (1) copy attached to the title documents to be given to the debtor. Notice to Debtor: Oklahoma law requires a new owner to title and register his/her vehicle and pay all taxes and fees due within 30 days of acquiring ownership. <table> <tr> <th colspan="2">FEES (VEHICLES)</th> <th colspan="2">FEES (BOATS/MOTORS)</th> </tr> <tr> <td>Lien Entry Fee</td> <td>$ 10.00</td> <td>Lien Entry Fee</td> <td>$ 10.00</td> </tr> <tr> <td>Title Fee</td> <td>$ 11.00</td> <td>Title Fee</td> <td>$ 2.25</td> </tr> <tr> <td>Mail Fee</td> <td>$ 1.50</td> <td>Mail Fee</td> <td>$ 1.50</td> </tr> <tr> <td>Total</td> <td>$ 22.50</td> <td>Total</td> <td>$ 13.75</td> </tr> </table> IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA TRUE SKY FEDERAL CREDIT ) UNION. ) ) Plaintiff. ) Case No. vs. ) NICHOLAS COLE POTTS. ) Defendant. ) SCRA AFFIDAVIT State of Oklahoma, County of Oklahoma, I, Lois A. Clarkson, state that I am a Paralegal for Hall & Ludlam, PLLC, authorized to make this affidavit on its behalf in this case. As of the current date, the Defendant, NICHOLAS COLE POTTS, is not in military service according to the SCRA website. I have used the Servicemembers Civil Relief Act Website (https://scra.dmde.osd.mil/) to determine the Defendant’s military status as attached hereto. Pursuant to 28 U.S.C. § 1746 and 12 O.S. § 426, I state under penalty of perjury that the foregoing is true and correct. Executed on January 20, 2026. Lois A. Clarkson Lois A. Clarkson, Paralegal Jeffery S. Ludlam, OBA # 17822 HALL & LUDLAM, PLLC 210 Park Ave., Ste. 3001 Oklahoma City, OK 73102 P: 405-600-9500 | F: 405-600-9550 E: [email protected] [email protected] Attorneys for True Sky Federal Credit Union Status Report Pursuant to Servicemembers Civil Relief Act SSN: Birth Date: Last Name: POTTS First Name: NICHOLAS Middle Name: COLE Status As Of: Jan-20-2026 Certificate ID: YC5N3VMCW2VM3X1 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 individual's active duty status based on the Active Duty Status Date Left Active Duty Within 357 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 whether the individual left active duty status within 357 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. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 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 an 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.