Arvest Bank v. Darel Skelton

IN THE DISTRICT COURT OF MAYES COUNTY, OKLAHOMA CIVIL COURT DEPARTMENT ARVEST BANK ) P. O. BOX 799 ) LOWELL, AR 72745 ) Plaintiff, v. ) ) DAREL SKELTON ) 37602 S 4450 RD ) VINITA, OK 74301 ) Defendant. VERIFIED PETITION FOR REPLEVIN AND MONEY JUDGMENT Arvest Bank ("Plaintiff") for its Verified Petition for Replevin and Money Judgment against the Defendant, states and alleges as follows: PARTIES 1. Plaintiff is party-in-interest as it holds a valid, perfected security interest in the personal property that is sought to be recovered and seeks a money judgment. 2. Darel Skelton ("Skelton") is a natural person residing in Mayes County, Oklahoma, at 37602 S 4450 Rd, Vinita, OK 74301. 3. Skelton is not an active member of the armed services; therefore, the provisions of the Servicemembers' Civil Relief Act, 50 U.S.C. App. Sec. 501, et seq., do not apply. An Affidavit Regarding Military Status Under the Servicemembers Civil Relief Act with SCRA report are attached hereto as Exhibit A. JURISDICTION AND VENUE 4. The collateral which is the subject of this action is located at 37602 S 4450 Rd, Vinita, OK 74301. 5. Plaintiff is the holder and owner of Skelton's Retail Installment Sales Contract and secured lien for collateral, which is the subject of this suit and situated in the State of Oklahoma. 6. Jurisdiction is proper in the State of Oklahoma because the events giving rise to the formation of the Retail Installment Sales Contract took place in the State of Oklahoma and also because the collateral is located in the State of Oklahoma. 7. Venue is proper in the Circuit Court of Mayes County as Skelton is a resident of the County of Mayes. ALLEGATIONS COMMON TO ALL COUNTS 8. Pursuant to a Retail Installment Contract (the "Note") dated February 7, 2024, Skelton promised to pay Plaintiff the amount of $38,305.00, plus interest thereon at the rate of 12.97% per annum, payable in monthly installments. A true and correct copy of the Note is attached hereto as Exhibit B. 9. Pursuant to the Note, Skelton granted Plaintiff a security interest in 2014 Ram 3500 Vehicle (VIN: 3C63RRNL7EG142463) (the "Collateral"). 10. Plaintiff perfected its security interest in the Collateral by having its security interest noted on the Certificate of Title for the Collateral (the "Lien Document"). A true and correct copy of the Lien Document is attached hereto as Exhibit C. 11. Skelton failed to make the required payments under the terms of the Note and, therefore, is in default of the payment obligations thereunder. 12. Plaintiff notified Skelton of default. True and correct copies of Plaintiff’s letters are attached hereto as Exhibit D. 13. Despite Plaintiff's demands, Skelton failed to pay the indebtedness due under the Note, failed to pay any other amount due under the Note, and failed to surrender possession of the Collateral to Plaintiff. 14. By virtue of the default, and pursuant to the terms of the Note, Skelton is obligated to pay the entire indebtedness due, including the unpaid principal balance in the sum of $33,014.89, plus accrued interest in the amount of $1,260.15, with interest continuing to accrue on the principal balance at the rate of 12.97% per annum until all of the principal balance is paid in full, $105.00 for late charges and Plaintiff's reasonable expenses incurred in enforcing the Note, including, but not limited to, reasonable attorneys' fees pursuant to the Note and court costs (the "Indebtedness"). COUNT I - REP LEVIN 15. Plaintiff restates and adopts by reference all allegations contained in paragraphs 1 through 14 above as though fully set forth herein. 16. Pursuant to the terms of the Note, Plaintiff is entitled to immediate and permanent possession of the Collateral and Skelton is wrongfully detaining the Collateral. 17. The adjusted (monthly used – clean retail) value of the Collateral is estimated by Plaintiff to be $34,200.00. 18. The Collateral has not been seized under any legal process. 19. Plaintiff believes Skelton lacks the assets from which to satisfy the Indebtedness, in whole or in part, by means other than the Collateral. The Collateral is readily marketable and moveable, is easily damaged by misuse, and depreciates with use and over time, and Plaintiff is in danger of losing the Collateral and the opportunity to satisfy the indebtedness if it cannot obtain immediate possession of the Collateral. Consequently, the value of the Collateral will be greatly diminished unless it is immediately taken out of the possession of Skelton and delivered to Plaintiff. 20. Plaintiff has a right to replevin the Collateral. COUNT II - MONEY JUDGMENT 21. Plaintiff restates and adopts by reference all allegations contained in paragraphs 1 through 20 above as though fully set forth therein. 22. Plaintiff has performed all conditions precedent required of it under the Note. 23. Skelton failed to make the required payments under the terms of the Note and, therefore, is in default of his payment obligations thereunder. 24. By virtue of the default, and pursuant to the terms of the Note, Skelton is obligated to pay Plaintiff on the Note the unpaid principal balance in the sum of $33,014.89, plus unpaid accrued interest in the amount of $1,260.15, with interest continuing to accrue at the rate of 12.97% per annum until all of the principal balance is paid in full and $105.00 for late charges. 25. Further, Skelton are required to pay Plaintiff's reasonable attorneys' fees and costs of collection. WHEREFORE, Plaintiff prays that judgment be entered against Defendant Darel Skelton for the unpaid principal balance in the sum of $33,014.89, plus accrued interest in the amount of $1,260.15, with interest continuing to accrue at the rate of 12.97% per annum until the principal balance is paid in full, $105.00 in late charge and Plaintiff's reasonable attorneys' fees; judgment be entered against Defendant Darel Skelton for immediate and permanent possession of the Collateral, for an Order for delivery directing the Sheriff of Mayes County, Oklahoma, or the Sheriff of any other County in Oklahoma, in which the Collateral may be found, to take delivery of the Collateral from and deliver it to Plaintiff, for damages for the wrongful detention of the Collateral, for the value of the property not delivered, for the costs of this action, and for such other relief as the Court deems just. Respectfully submitted, Sandberg Phoenix & von Gontard P.C. Michele M. O’Malley, OK #34123 4600 Madison Avenue, Suite 1000 Kansas City, MO 64112 Main: 816.627.5332 Facsimile: 816.627.5532 [email protected] Attorneys for Plaintiff AFFIDAVIT IN SUPPORT OF PETITION FOR REPLEVIN AND MONEY JUDGMENT I, Kevin Tolbert, being duly sworn and under oath, state as follows: 1. I am over 21 years of age, have personal knowledge of, and am competent to testify to, the matters set forth herein. 2. I am employed by Arvest Bank, Plaintiff in the above-described action, and am duly authorized to make this Affidavit on its behalf. 3. I have read and reviewed the Petition and attached Exhibits filed herein. The averments in the Petition are true and accurate to the best of my knowledge and belief, the Exhibits are true and accurate copies of the originals, and I incorporate them herein by reference. FURTHER AFFIANT SAITH NOT. Kevin Tolbert Print name: Kevin Tolbert Title: DAS-Legal Default Specialist STATE OF Oklahoma ) COUNTY OF Tulsa ) ss. Subscribed and sworn before me, a notary public, this 0 day of February 2026, by Kevin Tolbert My Commission Expires: June 17, 2027 Notary Public Kristin Stalcup Notary Public - State of Oklahoma Commission Number 19006092 My Commission Expires Jun 17, 2027 IN THE DISTRICT COURT MAYES COUNTY, OKLAHOMA CIVIL COURT DEPARTMENT ARVEST BANK ) ) Plaintiff, v. Case No. DAREL SKELTTON ) ) Defendant. AFFIDAVIT REGARDING MILITARY STATUS UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT STATE OF (Oklahoma ) ) COUNTY OF (Tulsa ) ss. BEFORE ME, the undersigned authority, on this day personally appeared, known to me, Kevin Tolbert , who, after being by me duly sworn, on his/her oath stated the following: 1. My name is Kevin Tolbert . I am over 21 years of age, have personal knowledge of, and am competent to testify to, the matters set forth herein. 2. I am employed by Arvest Bank, Plaintiff in the above-described action, and am duly qualified and authorized to make this Affidavit on its behalf. 3. Darel Skelton, Defendant in this lawsuit, is not in the military service. 4. Based on the Status Report Pursuant to Servicemembers Civil Relief Act ("Report") obtained from the United States Defense Manpower Data Center website, Darel Skelton, a Defendant, is currently not serving as an active duty or reserve member of any branch of the United States military. A true and correct copy of the Status Report is attached hereto and incorporated herein by reference as if set out fully for all purposes. 5. The facts contained herein are within my personal knowledge and are just, true and correct. FURTHER AFFIANT SAITH NOT. Name: Kevin Tolbert Title: DAS-Legal Default Specialist SUBSCRIBED AND SWORN to before me, a Notary Public for said County and State on the 10 day of February 2026, by Kevin Tolbert. KRISTIN STALCUP Notary Public - State of Oklahoma Commission Number 19006092 My Commission Expires Jun 17, 2027 My Commission Expires: June 17, 2027 Notary Public Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-1392 Birth Date: Dec-XX-1986 Last Name: SKELTON First Name: DAREL Middle Name: Status As Of: Feb-10-2026 Certificate ID: VBT9QBP28CBWPK8 <table> <tr> <th colspan="4">On Active Duty On Active Duty Status Date</th> </tr> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> <tr> <td colspan="4">This response reflects the individuals' active duty status based on the Active Duty Status Date</td> </tr> </table> <table> <tr> <th colspan="4">Left Active Duty Within 367 Days of Active Duty Status Date</th> </tr> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> <tr> <td colspan="4">This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date</td> </tr> </table> <table> <tr> <th colspan="4">The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date</th> </tr> <tr> <th>Order Notification Start Date</th> <th>Order Notification End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> <tr> <td colspan="4">This response reflects whether the individual or his/her unit has received early notification to report for active duty</td> </tr> </table> Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. RETAIL INSTALLMENT SALES CONTRACT - SIMPLE INTEREST BUYER(S) NAME & ADDRESS (Last Name First) Skelton, Darel 37602 South 4450 Road Vinita, OK 74301 SELLER/SECURED PARTY Kevin Grover Buick-GMC 1440 S. Dewey Wagoner, OK 74467 NUMBER DATE OF SALE February 7th, 2024 DISCLOSURES 1. ANNUAL PERCENTAGE RATE The cost of the credit as a yearly rate. 12.97% 2. FINANCE CHARGE The dollar amount the credit will cost. $13,953.20 3. AMOUNT FINANCED The amount of credit provided to Buyer or on his behalf as itemized below. $38,305.00 4. TOTAL OF PAYMENTS The amount Buyer will have paid after Buyer has made all payments as scheduled. $52,258.20 5. TOTAL SALES PRICE The total cost of the purchase on credit, including Buyer's down payment of $5,000.00 $57,258.20 PAYMENT SCHEDULE WILL BE: <table> <tr> <th>NO. OF REGULAR PAYMENTS</th> <th>AMOUNT OF PAYMENTS</th> </tr> <tr> <td>59</td> <td>Regular $870.97</td> <td>Plus Final Payment $870.97</td> </tr> </table> FREQUENCY OF PAYMENTS [X] Monthly First Payment: 03/08/2024 Final Payment: 02/08/2029 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 $21.00 or 5% of the unpaid amount of the payment, whichever is greater. See Retail Installment Sales Contract, Security Agreement and related contract documents for additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. SECURITY/COLLATERAL [X] The signers of the Security Agreement are giving a security interest in the following property: Used 2014 Ram 3500 VIN: 3C63RRNL7EG142463 Collateral securing other sales by Seller to Buyer also secures this Contract. Assumption Policy: Someone buying Buyer's house: [ ] may, subject to certain conditions, be allowed to assume the remainder of the mortgage on the original terms. [ ] cannot assume the remainder of the mortgage. Fees Paid In Cash By Buyer: Filing Fees $ N/A Non-Filing Insurance $ N/A ITEMIZATION OF AMOUNT FINANCED $42,000.00 CASH PRICE (Including Accessories, Sales Tax, Service and Service Protection provided by Seller) $5,000.00 2 Cash Down Payment N/A 3 Manufacturer's Rebates. N/A 4 Trade In (describe) N/A 5 Payoff Balance on Trade-in (if any). Paid to N/A 6 Net Allowance on Trade-in (Subtract line 5 from line 4) $5,000.00 7 Total Cash Down and Net Trade (Add lines 2, 3 and 6. If amount is negative enter same positive amount on line 17) $5,000.00 8 Total Down Payment (Enter amount from line 7 [if positive amount], or enter "0" if line 7 is negative) $37,000.00 9 Unpaid Balance of Cash Price (Subtract line 8 from line 1) Amounts Paid to Others on Buyer's Behalf (Seller may retain a portion of amounts designated with an asterisk "*"): N/A *10 Credit Life Insurance Premium to N/A N/A *11 Disability Insurance Premium to N/A $1,200.00 *12 Other Insurance Premium to ALLY GAP $10.00 *13 Filing and Releasing Fees to Public Officials N/A *14 License, Title and Registration to N/A *15 Service Contract to N/A $95.00 *16 Processing Fee N/A *17 To N/A N/A *18 To N/A $1,305.00 *19 Total Amount Paid to Others on Behalf of Buyer (Add lines 10 through 18) N/A *20 Less Prepaid Finance Charge, $38,305.00 21 AMOUNT FINANCED (Add lines 9 and 19, less Prepaid Finance Charge entered on line 20) If this Contract arises from a consumer credit sale of a used vehicle (as defined in Part 455 of Title 16 of the Code of Federal Regulations) then the information you see on the window form for this vehicle is part of this Contract. Information on the window form overrides any contrary provisions in the Contract of sale. DISCLAIMER OF WARRANTIES Seller's oral statements about the property described herein do not constitute warranties and shall not be relied upon by Buyer. To the extent permitted by law, Seller disclaims all express and implied warranties (including, without limitation, the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE) with respect to the goods sold; provided, however, if a written warranty is provided to Buyer with this sale or Seller and Buyer enter into a service contract for the property described in this Contract, any such implied warranties of MERCHANTABILITY and fitness for a particular purpose are not disclaimed but shall be limited in duration to the duration of the written warranty. CREDITOR/ASSIGNEE ARVEST BANK PO BOX 799 LOWELL, AR 72745 SECURITY AGREEMENT The undersigned grants to Seller a security interest in Collateral described above to secure Buyer's obligations evidenced by RETAIL INSTALLMENT SALES CONTRACT executed herewith, and except for Collateral which the consumer debtor does not personally own, (which Collateral is defined in 16CFR Sec. 441(e)), to secure (1) all future advances, (2) any deficiency owed to Seller due to Buyer (primary, secondary, direct or indirect, absolute or contingent, sole, joint, or several) due or to become due or which may be required to be repaid by Buyer under this contract for the performance of all agreements, covenants, and warranties of Buyer, Seller, Co-Buyer, and any other person or persons specifically described hereof, (2) all personal property installed in, or affixed to, such described property, including additions, accessions, substitutions, improvements thereto, including insurance proceeds payable by reason of damage to or loss of Collateral, and (4) proceeds from credit life and disability insurance proceeds received by Buyer that are not returned from such insurance coverage and from any extended service contract purchased by the undersigned pursuant to this contract X [signature] X [signature] INSURANCE STATEMENT CREDIT LIFE ACCIDENT AND HEALTH INSURANCE are not required to obtain this extension of credit and such insurance is not a factor in the approval by Seller of the extension of credit. However, if Buyer requests such insurance and principal for the term of the debt will only be provided if available and if Buyer and/or Co-Buyer request seller to obtain co-insurance by indicating the type of insurance desired and signing below. [X] Life Insurance for [ ] Buyer [ ] Co-Buyer Cost: $ N/A [X] Accident and Health Insurance for [ ] Buyer [ ] Co-Buyer Cost: $ N/A Buyer desires insurance checked above [X] does not desire the insurance X [signature] Date: 2-7-29 Co-Buyer desires insurance checked above [X] does not desire the insurance X [signature] Date: [blank] VENDOR'S SINGLE INTEREST AND/OR OTHER PROPERTY INSURANCE may be obtained by Buyer and/or Co-Buyer through a person acceptable to Seller, if such insurance is obtained through Seller, the cost for the term of the debt is: [ ] Property Insurance $ N/A [ ] Vendor's Single Interest Insurance $ N/A (The issuer issuing this policy waives its rights to subrogation against Buyer.) RETAIL INSTALLMENT SALES The undersigned (Buyer(s)) and all other parties liable hereunder, hereby covenant and agree to cause (Buyer) to promptly purchase from Seller the property described herein and agree to pay Seller (a) the Amount Financed as shown herein, (b) interest at the specified Annual Percentage Rate, (c) any finance charge: Amount Financed at any time remaining unpaid, and (c) any other secured or unsecured part of the Finance Charge. All payments received by Seller are to be applied first to accrued and unpaid Finance Charge to date of payment and secondly to the payment of the unpaid balance of Amount Financed. ALL PARTIES DEEMED PRINCIPALS: All parties liable for payment hereunder shall each be regarded as a principal. Each party agrees that any party with approval of holder and without notice to any other party may from time to time renew this Contract or execute additional Contracts or contracts for advances due for any term or terms, and all parties shall be liable in same manner as on original contract. All parties liable for payment hereunder are individually and collectively, subject to release of collateral and to addition or release of any party or guarantor. PREPAYMENT: Buyer shall have the right to prepay the Amount Financed in full by paying the full amount due thereon provided; however, that prior to or contemporaneously with any such prepayment, Buyer shall have paid to Seller the Finance Charge assessed by Seller on the amount prepaid by Buyer; and Buyer will be granted a rebate of any unearned portion of the Finance Charge. Partial prepayments shall be applied first to accrued and unpaid Finance Charge or, if buyer elects option of Seller, to principal payments in inverse order of maturity. DELINQUENCY CHARGE: If any payment required by this Contract is not received by Seller within 3 days of the due date, the holder may assess a delinquency charge against Buyer, which is the greater of (i) 5% of the unpaid amount of the payment or (ii) up to the amount set for delinquency charges by the Administrator of the Oklahoma Department of Commerce and if the amount becomes delinquent. Buyer agrees the amount set by rule of the Administrator may increase to an amount greater than that disclosed in the window form. COLLECTION COSTS: The Seller may charge and collect from the Buyer the maximum fee permitted by law for each return by a bank or other financial institution of a check, dishonored check, negotiable order of withdrawal or share draft issued to Seller in connection with this sale. This fee shall be in addition to all other legal, collection, and attorney fees. Collection charges by Seller may charge and collect from the Buyer and shall not be subject to refund or rebate. Buyer agrees to pay the costs of enforcing the secured interest, and to pay attorney fees, not to exceed 15% of the unpaid debt after default, if allowed by law at the time this Contract is signed. BUYER(S) SIGNATURES The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. [X] We agree to terms of this Retail Installment Sales Contract, the Security Agreement, Disclosure Statement, and Payment Schedule included in Additional Provisions printed on reverse side of form. We have received a copy of the window form as of Date of Sale indicated above. If applicable, the window form is attached and is complete and correct. X [signature] X [signature] X [signature] X [signature] EXHIBIT B ADDITIONAL PROVISIONS: BUYER EXPRESSLY WARRANTS, COVENANTS AND AGREES: WARRANTIES AND COVENANTS 1. Financial Information. All applications, balance sheets, earnings statements, other financial information and other representations which have been, or may hereafter be, furnished by Seller/Secured Party hereto, or to enable una and/or prior to any sale, transfer or assignment of Buyer’s interest herein, shall fairly represent the financial condition of Buyer as of the date of and for the period shown therein. Such representations and documents, and papers and data furnished to Seller/Secured Party hereto shall be subject to examination by Buyer at the time and place hereof, and such data and documents as may be necessary to give Seller/Secured Party true and accurate knowledge regarding such matters. There has been no material change in the financial condition of Buyer since the effective date of the most recently furnished financial information which has not been reported to Seller/Secured Party in writing. 2. Ownership Free of Encumbrances. Buyer will not permit any lien or security interests otherwise to encumber, attach or be levied upon any part of the Collateral, will not permit the Collateral to be levied upon, garnished or attached without any legal cause, nor do anything to impair the value of the Collateral or the security interest herein. 3. Financing Statement. Buyer agrees to join with Seller/Secured Party in executing one or more Financing Statements from time to time, in order to perfect, or to continue perfection of any other Financing Statement granted. Any abstract, photograph or other reproduction of this Agreement or any Financing Statement shall be sufficient. 4. Residence, Use and Location. Statements made herein or otherwise as to Buyer’s address and as to location, possession and use of the Collateral are true. Buyer will not permit the Collateral to leave the location specified herein without the written consent of Seller/Secured Party. Buyer’s exact legal name is set forth on the reverse side of this Agreement. If Buyer is an individual, Buyer’s principal residence is at Buyer’s address as noted on this Agreement. Buyer will notify Seller/Secured Party if it will change principal residence or legal name without obtaining Seller/Secured Party’s prior written notice. 5. Sale, Transfer or Disposition of Collateral Prohibited. Buyer shall not sell, assign, exchange, lease or otherwise dispose of the Collateral or any part thereof or Buyer’s rights therein without first obtaining the prior written consent of Seller/Secured Party. The consent of Seller/Secured Party to sale, assignment, exchange, lease or other disposition of the Collateral may be granted by Buyer’s deed to a third party which requires that the third party to the agreement also agree to pay the application of proceeds to obligations secured hereby (which requirements the seller/Secured Party deems to be for the protection of its security interest); and, it is understood and agreed that Buyer’s failure to obtain the prior written consent of Seller/Secured Party for the sale, assignment, exchange, lease or other disposition of the Collateral or any part thereof or Buyer’s rights therein will result in a default under this Agreement unless agreed to in writing by Seller/Secured Party. Buyer’s exact legal name is as set forth on the reverse side of this Agreement. 6. Maintenance and Inspection. Buyer at own expense shall keep the Collateral in good condition and repair, shall not permit it to be misused or abused or wasted or allowed to deteriorate except for the ordinary wear and tear of its intended primary use, shall promptly provide in written form to Seller/Secured Party reports and notices of any losses or thefts, illegal use or its use in a manner not permitted by the insurance coverage, and shall permit and facilitate Seller/Secured Party to examine and inspect the collateral at any time and whenever requested. 7. Taxes. Buyer shall promptly pay any and all taxes, assessments and license fees with respect to the Collateral or the use of the collateral. EVENTS OF DEFAULT Buyer shall be in default under this Agreement upon the happening of any one or more of the following events or conditions, herein called “Events of Default”: 1. Any warranty, covenant, agreement, representation, financial information or statement made or furnished to Seller/Secured Party by or on behalf of Buyer to induce Seller/Secured Party to enter into this Agreement, or to any terms hereof, is violated or proves to have been false in any material respect when made or furnished. 2. Any payment required hereunder or under any note or obligation of Buyer to Seller/Secured Party or others is not made when due or in accordance with terms of the applicable contract. 3. Buyer defaults in the performance of any covenant, obligation, warranty, or provision contained in any Loan Agreement or in any other note or obligation of Buyer to Seller/Secured Party or to others. 4. The occurrence of any event or condition which results in acceleration of the maturity of any obligation of Buyer to Seller/Secured Party or to others under any note, indenture, agreement, or undertaking. Upon the occurrence of an Event of Default, and at any time thereafter, Seller/Secured Party may, at its option and without notice or demand to Buyer except as otherwise provided by law, exercise all rights and remedies possessed by Seller/Secured Party including but not limited to: 1. Declare the unpaid balance of the Contract and all other obligations and indebtedness of any other party hereto holder, whether direct or indirect, absolute or contingent, now existing or hereafter arising, due and payable immediately without further notice or demand. 2. Assess and charge Buyer for all late charges, costs, expenses, attorneys’ fees, prepayment charges, and any other amount which may be assessed against Buyer pursuant to this Agreement and apply such sum to Buyer’s account until due and payable. 3. Repossess the Collateral and all books and records evidencing or pertaining to the Collateral. Buyer authorizes Seller/Secured Party to take possession of and hold any property located or temporarily attached to the Collateral. If Buyer has not reclaimed such property within 10 days after notice of its taking and location is sent to Buyer, such property may be sold and the net proceeds applied to expenses and other amounts due from Buyer to Seller/Secured Party. Any balance of such proceeds remaining after payment in full of all amounts secured by this Agreement shall be paid to Buyer. 4. Transfer any of the Collateral or evidence thereof into its own name or that of a nominee and negotiate proceeds therefrom and hold the same in security for Buyer’s benefit. Buyer shall absolve Seller/Secured Party of any liability to Buyer for any act or omission by Seller/Secured Party in collecting, receipt, for, settle, compromise, adjust sue for, foreclose, release or realize upon Collateral, in its own name or in the name of the Buyer as Seller/Secured Party may determine. 5. Sell or otherwise dispose of the Collateral. Unless Collateral in whole or part is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Buyer may sell or otherwise dispose of the Collateral at public auction or private sale. 8. Affixing to Real or Personal Property Prohibited. Buyer shall not permit any of the Collateral to become an accession or affixed to other personal property or to become attached to real property unless first obtaining prior written consent of Seller/Secured Party. The rights of Seller/Secured Party herein shall be cumulative, and not exclusive of, but in addition to, all other rights and remedies. Buyer shall not permit any of the Collateral to become attached to real property without first obtaining prior written consent of Seller/Secured Party. The rights of Seller/Secured Party herein shall be cumulative, and not exclusive of, but in addition to, all other rights and remedies. If such attachment occurs, the rights of Seller/Secured Party which would otherwise arise in respect of such attachment shall survive such attachment and Buyer shall be liable for the compensation of Seller/Secured Party for all such losses, damages, costs and expenses. In the event Seller/Secured Party determines that it is required by the terms of this Agreement to defend any action brought against Buyer involving Buyer’s use or possession of Collateral, Buyer shall indemnify Seller/Secured Party for all such expenses and actual damages which may be incurred by Seller/Secured Party in connection therewith. 9. Adequate Insurance. Buyer at own expense shall insure Collateral with companies acceptable to Seller/Secured Party, in such amounts as prudent and adequate to protect Seller/Secured Party or as Seller/Secured Party shall designate. All insurance policies shall be written for benefit of Buyer and Seller/Secured Party as their respective interests may appear. All insurance policies shall contain a signed endorsement if furnished to Seller/Secured Party within ten days of date of this Agreement. All policies of insurance shall provide, for at least ten days, prior written notice of cancellation to Seller/Secured Party. Buyer shall make payments and shall pay for the procuring of insurance, in making, adjusting and settling claims under or canceling such insurance and in endorsing Buyer’s name on any drafts or checks drawn by insurer of Collateral. 10. Expenditures of Seller/Secured Party. At its option and after any written notice to Buyer, Seller/Secured Party may, at any time and from time to time, and without notice to Buyer, mailed, postage prepaid, to the address of Buyer provided for herein at least ten days before the commencement of the performance of the duties specified therein, if it is agreed by the parties, pay for the repair of any damage to the Collateral, for the maintenance and preservation thereof, and for insurance thereon. Buyer shall be liable for and agrees to repay Seller/Secured Party for all such expenditures, and shall promptly reimburse Seller/Secured Party for all such expenditures and until such reimbursement of such expenditures shall be considered a liability of Buyer to Seller/Secured Party which is secured by this Security Agreement. Buyer shall be liable for a FINANCE CHARGE at a rate not exceeding the ANNUAL PERCENTAGE RATE provided for herein. In addition, Buyer shall be liable for any and agreed to pay Seller/Secured Party for all such costs, attorney fees and out of pocket disbursements of Seller/Secured Party as are allowed or provided for herein in the enforcement or collection of any note, warranty, or liability of Buyer, or in the realization upon or the enforcement or collection of any account receivable, counter claim, proceeds or payment secured by any Collateral, or other Collateral in which Seller/Secured Party has a security interest. Buyer agrees to reimburse Seller/Secured Party for all such expenditures and until such reimbursement of such expenditures shall be considered a liability of Buyer to Seller/Secured Party which is secured by this Security Agreement. REMEDIES Seller/Secured Party will give Buyer reasonable notice of the time and place of any public sale, or of the time after which any private sale or other disposition is to be made. Any requirement of notice shall be met if notice is mailed, postage prepaid, to the address of Buyer provided for herein at least ten days before sale of such disposition or action. Seller/Secured Party shall be entitled to receive all sums realized by it as a result of the sale or disposition of the Collateral or any part thereof, including without limitation, cure costs, fees for repossession, storage, repossession costs, repair and preparation costs, sale, selling costs, and reasonable attorney fees and other expenses incurred by Seller/Secured Party in connection with the disposition of the Collateral. Buyer agrees to assign and transfer to Seller/Secured Party all right, title, and interest of Buyer in and to any money or funds received by Buyer in connection with the Collateral or any part thereof. Buyer may negotiate, assign and transfer the Collateral or any part thereof to Seller/Secured Party without notice or consent. Buyer agrees to authorize the release of any judgment against Buyer for any money or funds received by Buyer in connection with the Collateral or any part thereof. If payment or proceeds ofCollateral are insufficient to pay all amounts secured by this Agreement, Buyer agrees to assign and transfer to Seller/Secured Party all right, title, and interest of Buyer in and to any money or funds received by Buyer in connection with the Collateral or any part thereof. The making of any levy against or seizure, garnishment or attachment of any Collateral, the consensual encumbrance thereof by Buyer, or the sale, lease or other disposition of Collateral by Buyer without the prior written consent of Seller/Secured Party is strictly prohibited herein. 6. Loss, theft, substantial damage or destruction of Collateral. When in the judgement of Seller/Secured Party, the Collateral becomes unsatisfactory or insufficiently secured whereinupon request Buyer fails to provide additional Collateral as required by Seller/Secured Party. 8. Any time Seller/Secured Party in its sole discretion believes the prospect of payment or performance of any liability, covenant, warrant or obligation secured hereby is impaired. 9. The death, dissolution, termination or insolvency of Buyer, the appointment of a receiver over any part of Buyer’s property or any part of the Collateral, an assignment for the benefit of creditors, or any proceeding under any bankruptcy or insolvency law by or against Buyer or any guarantor or surety for Buyer. REMEDIES Seller/Secured Party may recover any amount due under this Agreement by suit or as otherwise provided herein. Buyer may not assert any defenses available to him against Seller/Secured Party except as provided herein. Buyer hereby waives any and all rights to require Seller/Secured Party to pursue any third person for any of the indebtedness. Seller/Secured Party may compromise with any applicable state or federal law requirements in effecting any of the Collateral and Collateral proceeds. This Agreement may not be construed to affect the commercial reasonableness of any sale of the Collateral. Seller/Secured Party may have the right to sell or otherwise dispose of the Collateral for the price fixed herein. Buyer hereby waives any defenses against any warranties as to the Collateral and may specifically disavow any warranty of title or the like. The provisions of this Agreement, unless otherwise of effect the commercial reasonableness of any sale of the Collateral. If Seller/Secured Party sells any of the Collateral uponcredit, Buyer will be credited out with payments actually made by the purchaser, but if Seller/Secured Party sells the Collateral in the absence of the purchaser. In the event the purchaser fails to pay for the Collateral, Seller/Secured Party may foreclose under Code. Buyer shall be credited with the proceeds of the sale. 6. Seller/Secured Party shall not be liable for the failure to collect any account, enforce any contract right, or take any action as or on the part of Seller/Secured Party, its officers, agents or employees, except as the same constitutes a lack of good faith or failure to act in a commercially reasonable manner. Seller/Secured Party shall not be liable for any errors Buyer herein shall be deemed to refer to each Buyer. In the event any provisions hereof are invalid, illegal or unenforceable, the remainder of this Agreement shall remain valid and enforceable. In no event shall any amendment of this Agreement be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision were not contained herein. 6. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Oklahoma, except to the extent that the UCC provides for application of the law of the jurisdiction where the Collateral was delivered or the sale occurred. Any claim or counterclaim may be filed in the District Court of Tulsa County, Oklahoma. In the event that the Contract or any provision hereof violates any law or regulation, such provision shall be invalid and of no effect solely with respect to such provision; provided, however, that such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision were not contained herein. 6. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Oklahoma, except to the extent that the UCC provides for application of the law of the jurisdiction where the Collateral was delivered or the sale occurred. Any claims or counterclaims may be filed in the District Court of Tulsa County, Oklahoma. In the event that the Contract or any provision hereof violates any law or regulation, such provision shall be invalid and of no effect solely with respect to such provision; provided, however, that such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision were not contained herein. GENERAL transferee or assignee shall have all the rights of Seller/Secured Party as to the rights or parts thereof so pledged, transferred, or assigned. Buyer’s rights hereunder may not be assigned. ASSIGNMENT BY SELLER AND TERMS FOR VALUE RECEIVED, Seller hereby sells, assigns, and transfers all of its right, title, and interest in and to the Within Contract and the property described therein, to the Assignee shown on the reverse side hereof (herein called “Assignee”), its successors or assigns with power to take legal proceedings in the name of the Seller or Assignee. Seller warrants that said extension of credit complies with Federal and State laws and regulations; that Seller has taken all steps necessary to perfect the lien granted by this agreement as a First Lien, and to show that the holder and encumbrances whatsoever, except the within Contract; that the Buyers Legal Receipt of Collateral upon Credit is the Assignment and Contract as set forth herein; that Seller did not record the Contract at the time of its execution; and that there is now owing on the within Contract the amount as set forth herein. Seller acknowledges receipt of notice of this Assignment upon the Assignment’s demand in the event the Buyer sets any claims defense against Assignee or Seller relating to the performance or non-performance of Seller’s obligations under this Contract or Seller’s violation of any provision of applicable Federal or State law relating to said contract or event. Assignee becomes aware of any such performance, non-performance, or violation by Seller which might give rise to the assertion of any such claim or defense, or in the event that any other defenses are raised herein are or become false. Seller certifies that Buyer has not yet noticed, protested, non-payment, and non-performance of this Contract. In addition, this Agreement is subject to the provisions set out below in the paragraph(s) initiated by Assignor, if any. [Check if applicable] This Assignment is made under the terms of a separate agreement. INITIALS REPURCHASE: Seller guarantees the payment and performance of this Contract, except as otherwise provided in the Repurchase Agreement between the Seller and Assignee. INITIALS GUARANTY: Seller guarantees the payment and performance of this Contract. INITIALS WITHOUT RECOURSE: This Assignment is without recourse against the Assignor. INITIALS FULL RECOURSE: Seller guarantees payment of all amounts due on this Contract as and when such payments become due. Seller waives any extension of time made by Assignee, and agrees to repurchase this Contract at any time upon demand after any default by the Buyers. SELLER BY Kevin Grover BUICK GMC DATE 2-7-24 NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEF CERTIFICATE OF TITLE STATE OF OKLAHOMA VEHICLE IDENTIFICATION NUMBER: 3C63RRNL7EG142463 YEAR: 2014 MAKE: RAM TITLE NO.: 810014443053 BODY TYPE: CW MODEL: 3LO DATE 1st SOLD: 29-Mar-2014 AGENT NO.: M2110 COLOR: Brown APPLICATION DATE: 19-Mar-2024 ODOMETER: Actual 119026 DATE ISSUE: 20-Mar-2024 TYPE OF TITLE: Transfer MAILING ADDRESS: COLLATERAL MANAGEMENT ARVEST BANK PO BOX 799 LOWELL AR 72745-0799 THIS VEHICLE IS SUBJECT TO THE FOLLOWING LIEN(S): 2/8/2024 ARVEST BANK NAME AND ADDRESS OF THE VEHICLE OWNER: DAREL SKELTON 37602 S 4450 RD VINITA OK 74301-6587 It is hereby certified that according to the records of the Oklahoma Tax Commission, the person named herein is the owner of the vehicle described above which is subject to a lien(s) as shown; however, the vehicle may be subject to other liens or security interests. CONTROL NO.: 53993975 (This is not a title number) ASSIGNMENT OF TITLE BY REGISTERED OWNER (If Dealer, List License # Here: ) I/we hereby assign and warrant ownership of the vehicle described on this certificate to the following, subject only to the liens or encumbrances, if any, properly noted on this certificate. Purchaser(s) Name (Type or Print): ____________________________ Purchaser(s) Complete Address: ________________________________ Actual Purchase Price of Vehicle: ________________________________ I certify to the best of my knowledge that the ODOMETER READING reflected on the vehicle's odometer and listed below is the ACTUAL MILEAGE of the vehicle UNLESS one of the accompanying statements is checked: [ ] 1. The odometer has exceeded its mechanical limits. [ ] 2. The odometer reading is NOT the actual mileage. Warning — Odometer Discrepancy Signature of Seller(s): ____________________________ Printed Name of Seller(s): ____________________________ Subscribed and Sworn to Before me this __________ Day of __________ 20____ Notary Public: __________________________________ Commission Expiration: ____________________________ Notarization required only of seller's signature(s). Affix notary seal/stamp to the right. Signature of Buyer(s): ____________________________ Printed Name of Buyer(s): ____________________________ VOID IF ALTERED OKLAHOMA TAX COMMISSION / MOTOR VEHICLE DIVISION NOTICE OF TRANSFER (SUBMISSION OF THIS FORM IS OPTIONAL - REFER TO INSTRUCTIONS ON REVERSE) VEHICLE IDENTIFICATION NUMBER: 3C63RRNL7EG142463 TITLE NUMBER: 810014443053 BUYER'S NAME (Printed): ____________________________ BUYER'S ADDRESS/CITY/STATE/ZIP: ____________________________ SELLER'S NAME (Printed): ____________________________ SELLER'S ADDRESS/CITY/STATE/ZIP: ____________________________ SIGNATURE OF SELLER: ____________________________ DATE OF SALE: ____________________________ CONTROL No. (Not a Title Number): 53993975 Ownership Transfer Information Federal and state law requires that the odometer reading and its accuracy be disclosed upon every transfer of ownership of a motor vehicle unless otherwise exempted. Failure to complete or providing false information may result in fines and/or imprisonment. The presence of any lien or encumbrance on this vehicle is to be so noted where indicated on the bottom of this page. State law requires a transfer of ownership to be completed within thirty (30) days of acquiring ownership. Failure to do so subjects the owner or possessor to the assessment of delinquent penalties, as provided by law. ALL SELLERS SIGNATURES ON THIS DOCUMENT MUST BE SWORN TO BEFORE A NOTARY PUBLIC. REASSIGNMENT OF TITLE BY LICENSED DEALER NUMBER: I/we hereby assign and warrant ownership of the vehicle described on this certificate to the following, subject only to the liens or encumbrances, if any, properly noted on this certificate. Purchaser(s) Name (Type or Print): Purchaser(s) Complete Address: Actual Purchase Price of Vehicle, Excluding Credit for Any Trade-in: I certify to the best of my knowledge that the ODOMETER READING reflected on the vehicle's odometer and listed below is the ACTUAL MILEAGE of the vehicle UNLESS one of the accompanying statements is checked: [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] (NO TENTHS) 1. The odometer has exceeded its mechanical limits. 2. The odometer reading is NOT the actual mileage. Warning—Odometer Discrepancy Signature of Seller(s): ____________________________ Printed Name of Seller(s): ____________________________ Notarization required only of seller's signature(s). Affix notary seal/stamp to the right. Signature of Buyer(s): ____________________________ Printed Name of Buyer(s): ____________________________ REASSIGNMENT OF TITLE BY LICENSED DEALER NUMBER: I/we hereby assign and warrant ownership of the vehicle described on this certificate to the following, subject only to the liens or encumbrances, if any, properly noted on this certificate. Purchaser(s) Name (Type or Print): Purchaser(s) Complete Address: Actual Purchase Price of Vehicle, Excluding Credit for Any Trade-in: I certify to the best of my knowledge that the ODOMETER READING reflected on the vehicle's odometer and listed below is the ACTUAL MILEAGE of the vehicle UNLESS one of the accompanying statements is checked: [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] (NO TENTHS) 1. The odometer has exceeded its mechanical limits. 2. The odometer reading is NOT the actual mileage. Warning—Odometer Discrepancy Signature of Seller(s): ____________________________ Printed Name of Seller(s): ____________________________ Notarization required only of seller's signature(s). Affix notary seal/stamp to the right. Signature of Buyer(s): ____________________________ Printed Name of Buyer(s): ____________________________ LIENHOLDER INFORMATION Any active lien or encumbrance against this vehicle is to be described below. Any active lien reflected on the face of this certificate will carry forward to any subsequent Oklahoma title issued unless a proper release of lien has been executed. LIENHOLDER NAME: ____________________________ DATE OF LIEN: ______________ LIENHOLDER ADDRESS / CITY / STATE / ZIP: ____________________________ NOTICE OF TRANSFER INSTRUCTIONS THIS NOTICE OF TRANSFER IS AN OPTIONAL FORM THAT SERVES ONLY AS A NOTIFICATION TO THE OKLAHOMA TAX COMMISSION OF THE ASSIGNMENT OF OWNERSHIP OF THE DESCRIBED VEHICLE. IT IS INTENDED TO RECORD THAT ASSIGNMENT IN OTC COMPUTER FILES AND TO PREVENT CERTAIN TRANSACTIONS FROM BEING PROCESSED UNTIL A TRANSFER OF TITLE IS COMPLETED BY THE ASSIGNEE. ALL REQUESTED INFORMATION MUST BE PROVIDED IN ORDER FOR THIS NOTICE TO BE FILED. TO RECORD THIS NOTICE OF TRANSFER, DETACH FROM TITLE CERTIFICATE AND DELIVER OR MAIL COMPLETED FORM AND FILING FEE TO ANY OKLAHOMA TAG AGENCY. COMPLETION AND FILING OF THIS FORM DOES NOT CONSTITUTE A TRANSFER OF TITLE. NOTICE TO BUYER(S) OKLAHOMA LAW REQUIRES TRANSFER OF TITLE WITHIN THIRTY (30) DAYS OF THE OWNERSHIP ASSIGNMENT DATE. TRANSFER MAY BE COMPLETED BY PRESENTING THE ASSIGNED CERTIFICATE OF TITLE AND PROPER REMITTANCE TO THE OKLAHOMA TAX COMMISSION OR ANY OKLAHOMA MOTOR LICENSE AGENT (TAG AGENT). A LISTING OF TAG AGENCY LOCATIONS AND CONTACT INFORMATION IS AVAILABLE IN THE MOTOR VEHICLE INFORMATION SECTION OF THE OKLAHOMA TAX COMMISSION WEB SITE AT WWW.TAX.OK.GOV. FAILURE BY THE NEW OWNER(S) TO APPLY FOR A TRANSFER OF TITLE WITHIN THIRTY (30) DAYS WILL RESULT IN DELINQUENT PENALTIES. NOTICE OF TRANSFER FILING FEE: $10.00 ARVEST® DAREL SKELTON 37602 S 4450 RD VINITA, OK 74301 May 9, 2025 Payment required for loan ending in: 3531 Pay by 05/29/2025 to cure default Dear Borrower, You're receiving this letter because your loan is past due or has matured and is in jeopardy of defaulting. • Collateral: 2014 RAM RAM 3500 3C63RRNL7EG142463 • VIN: 3C63RRNL7EG142463 • Amount due now: $2,671.88 • Last day for payment: 05/29/2025 If you pay $2,671.88 by 05/29/2025, this will cure the default and you may continue with the contract as though you were not late. If your loan has matured, please call (855) 267-1303 for final payoff. The amount due now is only good as of the date of this letter and will change daily. If payment isn’t made by 05/29/2025, we may exercise our rights under the law. If you voluntarily surrender possession of the specified collateral, you may still owe even after funds from the sale of the collateral is deducted from the total amount owed. Louisiana residents: Louisiana law permits the repossession of motor vehicles upon default without further notice or judicial process. If you have any questions, please contact us at (855) 267-1303, opt. 1 and we’ll be happy to help. Sincerely, Arvest Bank Consumer Department December 1, 2025 Sandberg Phoenix & von Gontard P.C. is a debt collector. We are trying to collect a debt that you owe to Arvest Bank, PO Box 799 Lowell, AR 72745. We will use any information you give us to help collect the debt. Our information shows: <table> <tr> <th> </th> <th></th> </tr> <tr> <td>You gave a Consumer Note secured by a vehicle to Arvest Bank with account number [redacted]3531.</td> <td></td> </tr> <tr> <td>As of July 9, 2025 you owed:</td> <td>$34,380.04</td> </tr> <tr> <td>Between July 9, 2025 and today:</td> <td></td> </tr> <tr> <td>You were charged this amount in interest:</td> <td>$0</td> </tr> <tr> <td>You were charged this amount in fees</td> <td>$158.16</td> </tr> <tr> <td>You paid or were credited this amount toward the debt:</td> <td>$0</td> </tr> <tr> <td>Total amount of the debt now:</td> <td>$35,538.20</td> </tr> </table> How can you dispute the debt? • Call or write to us by January 10, 2026, to dispute all or part of the debt. If you do not, we will assume that our information is correct. • If you write to us by January 10, 2026, we must stop collection on any amount you dispute until we send you information that shows you owe the debt. You may use the form below or write to us without the form. You may also include supporting documents. What else can you do? • Write to ask for the name and address of the original creditor, if different from the current creditor. If you write by January 10, 2026, we must stop collection until we send you that information. You may use the form below or write to us without the form. • Go to www.cfpb.gov/debt-collection to learn more about your rights under federal law. For instance, you have the right to stop or limit how we contact you. Notice: See reverse side for important information. Mail this form to: Sandberg Phoenix & von Gontard P.C. Sharon L. Stolte 4600 Madison Avenue, Suite 1000 Kansas City, MO 64112 Darel Skelton 37602 S. 4450 Rd. Vinita, OK 74301 How do you want to respond? Check all that apply: ☐ I want to dispute the debt because I think: This is not my debt. The amount is wrong. Other (please describe on reverse or attach additional information). ☐ I want you to send me the name and address of the original creditor. To the extent your obligation has been discharged or is subject to the automatic stay in a Bankruptcy proceeding, this notice is for informational purposes only and does not constitute a demand for payment or an attempt to collect indebtedness as your personal obligation.