American Bank of Oklahoma v. Eric Martin Wagner

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA AMERICAN BANK OF OKLAHOMA, Plaintiff, vs. ERIC MARTIN WAGNER, Defendant. Case No. DOUG DRUMMOND Judge: DISTRICT COURT PETITION Plaintiff, American Bank of Oklahoma, by and through its attorney of record, Garry M. Gaskins, II of Drummond Law, PLLC, respectfully submits this Petition and for its cause(s) of action against the Defendant, Eric Martin Wagner, alleges and states: 1. Plaintiff, American Bank of Oklahoma ("Lender"), is an Oklahoma banking corporation duly organized under the laws of the State of Oklahoma, and it was at all times hereinafter stated, authorized to transact business in the State of Oklahoma. 2. This Court has subject matter jurisdiction, this Court is the proper venue for this cause of action. First Cause of Action – Breach of Promissory Note 201058700 3. On or about the 31st day of July, 2014, the Defendant ("Borrower"), for good and valuable consideration, made, executed and delivered to Lender a written Promissory Note, Security Agreement and Truth-in-Lending Disclosures ("Note") promising and agreeing to pay the holder thereof the sum of $1,658,670.00, with interest thereon at the rate of 4.990% per annum, until paid in full. Attached as Exhibit A and incorporated in full is a true copy of the Note, the original of which is held and owned by Lender. 4. On July 31, 2014, Borrower executed the Note, by which Lender obtained a security interest in the following property, to wit: 2014 Princess Yachts America, Model V626, ID#VSC62119J314 (the “Collateral”). 5. On or about the 21st day of April, 2016, Borrower executed a Debt Modification Agreement (“Modification Agreement 1”) for the unpaid balance of $1,573,749.19, with interest thereon at the rate of 4.990% per annum, until paid in full. Attached as Exhibit B and incorporated in full is a true copy of the Modification Agreement 1, the original of which is held and owned by Lender. 6. On or about the 9th day of November, 2016, Borrower executed a Debt Modification Agreement (“Modification Agreement 2”) for the unpaid balance of $1,562,303.34, with interest thereon at the rate of 4.990% per annum, until paid in full. Attached as Exhibit C and incorporated in full is a true copy of the Modification Agreement 2, the original of which is held and owned by Lender. 7. On or about the 2nd day of February, 2017, Borrower executed a Debt Modification Agreement (“Modification Agreement 3”) for the unpaid balance of $1,562,303.34, with interest thereon at the rate of 4.990% per annum, until paid in full. Attached as Exhibit D and incorporated in full is a true copy of the Modification Agreement 3, the original of which is held and owned by Lender 8. On or about the 24th day of August, 2018, Borrower for good and valuable consideration, made, executed and delivered to Lender a written Promissory Note, Security Agreement and Truth-in-Lending Disclosures (“Refinanced Note”) refinancing the remaining balance of the Note promising and agreeing to pay the holder thereof the sum of $1,278,238.09, with interest thereon at the rate of 4.990% per annum, until paid in full. Attached as Exhibit E and incorporated in full is a true copy of the Refinanced Note, the original of which is held and owned by Lender. 9. On September 6, 2018, Borrower executed the Refinanced Note, by which Lender obtained a security interest in the following property, to wit: **2015 CRS VS 42's Vessel (VIN #CRT54226B515)** (the "Collateral"). *See Exhibit E* 10. On or about the 24th day of August, 2018, Borrower executed a Debt Modification Agreement on the Refinanced Note ("Modification Agreement 4") for the unpaid balance of $1,243,650.08, with interest thereon at the rate of 4.990% per annum, until paid in full. Attached as Exhibit F and incorporated in full is a true copy of the Modification Agreement 4, the original of which is held and owned by Lender. 11. On or about the 15th day of August, 2019, Borrower executed a Debt Modification Agreement ("Modification Agreement 5") for the unpaid balance of $1,257,491.18, with interest thereon at the rate of 5.490% per annum, until paid in full. Attached as Exhibit G and incorporated in full is a true copy of the Modification Agreement 5, the original of which is held and owned by Lender. 12. On or about the 19th day of November, 2021, Borrower executed a Debt Modification Agreement ("Modification Agreement 6") for the unpaid balance of $1,135,695.17, with interest thereon at the rate of 5.490% per annum, until paid in full. Attached as Exhibit H and incorporated in full is a true copy of the Modification Agreement 6, the original of which is held and owned by Lender. 13. On or about the 25th day of October, 2022, Borrower executed a Debt Modification Agreement ("Modification Agreement 7") for the unpaid balance of $1,134,819.80, with interest thereon at the rate of 7.500% per annum, until paid in full. Attached as Exhibit I and incorporated in full is a true copy of the Modification Agreement 7, the original of which is held and owned by Lender. 14. Lender allowed the sale of the Collateral and applied the payment as a principal reduction to the Refinanced Note. There was a deficiency balance of $680,645.95 after the sale of the Collateral. 15. Borrower has failed to make monthly payments as required by the Refinanced Note. Therefore, Defendant is in default. 16. Lender fully complied with the Refinanced Note, gave all required notices of the default, and demanded payment; however, the Refinanced Note remains unpaid. As permitted by the Refinanced Note, Lender elected to accelerate and declared the entire balance due and payable, together with interest thereon. The entire amount owed on the Refinanced Note is due and payable. 17. There is now due on the Refinanced Note, the principal sum of $680,645.95, plus accrued interest in the sum of $97,906.25 as of December 6, 2024, and accruing thereafter at the rate of $134.96 per diem, plus interest and late fees of $18,732.41, plus the costs of this suit and of collection and reasonable attorneys’ fees, all provided for by the Note and Oklahoma. 18. Demand for payment has been made by Lender. However, Borrower continues to refuse and fail to pay the amounts set forth above owed on the Refinanced Note. 19. Lender has employed the below law firm to collect the amount of debt, together with any other costs and expenses allowed under the Note. Pursuant to Title 15 U.S.C.A. §1692(g), Fair Debt Collection Practices Act, if applicable, unless the person or entity responsible for the payment of the above debt, within thirty (30) days after receipt of this notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid; and if said person or entity notifies the undersigned attorney for Plaintiff in writing within said thirty (30) day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debt and a copy of such verification will be mailed to said person or entity by the undersigned attorney for Plaintiff; and upon written request by you within the thirty (30) day period, the undersigned attorney for Plaintiff will provide the name and address of the original creditor, if different from the current creditor. This action is in compliance with any applicable portion of the Fair Debt Collection Practices Act. **This is an attempt to collect a debt and any information obtained will be used for that purpose.** 20. WHEREFORE, premises considered, Plaintiff American Bank of Oklahoma, respectfully requests that this Court grant judgment in its favor against Defendant Eric Martin Wagner on the Refinanced Note in the principal sum of $680,645.95, plus accrued interest in the amount of $97,906.25 as of December 6, 2024, and accruing thereafter at the rate of $134.96 per diem, until paid, interest and late fees in the amount of $18,732.41, plus the costs of this suit and of collection and reasonable attorneys’ fees, and for such other and further relief as may be just and equitable. **Second Cause of Action – Breach of Promissory Note 201371500** 21. On or about the 7th day of November, 2022, the Defendant, Eric Martin Wagner ("Borrower"), for good and valuable consideration, made, executed and delivered to Lender a written Promissory Note, Security Agreement and Truth-In Lending Disclosures ("Note 201371500") promising and agreeing to pay the holder thereof the sum of $17,919.27, with interest thereon at the rate of 18.490% per annum, until paid in full. Attached as Exhibit J and incorporated in full is a true copy of the Note 201371500, the original of which is held and owned by Lender. 22. On November 8, 2022, Borrower executed Note 201371500, by which Lender obtained a security interest in the following property, to-wit: 2012 Polaris RGR, Model R12V (VIN 4XAVE76AXCF666727) 2012 Polaris RGR, Model R12V (VIN 4XAVE76A9CF666637) 2013 Polaris OR, Model R12BBV (VIN RF3VA17A0DTO26933) ("the Collateral"). See Exhibit J. 23. Lender properly secured interest in the Collateral by filing liens. See Exhibit J. 24. Borrower has failed to make monthly payments as required by Note 201371500. 25. Lender fully complied with Note 201371500, gave all required notices of the default, and demanded payment; however, Note 201371500 remains unpaid. As permitted by the Note, Lender elected to accelerate and declared the entire balance due and payable, together with interest thereon. The entire amount owed on Note 201371500 is due and payable. 26. There is now due on Note 201371500, the principal sum of $12,682.16, plus accrued interest in the sum of $1,117.87 as of December 5, 2024, and accruing thereafter at the rate of $6.42 per diem, plus the costs of this suit and of collection and reasonable attorneys’ fees, all provided for by Note 201371500 and Oklahoma law. 27. Demand for payment has been made by Lender. However, Borrower continues to refuse and fail to pay the amount set forth above owed on Note 201371500. Third Cause of Action - Replevin 28. All previous allegations are incorporated herein. 29. As shown above, the Note is in default, and Lender accelerated all indebtedness due and owing under the Note. 30. Lender believes that Borrower is in actual or constructive possession of the Collateral, and that possession is subject to the rights of Lender. Lender demanded possession of the Collateral, but Borrower refused and failed to deliver or relinquish possession of the Collateral to Lender or otherwise comply. Due to the default, Lender has a special ownership interest in and to the above-described Collateral and is entitled to immediate possession by virtue of the Note. The Borrower is wrongfully detaining the Collateral. 31. The Collateral has not been taken in execution of any order or judgment, or for the payment of any tax, fine, or amercement assessed, or by virtue of an Order of Delivery issued under Chapter 31 of Title 12 of the Oklahoma Statues, or by any other means of final process issued against Defendant, or if taken in execution of any order or judgment it is exempt by law. 32. Lender believes that Borrower may attempt to conceal, damage or destroy the Collateral or any part thereof, or may potentially remove the Collateral from the state or country, and Lender will thereby suffer irreparable harm. Lender is without adequate remedy at law to prevent such harm or injury. 33. The Borrower may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Collateral; however, any right, title, or interest claimed is subordinate and inferior to the security interest of Lender, and Lender requests that Borrower be summoned and required to set up any right, title, or interest claimed in the Collateral or be forever barred from claiming any right in the Collateral. WHEREFORE, premises considered, Plaintiff American Bank of Oklahoma, respectfully requests that this Court grant judgment in its favor on the First Cause of Action against Defendant Eric Martin Wagner on the Refinanced Note in the principal sum of $680,645.95, plus accrued interest in the amount of $97,906.25 as of December 6, 2024, and accruing thereafter at the rate of $134.96 per diem, until paid, interest and late fees in the amount of $18,732.41, plus the costs of this suit and of collection and reasonable attorneys’ fees, and for such other and further relief as may be just and equitable; FURTHER, premises considered, Plaintiff, American Bank of Oklahoma, respectfully requests that this Court grant judgment in its favor on the Second Cause of Action against the Defendant Eric Martin Wagner on the Note in the principal sum of $12,682.16, plus accrued interest in the sum of $1,117.87 as of December 5, 2024, and accruing thereafter at the rate of $6.42 per diem, plus the costs of this suit and of collection and a reasonable attorneys’ fee, and for such other and further relief as may be just and equitable; FURTHER, premises considered, Plaintiff, American Bank of Oklahoma, respectfully requests that this Court grant judgment in its favor on the Third Cause of Action against the Defendant Eric Martin Wagner. Lender requests that this Court decree that Lender’s interest in the Collateral is senior to the interest of the Defendant and any junior lien holder, if any, and authorizing the replevin and sale of the Collateral at public or private sale in Lender’s discretion and that upon confirmation of the sale of the Collateral, the Defendant herein, and all persons claiming by, through or under it and them since the commencement of this action, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate, in and to the Collateral or any part thereof; FURTHER, premises considered, Plaintiff, American Bank of Oklahoma, respectfully requests costs of this suit and of collection and reasonable attorneys’ fees, and for such other and further relief as may be just and equitable. Respectfully Submitted, By: Garry M. Gaskins, II, OBA #20212 Emilee Kula, OBA #36173 DRUMMOND LAW, PLLC 320 S. Boulder Ave., Suite 300 Tulsa, Oklahoma 74103 (918) 749-7378 – Telephone (918) 749-7869 – Facsimile Attorneys for Plaintiff, American Bank of Oklahoma American BANK OF OKLAHOMA LOAN NUMBER 201607080 NOTE AMOUNT $1,658,670.00 LOAN NAME Eric M Wagner ACCT. NUMBER INDEX (w/Margin) Not Applicable NOTE DATE 07/31/14 INITIALS [signature] RATE 4.990% MATURITY DATE 07/31/19 LOAN PURPOSE Consumer Creditors Use Only PROMISSORY NOTE, SECURITY AGREEMENT AND TRUTH-IN-LENDING DISCLOSURES (Consumer - Closed End) DATE AND PARTIES: The date of this Promissory Note, Security Agreement and Truth-In-Lending Disclosures (Loan Agreement) is July 31, 2014. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 56 Collinsville, OK 74021 Telephone: (918) 371-7300 BORROWER: ERIC M WAGNER 11426 S Louisville Pl. Tulsa, OK 74133 The pronouns "I," "me," and "my" refer to each Borrower signing this Loan Agreement individually and together. "You" and "Your" refer to the Lender. Loan Documents refer to all the documents executed as a part of or in connection with the Loan. Property means any property, real, personal or intangible, that secures my performance of the obligations of this Loan Agreement. Rates and rate change limitations are expressed as annualized percentages. All dollar amounts will be payable in lawful money of the United States of America. <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>AMOUNT FINANCED</th> <th>TOTAL OF PAYMENTS</th> </tr> <tr> <td>The cost of my credit as a yearly rate.<br>4.996%</td> <td>The dollar amount the credit will cost me.<br>$301,978.78</td> <td>The amount of credit provided to me or on my behalf.<br>$1,658,495.00</td> <td>The amount I will have paid when I have made all scheduled payments.<br>$2,040,474.78</td> </tr> </table> Payment Schedule. My payment schedule will be: Number of Payments | Amount of Payments | When Payments Are Due 59 | $10,940.81 | Monthly beginning August 31, 2014 1 | $1,394,968.99 | July 31, 2019 Security. I am giving a security interest in: Boat (State Titled/Non-Residence) Filing Fees. File Fee: $495.00. Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $22.50. Prepayment. If I pay off early, I will not have to pay a penalty. Assumption. Someone buying the Property securing the obligation cannot assume the remainder of the obligation on the original terms. Contract Documents. I will see my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. 1. PROMISE TO PAY. For value received, I promise to pay you or your order the principal sum of $1,658,670.00 (Principal) plus interest at the rate of 4.990 percent (Interest Rate) from July 31, 2014 on the unpaid Principal balance until this Loan Agreement matures or this obligation is accelerated. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Loan Agreement at the Interest Rate in effect from time to time, until paid in full. Any amount assessed or collected as interest under the terms of this Loan Agreement will be limited to the maximum lawful amount of interest allowed by state or federal law whichever is greater. Amounts collected in excess of the maximum lawful amount will be applied first to the unpaid Principal balance. Any remainder will be refunded to me. Interest accrues using an Actual/365 days counting method. 2. ADDITIONAL CHARGES. As additional consideration, I agree to pay, or have paid, these additional fees and charges. A. Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay this Loan Agreement before the scheduled maturity date. Document Preparation. A(n) Document Preparation fee of $175.00 payable from the loan proceeds. Filing. A(n) Filing fee of $495.00 payable from the loan proceeds. 3. REMEDIAL CHARGES. In addition to Interest or other finance charges, I agree that I will pay these additional fees based on my method and pattern of payment. Additional remedial charges may be described elsewhere in this Loan Agreement. A. Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $22.50. I will pay this late charge promptly but only once for each late payment. 4. PAYMENT. I agree to pay this Loan Agreement in 60 payments. This Loan Agreement is amortized over 240 payments. I will make 59 payments of $10,940.81 beginning on August 31, 2014, and on the last day of each month thereafter. A single "balloon payment" of the entire unpaid balance of Principal and interest will be due July 31, 2019. You will deliver or mail to me notice prior to maturity that the balloon payment is due. This notice will state the balloon payment amount and the date that it is due. Payments will be rounded to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. Each payment I make on this Loan Agreement will be applied first to Interest that is due, then to principal that is due, and finally to late charges that are due. No late charge will be assessed on any payment when the only delinquency is due to late fees assessed on earlier payments and the payment is otherwise a full payment. You may change how payments are applied in your sole discretion without notice to me. The actual amount of my final payment will depend on my payment record. 5. PREPAYMENT. I may prepay this Loan Agreement in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 6. LOAN PURPOSE. The purpose of this Loan is Purchase 2014 Princess V-62S. 7. SECURITY. The Loan is secured by Property described in the SECURITY AGREEMENT section of this Loan Agreement. 8. SECURITY AGREEMENT. A. Secured Debts. This Security Agreement will secure the following debts (Secured Debts), together with all extensions, renewals, refinancings, modifications and replacements of these debts: (1) Sums Advanced under the terms of this Loan Agreement. All sums advanced and expenses incurred by you under the terms of this Loan Agreement. B. Security Interest. To secure the payment and performance of the Secured Debts, I grant you a security interest in all of the Property described in this Security Agreement that I own or have sufficient rights in which to transfer an interest now or in the future, wherever the Property is or will be located, and all proceeds and products from the Property (including, but not limited to, all parts, accessories, repairs, replacements, improvements, and accessions to the Property). Property is all the collateral taken as security for the Secured Debts as described in this Security Agreement, and includes all obligations that support the payment or performance of the Property. "Proceeds" includes cash proceeds, non-cash proceeds and anything acquired upon the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising from the Property; and any collections and distributions on account of the Property. Property also includes any original evidence of title or ownership whether evidenced by a certificate of title or ownership, a manufacturer's statement of origin or other document when the Property is titled under any federal or state law. I will deliver the title documents and properly execute all title documents as necessary to reflect your security interest. This Security Agreement remains in effect until terminated in writing, even if the Secured Debts are paid and you are no longer obligated to advance funds to me under any loan or credit agreement. C. Property Description. The Property subject to this Security Agreement is described as follows: (1) Boat, Hull Identification No.: VSC82119J314, Manufacturer: Princess Yachts America, Year Built: 2014, Model: V-62S, Vessel Length: 62 feet, 8 inches. D. Duties Toward Property. (1) Protection of Secured Party's Interest. I will defend the Property against any other claim. I agree to do whatever you require to protect your security interest and to keep your claim in the Property ahead of the claims of other creditors. I will not do anything to harm your position. (2) Use, Location, and Protection of the Property. I will use the Property only for personal, family, or household purposes. I will not use the Property in violation of any law. I will keep the Property in my possession at my address. I will notify you in writing and obtain your prior written consent to any change in location of any of the Property. I will immediately inform you of any loss or damage to the Property. I will not cause or permit waste to the Property. Until this Security Agreement is terminated, I will not grant a security interest in, or otherwise encumber, any of the Property without your prior written consent. I will pay all taxes and assessments levied or assessed against me or the Property and provide timely proof of payment of those taxes and assessments upon request. (3) Additional Duties Specific to Boats. I will maintain the Boat portion of the Property in good repair and seaworthy condition and I will comply with all applicable laws and regulations regarding periodic inspections, maintenance, condition, use and operation of the Boat. The boat portion of the Property will be located at: 11426 S Louisville Pl., Tulsa, Oklahoma 74133. So long as I am not in default under this Agreement, the Boat portion of the Property will not be restricted to a specific location and may be moved as necessary during ordinary use. However, the Boat may not be removed from the United States or Canada without your prior written consent, nor taken out of state permanently. E. Authority To Perform. I authorize you to do anything you deem reasonably necessary to protect the Property and your security interest in the Property. If I fail to perform any of my duties under this Loan Agreement, you are authorized, without notice to me, to perform the duties or cause them to be performed. You are authorized, but are not limited, to: pay and discharge taxes, liens, security interests and other encumbrances at any time levied or placed on the Property; pay any rent or other charges under any lease affecting the Property; order and pay for the repair, maintenance and preservation of the Property; file any financing statements on my behalf and pay for filing and recordation fees; release the Property; replace a note on any chattel paper indicating your interest in the Property; take any action you feel necessary to realize on the Property, including performing any part of a contract or endorsing it in my name; handle any suits or other proceedings involving the Property in my name. If you perform for me, you will use reasonable care. F. Name and Location. My name indicated in the DATE AND PARTIES section is my exact legal name. I am located at the address indicated in the DATE AND PARTIES section. I will provide verification of registration and location upon your request. I will provide you with at least 30 days notice prior to any change in my name, address, or state of organization or registration. G. Perfection of Security Interest. I authorize you to file a financing statement and/or security agreement, as appropriate, covering the Property. I will comply with, facilitate, and otherwise assist you in connection with obtaining perfection or control over the Property for purposes of perfecting your security interest under the Uniform Commercial Code. I agree to pay all actual costs of terminating your security Interest. 9. DEFAULT. I will be in default if any of the following events (known separately and collectively as an Event of Default) occur: A. Payments and Performance. I fail to make a payment when due or perform any condition or keep any promise or covenant of this or any agreement I have made with you. B. Insolvency or Bankruptcy. I become insolvent or declare bankruptcy. C. Death or Incapacity. I die or am declared legally incompetent. 10. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Loan Agreement to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law, as applicable. 11. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. In addition, I, to the extent permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on these actions or based on the status of a party to this Loan Agreement. You may renew or extend payments on this Loan Agreement, regardless of the number of such renewals or extensions. You may release any Borrower, endorser, guarantor, surety, accommodation maker, any other co-signer. You may release, substitute or impair any Property securing this Loan Agreement. You, or any invitee participating in this Loan Agreement, may invoke your right of set-off. You may enter into any sales, repurchases or participations of this Loan Agreement or any amount in my amounts and I waive notice of such sales, repurchases or participations. I agree that any of the foregoing agreements or agreements of a Borrower is authorized to modify the terms of this Loan Agreement or any Instrument securing, guaranteeing or relating to this Loan Agreement. Except to the extent prohibited by law, I waive all claims for loss or damage caused by your acts or omissions where you acted reasonably and in good faith. 12. REMEDIES. After I default, and after you give any legally required notice and opportunity to cure the default, you may at your option do any one or more of the following. A. Acceleration. You may make all or any part of the amount owing by the terms of this Loan Agreement immediately due. B. Sources. You may use any and all remedies you have under state or federal law or in any Loan Document. C. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on my default. D. Payments Made On My Behalf. Amounts advanced on my behalf will be immediately due and may be added to the balance owing under the terms of this Loan Agreement, and accrue interest at the highest post-maturity interest rate. E. Attachment. You may attach or garnish my wages or earnings. F. Set-Off. You may set off any amount due and payable under the terms of this Loan Agreement against my right to receive money from you, unless prohibited by applicable law. G. Repossession. You may require me to gather and make the Property available to you. You may repossess the Property so long as the repossession does not involve a breach of the peace. You may sell, lease or otherwise dispose of the Property as provided by law. You may apply what you receive from the disposition of the Property to your expenses, your attorneys' fees and legal expenses (where not prohibited by law), and any debt I owe you. If what you receive from the disposition of the Property does not satisfy the debt, I will be liable for the deficiency (where permitted by law). In some cases, you may keep the Property to satisfy the debt. Where a notice is required, I agree that ten days prior written notice sent by first class mail to my address listed in this Loan Agreement will be reasonable notice to me under the Oklahoma Uniform Commercial Code. H. Use and Operation. You may enter upon my premises and take possession of all or any part of my property for the purpose of preserving the Property or its value, so long as you do not breach the peace. You may use and operate my property for the length of time you feel is necessary to protect your interest, all without payment or compensation to me. I. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues or occurs again. 13. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event of Default, to the extent permitted by law, I agree to pay all expenses of collection, enforcement or protection of your rights and remedies under this Loan Agreement or any other Loan Document. Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of this Loan Agreement. All fees and expenses will be secured by the Property I have granted to you, if any. In addition, to the extent permitted by the United States Bankruptcy Code, I agree to pay the reasonable attorneys' fees incurred by you to protect your rights and interests in connection with any Bankruptcy proceedings initiated by or against me. 14. COMMISSIONS. I understand and agree that you (or your affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other services that I buy through you or your affiliate. 15. WARRANTIES AND REPRESENTATIONS. I have the right and authority to enter into this Loan Agreement. The execution and delivery of this Loan Agreement will not violate any agreement governing me or to which I am a party. 16. INSURANCE. I agree to obtain the insurance described in this Loan Agreement. A. Property Insurance. I agree to keep the Property insured against the risks reasonably associated with the Property. In addition, I will procure and maintain hull and liability insurance on the Boat portion of the Property. This policy must be written under the standard "all risks" form. I will maintain this insurance in the amounts you require. This insurance will last until the Property is released from this Loan Agreement. I may choose the insurance company, subject to your approval, which will not be unreasonably withheld. I will have the insurance company name you as loss payee on any insurance policy. I will give you and the insurance company immediate notice of any loss. You may apply the insurance proceeds toward what is owed on the Secured Debts. You may require added security as a condition of permitting any insurance proceeds to be used to repair or replace the Property. If you acquire the Property in damaged condition, my right to any insurance policies and proceeds will pass to you to the extent of the Secured Debts. I will immediately notify you of cancellation or termination of insurance. If I fail to keep the Property Insured, you may obtain insurance to protect your interest in the Property and I will pay for the Insurance on your demand. You may demand that I pay for the insurance all at once, or you may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance may include coverages not originally required of me, may be written by a company other than one I would choose, and may be written at a higher rate than I could obtain if I purchased the insurance. I acknowledge and agree that you or one of your affiliates may receive commissions on the purchase of this insurance. 17. GENERAL PROVISIONS. If two or more Borrowers sign this Loan Agreement, we are liable to repay jointly and severally. This Loan Agreement is the complete and final expression of the agreement and may not be amended or modified by oral agreement. If any provision of this Loan Agreement is unenforceable, then the unenforceable provision will be severed and the remaining provisions will be enforceable. No present or future agreement securing any other debt I owe you will secure the payment of this Loan. If, with respect to this loan, you fail to fulfill any necessary requirements or conform to any limitations of Regulations Z and X that are required for loans secured by the Property or if, as a result, this Loan would become subject to Section 870 of the John Warner National Defense Authorization Act for Fiscal Year 2007. This Loan Agreement is governed by the laws of Oklahoma, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail. Notice to one Borrower will be deemed to be notice to all Borrowers. I will inform you in writing of any change in my name, address or other application information. I will provide you any correct and complete financial statements or other information you request. I agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Loan and to confirm your lien status on any Property. Time is of the essence. I agree to supply you with whatever information you reasonably request. You will make requests for this information without undue frequency, and will give me reasonable time in which to supply the information. 18. ERRORS AND OMISSIONS. I agree, if requested by you, to fully cooperate in the correction, if necessary, in the reasonable discretion of you of any and all loan closing documents so that all documents accurately describe the loan between you and me. I agree to assume all costs including by way of illustration and not limitation, actual expenses, legal fees and marketing losses for failing to reasonably comply with your requests within thirty (30) days. ITEMIZATION OF AMOUNT FINANCED NOTE AMOUNT $1,658,870.00 Amount given to me directly $0.00 Amount paid on my account $0.00 Amount paid to Lender for: Prepaid finance charge paid to Lender $175.00 Document Preparation $175.00 Total prepaid finance charge amount paid to Lender $175.00 Amount paid to others on my behalf *: Lake of the Ozarks Marine Documentation $495.00 Viking Sport Cruisers $1,658,000.00 LEBS: PREPAID FINANCE CHARGE $175.00 AMOUNT FINANCED $1,658,495.00 *Lender may retain or receive portions of these amounts. 19. SIGNATURES. By signing, I agree to the terms contained in this Loan Agreement. I also acknowledge receipt of a copy of this Loan Agreement. BORROWER: Eric M Wagner Individually Date 7/31/14 LENDER: American Bank of Oklahoma Joe A. London, President /CEO Date 7/31/14 <table> <tr> <th>PRIOR OBLIGATION INFORMATION</th> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>NOTE AMOUNT</th> <th>MATURITY DATE</th> </tr> <tr> <td></td> <td>201058700</td> <td></td> <td>07/31/14</td> <td>$1,658,670.00</td> <td>07/31/19</td> </tr> <tr> <th>AMENDED OBLIGATION INFORMATION</th> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>MODIFICATION DATE</th> <th>NOTE AMOUNT</th> <th></th> </tr> <tr> <td></td> <td>201058700</td> <td></td> <td>April 21, 2016</td> <td>$1,573,749.19</td> <td></td> </tr> <tr> <td></td> <td>MATURITY DATE</td> <td>INDEX (w/margin)</td> <td>INTEREST RATE</td> <td>INITIALS</td> <td></td> </tr> <tr> <td></td> <td>10/30/16</td> <td>Not Applicable</td> <td>4.990%</td> <td>JAL</td> <td></td> </tr> </table> DEBT MODIFICATION AGREEMENT DATE AND PARTIES. The date of this Debt Modification Agreement (Modification) is April 21, 2016. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 66 Collinsville, OK 74021 Telephone: (918) 371-7300 BORROWER: ERIC M WAGNER 11426 S Louisville Pl. Tulsa, OK 74133 1. DEFINITIONS. In this Modification, these terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Modification, individually and together with their heirs, executors, administrators, successors, and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Loan. "You" and "your" refer to the Lender, with its participants or syndicators, successors and assigns, or any person or entity that acquires an interest in the Modification or the Prior Obligation. B. Amended Obligation. Amended Obligation is the resulting agreement that is created when the Modification amends the Prior Obligation. It is described above in the AMENDED OBLIGATION INFORMATION section. C. Loan. Loan refers to this transaction generally. It includes the obligations and duties arising from the terms of all documents prepared or submitted in association with the Prior Obligation and this modification, such as applications, security agreements, disclosures, notes, agreements, and this Modification. D. Modification. Modification refers to this Debt Modification Agreement. E. Prior Obligation. Prior Obligation refers to my original agreement described above in the PRIOR OBLIGATION INFORMATION section, and any subsequent extensions, renewals, modifications or substitutions of it. 2. BACKGROUND. You and I have previously entered into a Prior Obligation. As of the date of this Modification, the outstanding, unpaid balance of the Prior Obligation is $1,573,749.19. Conditions have changed since the execution of the Prior Obligation instruments. In response, and for value received, you and I agree to modify the terms of the Prior Obligation, as provided for in this Modification. 3. CONTINUATION OF TERMS. I agree and understand that all other terms and provisions in the Prior Obligation survive and continue in full force and effect, except to the extent that they are specifically and expressly amended by this Modification. The express amendment of a term does not amend related or other terms - even if the related or other terms are contained in the same section or paragraph of the Prior Obligation. For illustration purposes only, a modification of the interest rate to be paid during the term of the loan would not modify the default rate of interest even though both of those terms are described in the Prior Obligation in a common section titled "Interest". The term "Prior Obligation" includes the original instrument and any modifications prior to this Modification. 4. TERMS. The Prior Obligation is modified as follows: A. Maturity and Payments. The maturity and payment provisions are modified to read: (1) PAYMENT. I agree to pay the Loan in 6 payments. The Loan is amortized over 300 payments. I will make 5 payments of $9,205.03 beginning on May 30, 2016, and on the 30th day of each month thereafter. A single "balloon payment" of the entire unpaid balance of Principal and interest will be due October 30, 2016. You will deliver or mail to me notice prior to maturity that the balloon payment is due. This notice will state the balloon payment amount and the date that it is due. Payments will be rounded down to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. B. Fees and Charges. As additional consideration for your consent to enter into this Modification, I agree to pay, or have paid these additional fees and charges: (1) Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay the Loan before the scheduled maturity date. Document Preparation. A(n) Document Preparation fee of $223.50 payable from separate funds on or before today's date. (2) Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $22.50. I will pay this late charge promptly but only once for each late payment. 5. NOT A REFINANCING. This Modification modifies the Loan. It is not a new loan. It is not a pay off, replacement, substitution or refinancing of the Loan. 6. WAIVER. Except to the extent prohibited by law, I waive all claims, defenses, setoffs, or counterclaims relating to the Prior Obligation, or any document securing the Prior Obligation, that I may have. Any party to the Prior Obligation that does not sign this Modification, shall remain liable under the terms of the Prior Obligation unless released in writing by you. 7. REASON(S) FOR MODIFICATION. Changing term from 60 monthly payments of $10,940.81 to 6 monthly payments amortized over 300 payments. Changing maturity date from 07/31/2019 to 10/30/2016. 8. ADDITIONAL TERMS. Interest Due: $4,738.02 9. SIGNATURES. By signing, I agree to the terms contained in this Modification. I also acknowledge receipt of a copy of this Modification. BORROWER: [Signature] Eric M Wagner Date 4/21/10 LENDER: American Bank of Oklahoma By [Signature] Joe A. Lanham, President / CEO Date 4/21/16 <table> <tr> <th>PRIOR OBLIGATION INFORMATION</th> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>NOTE AMOUNT</th> <th>MATURITY DATE</th> </tr> <tr> <td></td> <td>201058700</td> <td></td> <td>07/31/14</td> <td>$1,658,670.00</td> <td>Prior 10/30/18</td> </tr> <tr> <th>AMENDED OBLIGATION INFORMATION</th> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>MODIFICATION DATE</th> <th>NOTE AMOUNT</th> </tr> <tr> <td></td> <td>201058700</td> <td></td> <td>11/09/2016</td> <td>$1,562,303.34</td> </tr> <tr> <td></td> <td>MATURITY DATE</td> <td>INDEX (w/margin)</td> <td>INTEREST RATE</td> <td>INITIALS</td> </tr> <tr> <td></td> <td>01/31/17</td> <td>Not Applicable</td> <td>4.990%</td> <td>JAL</td> </tr> </table> Creditor Use Only DEBT MODIFICATION AGREEMENT DATE AND PARTIES. The date of this Debt Modification Agreement (Modification) is 11/09/2016. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 66 Collinsville, OK 74021 Telephone: (918) 371-7300 BORROWER: ERIC M WAGNER 11426 S Louisville Pl. Tulsa, OK 74133 1. DEFINITIONS. In this Modification, these terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Modification, individually and together with their heirs, executors, administrators, successors, and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Loan. "You" and "your" refer to the Lender, with its participants or syndicators, successors and assigns, or any person or entity that acquires an interest in the Modification or the Prior Obligation. B. Amended Obligation. Amended Obligation is the resulting agreement that is created when the Modification amends the Prior Obligation. It is described above in the AMENDED OBLIGATION INFORMATION section. C. Loan. Loan refers to this transaction generally. It includes the obligations and duties arising from the terms of all documents prepared or submitted in association with the Prior Obligation and this modification, such as applications, security agreements, disclosures, notes, agreements, and this Modification. D. Modification. Modification refers to this Debt Modification Agreement. E. Prior Obligation. Prior Obligation refers to my original agreement described above in the PRIOR OBLIGATION INFORMATION section, and any subsequent extensions, renewals, modifications or substitutions of it. 2. BACKGROUND. You and I have previously entered into a Prior Obligation. As of the date of this Modification, the outstanding, unpaid balance of the Prior Obligation is $1,562,303.34. Conditions have changed since the execution of the Prior Obligation instruments. In response, and for value received, you and I agree to modify the terms of the Prior Obligation, as provided for in this Modification. 3. CONTINUATION OF TERMS. I agree and understand that all other terms and provisions in the Prior Obligation survive and continue in full force and effect, except to the extent that they are specifically and expressly amended by this Modification. The express amendment of a term does not amend related or other terms - even if the related or other terms are contained in the same section or paragraph of the Prior Obligation. For illustration purposes only, a modification of the interest rate to be paid during the term of the loan would not modify the default rate of interest even though both of those terms are described in the Prior Obligation in a common section titled "Interest". The term "Prior Obligation" includes the original instrument and any modifications prior to this Modification. 4. TERMS. The Prior Obligation is modified as follows: A. Maturity and Payments. The maturity and payment provisions are modified to read: (1) PAYMENT. I agree to pay the Loan in installments of accrued interest beginning November 30, 2016, and then on the last day of each month thereafter. I agree to pay the entire unpaid Principal and any accrued but unpaid interest on January 31, 2017. Payments will be rounded down to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. B. Fees and Charges. As additional consideration for your consent to enter into this Modification, I agree to pay, or have paid these additional fees and charges: (1) Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay the Loan before the scheduled maturity date. Document Preparation. A(n) Document Preparation fee of $223.50 payable from separate funds on or before today's date. (2) Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $22.50. I will pay this late charge promptly but only once for each late payment. 5. NOT A REFINANCING. This Modification modifies the Loan. It is not a new loan. It is not a payoff, replacement, substitution or refinancing of the Loan. 6. WAIVER. Except to the extent prohibited by law, I waive all claims, defenses, setoffs, or counterclaims relating to the Prior Obligation, or any document securing the Prior Obligation, that I may have. Any party to the Prior Obligation that does not sign this Modification, shall remain liable under the terms of the Prior Obligation unless released in writing by you. 7. REASON(S) FOR MODIFICATION. Extending maturity date from 10/30/2016 to 01/30/2017, changing from monthly principal and interest to interest only payments beginning on 11/31/2016. 8. ADDITIONAL TERMS. Interest Due: $5,707.19; Late Fees: $22.50 9. SIGNATURES. By signing, I agree to the terms contained in this Modification. I also acknowledge receipt of a copy of this Modification. BORROWER: Eric M Wagner Date 11-9-16 LENDER: American Bank of Oklahoma By Joe A. Landop, President / CEO Date 11/9/16 <table> <tr> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>NOTE AMOUNT</th> <th>MATURITY DATE</th> </tr> <tr> <th>Prior Obligation Information</th> <td>201058700</td> <td>07/31/14</td> <td>$1,658,670.00</td> <td>01/31/17</td> </tr> <tr> <th rowspan="2">Amended Obligation Information</th> <td>201058700</td> <td>02/02/2017</td> <td>$1,562,303.34</td> <td></td> </tr> <tr> <td>Maturity Date</td> <td>INDEX (w/margin)</td> <td>Interest Rate</td> <td>Initials</td> </tr> <tr> <td>07/31/19</td> <td>Not Applicable</td> <td>4.990%</td> <td>JAL</td> </tr> <tr> <td colspan="5">Creditor Use Only</td> </tr> </table> DEBT MODIFICATION AGREEMENT DATE AND PARTIES. The date of this Debt Modification Agreement (Modification) is 02/02/2017. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 86 Collinsville, OK 74021 Telephone: (918) 371-7300 BORROWER: ERIC M WAGNER 11426 S Louisville Pl. Tulsa, OK 74133 DEFINITIONS. In this Modification, these terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Modification, individually and together with their heirs, executors, administrators, successors, and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Loan. "You" and "your" refer to the Lender, with its participants or syndicators, successors and assigns, or any person or entity that acquires an interest in the Modification or the Prior Obligation. B. Amended Obligation. Amended Obligation is the resulting agreement that is created when the Modification amends the Prior Obligation. It is described above in the AMENDED OBLIGATION INFORMATION section. C. Loan. Loan refers to this transaction generally. It includes the obligations and duties arising from the terms of all documents prepared or submitted in association with the Prior Obligation and this modification, such as applications, security agreements, disclosures; notes, agreements, and this Modification. D. Modification. Modification refers to this Debt Modification Agreement. E. Prior Obligation. Prior Obligation refers to my original agreement described above in the PRIOR OBLIGATION INFORMATION section, and any subsequent extensions, renewals, modifications or substitutions of it. BACKGROUND. You and I have previously entered into a Prior Obligation. As of the date of this Modification, the outstanding, unpaid balance of the Prior Obligation is $1,562,303.34. Conditions have changed since the execution of the Prior Obligation Instruments. In response, and for value received, you and I agree to modify the terms of the Prior Obligation, as provided for in this Modification. I. CONTINUATION OF TERMS. I agree and understand that all other terms and provisions in the Prior Obligation survive and continue in full force and effect, except to the extent that they are specifically and expressly amended by this Modification. The express amendment of a term does not amend related or other terms - even if the related or other terms are contained in the same section or paragraph of the Prior Obligation. For illustration purposes only, a modification of he interest rate to be paid during the term of the loan would not modify the default rate of interest even though both of those terms are described in the Prior obligation in a common section titled "Interest". The term "Prior Obligation" includes the original instrument and any modifications prior to this Modification. I. TERMS. The Prior Obligation is modified as follows: A. Maturity and Payments. The maturity and payment provisions are modified to read: (1) PAYMENT. I agree to pay the Loan in 30 payments. The Loan is amortized over 220 payments. I will make 29 payments of $10,849.42 beginning on February 28, 2017, and on the last day of each month thereafter. A single "balloon payment" of the entire unpaid balance of Principal and interest will be due July 31, 2019. You will deliver or mail to me notice prior to maturity that the balloon payment is due. This notice will state the balloon payment amount and the date that it is due. Payments will be rounded down to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 28th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. B. Fees and Charges. As additional consideration for your consent to enter into this Modification, I agree to pay, or have paid these additional fees and charges: (1) Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay the Loan before the scheduled maturity date. Document Preparation. A(n) Document Preparation fee of $223.50 payable from separate funds on or before today's date. (2) Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $22.50. I will pay this late charge promptly but only once for each late payment. . NOT A REFINANCING. This Modification modifies the Loan. It is not a new loan. It is not a pay off, replacement, substitution or refinancing of the Loan. . WAIVER. Except to the extent prohibited by law, I waive all claims, defenses, setoffs, or counterclaims relating to the Prior Obligation, or any documents securing the Prior Obligation, that I may have. Any party to the Prior Obligation that does not sign this Modification, shall remain liable under the terms of the Prior obligation unless released in writing by you. . REASON(S) FOR MODIFICATION. Changing from interest only payments to 30 monthly payments amortized over 220 months, beginning 02/28/17, extending maturity date from 01/31/2017 to 07/31/2019 . ADDITIONAL TERMS. Interest Due: $6,834.76; Late Fees: $22.50 . SIGNATURES. By signing, I agree to the terms contained in this Modification. I also acknowledge receipt of a copy of this Modification. BORROWER: Eric M Wagner Date 8-24-17 LENDER: American Bank of Oklahoma Joe A. Landon, President / CEO Date 2/24/17 <table> <tr> <th>LOAN NUMBER</th> <th>LOAN NAME</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>INITIALS</th> <th></th> </tr> <tr> <td>201058700</td> <td>Eric M Wagner</td> <td></td> <td>08/24/18</td> <td>658258 JAL</td> <td></td> </tr> <tr> <th>NOTE AMOUNT</th> <th>INDEX (w/Margin)</th> <th>RATE</th> <th>MATURITY DATE</th> <th>LOAN PURPOSE</th> <th></th> </tr> <tr> <td>$1,278,238.09</td> <td>Not Applicable</td> <td>4.990%</td> <td>07/31/19</td> <td>Consumer</td> <td></td> </tr> </table> PROMISSORY NOTE, SECURITY AGREEMENT AND TRUTH-IN-LENDING DISCLOSURES (Consumer - Closed End) DATE AND PARTIES. The date of this Promissory Note, Security Agreement and Truth-In-Lending Disclosures (Loan Agreement) is August 24, 2018. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 66 Collinsville, OK 74021-0066 Telephone: (918) 371-7300 BORROWER: ERIC M WAGNER 11425 S Louisville Pl. Tulsa, OK 74133 The pronouns "I," "me," and "my" refer to each Borrower signing this Loan Agreement, individually and together with their heirs, successors and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Loan Agreement. "You" and "Your" refer to the Lender, any participants or syndicators, successors and assigns, or any person or company that acquires an interest in the Loan. Loan Documents refer to all the documents executed as a part of or in connection with the Loan. Property means any property, real, personal or intangible, that secures my performance of the obligations of this Loan Agreement. Rates and rate change limitations are expressed as annualized percentages. All dollar amounts will be payable in lawful money of the United States of America. <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of my credit as a yearly rate.</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost me.</th> <th>AMOUNT FINANCED<br>The amount of credit provided to me or on my behalf.</th> <th>TOTAL OF PAYMENTS<br>The amount I will have paid when I have made all scheduled payments.</th> </tr> <tr> <td>4.970%</td> <td>#58,915.24</td> <td>#1,278,238.09</td> <td>#1,337,153.33</td> </tr> </table> Payment Schedule. My 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>10</td> <td>#8,438.81</td> <td>Monthly beginning September 30, 2018</td> </tr> <tr> <td>1</td> <td>#1,252,765.23</td> <td>July 31, 2019</td> </tr> </table> Security. I am giving a security interest in the following goods or property being purchased: Sport Craft/Trailer (Untitled/Non-Residence) Trailer (Titled/Non-Residence) Boat (Federally Documented/Non-Residence) Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $25.00. Prepayment. If I pay off early, I will not have to pay a penalty. Assumption. Someone buying the Property securing this obligation cannot assume the remainder of the obligation on the original terms. Contract Documents. I will see my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. 1. REFINANCING. This Loan Agreement will pay off the following described note(s): <table> <tr> <th>Note Date</th> <th>Note Number</th> <th>Note Amount</th> </tr> <tr> <td>July 31, 2014</td> <td># 201058700</td> <td>#1,668,670.00</td> </tr> </table> The remaining balance of the note listed in the table above is $1,243,850.09. 2. PROMISE TO PAY. For value received, I promise to pay you or your order the principal sum of #1,278,238.09 (Principal) plus interest at the rate of 4.990 percent (Interest Rate) from August 24, 2018 on the unpaid Principal balance until this Loan Agreement matures or this obligation is accelerated. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Loan Agreement at the Interest Rate in effect from time to time, until paid in full. Any amount assessed or collected as interest under the terms of this Loan Agreement will be limited to the maximum lawful amount of interest allowed by applicable law. Amounts collected in excess of the maximum lawful amount will be applied first to the unpaid Principal balance. Any remainder will be refunded to me. Interest accrues using an Actual/365 days counting method. 3. REMEDIAL CHARGES. In addition to interest or other finance charges, I agree that I will pay these additional fees based on my method and pattern of payment. Additional remedial charges may be described elsewhere in this Loan Agreement. A. Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $25.00. I will pay this late charge promptly but only once for each late payment. 4. PAYMENT. I agree to pay this Loan Agreement in 11 payments. This Loan Agreement is amortized over 240 payments. I will make 10 payments of #8,438.81 beginning on September 30, 2018, and on the last day of each month thereafter. A single "balloon payment" of the entire unpaid balance of Principal and Interest will be due July 31, 2019. You will deliver or mail to me notice prior to maturity that the balloon payment is due. This notice will state the balloon payment amount and the date that it is due. Payments will be rounded down to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. Each payment I make on this Loan Agreement will be applied first to interest that is due, then to principal that is due, and finally to late charges that are due. No late charge will be assessed on any payment when the only delinquency is due to late fees assessed on earlier payments and the payment is otherwise a full payment. You may change how payments are applied in your sole discretion without notice to me. The actual amount of my final payment will depend on my payment record. 5. PREPAYMENT. I may prepay this Loan Agreement in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 6. LOAN PURPOSE. The purpose of this Loan is Purchase 2014 Princess V-62S. 7. SECURITY. The Loan is secured by Property described in the SECURITY AGREEMENT section, and by separate security instruments prepared together with this Loan Agreement as follows: Document Name Parties to Document Preferred Ship Mortgage - 11426 S Louisville Pl., 2015 Eric M Wagner Cigarette Racing Team LTD CRT VS, CRTE4228B515 8. SECURITY AGREEMENT. A. Secured Debts. This Security Agreement will secure the following debts (Secured Debts), together with all extensions, renewals, refinancings, modifications and replacements of these debts: (1) Sums Advanced under the terms of this Loan Agreement. All sums advanced and expenses incurred by you under the terms of this Loan Agreement. B. Limitations on Cross-collateralization. The cross-collateralization clause on any existing or future loan, but not including this Loan, is void and ineffective as to this Loan, including any extension or refinancing. The Loan is not secured by a previously executed security instrument if a non-possessionary, non-purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. The Loan is not secured by a previously executed security instrument if you fail to fulfill any necessary requirements or fail to conform to any limitations of the Real Estate Settlement Procedures Act, Regulation X, that are required for loans secured by the Property or if, as a result, the other debt would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. The Loan is not secured by a previously executed security instrument if you fail to fulfill any necessary requirements or fail to conform to any limitations of the Truth in Lending Act, (Regulation Z), that are required for loans secured by the Property. C. Security Interest. To secure the payment and performance of the Secured Debts, I grant you a security interest in all of the Property described in this Security Agreement that I own or have sufficient rights in which to transfer an interest, now or in the future, wherever the Property is or will be located, and all proceeds and products from the Property (including, but not limited to, all parts, accessories, repairs, replacements, improvements, and accessions to the Property). Property is all the collateral given as security for the Secured Debts and described in this Security Agreement, and includes all obligations that support the payment or performance of the Property. "Proceeds" includes cash proceeds, non-cash proceeds, and anything acquired upon the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising from the Property; and any collections and distributions on account of the Property. Property also includes any original evidence of title or ownership whether evidenced by a certificate of title or ownership, a manufacturer's statement of origin or other document when the Property is titled under any federal or state law. I will deliver the title documents and properly execute all title documents as necessary to reflect your security interest. This Security Agreement remains in effect until terminated in writing, even if the Secured Debts are paid and you are no longer obligated to advance funds to me under any loan or credit agreement. D. Property Description. The Property subject to this Security Agreement is described as follows: (1) Motor Vehicle, Mobile Home, Sport Craft, or Trailer. SPORT CRAFT/TRAILER: All of the following which Debtor owns now or in the future, together with all parts, accessories, repairs, replacements, improvements, and accessions, and wherever located including, but not limited to ONE (1) 2015, Make: CRT, Identification #CRT84228B8158, Body: VB; FIVE (5) Mercury Engine Model: 400 PORT: 28141246, PORT INSIDE: 28141378, CENTER: 28141500, STARBOARD INSIDE: 28141247; ONE (1) Generator; Phaser Marine; Jubota engine-Ignition protected 25 gal.. Model: K3-7.0KW PMG KW: 7; Voltage: 12; ONE (1) 2012 Myco M42 Trailer VIN #: MB9S424C8B17029, and ONE (1) New 2012# Hydro-hoist Powerlift. A Trailer of Make: MYCO, Year: 2012, Model: M42, VIN/Serial No.: MB9S424C8B17020. E. Purchase Money Security Interest. Payments will be applied first to the non-purchase money portion of the loan, if any, then to the purchase money portion in the order in which the purchase money Property was acquired. F. Duties Toward Property. (1) Protection of Secured Party's Interest. I will defend the Property against any other claim. I agree to do whatever you require to protect your security interest and to keep your claim in the Property ahead of the claims of other creditors. I will not do anything to harm your position. (2) Use, Location, and Protection of the Property. I will use the Property only for personal, family, or household purposes. I will not use the Property in violation of any law. I will keep the Property in my possession at my address. I will notify you in writing and obtain your prior written consent to any change in location of any of the Property. I will immediately inform you of any loss or damage to the Property. I will not cause or permit waste to the Property. Until this Security Agreement is terminated, I will not grant a security interest in, or otherwise encumber, any of the Property without your prior written consent. I will pay all taxes and assessments levied or assessed against me or the Property and provide timely proof of payment of these taxes and assessments upon request. (3) Additional Duties Specific to Motor Vehicles, Sport Craft, or Trailers. So long as I am not in default under this Security Agreement, the Motor Vehicle, Sport Craft, or Trailer portion of the Property will not be restricted to a specific location and may be moved as necessary during ordinary use. However, they may not be taken out of state permanently nor removed from the United States or Canada without your prior written consent. G. Authority To Perform. I authorize you to do anything you deem reasonably necessary to protect the Property and your security interest in the Property. If I fail to perform any of my duties under this Loan Agreement, you are authorized, without notice to me, to perform the duties or cause them to be performed. You are authorized, but are not limited, to pay and discharge taxes, liens, security interests or other encumbrances at any time levied or placed on the Property; pay any rents or other charges under any agreement covering the Property; order and pay for the repair, maintenance and preservation of the Property; file any financing statements on my behalf and pay for filing and recording fees pertaining to the Property; place a note on any chattel paper indicating your interest in the Property; take any action you feel necessary to realize on the Property, including performing any part of a contract or endorsing it in my name; handle any sale or other proceedings involving the Property in my name. If you perform for me, you will use reasonable care. H. Name and Location. My name indicated in the DATE AND PARTIES section is my exact legal name. My principal residence is located in Oklahoma. I will provide verification of registration and location upon your request. I will provide you with at least 30 days notice prior to any change in my name, address, or state of organization or registration. I. Perfection of Security Interest. I authorize you to file a financing statement and/or security agreement, as appropriate, covering the Property. I will comply with, facilitate, and otherwise assist you in connection with obtaining perfection or control over the Property for purposes of perfecting your security interest under the Uniform Commercial Code. I agree to pay all actual costs of terminating your security interest. 9. DEFAULT. I will be in default if any of the following events (known separately and collectively as an Event of Default) occur: A. Payments and Performance. I fail to make a payment when due or perform any condition or keep any promise or covenant of this or any agreement I have made with you. B. Insolvency or Bankruptcy. I become insolvent or declare bankruptcy. C. Death or Incompetency. I die or am declared legally incompetent. 10. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Loan Agreement to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law, as applicable. 11. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. In addition, I, to the extent permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on these actions or based on the status of a party to this Loan Agreement. You may renew or extend payments on this Loan Agreement, regardless of the number of such renewals or extensions. You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co signer. You may release, substitute or impair any Property securing this Loan Agreement. You, or any institution participating in this Loan Agreement, may invoke your right of set-off. You may enter into any sales, repurchases or participations of this Loan Agreement to any person in any amounts and I waive notice of such sales, repurchases or participations. I agree that any of us signing this Loan Agreement as a Borrower is authorized to modify the terms of this Loan Agreement or any instrument securing, guarantying or relating to this Loan Agreement. Except to the extent prohibited by law, I waive all claims for loss or damage caused by your acts or omissions where you acted reasonably and in good faith. 12. REMEDIES. After I default, and after you give any legally required notice and opportunity to cure the default, you may at your option do any one or more of the following. A. Acceleration. You may make all or any part of the amount owing by the terms of this Loan Agreement immediately due. B. Sources. You may use any and all remedies you have under state or federal law or in any Loan Document. C. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on my default. D. Payments Made On My Behalf. Amounts advanced on my behalf will be immediately due and may be added to the balance owing under the terms of this Loan Agreement, and accrue interest at the highest post-maturity interest rate. E. Attachment. You may attach or garnish my wages or earnings. F. Set-Off. You may set off any amount due and payable under the terms of this Loan Agreement against my right to receive money from you, unless prohibited by applicable law. G. Repossession. You may require me to gather and make the Property available to you. You may repossess the Property so long as the repossession does not involve a breach of the peace. You may sell, lease or otherwise dispose of the Property as provided by law. You may apply what you receive from the disposition of the Property to your expenses, your attorney's fees and legal expenses (where not prohibited by law), and any debt I owe you. If what you receive from the disposition of the Property does not satisfy the debt, I will be liable for the deficiency (where permitted by law). In some cases, you may keep the Property to satisfy the debt. Where a notice is required, I agree that ten days prior written notice sent by first class mail to my address listed in this Loan Agreement will be reasonable notice to me under the Oklahoma Uniform Commercial Code. H. Use and Operation. You may enter upon my premises and take possession of all or any part of my property for the purpose of preserving the Property or its value, so long as you do not breach the peace. You may use and operate my property for the length of time you feel is necessary to protect your interest, all without payment or compensation to me. I. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues or occurs again. 13. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event of Default, to the extent permitted by law, I agree to pay all expenses of collection, enforcement or protection of your rights and remedies under this Loan Agreement or any other Loan Document. Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of this Loan Agreement. All fees and expenses will be secured by the Property I have granted to you, if any. In addition, to the extent permitted by the United States Bankruptcy Code, I agree to pay the reasonable attorneys' fees incurred by you to protect your rights and interests in connection with any bankruptcy proceedings initiated by or against me. 14. COMMISSIONS. I understand and agree that you (or your affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other services that I buy through you or your affiliate. 15. WARRANTIES AND REPRESENTATIONS. I have the right and authority to enter into this Loan Agreement. The execution and delivery of this Loan Agreement will not violate any agreement governing me or to which I am a party. I will acquire ownership of the Property with the proceeds of the loan. 16. INSURANCE. I agree to obtain the Insurance described in this Loan Agreement. A. Property Insurance. I agree to keep the Property insured against the risks reasonably associated with the Property. I will maintain this insurance in the amounts you require. This insurance will last until the Property is released from this Loan Agreement. I may choose the insurance company, subject to your approval, which will not be unreasonably withheld. I will have the insurance company name you as loss payee on any insurance policy. I will give you and the insurance company immediate notice of any loss. You may apply the insurance proceeds toward what is owed on the Secured Debts. You may require added security as a condition of permitting any insurance proceeds to be used to repair or replace the Property. If you acquire the Property in damaged condition, my right to any insurance policies and proceeds will pass to you to the extent of the Secured Debts. I will immediately notify you of cancellation or termination of Insurance. If I fail to keep the Property insured, you may obtain insurance to protect your interest in the Property and I will pay for the insurance on your demand. You may demand that I pay for the Insurance all at once, or you may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance may include lesser or greater coverages than originally required of me, may be written by a company other than one I would choose, and may be written at a higher rate than I could obtain if I purchased the insurance. This insurance coverage does not satisfy any liability or property insurance that may be mandated by applicable state or federal law. I acknowledge and agree that you or one of your affiliates may receive commissions on the purchase of this insurance. 17. GENERAL PROVISIONS. If two or more Borrowers sign this Loan Agreement, we are liable to repay jointly and severally. This Loan Agreement is the complete and final expression of the agreement and may not be amended or modified by oral agreement. If any provision of this Loan Agreement is unenforceable, then the unenforceable provision will be severed and the remaining provisions will be enforceable. No present or future agreement securing any other debt I owe you will secure the payment of this Loan if, with respect to this loan, you fail to fulfill any necessary requirements or fail to conform to any limitations of the Truth in Lending Act (Regulation Z) or the Real Estate Settlement Procedures Act (Regulation X) that are required for loans secured by the Property or if, as a result, this Loan would become subject to Section 870 of the John Warner National Defense Authorization Act for Fiscal Year 2007. This Loan Agreement is governed by the laws of Oklahoma where the Property is located, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail. Notice to one Borrower will be deemed to be notice to all Borrowers. I will inform you in writing of any change in my name, address or other application information. I will provide you any correct and complete financial statements or other information you request. I agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Loan and to confirm your lien status on any Property. Time is of the essence. I agree to supply you with whatever information you reasonably request. You will make requests for this information without undue frequency, and will give me reasonable time in which to supply the information. 18. ERRORS AND OMISSIONS. I agree, if requested by you, to fully cooperate in the correction, if necessary, in the reasonable discretion of you of any and all loan closing documents so that all documents accurately describe the loan between you and me. I agree to assume all costs including by way of illustration and not limitation, actual expenses, legal fees and marketing losses for failing to reasonably comply with your requests within thirty (30) days. ITEMIZATION OF AMOUNT FINANCED NOTE AMOUNT <table> <tr> <th>Amount given to me directly</th> <td>$0.00</td> </tr> <tr> <th>Amount paid on my account:</th> <td></td> </tr> <tr> <td>LOA - Loan Payment/Payoff 201058700</td> <td>$1,243,650.09</td> </tr> <tr> <th>Total amount paid on my account</th> <th>$1,243,650.09</th> </tr> <tr> <th>Amount paid to Lender</th> <th>$0.00</th> </tr> </table> Amount paid to others on my behalf*: Eric Wagner $10,788.00 Goldner Dock Construction $23,800.00 LESS: PREPAID FINANCE CHARGE $0.00 AMOUNT FINANCED $1,278,238.09 *Lender may retain or receive portions of these amounts. 19. SIGNATURES. By signing, I agree to the terms contained in this Loan Agreement. I also acknowledge receipt of a copy of this Loan Agreement. BORROWER: [Signature] Eric M Wagner Date 9-6-18 LENDER: American Bank of Oklahoma [Signature] By Joe A. Limbrite, President / CEO Date 9/6/18 <table> <tr> <th>PRIOR OBLIGATION INFORMATION</th> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>NOTE AMOUNT</th> <th>MATURITY DATE</th> </tr> <tr> <td></td> <td>201058700</td> <td></td> <td>07/31/14</td> <td>$1,658,870.00</td> <td>07/31/19</td> </tr> </table> <table> <tr> <th>AMENDED OBLIGATION INFORMATION</th> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>MODIFICATION DATE</th> <th>NOTE AMOUNT</th> </tr> <tr> <td></td> <td>201058700</td> <td></td> <td>August 24, 2018</td> <td>$1,278,238.09</td> </tr> <tr> <td></td> <td>MATURITY DATE</td> <td>INDEX (w/margin)</td> <td>INTEREST RATE</td> <td>INITIALS</td> </tr> <tr> <td></td> <td>07/31/19</td> <td>Not Applicable</td> <td>4.990%</td> <td>658258 JAL</td> </tr> </table> DEBT MODIFICATION AGREEMENT DATE AND PARTIES. The date of this Debt Modification Agreement (Modification) is August 24, 2018. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E Main P.O. Box 86 Collinville, OK 74021-0086 Telephone: (918) 371-7300 BORROWER: ERIC M WAGNER 11425 S Louisville Pl. Tulsa, OK 74133 1. DEFINITIONs. In this Modification, these terms have the following meanings: A. Pronoun, The pronouns "I," "me," and "my" refer to each Borrower signing this Modification, individually and together with their heirs, executors, administrators, successors, and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Loan. "You" and "your" refer to the Lender, with its participants or syndicators, successors and assigns, or any person or entity that acquires an interest in the Modification or the Prior Obligation. B. Amended Obligation. Amended Obligation is the resulting agreement that is created when the Modification amends the Prior Obligation. It is described above in the AMENDED OBLIGATION INFORMATION section. C. Loan. Loan refers to this transaction generally. It includes the obligations and duties arising from the terms of all documents prepared or submitted in association with the Prior Obligation and modification, such as applications, security agreements, disclosures, notes, agreements, and this Modification. D. Modification. Modification refers to this Debt Modification Agreement. E. Prior Obligation. Prior Obligation refers to my original agreement described above in the PRIOR OBLIGATION INFORMATION section, and any subsequent extensions, renewals, modifications or substitutions of it. 2. BACKGROUND. You and I have previously entered into a Prior Obligation. As of the date of this Modification, the outstanding, unpaid balance of the Prior Obligation is $1,243,650.09. Conditions have changed since the execution of the Prior Obligation instruments. In response, and for value received, you and I agree to modify the terms of the Prior Obligation, as provided for in this Modification. 3. CONTINUATION OF TERMS. I agree and understand that all other terms and provisions in the Prior Obligation survive and continue in full force and effect, except to the extent that they are specifically and expressly amended by this Modification. The express amendment of a term does not amend related or other terms - even if the related or other terms are contained in the same section or paragraph of the Prior Obligation. For illustration purposes only, a modification of the interest rate to be paid during the term of the loan would not modify the default rate of interest even though both of those terms are described in the Prior Obligation in a common section titled "interest". The term "Prior Obligation" includes the original instrument and any modifications prior to this Modification. 4. TERMS. The Prior Obligation is modified as follows: A. Promise to Pay. My promise to pay is modified to read: "(1) PROMISE TO PAY. For value received, I promise to pay you or your order, at your address, or at such other location as you may designate, the principal sum of $1,278,238.09 (Principal) plus interest from August 24, 2018 on the unpaid Principal balance until the Loan matures or this obligation is accelerated. The Principal amount includes the outstanding balance of my loan, and additional funds of $34,888.00 advanced at my request. B. Maturity and Payments. The maturity and payment provisions are modified to read: (1) PAYMENT. I agree to pay the Loan in 11 payments. The Loan is amortized over 240 payments. I will make 10 payments of $8,438.81 beginning on September 30, 2018, and on the last day of each month thereafter. A single "balloon payment" of the entire unpaid balance of Principal and Interest will be due July 31, 2019. You will deliver or mail to me notice prior to maturity that the balloon payment is due. This notice will state the balloon payment amount and the date that it is due. Payments will be rounded down to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. C. Fees and Charges. As additional consideration for your consent to enter into this Modification, I agree to pay, or have paid these additional fees and charges: (1) Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $26.00. I will pay this late charge promptly but only once for each late payment. 5. NOT A REFINANCING. This Modification modifies the Loan. It is not a new loan. It is not a pay off, replacement, substitution or refinancing of the Loan. 6. WAIVER. Except to the extent prohibited by law, I waive all claims, defenses, offsets, or counterclaims relating to the Prior Obligation, or any document securing the Prior Obligation, that I may have. Any party to the Prior Obligation that does not sign this Modification, shall remain liable under the terms of the Prior Obligation unless released in writing by you. 7. REASON(S) FOR MODIFICATION. To swap collateral from a 2014 Princess Yachts America V-62S VSC62119J314 to a 2016 C CRT84226B515 CRT VS, 2012 Myco M42 Trailer VIN #1M983424CB017020, and Powelift AND Add $34,588.00 New Money. 8. ADDITIONAL TERMS. Interest Due: $3,759.48 Thru 08/31/2018 Principal Reduction: $6,314.84 9. SIGNATURES. By signing, I agree to the terms contained in this Modification. I also acknowledge receipt of a copy of this Modification. BORROWER: Eric M Wagner Date 9-6-18 LENDER: American Bank of Oklahoma By Joe A. Landon, President /CEO Date 9/6/18 <table> <tr> <th>Prior Obligation Information</th> <th>Loan Number</th> <th>Acct. Number</th> <th>Note Date</th> <th>Note Amount</th> <th>Maturity Date</th> </tr> <tr> <td></td> <td>201058700</td> <td></td> <td>07/31/14</td> <td>$1,658,670.00</td> <td>07/31/19</td> </tr> <tr> <th rowspan="2">Amended Obligation Information</th> <th>Loan Number</th> <th>Acct. Number</th> <th>Modification Date</th> <th>Note Amount</th> <th></th> </tr> <tr> <td>201058700</td> <td></td> <td>August 15, 2019</td> <td>$1,257,491.18</td> <td></td> </tr> <tr> <td></td> <td>Maturity Date</td> <td>Index (w/margin)</td> <td>Interest Rate</td> <td>Initials</td> <td></td> </tr> <tr> <td></td> <td>02/29/24</td> <td>Not Applicable</td> <td>5.490%</td> <td>658258 JAL</td> <td></td> </tr> </table> DEBT MODIFICATION AGREEMENT DATE AND PARTIES. The date of this Debt Modification Agreement (Modification) is August 15, 2019. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 66 Collinsville, OK 74021-0066 Telephone: (918) 371-7300 BORROWER: ERIC MARTIN WAGNER 11425 S Louisville Pl. Tulsa, OK 74133 1. DEFINITIONS. In this Modification, these terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Modification, severally and together with their heirs, executors, administrators, successors, and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Loan. "You" and "your" refer to the Lender, with its participants or syndicators, successors and assigns, or any person or entity that acquires an interest in the Modification or the Prior Obligation. B. Amended Obligation. Amended Obligation is the resulting agreement that is created when the Modification amends the Prior Obligation. It is described above in the AMENDED OBLIGATION INFORMATION section. C. Loan. Loan refers to this transaction generally. It includes the obligations and duties arising from the terms of all documents prepared or submitted in association with the Prior Obligation and this modification, such as applications, security agreements, disclosures, notes, agreements, and this Modification. D. Modification. Modification refers to this Debt Modification Agreement. E. Prior Obligation. Prior Obligation refers to my original agreement described above in the PRIOR OBLIGATION INFORMATION section, and any subsequent extensions, renewals, modifications or substitutions of it. 2. BACKGROUND. You and I have previously entered into a Prior Obligation. As of the date of this Modification, the outstanding, unpaid balance of the Prior Obligation is $1,257,491.18. Conditions have changed since the execution of the Prior Obligation instruments. In response, and for value received, you and I agree to modify the terms of the Prior Obligation, as provided for in this Modification. 3. CONTINUATION OF TERMS. I agree and understand that all other terms and provisions in the Prior Obligation survive and continue in full force and effect, except to the extent that they are specifically and expressly amended by this Modification. The express amendment of a term does not amend related or other terms - even if the related or other terms are contained in the same section or paragraph of the Prior Obligation. For illustration purposes only, a modification of the Interest rate to be paid during the term of the loan would not modify the default rate of interest even though both of those terms are described in the Prior Obligation in a common section titled "Interest". The term "Prior Obligation" includes the original instrument and any modifications prior to this Modification. 4. TERMS. The Prior Obligation is modified as follows: A. Maturity and Payments. The maturity and payment provisions are modified to read: (1) PAYMENT. I agree to pay the Loan in 55 payments. The Loan is amortized over 180 payments. I will make 54 payments of $10,248.30 beginning on August 31, 2019, and on the last day of each month thereafter. A single "balloon payment" of the entire unpaid balance of principal and interest will be due February 28, 2024. You will deliver or mail to me notice prior to maturity that the balloon payment is due. This notice will state the balloon payment amount and the date that it is due. Payments will be rounded down to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 28th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. B. Fees and Charges. As additional consideration for your consent to enter into this Modification, I agree to pay, or have paid these additional fees and charges: (1) Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay the Loan before the scheduled maturity date. Modification. A(n) Modification fee of $223.50 payable from separate funds on or before today's date. UCC Recording. A(n) UCC Recording fee of $20.00 payable from separate funds on or before today's date. (2) Late Charge. If a payment is more than 10 days late, I will be charged 8.000 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $25.00. I will pay this late charge promptly but only once for each late payment. 6. NOT A REFINANCING. This Modification modifies the Loan. It is not a new loan. It is not a pay off, replacement, substitution or refinancing of the Loan. 7. WAIVER. Except to the extent prohibited by law, I waive all claims, defenses, setoffs, or counterclaims relating to the Prior Obligation, or any document securing the Prior Obligation, that I may have. Any party to the Prior Obligation that does not sign this Modification, shall remain liable under the terms of the Prior Obligation unless released in writing by you. 7. REASON(S) FOR MODIFICATION. Renew and extend maturity date for 55 months amortized over 15 years. Change maturity date from 07/31/2019 to 02/29/2024. 8. ADDITIONAL TERMS. Interest Due: $10,658.70 Thru 07/31/2019 9. SIGNATURES. By signing, I agree to the terms contained in this Modification. I also acknowledge receipt of a copy of this Modification. BORROWER: Eric Martin Wagner Date 8-15-19 LENDER: American Bank of Oklahoma By Joe A. Landon, President /CEO Date 8/15/19 <table> <tr> <th>PRIOR OBLIGATION INFORMATION</th> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>NOTE AMOUNT</th> <th>MATURITY DATE</th> </tr> <tr> <td></td> <td>201058700</td> <td></td> <td>07/31/14</td> <td>$1,658,670.00</td> <td>02/29/24</td> </tr> <tr> <th>AMENDED OBLIGATION INFORMATION</th> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>MODIFICATION DATE</th> <th>NOTE AMOUNT</th> <td></td> </tr> <tr> <td></td> <td>201058700</td> <td></td> <td>November 19, 2021</td> <td>$1,135,685.17</td> <td></td> </tr> <tr> <td></td> <td>MATURITY DATE</td> <td>INDEX (w/margin)</td> <td>INTEREST RATE</td> <td>INITIALS</td> <td></td> </tr> <tr> <td></td> <td>05/19/22</td> <td>Not Applicable</td> <td>5.490%</td> <td>658268 JAL</td> <td></td> </tr> <tr> <td colspan="6">Creditor Use Only</td> </tr> </table> DEBT MODIFICATION AGREEMENT DATE AND PARTIES. The date of this Debt Modification Agreement (Modification) is November 19, 2021. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 66 Collinsville, OK 74021-0086 Telephone: (918) 371-7300 BORROWER: ERIC MARTIN WAGNER 11425 S Louisville Pl. Tulsa, OK 74133 1. DEFINITIONS. In this Modification, these terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Modification, severally and together with their heirs, executors, administrators, successors, and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Loan. "You" and "your" refer to the Lender, with its participants or syndicators, successors and assigns, or any person or entity that acquires an interest in the Modification or the Prior Obligation. B. Amended Obligation. Amended Obligation is the resulting agreement that is created when the Modification amends the Prior Obligation. It is described above in the AMENDED OBLIGATION INFORMATION section. C. Loan. Loan refers to this transaction generally. It includes the obligations and duties arising from the terms of all documents prepared or submitted in association with the Prior Obligation and this modification, such as applications, security agreements, disclosures, notes, agreements, and this Modification. D. Modification. Modification refers to this Debt Modification Agreement. E. Prior Obligation. Prior Obligation refers to my original agreement described above in the PRIOR OBLIGATION INFORMATION section, and any subsequent extensions, renewals, modifications or substitutions of it. 2. BACKGROUND. You and I have previously entered into a Prior Obligation. As of the date of this Modification, the outstanding, unpaid balance of the Prior Obligation is $1,135,685.17. Conditions have changed since the execution of the Prior Obligation instruments. In response, and for value received, you and I agree to modify the terms of the Prior Obligation, as provided for in this Modification. 3. CONTINUATION OF TERMS. I agree and understand that all other terms and provisions in the Prior Obligation survive and continue in full force and effect, except to the extent that they are specifically and expressly amended by this Modification. The express amendment of a term does not amend related or other terms - even if the related or other terms are contained in the same section or paragraph of the Prior Obligation. For illustration purposes only, a modification of the interest rate to be paid during the term of the loan would not modify the default rate of interest even though both of those terms are described in the Prior Obligation in a common section titled "Interest". The term "Prior Obligation" Includes the original instrument and any modifications prior to this Modification. 4. TERMS. The Prior Obligation is modified as follows: A. Maturity and Payments. The maturity and payment provisions are modified to read: (1) PAYMENT. I agree to pay the Loan in Instalments of accrued interest beginning December 19, 2021, and then on the 19th day of each month thereafter. I agree to pay the entire unpaid Principal and any accrued but unpaid interest on May 19, 2022. Payments will be rounded down to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. B. Fees and Charges. As additional consideration for your consent to enter into this Modification, I agree to pay, or have paid these additional fees and charges: Eric Martin Wagner Debt Modification Agreement (1) Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay the Loan before the scheduled maturity date. Document Preparation. A[n] Document Preparation fee of $293.50 payable from separate funds on or before today's date. (2) Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $6.00, whichever is greater. However, this charge will not be greater than $25.00. I will pay this late charge promptly but only once for each late payment. 5. NOT A REFINANCING. This Modification modifies the Loan. It is not a new loan. It is not a payoff, replacement, substitution or refinancing of the Loan. 6. WAIVER. Except to the extent prohibited by law, I waive all claims, defenses, setoffs, or counterclaims relating to the Prior Obligation, or any document securing the Prior Obligation, that I may have. Any party to the Prior Obligation that does not sign this Modification, shall remain liable under the terms of the Prior Obligation unless released in writing by you. 7. REASON(S) FOR MODIFICATION. To change monthly Principal and Interest payments to 6 monthly Interest payments. Changing maturity date from 02/24/2024 to 08/19/2022. 8. ADDITIONAL TERMS. Interest Due: $7,516.12 Thru 11/19/2021. Late Fee: $275.00. 9. SIGNATURES. By signing, I agree to the terms contained in this Modification. I also acknowledge receipt of a copy of this Modification. BORROWER: Eric Martin Wagner Date 12-3-21 LENDER: American Bank of Oklahoma BY Joe A. Landon, President / CEO Date 12-3-2021 <table> <tr> <th>PRIOR OBLIGATION INFORMATION</th> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>NOTE AMOUNT</th> <th>MATURITY DATE</th> </tr> <tr> <td></td> <td>201058700</td> <td></td> <td>07/31/14</td> <td>$1,658,670.00</td> <td>05/19/22</td> </tr> <tr> <th>AMENDED OBLIGATION INFORMATION</th> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>MODIFICATION DATE</th> <th>NOTE AMOUNT</th> </tr> <tr> <td></td> <td>201058700</td> <td></td> <td>October 11, 2022</td> <td>$1,134,819.80</td> </tr> <tr> <td></td> <td>MATURITY DATE</td> <td>INDEX (w/margin)</td> <td>INTEREST RATE</td> <td>INITIALS</td> </tr> <tr> <td></td> <td>10/19/25</td> <td>Not Applicable</td> <td>7.500%</td> <td>658258 JAL</td> </tr> <tr> <td colspan="6">Creditor Use Only</td> </tr> </table> DEBT MODIFICATION AGREEMENT DATE AND PARTIES. The date of this Debt Modification Agreement (Modification) is October 11, 2022. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 66 Collinsville, OK 74021-0066 Telephone: (818) 371-7300 BORROWER: ERIC MARTIN WAGNER 11425 S Louvavil Pl. Tulsa, OK 74133 1. DEFINITIONS. In this Modification, these terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Modification, severally and together with their heirs, executors, administrators, successors, and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Loan. "You" and "your" refer to the Lender, with its participants or syndicators, successors and assigns, or any person or entity that acquires an interest in the Modification or the Prior Obligation. B. Amended Obligation. Amended Obligation is the resulting agreement that is created when the Modification amends the Prior Obligation. It is described above in the AMENDED OBLIGATION INFORMATION section. C. Loan. Loan refers to this transaction generally. It includes the obligations and duties arising from the terms of all documents prepared or submitted in association with the Prior Obligation and this modification, such as applications, security agreements, disclosures, notes, agreements, and this Modification. D. Modification. Modification refers to this Debt Modification Agreement. E. Prior Obligation. Prior Obligation refers to my original agreement described above in the PRIOR OBLIGATION INFORMATION section, and any subsequent extensions, renewals, modifications or substitutions of it. 2. BACKGROUND. You and I have previously entered into a Prior Obligation. As of the date of this Modification, the outstanding, unpaid balance of the Prior Obligation is $1,134,819.80. Conditions have changed since the execution of the Prior Obligation Instruments. In response, and for value received, you and I agree to modify the terms of the Prior Obligation, as provided for in this Modification. A. Previous Modifications. To change monthly Principal and Interest payments to 6 monthly Interest payments. Changing maturity date from 02/24/2024 to 05/19/2022. 3. CONTINUATION OF TERMS. I agree and understand that all other terms and provisions in the Prior Obligation survive and continue in full force and effect, except to the extent that they are specifically and expressly amended by this Modification. The express amendment of a term does not amend related or other terms - even if the related or other terms are contained in the same section or paragraph of the Prior Obligation. For illustration purposes only, a modification of the interest rate to be paid during the term of the loan would not modify the default rate of interest even though both of those terms are described in the Prior Obligation in a common section titled "interest". The term "Prior Obligation" includes the original instrument and any Previous Modifications. 4. TERMS. The Prior Obligation is modified as follows: A. Maturity and Payments. The maturity and payment provisions are modified to read: (1) PAYMENT. I agree to pay the Loan in 36 payments. The Loan is amortized over 180 payments. I will make 36 payments of $10,640.65 beginning on November 19, 2022, and on the 19th day of each month thereafter. A single "balloon payment" of the entire unpaid balance of Principal and Interest will be due October 19, 2025. You will deliver or mail to me notice prior to maturity that the balloon payment is due. This notice will state the balloon payment amount and the date that it is due. Eric Martin Wagner Debt Modification Agreement OK4XKMILERO000000002894014101122N Payments will be rounded down to the nearest $0.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. B. Fees and Charges. As additional consideration for your consent to enter into this Modification, I agree to pay, or have paid these additional fees and charges: (1) Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay the Loan before the scheduled maturity date. Document Preparation. A(n) Document Preparation fee of $293.50 payable from separate funds on or before today's date. UCC Termination/Continuation Filing. A(n) UCC Termination/Continuation Filing fee of $10.00 payable from separate funds on or before today's date. (2) Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $25.00. I will pay this late charge promptly but only once for each late payment. 5. NOT A REFINANCING. This Modification modifies the Loan. It is not a new loan. It is not a payoff, replacement, substitution or refinancing of the Loan. 6. WAIVER. Except to the extent prohibited by law, I waive all claims, defenses, setoffs, or counterclaims relating to the Prior Obligation, or any document securing the Prior Obligation, that I may have. Any party to the Prior Obligation that does not sign this Modification, shall remain liable under the terms of the Prior Obligation unless released in writing by you. 7. REASON(S) FOR MODIFICATION. Extend maturity date from 5/19/2022 to 10/19/2025. Set up on monthly P&I ballooned 36mo/240mo. Increase rate from 5.49% to 7.50%. 8. ADDITIONAL TERMS. Interest due through 10/11/2022 - $14,225.70 9. SIGNATURES. By signing, I agree to the terms contained in this Modification. I also acknowledge receipt of a copy of this Modification. BORROWER: [Signature] Eric Martin Wagner Date 10/25/22 LENDER: American Bank of Oklahoma By ________________________________ Date ________________ Joe A. Landon, President / CEO <table> <tr> <th>LOAN NUMBER</th> <th>LOAN NAME</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>INITIALS</th> </tr> <tr> <td>201371600</td> <td>Eric Martin Wagner</td> <td></td> <td>11/07/22</td> <td>658258 JAL</td> </tr> <tr> <th>NOTE AMOUNT</th> <th>NOT APPLICABLE</th> <th>INDEX (w/Margin)</th> <th>RATE</th> <th>MATURITY DATE</th> <th>LOAN PURPOSE</th> </tr> <tr> <td>$17,919.27</td> <td>Not Applicable</td> <td>18.490%</td> <td>Creditor Use Only</td> <td>11/07/26</td> <td>Consumer</td> </tr> </table> PROMISSORY NOTE, SECURITY AGREEMENT AND TRUTH-IN-LENDING DISCLOSURES (Consumer - Closed End) DATE AND PARTIES. The date of this Promissory Note, Security Agreement and Truth-in-Lending Disclosures (Loan Agreement) is November 7, 2022. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E Main P.O. Box 66 Collinsville, OK 74021-0066 Telephone: (918) 371-7300 BORROWER: ERIC MARTIN WAGNER 6708 E 108th St Tulsa, OK 74133 The pronouns "I," "me," and "my" refer to each Borrower signing this Loan Agreement, individually and together with their heirs, successors and assigns, and each other person or legal entity (including sureties, endorsers, and sureties) who agrees to pay this Loan Agreement. "You" and "Your" refer to the Lender, any participants or assignors, successors and assigns, or any person or company that acquires an interest in the Loan. Loan Documents refer to all the documents executed as a part of or in connection with the Loan. Property means any property, real, personal or intangible, that secures my performance of the obligations of this Loan Agreement. Rates and rate change limitations are expressed as annualized percentages. All dollar amounts will be payable in lawful money of the United States of America. <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>AMOUNT FINANCED</th> <th>TOTAL OF PAYMENTS</th> </tr> <tr> <td>The cost of my credit as a yearly rate.</td> <td>The dollar amount the credit will cost me.</td> <td>The amount of credit provided to me or on my behalf.</td> <td>The amount I will have paid when I have made all scheduled payments.</td> </tr> <tr> <td>18.425%</td> <td>$7,861.00</td> <td>$17,825.77</td> <td>$25,486.77</td> </tr> </table> Payment Schedule. My 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>47</td> <td>#530.97</td> <td>Monthly beginning December 7, 2022</td> </tr> <tr> <td>1</td> <td>#531.18</td> <td>November 7, 2026</td> </tr> </table> Security. I am giving a security interest in: Motor Vehicle (Non-Residence) Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $25.00. Prepayment. If I pay off early, I will not have to pay a minimum finance charge. Assumption. Someone buying the Property securing the obligation cannot assume the remainder of the obligation on the original terms. Contract Documents. I will see my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. 1. PROMISE TO PAY. For value received, I promise to pay you or your order the principal sum of $17,919.27 (Principal) plus interest at the rate of 18.490 percent (Interest Rate) from November 7, 2022 on the unpaid Principal balance until this Loan Agreement matures or this obligation is accelerated. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Loan Agreement at the Interest Rate in effect from time to time, until paid in full. Any amount assessed or collected as interest under the terms of this Loan Agreement will be limited to the maximum lawful amount of interest allowed by applicable law. Amounts collected in excess of the maximum lawful amount will be applied first to the unpaid Principal balance. Any remainder will be refunded to me. The amount assessed or collected on this Loan Agreement is authorized by the Oklahoma Uniform Consumer Credit Code (14A OSA §§ 1-101 et. seq.), interest accrues using an Actual/365 days counting method. 2. ADDITIONAL CHARGES. As additional consideration, I agree to pay, or have paid, these additional fees and charges. A. Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay this Loan Agreement before the scheduled maturity date. Document Preparation. A(n) Document Preparation fee of $283.50 payable from the loan proceeds. Filing/Lien Entry. A(n) Filing/Lien Entry fee of $67.65 payable from the loan proceeds. 3. REMEDIAL CHARGES. In addition to interest or other finance charges, I agree that I will pay these additional fees based on my method and pattern of payment. Additional remedial charges may be described elsewhere in this Loan Agreement. A. Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $25.00. I will pay this late charge promptly but only once for each late payment. 4. PAYMENT. I agree to pay this Loan Agreement in 48 payments. I will make 47 payments of $530.97 beginning on December 7, 2022, and on the 7th day of each month thereafter. A single, final payment of the entire unpaid balance of Principal and interest will be due November 7, 2026. Payments will be rounded down to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 28th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. Each payment I make on this Loan Agreement will be applied first to interest that is due, then to principal that is due, and finally to late charges that are due. No late charge will be assessed on any payment when the only delinquency is due to late fees assessed on earlier payments and the payment is otherwise a full payment. You may change how payments are applied in your sole discretion without notice to me. The actual amount of my final payment will depend on my payment record. Eric Martin Wagner Oklahoma Promissory Note, Security Agreement and Truth-in-Lending Disclosures OK/4XXMILLERO000000002B94039110922N Wolters Kluwer Financial Services, Inc. 5. RIGHT TO REFINANCE. If any scheduled payment is more than twice as large as the average of earlier scheduled payments, I have the right to refinance the amount of such payment at the time it is due without penalty, as provided for by state law. The terms of the refinancing shall be no less favorable than the terms of the original transaction. This section does not apply if the payment schedule is adjusted because of my seasonal or irregular income. 6. PREPAYMENT. I may prepay this Loan Agreement in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 7. LOAN PURPOSE. The purpose of this Loan is to provide funds to pay accrued interest and fees due on renewal of boat loan # 20-1058700. 8. SECURITY. The Loan is secured by Property described in the SECURITY AGREEMENT section of this Loan Agreement. 9. SECURITY AGREEMENT. A. Secured Debts. This Security Agreement will secure the following debts (Secured Debts), together with all extensions, renewals, refinancings, modifications and replacements of these debts: (1) Sums Advanced under the terms of this Loan Agreement. All sums advanced and expenses incurred by you under the terms of this Loan Agreement. B. Limitations on Cross-collateralization. The cross-collateralization clause on any existing or future loan, but not including this Loan, is valid and ineffective as to this Loan, including any extension or refinancing. The Loan is not secured by a previously executed security instrument if a non-possessory, non-purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. The Loan is not secured by a previously executed security instrument if you fail to fulfill any necessary requirements or fail to conform to any limitations of the Real Estate Settlement Procedures Act, (Regulation X), that are required for loans secured by the Property or, as a result, the other debt would become subject to Section 870 of the John Warner National Defense Authorization Act for Fiscal Year 2007. The Loan is not secured by a previously executed security instrument if you fail to fulfill any necessary requirements or fail to conform to any limitations of the Truth in Lending Act, (Regulation Z), that are required for loans secured by the Property. C. Security Interest. To secure the payment and performance of the Secured Debts, I grant you a security interest in all of the Property described in this Security Agreement that I own or have sufficient rights in which to transfer an interest, now or in the future, wherever the Property is or will be located, and all proceeds and products from the Property (including, but not limited to, all parts, accessories, repairs, replacements, improvements, and accessions to the Property). Property is all the collateral given as security for the Secured Debts and described in this Security Agreement, and includes all obligations that support the payment or performance of the Property. "Proceeds" includes cash proceeds, non-cash proceeds and anything acquired upon the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising from the Property; and any collections and distributions on account of the Property. Property also includes any original evidence of title or ownership whether evidenced by a certificate of title or ownership, a manufacturer's statement of origin or other document when the Property is titled under any federal or state law. I will deliver the title documents and properly execute all title documents as necessary to reflect your security interest. This Security Agreement remains in effect until terminated in writing, even if the Secured Debts are paid and you are no longer obligated to advance funds to me under any loan or credit agreement. D. Property Description. The Property subject to this Security Agreement is described as follows: (1) Motor Vehicle, Mobile Home, Sport Craft, or Trailer. A Motor Vehicle of Make: Polaris, Year: 2013, Model: R13V, VIN: RF3VA17A0DT026833. A Motor Vehicle of Make: Polaris, Year: 2012, Model: R12V, VIN: 4XAVE76AXCF686727. A Motor Vehicle of Make: Polaris, Year: 2012, Model: R128V, VIN: 4XAVE76ABCFC886637. E. Duties Toward Property. (1) Protection of Secured Party's Interest. I will defend the Property against any other claim. I agree to do whatever you require to protect your security interest and to keep your claim in the Property ahead of the claims of other creditors. I will not do anything to harm your position. (2) Use, Location, and Protection of the Property. I will use the Property only for personal, family, or household purposes. I will not use the Property in violation of any law. I will keep the Property in my possession at my address. I will notify you in writing and obtain your prior written consent to any change in location of any of the Property. I will immediately inform you of any loss or damage to the Property. I will not cause or permit waste to the Property. Until this Security Agreement is terminated, I will not grant a security interest in, or otherwise encumber, any of the Property without your prior written consent. I will pay all taxes and assessments levied or assessed against me or the Property and provide timely proof of payment of these taxes and assessments upon request. (3) Additional Duties Specific to Motor Vehicles, Sport Craft, or Trailers. So long as I am not in default under this Security Agreement, the Motor Vehicle, Sport Craft, or Trailer portion of the Property will not be restricted to a specific location and may be moved as necessary during ordinary use. However, they may not be taken out of state permanently nor removed from the United States or Canada without your prior written consent. F. Authority To Perform. I authorize you to do anything you deem reasonably necessary to protect the Property and your security interest in the Property. If I fail to perform any of my duties under this Loan Agreement, you are authorized, after providing me with the required notice, if any, and 10 days to comply, to perform the duties or cause them to be performed. You are authorized, but are not limited, to: pay and discharge taxes, liens, security interests or other encumbrances at any time levied or placed on the Property; pay any rents or other charges under any lease affecting the Property; order and pay for the repair, maintenance and preservation of the Property; file any financing statements on behalf of the Property owner and pay for filing and recording fees pertaining to the Property; place a note on any chattel paper indicating your interest in the Property; take any action you feel necessary to realize on the Property, including performing any part of a contract or endorsing it in my name; handle any suits or other proceedings involving the Property in my name. If you perform for me, you will use reasonable care. G. Name and Location. My name indicated in the DATE AND PARTIES section is my exact legal name. I am located at the address indicated in the DATE AND PARTIES section. I will provide verification of registration and location upon your request. I will provide you with at least 30 days notice prior to any change in my name, address, or state of organization or registration. H. Perfection of Security Interest. I authorize you to file a financing statement and/or security agreement, as appropriate, covering the Property. I will comply with, facilitate, and otherwise assist you in connection with obtaining perfection or control over the Property for purposes of perfecting your security interest under the Uniform Commercial Code. I agree to pay all actual costs of terminating your security interest. 10. DEFAULT. I will be in default if any of the following events (known separately and collectively as an Event of Default) occur: A. Payments and Performance. I fail to make a payment when due or perform any condition or keep any promise or covenant of this or any agreement I have made with you. B. Insolvency or Bankruptcy. I become insolvent or declare bankruptcy. C. Death or Incompetency. I die or am declared legally incompetent. 11. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Loan Agreement to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law, as applicable. 12. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. In addition, I, to the extent permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on these actions or based on the status of a party to this Loan Agreement. You may renew or extend payments on this Loan Agreement, regardless of the number of such renewals or extensions. You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. You may assign, subordinate or delegate the obligations under this Loan Agreement or any instrument participating in this Loan Agreement, may revoke your right of set-off, you may enter into any sales, repurchases or participations of this Loan Agreement without notice to me in any event, and I waive notice of such sales, repurchases or participations. I agree that any of us signing this Loan Agreement as a Borrower is authorized to modify the terms of this Loan Agreement or any instrument securing, guaranteeing or relating to this Loan Agreement. Except to the extent prohibited by law, I waive all claims for loss or damage caused by your acts or omissions where you acted reasonably and in good faith. 13. REMEDIES. After I default, and after you give any legally required notices and opportunity to cure the default, you may at your option do any one or more of the following. A. Acceleration. You may make all or any part of the amount owing by the terms of this Loan Agreement immediately due. B. Sources. You may use any and all remedies you have under state or federal law or in any Loan Document. C. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on my default. D. Payments Made On My Behalf. Amounts advanced on my behalf will be due and may be added to the balance owing under the terms of this Loan Agreement, and accrue interest at the highest post-maturity interest rate, after providing me with the required notice, if any, and 10 days to comply. E. Attachment. You may attach or garnish my wages or earnings. F. Set-Off. You may set off any amount due and payable under the terms of this Loan Agreement against my right to receive money from you, unless prohibited by applicable law. G. Repossession. You may require me to gather and make the Property available to you. You may repossess the Property so long as the repossession does not involve a breach of the peace. You may sell, lease or otherwise dispose of the Property as provided by law. You may apply what you receive from the disposition of the Property to your expenses, your attorneys’ fees and legal expenses (where not prohibited by law), and any debt I owe you. If what you receive from the disposition of the Property does not satisfy the debt, I will be liable for the deficiency (where permitted by law). In some cases, you may keep the Property to satisfy the debt. Where a notice is required, I agree that ten days prior written notice sent by first class mail to my address listed in this Loan Agreement will be reasonable notice to me under the Oklahoma Uniform Commercial Code. H. Use and Operation. You may enter upon my premises and take possession of all or any part of my property for the purpose of preserving the Property or its value, so long as you do not breach the peace. You may use and operate my property for the length of time you feel is necessary to protect your interest, all without payment or compensation to me. I. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues or occurs again. 14. COLLECTION EXPENSES AND ATTORNEYS’ FEES. On or after the occurrence of an Event of Default, to the extent permitted by law, I agree to pay all expenses of collection, enforcement or protection of your rights and remedies under this Loan Agreement or any other Loan Document. Expenses include, but are not limited to, reasonable attorneys’ fees not in excess of 15 percent of the unpaid debt after default and referral to an attorney who is not your salaried employee. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of this Loan Agreement. All fees and expenses will be secured by the Property I have granted to you, if any. In addition, to the extent permitted by the United States Bankruptcy Code, I agree to pay the reasonable attorneys’ fees incurred by you to protect your rights and interests in connection with any bankruptcy proceedings initiated by or against me. 15. COMMISSIONS. I understand and agree that you (or your affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other services that I buy through you or your affiliate. 16. WARRANTIES AND REPRESENTATIONS. I have the right and authority to enter into this Loan Agreement. The execution and delivery of the Loan Agreement will not violate any agreement governing me or to which I am a party. 17. INSURANCE. I agree to obtain the insurance described in this Loan Agreement. A. Single Interest Insurance. I will purchase Single Interest insurance for the amounts you require as described in one of the other documents I sign for the Loan. I may obtain Single Interest insurance from anyone I want that is acceptable to you. If I get the insurance from or through you, I will pay $78.00 for 48 month(s) of coverage. B. Property Insurance. I agree to keep the Property insured against the risks reasonably associated with the Property. I will maintain this insurance in the amounts you require. This insurance will last until the Property is released from this Loan Agreement. I may choose the insurance company, subject to your approval, which will not be unreasonably withheld. I will have the insurance company notify you as loss pays on any insurance policy. I will give you and the insurance company immediate notice of any loss. You may apply the insurance proceeds toward what is owed on the Secured Debts. You may require added security as a condition of permitting any insurance proceeds to be used to repair or replace the Property. If you acquire the Property in damaged condition, my right to any insurance policies and proceeds will pass to you to the extent of the Secured Debt. I will immediately notify you of cancellation or termination of insurance. If I fail to keep the Property insured, you may obtain insurance to protect your interest in the Property and I will pay for the insurance on your demand. You may demand that I pay for the insurance or at once, or you may add the insurance premium to your claim on the Secured Debt and charge interest on it at the rate agreed upon for the Secured Debt. This insurance may include lesser or greater coverages than originally agreed and may be written by an agency other than one I would choose. It may be written at a higher rate than I could obtain if I purchased the insurance. This insurance coverage does not satisfy any liability or property insurance that may be mandated by applicable state or federal law. I acknowledge and agree that you or one of your affiliates may receive commissions on the purchase of this insurance. 18. GENERAL PROVISIONS. If two or more Borrowers sign this Loan Agreement, we are liable to repay jointly and severally. This Loan Agreement is the complete and final expression of the agreement and may not be amended or modified by oral agreements. If any provision of this Loan Agreement is unenforceable, then the unenforceable provision will be severed and the remaining provisions will remain enforceable. No present or future agreement securing any other debt or owes you will extend the period of this Loan, with respect to this Loan, nor fail to fulfill any necessary requirement to fall to comply with the limitations of the Truth in Lending Act (Regulation Z) or the Real Estate Settlement Procedures Act (Regulation X) that are required for loans secured by the Property or if, as a result, this Loan would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. This Loan Agreement is governed by the laws of Oklahoma, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail. Notice to one Borrower will be deemed to be notice to all Borrowers. I will inform you in writing of any change in my name, address or other application information. I will provide you any correct and complete financial statements or other information you request. I agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Loan and to confirm your lien status on any Property. Time is of the essence. I agree to supply you with whatever information you reasonably request. You will make requests for this information without undue frequency, and will give me reasonable time in which to supply the information. Uniform Consumer Credit Code Applies. I agree that this Loan is subject to 14A OSA § 1-101 through 14A OSA § 6-512 of the Uniform Consumer Credit Code, as amended. 19. ERRORS AND OMISSIONS. I agree, if requested by you, to fully cooperate in the correction, if necessary, in the reasonable discretion of you of any and all loan closing documents so that all documents accurately describe the loan between you and me. I agree to assume all costs including by way of illustration and not limitation, actual expenses, legal fees and marketing losses for failing to reasonably comply with your requests within thirty (30) days. ITEMIZATION OF AMOUNT FINANCED NOTE AMOUNT <table> <tr> <th>Amount given to me directly</th> <th>$0.00</th> </tr> <tr> <td>Amount paid on my account:</td> <td></td> </tr> <tr> <td>LOA - Loan Payment/Payoff 20-1058700</td> <td>$17,480.12</td> </tr> <tr> <td>Total amount paid on my account</td> <td>$17,480.12</td> </tr> <tr> <td>Amount paid to Lender for:</td> <td></td> </tr> <tr> <td>Prepaid finance charge paid to Lender<br>Document Preparation</td> <td>$293.50</td> </tr> </table> Total prepaid finance charge amount paid to Lender $233.50 Amount paid to others on my behalf*: Public Officials $67.85 Insurance Company $78.00 LESS: PREPAID FINANCE CHARGE $233.50 AMOUNT FINANCED $17,425.77 *Lender may retain or receive portions of these amounts. 20. SIGNATURES. By signing, I agree to the terms contained in this Loan Agreement. I also acknowledge receipt of a copy of this Loan Agreement. BORROWER: Eric Martin Wagner Date 11-8-72 LENDER: American Bank of Oklahoma By ____________________________ Date ________________ Joe E. Linden, Chairman President/CEO Lien Entry Form Debtor Names and Address (Last Name First) Wagner, Eric Martin Names: 6709 E 109th St Address Tulsa, OK, 74133 City, State, Zip American Bank of Oklahoma Secured Party Name Assignee of Secured Party Name Lienholder ID 200 E. Main P.O. Box 66 Address Collinsville, OK, 74021-0066 City, State, Zip Lienholder ID Address City, State, Zip This Lien Entry Form Covers the Following Vehicle: 2013 Year Polaris Make OR Body Type RF3VA17A0DT026933 Vehicle Identification Number (VIN/HIN) 180614153001 Original Oklahoma Title Number Date of Security Agreement: 11/07/2022 Secured Party / Assignee Signature Date Executed: 11/9/22 Lender must type and print 3 identical copies of the Lien Entry Form. Use one Lien Entry Form for each vehicle, boat or outboard motor. FEES (VEHICLES) <table> <tr> <th> </th> <th> </th> <th> </th> </tr> <tr> <td>Lien Entry Fee</td> <td>$ 10.00</td> <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> <td>Mail Fee</td> <td>$ 1.55</td> </tr> <tr> <td>Mail Fee</td> <td>$ 1.55</td> <td>Mail Fee</td> <td>$ 1.55</td> <td>Total</td> <td>$ 13.80</td> </tr> <tr> <td>Total</td> <td>$ 22.55</td> <td></td> <td></td> <td>Total</td> <td>$ 11.55</td> </tr> </table> LIEN ONLY FILING <table> <tr> <th> </th> <th> </th> <th> </th> </tr> <tr> <td>Lien Entry Fee</td> <td>$ 10.00</td> <td>Lien Entry Fee</td> <td>$ 10.00</td> <td>Lien Entry Fee</td> <td>$ 10.00</td> </tr> <tr> <td>Mail Fee</td> <td>$ 1.55</td> <td>Mail Fee</td> <td>$ 1.55</td> <td>Total</td> <td>$ 11.55</td> </tr> </table> Debtor Names and Address (Last e First) Wagner, Eric Martin Name(s) 6709 E 109th St Address Tulsa, OK, 74133 City, State, Zip American Bank of Oklahoma Secured Party Name 200 E. Main P.O. Box 66 Address Collinsville, OK, 74021-0066 City, State, Zip Assignee of Secured Party Name Lienholder ID Address City, State, Zip This Lien Entry Form Covers the Following Vehicle: 2012 Year Polaris Make RGR Body Type 4XAVER76A9CF666637 Vehicle Identification Number (VIN/HINI) 11/07/2022 Date of Security Agreement 726712230002 Original Oklahoma Title Number Secured Party / Assignee Signature 11/9/22 Date Executed Lender must type and print 3 identical copies of the Lien Entry Form. Use one Lien Entry Form for each vehicle, boat or outboard motor. FEES (VEHICLES) <table><tr><th></th><th>Lien Entry Fee</th><th>Title Fee</th><th>Mail Fee</th><th>Total</th></tr><tr><td></td><td>$10.00</td><td>$11.00</td><td>$1.55</td><td>$22.55</td></tr></table> FEES (BOATS/MOTORS) <table><tr><th></th><th>Lien Entry Fee</th><th>Title Fee</th><th>Mail Fee</th><th>Total</th></tr><tr><td></td><td>$10.00</td><td>$2.25</td><td>$1.55</td><td>$13.80</td></tr></table> LIEN ONLY FILING <table><tr><th></th><th>Lien Entry Fee</th><th>Mail Fee</th><th>Total</th></tr><tr><td></td><td>$10.00</td><td>$1.55</td><td>$11.55</td></tr></table>