American Bank of Oklahoma v. William Isaac Calico

IN THE DISTRICT COURT IN AND FOR ROGERS COUNTY STATE OF OKLAHOMA AMERICAN BANK OF OKLAHOMA, Plaintiff, v. WILLIAM I. CALICO; LINDY K. CALICO; CALICO AUTOMOTIVE, LLC; RCB BANK f/k/a Lakeside State Bank; UNITED STATES OF AMERICA, UNITED STATES DEPARTMENT OF AGRICULTURE, FARM SERVICE AGENCY; PARTS WAREHOUSE, INC.; ROGERS COUNTY TREASURER, JASON CARINI, and OKLAHOMA TAX COMMISSION, Defendant(s). Case No. PETITION Plaintiff, American Bank of Oklahoma ("Lender"), by and through its attorneys of record, DRUMMOND LAW, PLLC, respectfully submits this Petition and, for its cause of action against the named defendants, alleges and states as follows: JURISDICTION AND VENUE 1. Lender is a banking corporation duly organized under the laws of the State of Oklahoma, and was at all times hereinafter stated, authorized to transact business in the State of Oklahoma. 2. The real properties subject of this action is situated exclusively in Rogers County, Oklahoma. 3. This Court has both proper jurisdiction and venue for this action. First Cause of Action – Breach of Note 24442600 4. On or about March 25, 2020, William I. Calico and Lindy K. Calico (the “Calicos” or “Borrowers”) and Lender, for good and valuable consideration, made, executed, and delivered to Lender a Commercial Revolving Draw Line of Credit—Promissory Note 24442600 (“Note 24442600”), promising and agreeing to pay the principal amount of $50,000.00, with interest accruing thereon at 6.000% per annum, with all outstanding principal plus accrued unpaid interest due and payable on the maturity date of March 25, 2021. Attached as Exhibit A and incorporated in full is a true copy of Note 24442600, the original of which is held and owned by Lender. 5. As part of the same transaction and for the purpose of securing the payment of Note 24442600, and all of the indebtedness evidenced thereby, Borrowers being then and there the owner of fee simple title, made, executed and delivered to Lender a Security Agreement (the “Note 24442600 Security Agreement”), providing Lender a security interest in the following property, which is more particularly described to-wit: (1) ACCOUNTS AND RECEIVABLES AND OTHER RIGHTS TO PAYMENT: All rights to payment, whether or not earned by performance, including, but not limited to, payment for property or services sold, leased, rented, licensed or assigned. This includes any rights and interest (including all liens), which Debtor may have by law or agreement against any account debtor or obligor of Debtor. (2) 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: EQUIPMENT: All equipment now owned or hereafter acquired, including but not limited to, machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop equipment, office and record keeping equipment, parts, and tools. All equipment described in a list or schedule Debtor gives to Secured Party will also be included in the Property, but such a list is not necessary to create or perfect a valid security interest in all of the Debtor’s equipment. (3) 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: INVENTORY: All inventory held for the ultimate sale or lease, or which has been or will be supplied under contracts or service, or which are raw materials, work in process, or materials used or consumed in Debtor’s business. (the “Collateral"). Lender perfected its interest in and to the Collateral by filing a UCC Financing Statement with the Oklahoma County Clerk on March 26, 2020, as Instrument No. 20200326020299940. Attached as Exhibit B and incorporated in full is a true copy of the Note 24442600 Security Agreement, the original of which are held and owned by Lender. 6. On or about November 2, 2020, William I. Calico, Lindy K. Calico, and Calico Automotive, LLC (the “Calico Borrowers”) executed and delivered to Lender a Debt Modification Agreement (the “First Note 24442600 Debt Modification Agreement”), agreeing to increase the Note 24442600 line of credit by $25,000.00 and extend the maturity date of Note 24442600 to October 25, 2021. Attached as Exhibit C and incorporated in full is a true copy of the First Note 24442600 Debt Modification Agreement, the original of which is held and owned by Lender. 7. As part of the same transaction, the Calico Borrowers executed and delivered to Lender a Commercial Revolving Draw— Promissory Note 24442600 (“First Amended Note 24442600”), reflecting the agreed upon debt modification(s), promising and agreeing to pay the principal amount of $75,000.00, with interest accruing thereon at 6.000% per annum, with all outstanding principal plus accrued unpaid interest due and payable on the maturity date of October 25, 2021. Attached as Exhibit D and incorporated in full is a true copy of the First Amended Note 24442600, the original of which is held and owned by Lender. 8. On or about March 18, 2022, the Calico Borrowers executed and delivered to Lender a Debt Modification Agreement (the “Second Note 24442600 Debt Modification Agreement”), agreeing to renew the Note 24442600 line of credit and extend the maturity date of Note 24442600 to February 25, 2023. Attached as Exhibit E and incorporated in full is a true copy of the Second Note 24442600 Debt Modification Agreement, the original of which is held and owned by Lender. 9. On or about March 27, 2023, the Calico Borrowers executed and delivered to Lender a Debt Modification Agreement (the "Third Note 24442600 Debt Modification Agreement"), agreeing to take Note 24442600 off of a revolving line of credit, combine and refinance Note 24442500 into Note 24442600, extend the maturity date of Note 24442600 to April 5, 2033, adjust the interest rate from Wall Street Journal Prime ("WSJP") + 2.75 to WSJP + 1.5% adjusting annually. Attached as Exhibit F and incorporated in full is a true copy of the Third Note 24442600 Debt Modification Agreement, the original of which is held and owned by Lender. 10. As part of the same transaction, the Calico Borrowers executed and delivered to Lender a Commercial—Single Advance Promissory Note 24442600 ("Second Amended Note 24442600"), reflecting the agreed upon modification(s), promising and agreeing to pay the principal amount of $114,630.25, with interest accruing thereon at 9.500% per annum, with all outstanding principal plus accrued unpaid interest due and payable on the maturity date of April 5, 2033. Attached as Exhibit G and incorporated in full is a true copy of the Second Amended Note 24442600, the original of which is held and owned by Lender. 11. As part of the same transaction and for the purpose of securing the payment of the Second Amended Note 24442600, and all of the indebtedness evidenced thereby, the Calico Borrowers being then and there the owner of fee simple title, made, executed and delivered to Lender a mortgage, including an assignment of rents and the security interest in the personal property, encumbering the following real property, which is more particularly described to-wit: Lot 1 and the West 139.72 feet of Lot 2 in Block 1 of COYOTE POINT INDUSTRIAL PARK, a Subdivision in Rogers County, Oklahoma, according to the recorded Plat thereof. Commonly known as: 12721 S. Old Hwy 169, Oologah, OK 74053 (the "12721 South Property"). The mortgage was properly executed and acknowledged, according to law, and was duly recorded with the Rogers County Clerk on April 6, 2023, as Document #2023-004261 (the "Note 24442600 Mortgage"). Attached as Exhibit H and incorporated in full is a true copy of the Note 24442600 Mortgage, the original of which is held and owned by Lender. 12. As part of the same transaction and for the purpose of securing the payment of the Second Amended Note 24442600, and all of the indebtedness evidenced thereby, the Calico Borrowers being then and there the owner of fee simple title, made, executed and delivered to Lender a Security Agreement (the "Second Note 24442600 Security Agreement"), providing Lender a security interest in the following property, which is more particularly described to-wit: (1) ACCOUNTS AND RECEIVABLES AND OTHER RIGHTS TO PAYMENT: All rights to payment, whether or not earned by performance, including, but not limited to, payment for property or services sold, leased, rented, licensed or assigned. This includes any rights and interest (including all liens), which Debtor may have by law or agreement against any account debtor or obligor of Debtor. (2) 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: EQUIPMENT: All equipment now owned or hereafter acquired, including but not limited to, machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop equipment, office and record keeping equipment, parts, and tools. All equipment described in a list or schedule Debtor gives to Secured Party will also be included in the Property, but such a list is not necessary to create or perfect a valid security interest in all of the Debtor's equipment. (3) 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: INVENTORY: All inventory held for the ultimate sale or lease, or which has been or will be supplied under contracts or service, or which are raw materials, work in process, or materials used or consumed in Debtor’s business. (the “Collateral"). Lender perfected its interest in and to the Collateral by filing a UCC Financing Statement with the Oklahoma County Clerk on April 26, 2024, as Instrument No. 2024042602040128. Attached as Exhibit I and incorporated in full is a true copy of the Second Note 24442600 Security Agreement, the original of which are held and owned by Lender. 13. The Calico Borrowers defaulted on Note 24442600, the First Amended Note 24442600, the Second Amended Note 24442600, the Note 24442600 Security Agreement, and the Second Note 24442600 Security Agreement (collectively “Note 24442600”), by failing to make all monthly payments as required. Pursuant to Note 24442600, in the event of default due to failure to make payment of any installment due, the entire amount outstanding, less unearned interest, shall at once become due and payable at the option of Lender. Therefore, Lender elected to declare the entire balance due and payable. There is now due on Note 24442600 the principal sum of $106,194.55, plus accrued interest in the sum of $6,303.37, late charges of $608.75, all as of February 11, 2025, and accruing thereafter at the per diem rate of $29.50 based upon the interest rate of 9.500% per annum, plus the costs of this suit and of collection and a reasonable attorney’s fees. 14. Defendant, Oklahoma Tax Commission (“OTC”) may purport to possess an interest in the 12721 South Property via a tax lien recorded with the Rogers County Clerk, as Document #2024-001910. 15. However, the OTC’s interests in and to the 12721 South Property, if any, are junior, subordinate, and inferior to Lender’s mortgage(s) securing Note 24442600. 16. Defendant, RCB Bank—successor in interest to and f/k/a Lakeside State Bank ("RCB")—may purport to possess an interest in the Collateral via UCC financing statement(s) filed with the Oklahoma County Court Clerk. 17. However, RCB's interests in and to the Collateral, if any, are junior, subordinate, and inferior to Lender's Security Agreement(s) securing Note 24442600. 18. Defendant, United States of America, United States Department of Agriculture, Farm Service Agency ("USDA"), may purport to possess an interest in the Collateral via two (2) separate UCC financing statement(s) filed with the Oklahoma County Court Clerk, first on June 29, 2016 as Document No. 20160629020682750 UC1, and the second on May 23, 2022, and Document No. 2022052302054093, securing an interest in and to "all crops, livestock, farm products, equipment, certificate of title, goods, supplies, inventory, accounts, deposit accounts, supporting obligations, payment intangibles, general intangibles, investment property, crop insurance indemnity payments and all entitlements, benefits, and payments from all state and federal farm programs," and other interest in cows and proceeds from the security interest. 19. However, USDA's interests in and to the Collateral, if any, are junior, subordinate, and inferior to Lender's Security Agreement(s) securing Note 24442600. 20. Defendant, Parts Warehouse, Inc. ("Parts Warehouse"), may purport to possess an interest in the Collateral via UCC financing statement filed with the Oklahoma County Court Clerk. 21. However, Parts Warehouse's interests in and to the Collateral, if any, are junior, subordinate, and inferior to Lender's Security Agreement(s) securing Note 24442600. 22. Defendant Jason Carini, in his capacity as Rogers County Treasurer ("Carini"), may purport to possess an interest in and to the 12721 South Property via delinquent *ad valorem* taxes, if any. **Second Cause of Action – Breach of Note 22231000** 23. On or about March 31, 2023, William I. Calico and Lindy K. Calico (the "Calicos" or "Borrowers") and Lender, for good and valuable consideration, made, executed, and delivered to Lender a written Consumer Note 22231000 ("Note 22231000"), promising and agreeing to pay the principal amount of $380,068.90, with interest accruing thereon at 8.250% per annum, with all outstanding principal plus accrued unpaid interest due and payable on the maturity date of March 31, 2024. Attached as **Exhibit J** and incorporated in full is a true copy of Note 22231000, the original of which is held and owned by Lender. 24. As part of the same transaction and for the purpose of securing the payment of Note 22231000, and all of the indebtedness evidenced thereby, Borrowers being then and there the owner of fee simple title, made, executed and delivered to Lender a mortgage, including an assignment of rents and the security interest in the personal property, encumbering the following real property, which is more particularly described to-wit: The W/2 of the SE/4 of the SW/4, Less the South 25 feet thereof, in Section 20, Township 23 North, Range 15 East of the I.B.&M., Rogers County, State of Oklahoma, according to the U.S. Government survey thereof. Commonly known as: 5281 E. 390 Rd., Oologah, Oklahoma 74053 (the "5281 East Property"). The mortgage was properly executed and acknowledged, according to law, and was duly recorded with the Rogers County Clerk on April 3, 2023, as Document #2023-004070 (the "Note 22231000 Mortgage"). Attached as **Exhibit K** and incorporated in full is a true copy of the Note 22231000 Mortgage, the original of which is held and owned by Lender. 25. On or about February 16, 2024, the Borrowers executed and delivered to Lender a Debt Modification Agreement (the “Note 22231000 Debt Modification Agreement”), wherein Borrowers agreed to pay accrued interest on the Note 22231000 in monthly payments beginning on February 29, 2024, and on the last day of each month until September 30, 2024 when all accrued principal and unpaid interest (if any) shall also become due and payable, and extend the maturity date of Note 22231000 to September 30, 2024, and agreed to increase the interest on the outstanding balance from February 16, 2024 at the rate of 8.500% per annum. Attached as Exhibit L and incorporated in full is a true copy of the Note 22231000 Debt Modification Agreement, the original of which is held and owned by Lender. 26. As part of the same transaction, the Borrowers executed and delivered to Lender a Consumer Note 22231000 (“Amended Note 22231000”), reflecting the agreed upon modification(s), promising and agreeing to pay the principal amount of $380,068.90, with interest accruing thereon at 8.500% per annum, with all outstanding principal plus accrued unpaid interest due and payable on the maturity date of September 30, 2024. Attached as Exhibit M and incorporated in full is a true copy of the Amended Note 22231000, the original of which is held and owned by Lender. 27. As part of the same transaction, the Borrowers executed and delivered to Lender a Modification of Mortgage (the “Modified Note 22231000 Mortgage”), reflecting the agreed upon modification(s) to Note 22231000, and agreeing that the Note 22231000 Mortgage and terms therein secures Note 22231000 and the modifications in the Modified Note 22231000 Mortgage. Attached as Exhibit N and incorporated in full is a true copy of the Modified Note 22231000 Mortgage, the original of which is held and owned by Lender. 28. Borrowers defaulted on Note 22231000 and the Amended Note 22231000 (collectively “Note 22231000”) by failing to make all monthly payments as required. Pursuant to Note 2223100, in the event of default due to failure to make payment of any installment due, the entire amount outstanding, less unearned interest, shall at once become due and payable at the option of Lender. Therefore, Lender elected to declare the entire balance due and payable. There is now due on Note 22231000 the principal sum of $379,695.50, plus accrued interest in the sum of $19,977.49, late charges of $90.00, all as of February 11, 2025, and accruing thereafter at the per diem rate of $88.42 based upon the interest rate of 8.500% per annum, plus the costs of this suit and of collection and a reasonable attorney’s fees. 29. Defendant, OTC may purport to possess an interest in the 5281 East Property via a tax lien recorded with the Rogers County Clerk, as Document #2024-001910. 30. However, the OTC’s interests in and to the 5281 East Property, if any, are junior, subordinate, and inferior to Lender’s mortgage(s) securing Note 22231000. 31. Defendant Carini, in his capacity as Rogers County Treasurer, may purport to possess an interest in and to the 5281 East Property via delinquent ad valorem taxes, if any. Third Cause of Action – Breach of Note 24529000 32. On or about February 15, 2024, Borrowers, for good and valuable consideration, made, executed, and delivered to Lender a written Commercial—Single Advance Promissory Note 24529000 ("Note 24529000"), promising and agreeing to pay the principal amount of $275,000.00, with interest accruing thereon at a variable rate, with all outstanding principal plus accrued unpaid interest due and payable on the maturity date of February 15, 2049. Attached as Exhibit O and incorporated in full is a true copy of Note 24529000, the original of which is held and owned by Lender. 33. As part of the same transaction and for the purpose of securing the payment of Note 24529000, and all of the indebtedness evidenced thereby, Borrowers being then and there the owner of fee simple title, made, executed and delivered to Lender a mortgage, including an assignment of rents and the security interest in the personal property, encumbering the 12721 South Property. The mortgage was properly executed and acknowledged, according to law, and was duly recorded with the Rogers County Clerk on February 21, 2024, as Document #2024-002088 (the "Note 24529000 Mortgage"). Attached as Exhibit P and incorporated in full is a true copy of the Note 24529000 Mortgage, the original of which is held and owned by Lender. 34. Borrowers defaulted on Note 24529000 by failing to make all monthly payments as required. Pursuant to Note 24529000, in the event of default due to failure to make payment of any installment due, the entire amount outstanding, less unearned interest, shall at once become due and payable at the option of Lender. Therefore, Lender elected to declare the entire balance due and payable. There is now due on Note 24529000 the principal sum of $274,987.00, plus accrued interest in the sum of $17,050.30, late charges of $867.09, all as of February 11, 2025, and accruing thereafter at the per diem rate of $74.48 based upon the interest rate of 9.750% per annum, plus the costs of this suit and of collection and a reasonable attorney's fees. 35. Defendant, OTC may purport to possess an interest in the 12721 South Property via a tax lien recorded with the Rogers County Clerk, as Document #2024-001910. 36. However, the OTC's interests in and to the 12721 South Property, if any, are junior, subordinate, and inferior to Lender's mortgage(s) securing Note 24442600. 37. Defendant Carini, in his capacity as Rogers County Treasurer, may purport to possess an interest in and to the 12721 South Property via delinquent ad valorem taxes, if any. Fourth Cause of Action – Replevin (against William Calico, Lindy Calico, Calico Automotive, LLC, RCB Bank, Parts Warehouse, Inc., and USDA) 38. Lender realleges and incorporates by reference all preceding paragraphs herein as if set forth in full. 39. Lender believes that the Defendant(s) Willaim Calico, Lindy Calico, and/or Calico Automotive, LLC are in actual physical possession of the Collateral, and that possession is subject to the rights of Lender. Defendant(s) Willaim Calico, Lindy Calico, and/or Calico Automotive, LLC are wrongfully detaining the Collateral. 40. 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 Statutes, or any other means of final process issued against the Defendant(s) Willaim Calico, Lindy Calico, and/or Calico Automotive, LLC, or if taken in execution of any order or judgment it is exempt by law. 41. Lender believes that the Defendant(s) Willaim Calico, Lindy Calico, and/or Calico Automotive, LLC may attempt to conceal, damage or destroy the Collateral or any part thereof, or may potentially remove the Collateral from the state or county, and Lender will thereby suffer irreparable harm. Lender is without adequate remedy at law to prevent such harm or injury. 42. Lender requests the issuance of an Order of Delivery for the recovery of the Collateral. Lender further requests that the Clerk of this Court issue a Notice to be served on the Defendants, notifying them that: a) An Order of Delivery of Property is sought; b) Defendant has a right to object by written response filed with the Court Clerk and delivered or mailed to Lender's attorney within five (5) days after service of the Petition; and, c) The Order of Delivery shall be issued by the Clerk in the event no written response is filed within the five (5) day period. 43. That the Defendants, William Calico, Lindy Calico, Calico Automotive, LLC, and RCB Bank, Parts Warehouse, Inc., and USDA, 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 claimed by the Lender, and Lender requests that the Defendant(s) 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. Fifth Cause of Action -- Foreclosure (Against William Calico, Lindy Calico, Calico Automotive, LLC, Oklahoma Tax Commission, and Rogers County Treasurer, Jason Carini) 44. Lender realleges and incorporates by reference all preceding paragraphs herein as if set forth in full. 45. The Defendants may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the properties set forth herein; however, any right, title, or interest claimed by Defendants is subordinate and inferior to Lender's Mortgage lien(s), and Lender requests that these Defendants be summoned and required to assert any right, title, or interest claimed or be forever barred from claiming any right, title, or interest in the subject properties. 46. Lender is entitled to foreclosure of the 12721 South Property and the 5281 East Property (the "Properties"). PRAYER FOR RELIEF WHEREFORE, premises considered, Plaintiff American Bank of Oklahoma, respectfully requests that this Court enter judgment in its favor on its First through Third Causes of Action in personam as follows: (a) Against William Calico, Lindy Calico, and Calico Automotive, LLC, individually, for the indebtedness on Note 24442600 in the principal sum of $106,194.55, plus accrued interest in the sum of $6,303.37, late charges of $608.75, all as of February 11, 2025, and accruing thereafter at the per diem rate of $29.50 based upon the interest rate of 9.5000% per annum; (b) Against William Calico and Lindy Calico, individually, for the indebtedness on Note 22231000 in the principal sum of $379,695.50, plus accrued interest in the sum of $19,977.49, late charges of $90.00, all as of February 11, 2025, and accruing thereafter at the per diem rate of $88.42 based upon the interest rate of 8.5000% per annum; (c) Against William Calico and Lindy Calico, individually, for the indebtedness on Note 24529000 in the principal sum of $274,987.00, plus accrued interest in the sum of $17,050.30, late charges of $867.09, all as of February 11, 2025, and accruing thereafter at the per diem rate of $74.48 based upon the interest rate of 9.7500% per annum; (d) For costs of this action; (e) For title search expenses of $500.00 (f) For reasonable attorney’s fees incurred in prosecuting this action pursuant to the written contracts subject of this action and Oklahoma law; and (g) For such other and further relief as the Court may deem just and proper. FURTHER, premises considered, Plaintiff American Bank of Oklahoma, respectfully requests that this Court grant judgment in its favor on its Fourth Cause of Action in rem of and from William Calico, Lindy Calico, Calico Automotive, LLC, RCB Bank, Parts Warehouse, Inc., and USDA, as follows: (a) that the Clerk of this Court issue the above-described Notice to Defendant, informing Defendant that pursuant to 12 Okla. Stat. § 1571.1, any person that willfully and knowingly damages property in which there exists a valid right to issuance of an Order of Delivery, or in which such Order has been sought under the provisions of 12 Okla. Stat. § 1571, as amended, or who conceals it with intent to interfere with the enforcement of the Order or who removes it from the jurisdiction of this Court with the intention of defeating the enforcement of an Order of Delivery, or who willfully refuses to disclose its location to an officer charged with executing an Order for its delivery, or who, when in possession of such property, willfully interferes with the officer charged with executing such writ, shall be guilty of a misdemeanor, and in addition to such criminal penalty as provided by law shall be liable to Lender for double the amount of damage done to the property together with a reasonable attorney's fee to be fixed by the Court; (b) That this Court issue a prejudgment Order for Delivery of the Collateral to Lender; and, (c) That this Court decree that Lender’s interest in the Collateral is a valid lien senior to the interest of the Defendants 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 that this Court grant judgment in its favor on its Fifth Cause of Action in rem of and from William Calico, Lindy Calico, Calico Automotive, LLC, Oklahoma Tax Commission, and Rogers County Treasurer as follows: That the mortgages specified in this Petition (the “Mortgages”) be foreclosed, for and in the amounts set forth herein; that the subject Properties listed herein be sold, with or without appraisement, as Lender shall elect at the time judgment is rendered, as provided in the Mortgages, and by law, subject to unpaid taxes, if any, to satisfy the judgment, and that the proceeds from the sale be applied to the payment of the costs herein and then satisfaction of the judgment, Mortgages, and liens of Lender, and that the surplus, if any, be paid into Court, to abide the further order of the Court; and That the Defendants be required to appear and set forth any right, title, claim or interest which they now have, or may have, in and to the subject Properties, or any part thereof, which they claim is prior or superior to the Mortgages and liens of Lender; that the Court adjudicate that all of the claims are subject, junior, and inferior to the Mortgages, liens and judgment of Lender; and that upon confirmation of the sale, the Defendants herein and each of them, and all persons claiming by, through or under them, since the commencement of this action, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in and to the subject properties or any part thereof; AND that the Court award all costs of this action and for collection, including reasonable attorneys’ fees; and for such other and further relief as may be just and equitable. Respectfully Submitted, By: [signature] Emilee P. Kula, OBA #36173 DRUMMOND LAW, PLLC 320 S. Boulder Ave., Ste. 300 Tulsa, OK 74103 Telephone: (918) 749-7378 Facsimile: (918) 749-7869 [email protected] Attorneys for Plaintiff EXHIBIT A <table> <tr> <th>LOAN NUMBER</th> <th>LOAN NAME</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>INITIALS</th> </tr> <tr> <td>24442600</td> <td>William Isaac Calico</td> <td></td> <td>03/25/20</td> <td>1207667 MRL</td> </tr> <tr> <td>NOTE AMOUNT</td> <td>(INDEX w/Margin)</td> <td>6.000%</td> <td>MATURITY DATE</td> <td>LOAN PURPOSE</td> </tr> <tr> <td>$80,000.00</td> <td>Wall Street Journal Prime plus 2.750%</td> <td></td> <td>03/26/21</td> <td>Commercial</td> </tr> </table> PROMISSORY NOTE (Commercial - Revolving Draw) DATE AND PARTIES. The date of this Promissory Note (Note) is March 25, 2020. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 86 Collinsville, OK 74021-0086 Telephone: (918) 371-7300 BORROWER: WILLIAM ISAAC CALICO 5281 E 390 Rd Odogah, OK 74063 LINDY KAY CALICO 5281 E 390 Rd Odogah, OK 74063 1. DEFINITIONS. As used in this Note, the terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Note. "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. B. Note. Note refers to this document, and any extensions, renewals, modifications and substitutions of this Note. C. Loan. Loan refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction such as applications, security agreements, disclosures or notes, and this Note. D. Loan Documents. Loan Documents refer to all the documents executed as a part of or in connection with the Loan. E. Property. Property is any property, real, personal or intangible, that secures my performance of the obligations of this Loan. F. Percent. Rates and rate change limitations are expressed as annualized percentages. G. Dollar Amounts. All dollar amounts will be payable in lawful money of the United States of America. 2. 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, amounts advanced from time to time under the terms of this Note up to the maximum outstanding principal balance of $80,000.00 (Principal), plus interest from the date of disbursement, on the unpaid outstanding Principal balance until this Note is paid in full and you have no further obligations to make advances to me under the Loan. On March 25, 2020 I will receive an initial advance of $813.50. I may borrow up to the Principal amount more than one time. All advances made will be made subject to all other terms and conditions of the Loan. 3. INTEREST. Interest will accrue on the unpaid Principal balance of this Note at the rate of 6.000 percent (Interest Rate) until March 26, 2020, after which time it may change as described in the Variable Rate subsection. A. Post-Maturity Interest. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Note at the Interest Rate in effect from time to time, until paid in full. B. Maximum Interest Amount. Any amount assessed or collected as interest under the terms of this Note 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. C. Accrual. Interest accrues using an Actual/360 days counting method. D. Variable Rate. The Interest Rate may change during the term of this transaction. (1) Index. Beginning with the first Change Date, the Interest Rate will be based on the following index: the base rate on corporate loans posted by at least 70% of the 10 largest U.S. banks known as the Wall Street Journal U.S. Prime Rate. The Current Index is the most recent index figure available on each Change Date. You do not guarantee by selecting this Index, or the margin, that the Interest Rate on this Note will be the same rate you charge on any other loans or class of loans you make to me or other borrowers. If this Index is no longer available, I agree and consent to you selecting a substitute index and an alternative margin, all at your sole discretion. You will give me advance notice of your selection. As used in this subsection, "no longer available" includes, but is not limited to, when an index is terminated, becomes deregulated, or becomes unacceptable for use by a regulator. (2) Change Dates. Each date on which the Interest Rate may change is called a Change Date. The Interest Rate may change March 26, 2020 and daily thereafter. (3) Calculation Of Change. On each Change Date you will calculate the Interest Rate, which will be the Current Index plus 2.750 percent. Subject to any limitations, this will be the Interest Rate until the next Change Date. The new Interest Rate will become effective on each Change Date. The Interest Rate and other charges on this Note will never exceed the highest rate or charge allowed by law for this Note. (4) Limitations. The Interest Rate changes are subject to the following limitations: (a) Lifetime. The Interest Rate will never be greater than 21.000 percent or less than 5,500 percent. (b) Effect Of Variable Rate. A change in the Interest Rate will have the following effect on the payments: The amount of scheduled payments will change. 4. 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 Note before the scheduled maturity date. Loan Origination. (A(n) Loan Origination fee of $1500.00 payable from the loan proceeds, UCC Termination/Lien Release. (A(n) UCC Termination/Lien Release fee of $10.00 payable from the loan proceeds, UCC Recording. (A(n) UCC Recording fee of $10.00 payable from the loan proceeds, Document Preparation. (A(n) Document Preparation fee of $293.50 payable from the loan proceeds. 5. 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 Note. 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 $22.50, whichever is greater. However, this charge will not be greater than $150.00. I will pay this late charge promptly but only once for each late payment. 6. GOVERNING AGREEMENT. This Note is further governed by the Commercial Loan Agreement executed between you and me as a part of this Loan, as modified, amended or supplemented. The Commercial Loan Agreement states the terms and conditions of this Note, including the terms and conditions under which the maturity of this Note may be accelerated. When I sign this Note, I represent to you that I have reviewed and am in compliance with the terms contained in the Commercial Loan Agreement. 7. PAYMENT. I agree to pay this Note on demand, but if no demand is made, I agree to pay all accrued interest on the balance outstanding from time to time in regular payments beginning April 25, 2020, then on the same day of each month thereafter. A final payment of the entire unpaid outstanding balance of Principal and interest will be due March 25, 2021. 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. Interest payments will be applied first to any charges I owe other than late charges, then to accrued, but unpaid interest, then to late charges. Principal payments will be applied first to the outstanding Principal balance, then to any late charges. If you and I agree to a different application of payments, we will describe our agreement on this Note. The actual amount of my final payment will depend on my payment record. 8. PREPAYMENT. I may prepay this Loan in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 9. LOAN PURPOSE. The purpose of this Loan is to Establish RLOC for Working Capital of a new business. 10. SECURITY. The Loan is secured by separate security instruments prepared together with this Note as follows: Document Name Parties to Document Security Agreement - William Isaac Calico , Lindy Kay William Isaac Calico , Lindy Kay Calico Calico 11. LIMITATIONS ON CROSS-COLLATERALIZATION. The Line of Credit 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. 12. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Note 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. However, if I am in default under this Agreement, I may not sell the inventory portion of the Property even in the ordinary course of business. 13. 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. A. Additional Waivers By Borrower. In addition, I, and any party to this Note and Loan, to the extent permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on those actions or based on the status of a party to this Note. (1) You may renew or extend payments on this Note, regardless of the number of such renewals or extensions. (2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. (3) You may release, substitute or impair any Property securing this Note. (4) You, or any Institution participating in this Note, may invoke your right of set-off. (5) You may enter into any sales, repurchases or participations of this Note to any person in any amounts and I waive notice of such sales, repurchases or participations. (6) I agree that any of us signing this Note as a Borrower is authorized to modify the terms of this Note or any instrument securing, guaranteeing or relating to this Note. B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist upon my strict performance of any provisions contained in this Note, or any other Loan Document, shall not be construed as a waiver by you, unless any such waiver is in writing and is signed by you. 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. APPLICABLE LAW. This Note 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. In the event of a dispute, the exclusive forum, venue and place of jurisdiction will be in Oklahoma, unless otherwise required by law. 16. JOINT AND SEVERAL LIABILITY AND SUCCESSORS. My obligation to pay the Loan is independent of the obligation of any other person who has also agreed to pay it. You may sue me alone, or anyone else who is obligated on the Loan, or any number of us together, to collect the Loan. Extending the Loan or new obligations under the Loan, will not affect my duty under the Loan and I will still be obligated to pay the Loan. This Note shall insure to the benefit of and be enforceable by you and your successors and assigns and shall be binding upon and enforceable against me and my successors and assigns. 17. AMENDMENT, INTEGRATION AND SEVERABILITY. This Note may not be amended or modified by oral agreement. No amendment or modification of this Note is effective unless made in writing. This Note and the other Loan Documents are the complete and final expression of the agreement. If any provision of this Note is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still 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. 18. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Note. 19. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. 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 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. 20. CREDIT INFORMATION. I agree to supply you with whatever information you reasonably feel you need to decide whether to continue this Loan. You will make requests for this information without undue frequency, and will give me reasonable time in which to supply the information. 21. 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. 22. WAIVER OF JURY TRIAL. All of the parties to this Note knowingly and intentionally, irrevocably and unconditionally, waive any and all right to a trial by jury in any litigation arising out of or concerning this Note or any other Loan Document or related obligation. All of these parties acknowledge that this section has either been brought to the attention of each party's legal counsel or that each party had the opportunity to do so. 23. SIGNATURES. By signing, I agree to the terms contained in this Note. I also acknowledge receipt of a copy of this Note. BORROWER: William Isaac Calico Date 3-25-20 Cindy Kay Calico Date 3/25/2020 LENDER: American Bank of Oklahomas By Date 3/14/20 Monte R Linhan, SVP EXHIBIT B SECURITY AGREEMENT DATE AND PARTIES. The date of this Security Agreement (Agreement) is March 25, 2020. The parties and their addresses are: SECURED PARTY: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 86 Collinsville, OK 74021-0086 DEBTOR: WILLIAM ISAAC CALICO 5281 E 390 Rd Oologah, OK 74053 LINDY KAY CALICO 5281 E 390 Rd Oologah, OK 74053 Definitions. For the purposes of this document, the following terms have the following meanings. "Line of Credit" refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction. The pronouns "you" and "your" refer to the Secured Party. The pronouns "I," "me" and "my" refer to each person or entity signing this Agreement as Debtor and agreeing to give the Property described in this Agreement as security for the Secured Debts. 1. SECURED DEBTS. The term "Secured Debts" includes and this Agreement will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 24442600, dated March 25, 2020, from me to you, in the amount of $50,000.00. B. Sums Advanced. All sums advanced and expenses incurred by you under the terms of this Agreement. Loan Documents refer to all the documents executed in connection with the Secured Debts. 2. LIMITATIONS ON CROSS-COLLATERALIZATION. The Line of Credit 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. 3. 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 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 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. This 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. 4. PROPERTY DESCRIPTION. The Property is described as follows: A. Specific Property. ACCOUNTS AND RECEIVABLES AND OTHER RIGHTS TO PAYMENT: All rights to payment, whether or not earned by performance, including, but not limited to, payment for property or services sold, leased, rented, licensed, or assigned. This includes any rights and interest (including all liens), which Debtor may have by law or agreement against any account debtor or obligor of Debtor. 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: EQUIPMENT: All equipment now owned or hereafter acquired, including but not limited to, machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop equipment, office and record keeping equipment, parts, and tools. All equipment described in a list or schedule Debtor gives to Secured Party will also be included in the Property, but such a list is not necessary to create or perfect a valid security interest in all of the Debtor's equipment. 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: INVENTORY: All inventory held for ultimate sale or lease, or which has been or will be supplied under contracts or service, or which are raw materials, work in process, or materials used or consumed in Debtor's business. 5. WARRANTIES AND REPRESENTATIONS. I have the right and authority to enter into this Agreement. The execution and delivery of this Agreement will not violate any agreement governing me or to which I am a party. William Isaac Calico is an individual with a principal residence located in Oklahoma. Lindy Kay Calico is an individual with a principal residence located in Oklahoma. I will provide you with at least 30 days notice prior to any change in my name or principal residence location. A. Ownership of Property. I represent that I own all of the Property. Your claim to the Property is ahead of the claims of any other creditor, except as disclosed in writing to you prior to any advance on the Secured Debts. I represent that I am the original owner of the Property and, if I am not, that I have provided you with a list of prior owners of the Property. 6. DUTIES TOWARD PROPERTY. A. 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. I will keep books, records and accounts about the Property and my business in general. I will let you examine these and make copies at any reasonable time. I will prepare any report or accounting you request which deals with the Property. B. Use, Location, and Protection of the Property. I will keep the Property in my possession and in good repair. I will use it only for commercial purposes. I will not change this specified use without your prior written consent. You have the right of reasonable access to inspect the Property and I will immediately inform you of any loss or damage to the Property. I will not cause or permit waste to the Property. I will keep the Property at my address listed in the DATE AND PARTIES section unless we agree I may keep it at another location. If the Property is to be used in other states, I will give you a list of those states. The location of the Property is given to aid in the identification of the Property. It does not in any way limit the scope of the security interest granted to you. I will notify you in writing and obtain your prior written consent to any change in location of any of the Property. I will not use the Property in violation of any law. I will notify you in writing prior to any change in my name or address. Until the Secured Debts are fully paid and this Agreement is terminated, I will not grant a security interest in 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. C. Selling, Leasing or Encumbering the Property. I will not sell, offer to sell, lease, or otherwise transfer or encumber the Property without your prior written permission, except for Inventory sold in the ordinary course of business at fair market value, or at a minimum price established between you and me. If I am in default under this Agreement, I may not sell the Inventory portion of the Property even in the ordinary course of business. Any disposition of the Property contrary to this Agreement will violate your rights. Your permission to sell the Property may be reasonably withheld without regard to the creditworthiness of any buyer or transferee. I will not permit the Property to be the subject of any court order affecting my rights to the Property in any action by anyone other than you. If the Property includes chattel paper or instruments, either as original collateral or as proceeds of the Property, I will note your security interest on the face of the chattel paper or instruments. D. Additional Duties Specific to Accounts. I will not settle any Account for less than its full value without your written permission. Until you tell me otherwise, I will collect all Accounts in the ordinary course of business. I will not dispose of the Accounts by assignment without your prior written consent. I will keep the proceeds from all the Accounts and any goods which are returned to me or which I take back. I will not commingle them with any of my other property. I will deliver the Accounts to you at your request. If you ask me to pay you the full price on any returned items or Items retaken by me, I will do so. I will make no material change in the terms of any Account, and I will give you any statements, reports, certificates, lists of Account Debtors (showing names, addresses and amounts owing), invoices applicable to each Account, and other data in any way pertaining to the Accounts as you may request. 7. 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 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. I acknowledge and agree that you or one of your affiliates may receive commissions on the purchase of this insurance. 8. COLLECTION RIGHTS OF THE SECURED PARTY. Account Debtor means the person who is obligated on an account, chattel paper, or general intangible. I authorize you to notify my Account Debtors of your security interest and to deal with the Account Debtors' obligations at your discretion. You may enforce the obligations of an Account Debtor, exercising any of my rights with respect to the Account Debtors' obligations to make payment or otherwise render performance to me, including the enforcement of any security interest that secures such obligations. You may apply proceeds received from the Account Debtors to the Secured Debts or you may release such proceeds to me. I specifically and irrevocably authorize you to exercise any of the following powers at my expense, without limitation, until the Secured Debts are paid in full: A. demand payment and enforce collection from any Account Debtor or Obligor by suit or otherwise. B. enforce any security interest, lien or encumbrance given to secure the payment or performance of any Account Debtor or any obligation constituting Property. C. file proofs of claim or similar documents in the event of bankruptcy, insolvency or death of any person obligated as an Account Debtor. D. compromise, release, extend, or exchange any indebtedness of an Account Debtor. E. take control of any proceeds of the Account Debtors' obligations and any returned or repossessed goods. F. endorse all payments by any Account Debtor which may come into your possession as payable to me. G. deal in all respects as the holder and owner of the Account Debtors' obligations. 9. AUTHORITY TO PERFORM. I authorize you to do anything you deem reasonably necessary to protect the Property, and perfect and continue your security interest in the Property. If I fail to perform any of my duties under this Agreement or any other Loan Document, you are authorized, without notice to me, to perform the duties or cause them to be performed. These authorizations include, but are not limited to, permission to: A. pay and discharge taxes, liens, security interests or other encumbrances at any time levied or placed on the Property. B. pay any rents or other charges under any lease affecting the Property. C. order and pay for the repair, maintenance and preservation of the Property. D. file any financing statements on my behalf and pay for filing and recording fees pertaining to the Property. E. place a note on any chattel paper indicating your interest in the Property. F. take any action you feel necessary to realize on the Property, including performing any part of a contract or endorsing it in my name. G. handle any suits or other proceedings involving the Property in my name. H. prepare, file, and sign my name to any necessary reports or accountings. I. make an entry on my books and records showing the existence of this Agreement. J. notify any Account Debtor or Obligor of your interest in the Property and tell the Account Debtor or Obligor to make payments to you or someone else you name. If you perform for me, you will use reasonable care. If you exercise the care and follow the procedures that you generally apply to the collection of obligations owed to you, you will be deemed to be using reasonable care. Reasonable care will not include: any steps necessary to preserve rights against prior parties; the duty to send notices, perform services or take any other action in connection with the management of the Property; or the duty to protect, preserve or maintain any security interest given to others by me or other parties. Your authorization to perform for me will not create an obligation to perform and your failure to perform will not preclude you from exercising any other rights under the law or this Loan Agreement. All cash and non-cash proceeds of the Property may be applied by you only upon your actual receipt of cash proceeds against such of the Secured Debts, matured or unmatured, as you determine in your sole discretion. If you come into actual or constructive possession of the Property, you will preserve and protect the Property. For purposes of this paragraph, you will be in actual possession of the Property only when you have physical, immediate and exclusive control over the Property and you have affirmatively accepted that control. You will be in constructive possession of the Property only when you have both the power and the intent to exercise control over the Property. 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. I fail to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against me, Obligor, or any co-signer, endorser, surety or guarantor of this Agreement or any other obligations Obligor has with you. C. Death or Incompetency. I die or am declared legally incompetent. D. Failure to Perform. I fail to perform any condition or to keep any promise or covenant of this Agreement. E. Other Documents. A default occurs under the terms of any other Loan Document. F. Other Agreements. I am in default on any other debt or agreement I have with you. G. Misrepresentation. I make any verbal or written statement or provide any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. I fail to satisfy or appeal any judgment against me. I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. I change my name or assume an additional name without notifying you before making such a change. K. Property Transfer. I transfer all or a substantial part of my money or property. L. Property Value. You determine in good faith that the value of the Property has declined or is impaired. M. Insufficiency. You determine in good faith that a material adverse change has occurred in my financial condition from the conditions set forth in my most recent financial statement before the date of this Agreement or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 11. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this 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. However, if I am in default under this Agreement, I may not sell the inventory portion of the Property even in the ordinary course of business. 12. REMEDIES. After I 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 the Secured Debts 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 Secured Debts. E. Attachment. You may attach or garnish my wages or earnings. F. Assembly of Property. You may require me to gather the Property and make it available to you in a reasonable fashion. G. Repossession. 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 Agreement will be reasonable notice to me under the Oklahoma Uniform Commercial Code. If the Property is perishable or threatens to decline speedily in value, you may, without notice to me, dispose of any or all of the Property in a commercially reasonable manner at my expense following any commercially reasonable preparation or processing (where permitted by law). If any items not otherwise subject to this Agreement are contained in the Property when you take possession, you may hold these items for me at my risk and you will not be liable for taking possession of them (where permitted by law). 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. 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. WAIVER OF CLAIMS. I waive all claims for loss or damage caused by your acts or omissions where you acted reasonably and in good faith. 14. PERFECTION OF SECURITY INTEREST AND COSTS. 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 taxes, fees and costs you pay or incur in connection with preparing, filing or recording any financing statements or other security interest filings on the Property. I agree to pay all actual costs of terminating your security interest. 15. APPLICABLE LAW. This 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. In the event of a dispute, the exclusive forum, venue and place of jurisdiction will be in Oklahoma, unless otherwise required by law. 16. JOINT AND SEVERAL LIABILITY AND SUCCESSORS. Each Debtor's obligations under this Agreement are independent of the obligations of any other Debtor. You may sue each Debtor individually or together with any other Debtor. You may release any part of the Property and I will still be obligated under this Agreement for the remaining Property. Debtor agrees that you and any party to the Agreement may extend, modify or make any change in the terms of this Agreement or any evidence of debt without Debtor's consent. Such a change will not relieve Debtor from the terms of this Agreement. If you assign any of the Secured Debts, you may assign all or any part of this Agreement without notice to me or my consent, and this Agreement will inure to the benefit of your assignee to the extent of such assignment. You will continue to have the unimpeded right to enforce this Agreement as to any of the Secured Debts that are not assigned. This Agreement shall inure to the benefit of and be enforceable by you and your successors and assigns and any other person to whom you may grant an interest in the Secured Debts and shall be binding upon and enforceable against me and my successors and assigns. 17. AMENDMENT, INTEGRATION AND SEVERABILITY. This Agreement may not be amended or modified by oral agreement. No amendment or modification of this Agreement is effective unless made in writing. This Agreement and the other Loan Documents are the complete and final expression of the understanding between you and me. If any provision of this Agreement is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 18. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Agreement. 19. NOTICE AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Debtor will be deemed to be notice to all Debtors. I will inform you in writing of any change in my name, address or other application information. I will provide you any other, correct and complete information you request to effectively grant a security interest on the Property. 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 Agreement and to confirm your lien status on any Property. Time is of the essence. 20. WAIVER OF JURY TRIAL. All of the parties to this Agreement knowingly and intentionally, irrevocably and unconditionally, waive any and all right to a trial by jury in any litigation arising out of or concerning this Agreement or any other Loan Document or related obligation. All of these parties acknowledge that this section has either been brought to their attention by each party's legal counsel or that each party had the opportunity to do so. SIGNATURES. By signing, I agree to the terms contained in this Agreement. I also acknowledge receipt of a copy of this Agreement. DEBTOR: William Isaac Calico Date 7-25-20 Lindy Ray Calico Date 3/25/2020 SECURED PARTY: American Bank of Oklahoma By: Monte R Linihan, SVP Date 3/16/2020 EXHIBIT C <table> <tr> <th>Prior Obligation Information</th> <th>Loan Number</th> <th>ACCT. NUMBER</th> <th>Note Date</th> <th>Credit Limit</th> <th>Maturity Date</th> </tr> <tr> <td></td> <td>24-442600</td> <td></td> <td>03/25/21</td> <td>$50,000.00</td> <td>09/25/21</td> </tr> <tr> <th rowspan="2">Amended Obligation Information</th> <td>Loan Number</td> <td>ACCT. NUMBER</td> <td>Modification Date</td> <td>Credit Limit</td> <td></td> </tr> <tr> <td>24442600</td> <td></td> <td>November 2, 2020</td> <td>$75,000.00</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>10/25/21</td> <td>Wall Street Journal Prime plus 2.750%</td> <td>6.000 %</td> <td>1207687 MRL</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 2, 2020. 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: WILLIAM I CALICO 5281 E 380 Rd Oologah, OK 74053 LINNY CALICO 6281 E 380 Rd Oologah, OK 74063 CALICO AUTOMOTIVE, LLC an Oklahoma Limited Liability Company 12721 S Old Highway 169 Oologah, OK 74053 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 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. Credit Limit. Credit Limit means the maximum amount of principal you will permit me to owe you under this Line of Credit, at any one time. My Credit Limit is stated at the top of this Modification. D. 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, notices, agreements, and this Modification. E. Modification. Modification refers to this Debt Modification Agreement. F. 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 $44,887.71. 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 these 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, amounts advanced from time to time under the terms of the Loan up to the maximum outstanding principal balance of $75,000.00 (Principal), plus interest from the date of disbursement, on the unpaid outstanding Principal balance until the Loan is paid in full and you have no further obligations to make advances to me under the Loan. My Credit Limit has been increased by $25,000.00. B. Maturity and Payments. The maturity and payment provisions are modified to read: (1) PAYMENT. I agree to pay the Loan on demand, but if no demand is made, I agree to pay all accrued interest on the balance outstanding from time to time in regular payments beginning November 25, 2020, then on the same day of each month thereafter. A final payment of the entire unpaid outstanding balance of Principal and interest will be due October 25, 2021. 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. (2) Matruity. The maturity provision is modified to read: (a) Maturity Date. Consistent with our existing periodic payment arrangement, except any scheduled, final payment, I agree that the entire outstanding balance of Principal and accrued interest is due on, or before, October 25, 2021. 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) 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. Ain) 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 8.000 percent of the Amount of Payment or $22.50, whichever is greater. However, this charge will not be greater than $150.00. I will pay this late charge promptly but only once for each late payment. 5. WAIVER. 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. 6. REASON(S) FOR MODIFICATION. Increase RLOC #25,000 for a new amount of $75,000. Add Calico Automotive, LLC as a co-maker. Renew and extend 12 months. Change maturity date from 3/25/2021 to 10/25/2021 7. SIGNATURES. By signing, I agree to the terms contained in this Modification. I also acknowledge receipt of a copy of this Modification. BORROWER: William J Calico Calico Automotive, LLC By William J Calico, Member Lindy Calico, Member LENDER: American Bank of Oklahoma By: ____________________________ Monte R Linihan, SVP EXHIBIT D <table> <tr> <th>LOAN NUMBER</th> <th>LOAN NAME</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>INITIALS</th> </tr> <tr> <td>2444-2800</td> <td>William I Calico</td> <td></td> <td>11/02/20</td> <td>1207867 MRL</td> </tr> <tr> <th>NOTE AMOUNT</th> <th></th> <th>INDEX (w/Margin)</th> <th>RATE</th> <th>MATURITY DATE</th> <th>LOAN PURPOSE</th> </tr> <tr> <td>$75,000.00</td> <td>Wall Street Journal Prime plus</td> <td>2.750%</td> <td>6.000%</td> <td>10/25/21</td> <td>Commercial</td> </tr> </table> PROMISSORY NOTE (Commercial - Revolving Draw) DATE AND PARTIES. The date of this Promissory Note (Note) is November 2, 2020. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 86 Collinsville, OK 74021-0086 Telephone: (918) 371-7300 BORROWER: WILLIAM I CALICO 5281 E 390 Rd Oologah, OK 74053 LINDY CALICO 5201 E 390 Rd Oologah, OK 74053 CALICO AUTOMOTIVE, LLC an Oklahoma Limited Liability Company 12721 S Old Highway 169 Oologah, OK 74053 1. DEFINITIONS. As used in this Note, the terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Note. "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. B. Note. Note refers to this document, and any extensions, renewals, modifications and substitutions of this Note. C. Loan. Loan refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction such as applications, security agreements, disclosures or notes, and this Note. D. Loan Documents. Loan Documents refer to all the documents executed as a part of or in connection with the Loan. E. Property. Property is any property, real, personal or intangible, that secures my performance of the obligations of this Loan. F. Percent. Rates and rate change limitations are expressed as annualized percentages. G. Dollar Amounts. All dollar amounts will be payable in lawful money of the United States of America. 2. 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, amounts advanced from time to time under the terms of this Note up to the maximum outstanding principal balance of $75,000.00 (Principal), plus interest from the date of disbursement, on the unpaid outstanding Principal balance until this Note is paid in full and you have no further obligations to make advances to me under the Loan. On November 2, 2020 I will receive an initial advance of $44,587.71. I may borrow up to the Principal amount more than one time. All advances made will be made subject to all other terms and conditions of the Loan. 3. INTEREST. Interest will accrue on the unpaid Principal balance of this Note at the rate of 6.000 percent [Interest Rate] until November 3, 2020, after which time it may change as described in the Variable Rate subsection. A. Post-Maturity Interest. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Note at the Interest Rate in effect from time to time, until paid in full. B. Maximum Interest Amount. Any amount assessed or collected as interest under the terms of this Note 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. C. Accrual. Interest accrues using an Actual/360 days counting method. D. Variable Rate. The Interest Rate may change during the term of this transaction. (I) Index. Beginning with the first Change Date, the Interest Rate will be based on the following index; the base rate on corporate loans posted by at least 70% of the 10 largest U.S. banks known as the Wall Street Journal U.S. Prime Rate ("Benchmark"). The Benchmark is the most recent index value available on each Change Date. You do not guarantee by selecting this Benchmark, or the Margin, that the Interest Rate on this Note will be the same rate you charge on any other loans or class of loans you make to me or other borrowers. If this index is no longer available, I agree and consent to your selecting a substitute Benchmark and an alternative Margin - all at your sole discretion. You will give the substituted notice of your selection. As used in this subsection, "no longer available" includes, but is not limited to, when a Benchmark is terminated, becomes deregulated, or becomes unacceptable for use by a regulator. If the Benchmark is deemed to be no longer available it will be replaced if any of the following events (each, a "Replacement Event") occur: (i) the administrator, including any successor administrator of the Benchmark, has stopped providing the Benchmark to the general public; (ii) the administrator or its successor issues a public statement indicating that the Benchmark is no longer reliable or representative; or (iii) the effective date of an applicable federal or state law or applicable federal or state regulation that prohibits use of the Benchmark. If a Replacement Event occurs, you will select a new benchmark (the "Replacement Benchmark") and may also select a new margin (the "Replacement Margin"), as follows: (a) If a replacement benchmark and margin has been selected or recommended by the Federal Reserve Board, the Federal Reserve Bank of New York, or a committee endorsed or convened by the Federal Reserve Board or the Federal Reserve Bank of New York at the time of a Replacement Event, you shall select that benchmark and margin as the Replacement Benchmark and Replacement Margin. (b) If (a) is not available at the time of a Replacement Event, you will make a reasonable, good faith effort to select a Replacement Benchmark and a Replacement Margin that, when added together, you reasonably expects will minimize any change in the cost of the loan, taking into account the historical performance of the Benchmark and the Replacement Benchmark. The Replacement Benchmark and Replacement Margin, if any, will be operative immediately upon a Replacement Event and will be used to determine the interest rate and payments on Charge Dates that are more than 30 days after a Replacement Event. The Benchmark and Margin could be replaced more than once during the term of the Note. After a Replacement Event, all references to the "Benchmark" and "Margin" shall be deemed to be references to the "Replacement Benchmark" and "Replacement Margin." You will also give me notice of the Replacement Benchmark and Replacement Margin, if any, such other information required by applicable law and regulation. (2) Change Date. Each date on which the Interest Rate may change is called a Change Date. The Interest Rate may change November 3, 2020 and daily thereafter. (3) Calculation Of Change. On each Change Date you will calculate the Interest Rate, which will be the Benchmark plus 2.750 percent (the “Margin”). Subject to any limitations, this will be the Interest Rate until the next Change Date. The new Interest Rate will become effective on each Change Date. The Interest Rate and other charges on this Note will never exceed the highest rate or charge allowed by law for this Note. (4) Limitations. The Interest Rate charges are subject to the following limitations: (a) Lifetime. The Interest Rate will never be greater than 21.000 percent or less than 5.500 percent. (b) Effect Of Variable Rate. A change in the Interest Rate will have the following effect on the payments: The amount of scheduled payments will change. 4. 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 Note before the scheduled maturity date. Document Preparation. Alin Document Preparation fee of $293.50 payable from separate funds on or before today’s date. 5. 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 Note. A. Late Charge. If a payment is more than 10 days late, I will be charged 6.000 percent of the Amount of Payment or $22.50, whichever is greater. However, this charge will not be greater than $150.00. I will pay this late charge promptly but only once for each late payment. 6. GOVERNING AGREEMENT. This Note is further governed by the Commercial Loan Agreement executed between you and me as a part of this Loan, as modified, amended or supplemented. The Commercial Loan Agreement states the terms and conditions of this Note, including the terms and conditions under which the maturity of this Note may be accelerated. When I sign this Note, I represent to you that I have reviewed and am in compliance with the terms contained in the Commercial Loan Agreement. 7. PAYMENT. I agree to pay this Note on demand, but if no demand is made, I agree to pay all accrued interest on the balance outstanding from time to time in regular payments beginning November 25, 2020, then on the same day of each month thereafter. A final payment of the entire unpaid outstanding balance of Principal and interest will be due October 25, 2021. Payments will be rounded down to the nearest $0.01. With the final payment I also agree to pay any additional fees or charges owed 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. Interest payments will be applied first to any charges I owe other than late charges, then to accrued, but unpaid interest, then to late charges. Principal payments will be applied first to the outstanding Principal balance, then to any late charges. If you and I agree to a different application of payments, we will describe our agreement on this Note. The actual amount of my final payment will depend on my payment record. 8. PREPAYMENT. I may prepay this Loan in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 9. LOAN PURPOSE. The purpose of this Loan is to Establish ROC working capital for a new business. 10. ADDITIONAL TERMS. Increase ROC $25,000 for a new amount of $75,000. Add Calico Automotive, LLC as co-maker. Renew and extend 12 months. Change maturity date from 3/26/2021 to 10/25/2021 11. SECURITY. The Loan is secured by separate security instruments prepared together with this Note as follows: <table> <tr> <th>Document Name</th> <th>Parties to Document</th> </tr> <tr> <td>Security Agreement - William I Calico , Lindy Calico , Calico Automotive, LLC</td> <td>William I Calico , Lindy Calico , Calico Automotive, LLC</td> </tr> </table> 12. LIMITATIONS ON CROSS-COLLATERALIZATION. The Line of Credit 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. 13. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Note 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. However, if I am in default under this Agreement, I may not sell the inventory portion of the Property even in the ordinary course of business. 14. 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. A. Additional Waivers By Borrower. In addition, I, and any party to this Note and Loan, to the extent permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on those actions or based on the status of a party to this Note. (1) You may renew or extend payments on this Note, regardless of the number of such renewals or extensions. (2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. (3) You may release, substituted or impair any Property securing this Note. (4) You, or any institution participating in this Note, may invoke your right of set-off. (5) You may enter into any sales, repurchases or participations of this Note to any person in any amounts and I waive notice of such sales, repurchases or participations. (6) I agree that any of us signing this Note as a Borrower is authorized to modify the terms of this Note or any instrument securing, guaranteeing or relating to this Note. B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist upon my strict performance of any provisions contained in this Note, or any other Loan Document, shall not be construed as a waiver by you, unless any such waiver is in writing and is signed by you. 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. APPLICABLE LAW. This Note 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. In the event of a dispute, the exclusive forum, venue and place of jurisdiction will be in Oklahoma, unless otherwise required by law. 17. JOINT AND SEVERAL LIABILITY AND SUCCESSORS. My obligation to pay the Loan is independent of the obligation of any other person who has also agreed to pay it. You may sue me alone, or anyone else who is obligated on the Loan, or any number of us together, to collect the Loan. Extending the Loan or new obligations under the Loan, will not affect my duty under the Loan and I will still be obligated to pay the Loan. This Note shall inure to the benefit of and be enforceable by you and your successors and assigns and shall be binding upon and enforceable against me and my successors and assigns. 18. AMENDMENT, INTEGRATION AND SEVERABILITY. This Note may not be amended or modified by oral agreement. No amendment or modification of this Note is effective unless made in writing. This Note and the other Loan Documents are the complete and final expression of the agreement. If any provision of this Note is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. No present or future agreement securing any other debt I owe you will secure the payment of the 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. 19. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Note. William I Calico Oklahoma Promissory Note OK/ALSCHUBER000000002375051110220N William Kluwer Financial Services ©1996, 2020 Bankers Systems™ 20. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. 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 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. 21. CREDIT INFORMATION. I agree to supply you with whatever information you reasonably feel you need to decide whether to continue this Loan. You will make requests for this information without undue frequency, and will give me reasonable time in which to supply the information. 22. 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. 23. WAIVER OF JURY TRIAL. All of the parties to this Note knowingly and intentionally, irrevocably and unconditionally, waive any and all right to a trial by jury in any litigation arising out of or concerning this Note or any other Loan Document or related obligation. All of these parties acknowledge that this section has either been brought to the attention of each party's legal counsel or that each party had the opportunity to do so. 24. SIGNATURES. By signing, I agree to the terms contained in this Note. I also acknowledge receipt of a copy of this Note. BORROWER: William I Calico Date 11-3-20 Lindy Calico Date 11/3/20 Calico Automotive, LLC By William I Calico Date 11-3-20 By Lindy Calico, Member Date 11/3/20 LENDER: American Bank of Oklahoma By ____________ Date _______________ Monte H Linihan, SVP EXHIBIT E <table> <tr> <th>PRIOR OBLIGATION INFORMATION</th> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>CREDIT LIMIT</th> <th>MATURITY DATE</th> </tr> <tr> <td></td> <td>24442600</td> <td></td> <td>03/25/20</td> <td>$75,000.00</td> <td>02/25/22</td> </tr> <tr> <th rowspan="2">AMENDED OBLIGATION INFORMATION</th> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>MODIFICATION DATE</th> <th>CREDIT LIMIT</th> </tr> <tr> <td>24442600</td> <td></td> <td>March 18, 2022</td> <td>$75,000.00</td> </tr> <tr> <th></th> <th>MATURITY DATE</th> <th>INDEX (w/margin)</th> <th>INTEREST RATE</th> <th>INITIALS</th> </tr> <tr> <td></td> <td>02/25/23</td> <td>Wall Street Journal Prime plus 2.750%</td> <td>6.000%</td> <td>1207587 MRL</td> </tr> </table> Creditor Use Only DEBT MODIFICATION AGREEMENT DATE AND PARTIES. The date of this Debt Modification Agreement (Modification) is March 18, 2022. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E Main P.O. Box 66 Collinsville, OK 74021-0068 Telephone: (918) 371-7300 BORROWER: WILLIAM ISAAC CALICO 5281 E 390 Rd Oologah, OK 74053 LINDY CALICO 5281 E 390 Rd Oologah, OK 74053 CALICO AUTOMOTIVE, LLC an Oklahoma Limited Liability Company 12721 S Old Highway 169 Oologah, OK 74053 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 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. Credit Limit. Credit Limit means the maximum amount of principal you will permit me to owe you under this Line of Credit, at any one time. My Credit Limit is stated at the top of this Modification. D. 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. E. Modification. Modification refers to this Debt Modification Agreement. F. 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 $75,000.00. 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 on demand, but if no demand is made, I agree to pay all accrued interest on the balance outstanding from time to time in regular payments beginning March 25, 2022, then on the same day of each month thereafter. A final payment of the entire unpaid outstanding balance of Principal and interest will be due February 26, 2023. 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. (2) Maturity. The maturity provision is modified to read: (a) Maturity Date. Consistent with our existing periodic payment arrangement, except any scheduled, final payment, I agree that the entire outstanding balance of Principal and accrued interest is due on, or before, February 25, 2023. 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. AJni 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 $22.50, whichever is greater. However, this charge will not be greater than $150.00. I will pay this late charge promptly but only once for each late payment. 5. WAIVER. 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. 6. REASON(S) FOR MODIFICATION. Renew and extend 12 Months. Change maturity date from 02/25/2022 to 02/26/2023. 7. ADDITIONAL TERMS. Interest due through 2/25/22: $387.50 8. SIGNATURES. By signing, I agree to the terms contained in this Modification. I also acknowledge receipt of a copy of this Modification. BORROWER: William Isaac Calico Date 3-18-22 Lindy Calico Date 3/18/22 Calico Automotive, LLC By William Isaac Calico, Member Date 3-18-22 By Lindy Calico, Member Date 3/18/22 LENDER: American Bank of Oklahoma By [signature] Monte R. Linnihan, SVP Date [signature] EXHIBIT F <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>24442508-</td> <td></td> <td>05/22/20</td> <td>$90,000.00</td> <td>02/25/23</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>24442600</td> <td></td> <td>March 27, 2023</td> <td>$114,630.25</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>04/05/33</td> <td>Wall Street Journal Prime plus 1.500%</td> <td>9.500%</td> <td>1207567 MRL</td> </tr> </table> DEBT MODIFICATION AGREEMENT DATE AND PARTIES. The date of this Debt Modification Agreement (Modification) is March 27, 2023. 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: WILLIAM ISAAC CALICO 5281 E 390 Rd Oologah, OK 74053 LINDY CALICO 5281 E 390 Rd Oologah, OK 74053 CALICO AUTOMOTIVE, LLC an Oklahoma Limited Liability Company 12721 S Old Highway 169 Oologah, OK 74053 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 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 $114,630.25. 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: William Isaac Calico Debt Modification Agreement A. Interest. Our agreement for the payment of interest is modified to read: (1) INTEREST. Interest will accrue on the unpaid Principal balance of the Loan at the rate of 9.500 percent (Interest Rate) until March 27, 2024, after which time it may change as described in the Variable Rate subsection. (a) Variable Rate. The Interest Rate may change during the term of this transaction. (1) Index. Beginning with the first Change Date, the Interest Rate will be based on the following index: the base rate on corporate loans posted by at least 70% of the 10 largest U.S. banks known as the Wall Street Journal U.S. Prime Rate ("the Benchmark"). The Benchmark is the most recent index value available on each Change Date. You do not guaranty by selecting this Benchmark, or the Margin, that the Interest Rate on the Loan will be the same rate you charge on any other loans or class of loans you make to me or other borrowers. If this Index is no longer available, I agree and consent to you selecting a substitute Benchmark and an alternative Margin - all at your sole discretion. You will give me advance notice of your selection. As used in this subsection, "no longer available" includes, but is not limited to: when a Benchmark is terminated, becomes deregulated, or becomes unacceptable for use by a regulator. If the Benchmark is deemed to be no longer available it will be replaced if any of the following events (each, a "Replacement Event") occur: (i) the administrator, including any successor administrator of the Benchmark, has stopped providing the Benchmark to the general public; (ii) the administrator or its regulator issues a public statement indicating that the Benchmark is no longer reliable or representative; or (iii) the effective date of an applicable federal or state law, or applicable federal or state regulation that prohibits use of the Benchmark. If a Replacement Event occurs, you will select a new benchmark (the "Replacement Benchmark") and may also select a new margin (the "Replacement Margin"), as follows: (a) If a replacement benchmark and margin has been selected or recommended by the Federal Reserve Board, the Federal Reserve Bank of New York, or a committee endorsed or convened by the Federal Reserve Board or the Federal Reserve Bank of New York at the time of a Replacement Event, you shall select that benchmark and margin as the Replacement Benchmark and Replacement Margin. (b) If (a) is not available at the time of a Replacement Event, you will make a reasonable, good faith effort to select a Replace Benchmark and a Replacement Margin that, when added together, you reasonably expects will minimize any change in the cost of the loan, taking into account the historical performance of the Benchmark and the Replacement Benchmark. The Replacement Benchmark and Replacement Margin, if any, will be operative immediately upon a Replacement Event and will be used to determine the interest rate and payments on Change Dates that are more than 30 days after a Replacement Event. The Benchmark and Margin could be replaced more than once during the term of the Note. After a Replacement Event, all references to the "Benchmark" and "Margin" shall be deemed to be references to the "Replacement Benchmark" and "Replacement Margin." You will also give me notice of the Replacement Benchmark and Replacement Margin, if any, and such other information required by applicable law and regulation. (2) Change Date. Each date on which the Interest Rate may change is called a Change Date. The Interest Rate may change March 27, 2024 and every 12 months thereafter. (3) Calculation Of Change. On each Change Date you will calculate the Interest Rate, which will be the Benchmark plus 1.500 percent (the "Margin"). Subject to any limitations, this will be the Interest Rate until the next Change Date. The new Interest Rate will become effective on each Change Date. The Interest Rate and other charges on the Loan will never exceed the highest rate or charge allowed by law for the Loan. (4) Limitations. The Interest Rate changes are subject to the following limitations: Lifetime. The Interest Rate will never be greater than 21.000 percent or less than 5.500 percent. (5) Effect Of Variable Rate. A change in the Interest Rate will have the following effect on the payments: The amount of scheduled payments will change. B. Maturity and Payments. The maturity and payment provisions are modified to read: (1) PAYMENT. I agree to pay the Loan on demand, but if no demand is made, I agree to pay the Loan in 120 payments. A payment of $1,495.79 will be due May 5, 2023, and on the 5th day of each month thereafter. I will make 12 scheduled payments of this amount. The scheduled payment amount may then change every 12 payments thereafter. Changes in the Interest Rate will not affect the scheduled payment amount during these periods. With each scheduled payment change the payment amount will be adjusted to reflect changes in the Interest Rate during the remaining term of the Loan. In addition, changes to the scheduled payment amounts are subject to changes in the Interest Rate as described in the loan documents executed with the Prior Obligation. A final payment of the entire unpaid balance of Principal and interest will be due April 5, 2033. 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) 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. Loan Processing Fee. A(n) Loan Processing Fee fee of $293.50 payable from separate funds on or before today's date. Flood Insurance Monitoring Charge. A(n) Flood Insurance Monitoring Charge fee of $13.00 payable from separate funds on or before today's date. UCC. A(n) UCC fee of $20.00 payable from separate funds on or before today's date. Recording - Mortgage. A(n) Recording - Mortgage fee of $41.00 payable from separate funds on or before today's date. City/County Tax Stamps - Mortgage. A(n) City/County Tax Stamps - Mortgage fee of $115.11 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 $22.50, whichever is greater. However, this charge will not be greater than $150.00. I will pay this late charge promptly but only once for each late payment. D. Insurance. I understand and agree that any insurance premiums paid to insurance companies as part of this Amended Obligation will involve money retained or paid to you as commissions or other remuneration. (1) Flood Insurance. Flood insurance is not required at this time. It may be required in the future should the property be included in an updated flood plain map. If required in the future, I may obtain flood insurance from anyone I want that is reasonably acceptable to you. 5. WAIVER. 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. 6. REASON(S) FOR MODIFICATION. Take this loan off of RLOC and renew for 10 years, combine loan 24442800 with this one. Extend maturity date from 2/25/2023 to 4/05/2033. Adjust rate from WSJP + 2.75% to WSJP + 1.5% adjusting annually. Add abundance of caution mortgage on property located at 12721 S Old Hwy 169, Oologah, OK 74083. 7. ADDITIONAL TERMS. Additional funds due at time of signing: Interest on loan #24442500 as of 3/27/2023 - $185.24 Interest on loan #24442800 as of 3/27/2023 - $524.55 Late fees on loan #24442800 - $214.09 8. SIGNATURES. By signing, I agree to the terms contained in this Modification. I also acknowledge receipt of a copy of this Modification. BORROWER: William Isaac Calico Date 3-30-23 Lindy Calico Date 3130123 Calico Automotive, LLC By William Isaac Calico, Member Date 3-30-23 By Lindy Calico, Member Date 3130123 LENDER: American Bank of Oklahoma By Monte R Linnhan, EVP Date 3/30/2023 EXHIBIT G <table> <tr> <th>LOAN NUMBER</th> <th>LOAN NAME</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>INITIALS</th> </tr> <tr> <td rowspan="2">24442600</td> <td>William Isaac Calico</td> <td></td> <td>03/27/23</td> <td>1207567 NRL</td> </tr> <tr> <td>NOTE AMOUNT INDEX (w/Margin)</td> <td></td> <td></td> <td></td> </tr> <tr> <td rowspan="2">$114,830.25</td> <td>Wall Street Journal Prime plus</td> <td>8.800%</td> <td>04/05/33</td> <td>Commercial</td> </tr> <tr> <td>1.600%</td> <td></td> <td></td> <td></td> </tr> </table> Creditor Use Only PROMISSORY NOTE: (Commercial - Single Advance) DATE AND PARTIES. The date of this Promissory Note (Note) is March 27, 2023. 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: WILLIAM ISAAC CALICO 5281 E 390 Rd Oologah, OK 74053 LINDY CALICO 5281 E 390 Rd Oologah, OK 74053 CALICO AUTOMOTIVE, LLC an Oklahoma Limited Liability Company 12721 S Old Highway 168 Oologah, OK 74053 1. DEFINITIONS. As used in this Note, the terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Note. "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. B. Note. Note refers to this document, and any extensions, renewals, modifications and substitutions of this Note. C. Loan. Loan refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction such as applications, security agreements, disclosures or notes, and this Note. D. Loan Documents. Loan Documents refer to all documents executed as a part of or in connection with the Loan. E. Property. Property is any property, real, personal or intangible, that secures my performance of the obligations of this Loan. F. Percent. Rates and rate change limitations are expressed as annualized percentages. G. Dollar Amounts. All dollar amounts will be payable in lawful money of the United States of America. 2. REFINANCING. This Note 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>May 22, 2020</td> <td># 24442500</td> <td>$80,000.00</td> </tr> <tr> <td>March 25, 2020</td> <td># 24442600</td> <td>$75,000.00</td> </tr> </table> The remaining balance of all notes listed in the table above is $114,830.25. 3. 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 $114,830.25 [Principal] plus interest from March 27, 2023 on the unpaid Principal balance until this Note matures or this obligation is accelerated. 4. INTEREST. Interest will accrue on the unpaid Principal balance of this Note at the rate of 9.500 percent (Interest Rate) until March 27, 2024, after which time it may change as described in the Variable Rate subsection. A. Post-Maturity Interest. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Note at the Interest Rate in effect from time to time, until paid in full. B. Maximum Interest Amount. Any amount assessed or collected as interest under the terms of this Note 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. C. Accrual. Interest accrues using an Actual/360 days counting method. D. Variable Rate. The Interest Rate may change during the term of this transaction. (1) Index. Beginning with the first Change Date, the Interest Rate will be based on the following index: the base rate on corporate loans posted by at least 70% of the 10 largest U.S. banks known as the Wall Street Journal U.S. Prime Rate (the "Benchmark"). The Benchmark is the most recent index value available on each Change Date. You do not guaranty by selecting this Benchmark, or the Margin, that the Interest Rate on this Note will be the same rate you charge on any other loan or class of loans you make to me or other borrowers. If this index is no longer available, I agree and consent to you selecting a substitute benchmark and an alternative Margin - all at your sole discretion. You will give me advance notice of your selection. As used in this subsection, "no longer available" includes, but is not limited to, when a Benchmark is terminated, becomes deregulated, or becomes unacceptable for use by a regulator. If the Benchmark is deemed to be no longer available it will be replaced if any of the following events (each, a "Replacement Event") occur: (i) the administrator, including any successor administrator of the Benchmark, has stopped providing the Benchmark to the general public; (ii) the administrator or its regulator issues a public statement indicating that the Benchmark is no longer reliable or representative; or (iii) the effective date of an applicable federal or state law, or applicable federal or state regulation that prohibits use of the Benchmark. If a Replacement Event occurs, you will select a new benchmark (the "Replacement Benchmark") and may also select a new margin (the "Replacement Margin"), as follows: (a) If a replacement benchmark and margin has been selected or recommended by the Federal Reserve Board, the Federal Reserve Bank of New York, or a committee endorsed or convened by the Federal Reserve Board or the Federal Reserve Bank of New York at the time of a Replacement Event, you shall select that benchmark and margin as the Replacement Benchmark and Replacement Margin. (b) If (a) is not available at the time of a Replacement Event, you will make a reasonable, good faith effort to select a Replacement Benchmark and a Replacement Margin that, when added together, you reasonably expects will minimize any change in the cost of the loan, taking into account the historical performance of the Benchmark and the Replacement Benchmark. The Replacement Benchmark and Replacement Margin, if any, will be operative immediately upon a Replacement Event and will be used to determine the interest rate and payments on Change Dates that are more than 30 days after a Replacement Event. The Benchmark and Margin could be replaced more than once during the term of the Note. After a Replacement Event, all references to the “Benchmark” and “Margin” shall be deemed to be references to the “Replacement Benchmark” and “Replacement Margin.” You will also give me notice of the Replacement Benchmark and Replacement Margin, if any, and such other information required by applicable law and regulation. (2) Change Date. Each date on which the Interest Rate may change is called a Change Date. The Interest Rate may change March 27, 2024 and every 12 months thereafter. (3) Calculation Of Change. On each Change Date you will calculate the Interest Rate, which will be the Benchmark plus 1,500 percent (the “Margin”). Subject to any limitations, this will be the Interest Rate until the next Change Date. The new Interest Rate will become effective on each Change Date. The Interest Rate and other charges on this Note will never exceed the highest rate or charge allowed by law for this Note. (4) Limitations. The Interest Rate changes are subject to the following limitations: (a) Lifetime. The Interest Rate will never be greater than 21,000 percent or less than 5,800 percent. (b) Effect Of Variable Rate. A change in the Interest Rate will have the following effect on the payments: The amount of scheduled payments will change. 5. 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 Note before the scheduled maturity date. Loan Processing Fee. A(n) Loan Processing Fee fee of $223.50 payable from separate funds on or before today’s date. Flood Insurance Monitoring Charge. A(n) Flood Insurance Monitoring Charge fee of $13.00 payable from separate funds on or before today’s date. UCC. A(n) UCC fee of $20.00 payable from separate funds on or before today’s date. Recording - Mortgage. A(n) Recording - Mortgage fee of $41.00 payable from separate funds on or before today’s date. City/County Tax Stamps - Mortgage. A(n) City/County Tax Stamps - Mortgage fee of $15.11 payable from separate funds on or before today’s date. 6. 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 Note. 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 $22.80, whichever is greater. However, this charge will not be greater than $150.00. I will pay this late charge promptly but only once for each late payment. 7. GOVERNING AGREEMENT. This Note is further governed by the Commercial Loan Agreement executed between you and me as a part of this Loan, as modified, amended or supplemented. The Commercial Loan Agreement states the terms and conditions of this Note, including the terms and conditions under which the maturity of this Note may be accelerated. When I sign this Note, I represent to you that I have reviewed and am in compliance with the terms contained in the Commercial Loan Agreement. 8. PAYMENT. I agree to pay this Note on demand, but if no demand is made, I agree to pay this Note in 120 payments. A payment of $1,495.79 will be due May 5, 2033, and on the 5th day of each month thereafter. I will make 12 scheduled payments of this amount. The scheduled payment amount may then change every 12 payments thereafter. Changes in the Interest Rate will not affect the scheduled payment amount during these periods. With each scheduled payment change the payment amount will be adjusted to reflect changes in the Interest Rate during the remaining term of this Note. In addition, changes to the scheduled payment amounts are subject to changes in the Interest Rate as described in the Variable Rate subsection of this Note. A final payment of the entire unpaid balance of Principal and interest will be due April 5, 2033. 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 or fees 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 Note will be applied first to interest that is due, then to principal that is due, and finally to late charges that are due. If you and I agree to a different application of payments, we will describe our agreement on this Note. You may change how payments are applied at your sole discretion without notice to me. The actual amount of my final payment will depend on my payment record. 9. PREPAYMENT. I may prepay this Loan in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 10. LOAN PURPOSE. The purpose of this Loan is to Establish RLOC for Working Capital of a new business. 11. SECURITY. The Loan is secured by separate security instruments prepared together with this Note as follows: Document Name Parties to Document Security Agreement - William Isaac Calico , Lindy Calico , William Isaac Calico , Lindy Calico , Calico Automotive, LLC Calico Automotive, LLC Mortgage - 12721 S Old Hwy 169, Oologah, OK 74063 William Isaac Calico , Lindy Calico , Calico Automotive, LLC 12. LIMITATIONS ON CROSS-COLLATERALIZATION. 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. 13. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Note 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. However, if I am in default under this Agreement, I may not sell the inventory portion of the Property even in the ordinary course of business. 14. 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. A. Additional Waivers By Borrower. In addition, I, and any party to this Note and Loan, 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 Note. (1) You may renew or extend payments on this Note, regardless of the number of such renewals or extensions. (2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. (3) You may release, substitute or impair any Property securing this Note. (4) You, or any institution participating in this Note, may invoke your right of set-off. (5) You may enter into any sales, repurchases or participations of this Note to any person in any amounts and I waive notice of such sales, repurchases or participations. (6) I agree that any of us signing this Note as a Borrower is authorized to modify the terms of this Note or any instrument securing, guaranteeing or relating to this Note. B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist upon my strict performance of any provisions contained in this Note, or any other Loan Document, shall not be construed as a waiver by you, unless any such waiver is in writing and is signed by you. 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. APPLICABLE LAW. This Note 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. 17. JOINT AND SEVERAL LIABILITY AND SUCCESSORS. My obligation to pay the Loan is independent of the obligation of any other person who has also agreed to pay it. You may sue me alone, or anyone else who is obligated on the Loan, or any number of us together, to collect the Loan. Extending the Loan or new obligations under the Loan, will not affect my duty under the Loan and I will still be obligated to pay the Loan. This Note shall inure to the benefit of and be enforceable by you and your successors and assigns and shall be binding upon and enforceable against me and my successors and assigns. William Isaac Calico Oklahoma Promissory Note OK4XKMMILLER0000000002973074032723N 18. AMENDMENT, INTEGRATION AND SEVERABILITY. This Note may not be amended or modified by oral agreement. No amendment or modification of this Note is effective unless made in writing. This Note and the other Loan Documents are the complete and final expression of the agreement. If any provision of this Note is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still 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 XI) 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. 19. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Note. 20. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. 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 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. 21. CREDIT INFORMATION. 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. 22. 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. 23. WAIVER OF JURY TRIAL. All of the parties to this Note knowingly and intentionally, irrevocably and unconditionally, waive any and all right to a trial by jury in any litigation arising out of or concerning this Note or any other Loan Document or related obligation. All of these parties acknowledge that this section has either been brought to the attention of each party's legal counsel or that each party had the opportunity to do so. 24. SIGNATURES. By signing, I agree to the terms contained in this Note. I also acknowledge receipt of a copy of this Note. BORROWER: William Isaac Calico Date 3-30-23 Lindy Calico Date 3130123 Calico Automotive, LLC LENDER: American Bank of Oklahoma By ____________ Date 3/30/2003 Mons R Linihan, SVP EXHIBIT H Space Above This Line For Recording Data When recorded return to Loan Department, American Bank of Oklahoma, P.O. Box 66, Collinsville, OK 74021 MORTGAGE DATE AND PARTIES. The date of this Mortgage (Security Instrument) is March 27, 2023. The parties and their addresses are: MORTGAGOR: WILLIAM ISAAC CALICO Spouse of Lindy Calico 5281 E 390 Rd Oologah, OK 74053 LINDY CALICO Spouse of William Isaac Calico 5281 E 390 Rd Oologah, OK 74053 CALICO AUTOMOTIVE, LLC An Oklahoma Limited Liability Company 12721 S Old Highway 169 Oologah, OK 74053 LENDER: AMERICAN BANK OF OKLAHOMA Organized and existing under the laws of Oklahoma 200 E. Main P.O. Box 66 Collinsville, OK 74021-0066 1. DEFINITIONS. For the purposes of this document, the following term has the following meaning. A. Loan. "Loan" refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction. 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Mortgagor's performance under this Security Instrument, Mortgagor does hereby grant, bargain, convey, sell and mortgage to Lender, with the power of sale, the following described property: Lot 1 and the West 139.72 feet of Lot 2 in Block 1 of COYOTE POINT INDUSTRIAL PARK, a Subdivision in Rogers County, Oklahoma, according to the recorded Plat thereof. The property is located in Rogers County at 12721 S Old Hwy 169, Oologah, Oklahoma 74053. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber including timber to be cut now or at any time in the future, all diversion payments or third party payments made to crop producers, all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however established. This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 24442600, dated March 27, 2023, from Mortgagor to Lender, with a loan amount of $114,630.25 and maturing on April 5, 2033. B. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. LIMITATIONS ON CROSS-COLLATERALIZATION. The Loan is not secured by a previously executed security instrument if Lender fails to fulfill any necessary requirements or fails to conform to any limitations of the Truth in Lending Act, (Regulation Z), that are required for loans secured by the Property. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor covenants that Mortgagor is lawfully seized of the estate conveyed by this Mortgage and has the right to grant, bargain, convey, sell, and mortgage, with the power of sale, the Property and warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt 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. 10. WARRANTIES AND REPRESENTATIONS. Mortgagor makes to Lender the following warranties and representations which will continue as long as this Security Instrument is in effect: A. Power. Mortgagor is duly organized, and validly existing and in good standing in all jurisdictions in which Mortgagor operates. Mortgagor has the power and authority to enter into this transaction and to carry on Mortgagor's business or activity as it is now being conducted and, as applicable, is qualified to do so in each jurisdiction in which Mortgagor operates. B. Authority. The execution, delivery and performance of this Security Instrument and the obligation evidenced by this Security Instrument are within Mortgagor's powers, have been duly authorized, have received all necessary governmental approval, will not violate any provision of law, or order of court or governmental agency, and will not violate any agreement to which Mortgagor is a party or to which Mortgagor is or any of Mortgagor's property is subject. C. Name and Place of Business. Other than previously disclosed in writing to Lender, Mortgagor has not changed Mortgagor's name or principal place of business within the last 10 years and has not used any other trade or fictitious name. Without Lender's prior written consent, Mortgagor does not and will not use any other name and will preserve Mortgagor's existing name, trade names and franchises. 11. PROPERTY CONDITION, ALTERATIONS, INSPECTION, VALUATION AND APPRAISAL. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Mortgagor will not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time and frequency for the purpose of inspecting, valuating, or appraising the Property. Lender will give Mortgagor notice at the time of or before an on-site inspection, valuation, or appraisal for on-going due diligence or otherwise specifying a reasonable purpose. Any inspection, valuation or appraisal of the Property will be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection, valuation or appraisal for its own purpose, except as otherwise provided by law. 12. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 13. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, conveys and mortgages to Lender as additional security all the right, title and interest in the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and profits, including but not limited to security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Mortgagor will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. When Lender so directs, Mortgagor will endorse and deliver any payments of Rents from the Property to Lender. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender and effective as to third parties on the Mortgagor's default when Lender takes the affirmative action required by the law where the Property is located. Amounts collected will be applied at Lender's discretion to the Secured Debts, the cost of managing, protecting and preserving the Property, and other necessary expenses. This Security Instrument does not apply when it secures an extension of credit related to a consumer loan or made primarily for an agricultural purpose where Mortgagor is either a natural person or a farm or ranching business corporation. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. This section does not secure any extension of credit made primarily for personal, family or household purposes. 14. DEFAULT. Mortgagor will be in default if any of the following events (known separately and collectively as an Event of Default) occur: A. Payments. Mortgagor fails to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Mortgagor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender. C. Death or Incompetency. Mortgagor dies or is declared legally incompetent. D. Business Termination. Mortgagor merges, dissolves, reorganizes, ends its business or existence, or a partner or majority owner dies or is declared legally incompetent. E. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant of this Security Instrument. F. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. G. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender. H. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. I. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor. J. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. K. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name without notifying Lender before making such a change. L. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. M. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired. N. Material Change. Without first notifying Lender, there is a material change in Mortgagor's business, including ownership, management, and financial conditions. O. Insecurity. Lender determines in good faith that a material adverse change has occurred in Mortgagor's financial condition from the conditions set forth in Mortgagor's most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 15. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all remedies Lender has under state or federal law or in any document relating to the Secured Debts, including without limitation, the power to sell the Property. Any amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Mortgagor's default. Subject to any right to cure, required time schedules or any other notice rights Mortgagor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of an Event of Default or anytime thereafter. ACKNOWLEDGMENT. [Signature] OF [City, OK] OF [County, OK] ss. This instrument was acknowledged before me this 27th day of March 2023 by William Isaac Calico, spouse of Lindy Calico, and Lindy Calico, spouse of William Isaac Calico. My commission expires: ____________________________ Commission number: ____________________________ (Notary Public) [Signature] OF [City, OK] OF [County, OK] ss. This instrument was acknowledged before me this 27th day of March 2023 by William Isaac Calico and Lindy Calico as Member and Member of Calico Automotive, LLC. My commission expires: ____________________________ Commision number: ____________________________ (Notary Public) EXHIBIT I SECURITY AGREEMENT DATE AND PARTIES. The date of this Security Agreement (Agreement) is March 27, 2023. The parties and their addresses are: SECURED PARTY: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 68 Collinsville, OK 74021-0068 DEBTOR: WILLIAM ISAAC CALICO 5281 E 390 Rd Cologah, OK 74053 LINDY CALICO 5281 E 390 Rd Cologah, OK 74053 CALICO AUTOMOTIVE, LLC an Oklahoma Limited Liability Company 12721 S Old Highway 169 Cologah, OK 74053 Definitions. For the purposes of this document, the following terms have the following meanings. "Loan" refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction. The pronouns "you" and "your" refer to the Secured Party. The pronouns "I," "me" and "my" refer to each person or entity signing this Agreement as Debtor and agreeing to give the Property described in this Agreement as security for the Secured Debts. 1. SECURED DEBTS. The term "Secured Debts" includes and this Agreement will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 2444.2600, dated March 27, 2023, from me to you, in the amount of $114,630.25. B. Sums Advanced. All sums advanced and expenses incurred by you under the terms of this Agreement. Loan Documents refer to all the documents executed in connection with the Secured Debts. 2. LIMITATIONS ON CROSS-COLLATERALIZATION. 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. 3. 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 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 accretions to the Property). Property is all the collateral given as security for the Secured Debts and described in this 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. This 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. 4. PROPERTY DESCRIPTION. The Property is described as follows: A. Specific Property - ACCOUNTS AND RECEIVABLES AND OTHER RIGHTS TO PAYMENT: All rights to payment, whether or not earned by performance, including, but not limited to, payment for property or services sold, leased, rented, licensed, or assigned. This includes any rights and interest (including all liens), which Debtor may have by law or agreement against any account debtor or obligor of Debtor. All of the following which Debtor owns now or in the future, together with all parts, accessories, repairs, replacements, improvements, and accretions, and wherever located: EQUIPMENT: All equipment now owned or hereafter acquired, including but not limited to, machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop equipment, office and record keeping equipment, parts, and tools. All equipment described in a list or schedule Debtor gives to Secured Party will also be included in the Property, but such a list is not necessary to create or perfect a valid security interest in all of the Debtor's equipment. All of the following which Debtor owns now or in the future, together with all parts, accessories, repairs, replacements, improvements, and accretions, and wherever located: INVENTORY: All inventory held for ultimate sale or lease, or which has been or will be supplied under contracts or service, or which are raw materials, work in process, or materials used or consumed in Debtor's business. 5. WARRANTIES AND REPRESENTATIONS. I make to you the following warranties and representations which will continue as long as this Agreement is in effect: A. Power. I am duly organized, and validly existing and in good standing in all jurisdictions in which I operate. I have the power and authority to enter into this transaction and to carry on my business or activity as it is now being conducted and, as applicable, am qualified to do so in each jurisdiction in which I operate. B. Authority. The execution, delivery and performance of this Agreement and the obligation evidenced by this Agreement are within my powers, have been duly authorized, have received all necessary governmental approval, will not violate any provision of law, or order of court or governmental agency, and will not violate any agreement to which I am a party or to which I am or any of my property is subject. C. Name and Location. My name indicated in the DATE AND PARTIES section is my exact legal name. William Isaac Calico is an individual with a principal residence located in Oklahoma. Linda Calico is an individual with a principal residence located in Oklahoma. Calico Automotive, LLC is an organization registered under the laws of 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. D. Business Name. Other than previously disclosed in writing to you I have not changed my name or principal place of business within the last 10 years and have not used any other trade or fictitious name. Without your prior written consent, I do not and will not use any other name and will preserve my existing name, trade names and franchises. E. Ownership of Property. I represent that I own all of the Property. Your claim to the Property is ahead of the claims of any other creditor, except as disclosed in writing to you prior to any advance on the Secured Debts. I represent that I am the original owner of the Property and, if I am not, that I have provided you with a list of prior owners of the Property. 6. DUTIES TOWARD PROPERTY. A. 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. I will keep books, records and accounts about the Property and my business in general. I will let you examine these and make copies at any reasonable time. I will prepare any report or accounting you request which deals with the Property. B. Use, Location, and Protection of the Property. I will keep the Property in my possession and in good repair. I will use it only for commercial purposes. I will not change this specified use without your prior written consent. You have the right of reasonable access to inspect the Property and I will immediately inform you of any loss or damage to the Property. I will not cause or permit waste to the Property. I will keep the Property at my address listed in the DATE AND PARTIES section unless we agree I may keep it at another location. If the Property is to be used in other states, I will give you a list of those states. The location of the Property is given to aid in the identification of the Property. It does not in any way limit the scope of the security interest granted to you. I will notify you in writing and obtain your prior written consent to any change in location of any of the Property. I will not use the Property in violation of any law. I will notify you in writing prior to any change in my address, name or, if an organization, any change in my identity or structure. Until the Secured Debts are fully paid and this Agreement is terminated, I will not grant a security interest in 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. C. Selling, Leasing or Encumbering the Property. I will not sell, offer to sell, lease, or otherwise transfer or encumber the Property without your prior written permission, except for inventory sold in the ordinary course of business at fair market value, or at a minimum price established between you and me. If I am in default under this Agreement, I may not sell the inventory portion of the Property even in the ordinary course of business. Any disposition of the Property contrary to this Agreement will violate your rights. Your permission to sell the Property may be reasonably withheld without regard to the creditworthiness of any buyer or transferee. I will not permit the Property to be the subject of any court order affecting my rights to the Property in any action by anyone other than you. If the Property includes chattel paper or instruments, either as originals collateral or as proceeds of the Property, I will note your security interest on the face of the chattel paper or instruments. D. Additional Duties Specific to Accounts. I will not settle any Account for less than its full value without your written permission. Until you tell me otherwise, I will collect all Accounts in the ordinary course of business. I will not dispose of the Accounts by assignment without your prior written consent. I will keep the proceeds from all the Accounts and any goods which are returned to me or which I take back. I will not commingle them with any of my other property. I will deliver the Accounts to you at your request. If you ask me to pay you the full price on any returned items or items retaken by me, I will do so. I will make no material change in the terms of any Account, and I will give you any statements, reports, certificates, lists of Account Debtors (showing names, addresses and amounts owing), invoices applicable to each Account, and other data in any way pertaining to the Accounts as you may request. 7. 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 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. I acknowledge and agree that you or one of your affiliates may receive commissions on the purchase of this insurance. 8. COLLECTION RIGHTS OF THE SECURED PARTY. Account Debtor means the person who is obligated on an account, chattel paper, or general intangible. I authorize you to notify my Account Debtors of your security interest and to deal with the Account Debtors' obligations at your discretion. You may enforce the obligations of an Account Debtor, exercising any of my rights with respect to the Account Debtors' obligations to make payment or otherwise render performance to me, including the enforcement of any security interest that secures such obligations. You may apply proceeds received from the Account Debtors to the Secured Debts or you may release such proceeds to me. I specifically and irrevocably authorize you to exercise any of the following powers at my expense, without limitation, until the Secured Debts are paid in full: A. demand payment and enforce collection from any Account Debtor or Obligor by suit or otherwise. B. enforce any security interest, lien or encumbrance given to secure the payment or performance of any Account Debtor or any obligation constituting Property. C. file proofs of claim or similar documents in the event of bankruptcy, insolvency or death of any person obligated as an Account Debtor. D. compromise, release, extend, or exchange any indebtedness of an Account Debtor. E. take control of any proceeds of the Account Debtors' obligations and any retained or repossessed goods. F. endorse all payments by any Account Debtor which may come into your possession as payable to me. G. deal in all respects as the holder and owner of the Account Debtors' obligations. 9. AUTHORITY TO PERFORM. I authorize you to do anything you deem reasonably necessary to protect the Property, and perfect and continue your security interest in the Property. If I fail to perform any of my duties under this Agreement or any other Loan Document, you are authorized, without notice to me, to perform the duties or cause them to be performed. These authorizations include, but are not limited to, permission to: A. pay and discharge taxes, liens, security interests or other encumbrances at any time levied or placed on the Property. B. pay any rents or other charges under any lease affecting the Property. C. order and pay for the repair, maintenance and preservation of the Property. D. file any financing statements on my behalf and pay for filing and recording fees pertaining to the Property. E. place a note or any chattel paper indicating your interest in the Property. F. take any action you feel necessary to realize on the Property, including performing any part of a contract or endorsing it in my name. G. handle any suits or other proceedings involving the Property in my name. H. prepare, file, and sign my name to any necessary reports or accountings. I. make an entry on my books and records showing the existence of this Agreement. J. notify any Account Debtor or Obligor of your interest in the Property and tell the Account Debtor or Obligor to make payments to you or someone else you name. If you perform for me, you will use reasonable care. If you exercise the care and follow the procedures that you generally apply to the collection of obligations owed to you, you will be deemed to be using reasonable care. Reasonable care will not include: any steps necessary to preserve rights against prior parties; the duty to send notices; perform services or take any other action in connection with the management of the Property; or the duty to protect, preserve or maintain any security interest given to others by me or other parties. Your authorization to perform for me will not create an obligation to perform and your failure to perform will not preclude you from exercising any other rights under the law or this Loan Agreement. All cash and non-cash proceeds of the Property may be applied by you only upon your actual receipt of cash proceeds against such of the Secured Debts, matured or unmatured, as you determine in your sole discretion. If you come into actual or constructive possession of the Property, you will preserve and protect the Property. For purposes of this paragraph, you will be in actual possession of the Property only when you have physical, immediate and exclusive control over the Property and you have affirmatively accepted that control. You will be in constructive possession of the Property only when you have both the power and the intent to exercise control over the Property. 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. I fail to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against me, Obligor, or any co-signer, endorser, surety or guarantor of this Agreement or any other obligations Obligor has with you. C. Death or Incompetency. I die or am declared legally incompetent. D. Business Termination. I merge, dissolve, reorganize, end my business or existence, or a partner or majority owner dies or is declared legally incompetent. E. Failure to Perform. I fail to perform any condition or to keep any promise or covenant of this Agreement. F. Other Documents. A default occurs under the terms of any other Loan Document. G. Other Agreements. I am in default on any other debt or agreement I have with you. H. Misrepresentation. I make any verbal or written statement or provide any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. I. Judgment. I fail to satisfy or appeal any judgment against me. J. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. K. Name Change. I change my name or assume an additional name without notifying you before making such a change. L. Property Transfer. I transfer all or a substantial part of my money or property. M. Property Value. You determine in good faith that the value of the Property has declined or is impaired. N. Material Change. Without first notifying you, there is a material change in my business, including ownership, management, and financial conditions. O. Insecurity. You determine in good faith that a material adverse change has occurred in my financial condition from the conditions set forth in my most recent financial statement before the date of this Agreement or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 11. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this 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. However, if I am in default under this Agreement, I may not sell the inventory portion of the Property even in the ordinary course of business. 12. REMEDIES. After I 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 the Secured Debts 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 Secured Debts. E. Attachment. You may attach or garnish my wages or earnings. F. Assembly of Property. You may require me to gather the Property and make it available to you in a reasonable fashion. G. Repossession. 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 Agreement will be reasonable notice to me under the Oklahoma Uniform Commercial Code. If the Property is perishable or threatens to decline speedily in value, you may, without notice to me, dispose of any or all of the Property in a commercially reasonable manner at my expense following any commercially reasonable preparation or processing (where permitted by law). If any items not otherwise subject to this Agreement are contained in the Property when you take possession, you may hold these items for me at my risk and you will not be liable for taking possession of them (where permitted by law). 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. 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. WAIVER OF CLAIMS. I waive all claims for loss or damage caused by your acts or omissions where you acted reasonably and in good faith. 14. PERFECTION OF SECURITY INTEREST AND COSTS. 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 taxes, fees and costs you pay or incur in connection with preparing, filing or recording any financing statements or other security interest filings on the Property. I agree to pay all actual costs of terminating your security interest. 15. APPLICABLE LAW. This 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. In the event of a dispute, the exclusive forum, venue and place of jurisdiction will be in Oklahoma, unless otherwise required by law. 16. JOINT AND SEVERAL LIABILITY AND SUCCESSORS. Each Debtor's obligations under this Agreement are independent of the obligations of any other Debtor. You may sue each Debtor individually or together with any other Debtor. You may release any part of the Property and I will still be obligated under this Agreement for the remaining Property. Debtor agrees that you and any party to this Agreement may extend, modify or make any change in the terms of this Agreement or any evidence of debt without Debtor's consent. Such a change will not release Debtor from the terms of this Agreement. If you assign any of the Secured Debts, you may assign all or any part of this Agreement without notice to me or my consent; and this Agreement will inure to the benefit of your assignee to the extent of such assignment. You will continue to have the unimpeded right to enforce this Agreement as to any of the Secured Debts that are not assigned. This Agreement shall inure to the benefit of and be enforceable by you and your successors and assigns and any other person to whom you may grant an interest in the Secured Debts and shall be binding upon and enforceable against me and my successors and assigns. 17. AMENDMENT, INTEGRATION AND SEVERABILITY. This Agreement may not be amended or modified by oral agreement. No amendment or modification of this Agreement is effective unless made in writing. This Agreement and the other Loan Documents are the complete and final expression of the understanding between you and me. If any provision of this Agreement is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 18. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Agreement. 19. NOTICE AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Debtor will be deemed to be notice to all Debtors. I will inform you in writing of any change in my name, address or other application information. I will provide you any other, correct and complete information you request to effectively grant a security interest on the Property. 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 Agreement and to confirm your lien status on any Property. Time is of the essence. 20. WAIVER OF JURY TRIAL. All of the parties to this Agreement knowingly and intentionally, irrevocably and unconditionally, waive any and all right to a trial by jury in any litigation arising out of or concerning this Agreement or any other Loan Document or related obligation. All of these parties acknowledge that this section has either been brought to the attention of each party's legal counsel or that each party had the opportunity to do so. SIGNATURES. By signing, I agree to the terms contained in this Agreement. I also acknowledge receipt of a copy of this Agreement. DEBTOR: William Isaac Calico Date 3-30-23 Lundy Cabie Calico Automotive, LLC Date 3130123 William Isaac Calico, Member Date 3-30-23 Lundy Cabie, Member Date 3130123 SECURED PARTY: American Bank of Oklahoma By ____________________________ Monte A Linihan, SVP Date 3/30/2023 EXHIBIT J Consumer Note Lender American Bank of Oklahoma 200 E Main, PO Box 66 Collinsville, OK 74021 Borrower William Isaac Calico Lindy Kay Calico 5281 E 390 Rd Oologah, OK 74053 Summary Loan Number: 22231000 Note Date: March 31, 2023 Loan Amount: $380,068.90 Maturity Date: March 31, 2024 Initial Rate: 8.250% Definitions "I", "me" or "my" means each Borrower or Cosigner who signs this note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. "Property" means all property securing this note. "Loan Documents" means all the documents executed as a part of or in connection with the transaction. Promise to Pay For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of Three hundred eighty thousand sixty-eight and 90/100 dollars ($380,068.90), or so much of this amount as may be advanced from time to time under the terms of this Note. Multiple Advance. The loan amount shown above is the maximum amount I can borrow under this note. All advances will be made subject to the terms and conditions of this Note. You and I agree that I may borrow up to the maximum only one time (and subject to all other conditions and any separate agreement). The conditions for future advances are Advances must be made in person, by mail, by fax, by phone, or by e-mail. . Purchase Money Loan. You may include the name of the seller on the check or draft for this note. Interest and Other Charges I agree to pay interest on the outstanding principal balance from March 31, 2023 at the rate of 8.250% per year until paid in full. Interest accrues on the principal remaining unpaid from time to time, until paid in full. If you give my loan money in more than one advance, each advance will start to earn interest only when I receive it. The interest rate(s) and other charges on this note will never exceed the highest rate or charge allowed by law for this note. If you collect more interest than the law and this note allow, you agree to refund it to me. If you send any erroneous notice of interest, you agree to correct it. Accrual Method. The amount of interest that I will pay on this note will be calculated on a/an Actual/365 basis. For interest calculation, the accrual method will determine the number of days in a year. Post-Maturity Rate. After maturity or acceleration, interest on the unpaid balance of this note will accrue on the same basis as interest accrues prior to maturity. Late Charge. If I make a payment more than 10 days after it is due, I agree to pay a late charge of 4 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $22.50. Additional Charges. The Loan Estimate and Closing Disclosure that were given to me list the fees and charges that apply to this loan. Assumption This note and any document securing it cannot be assumed by someone buying the secured Property from me. This will be true unless you agree in writing to the contrary. Without such an agreement, if I try to transfer any interest in the Property securing this note, I will be in default on this note. You may proceed against me under any due on sale clause in the security agreement, which is incorporated by reference. Payments I agree to pay accrued interest on this note in monthly payments on April 30, 2023 and on the last day of each month until March 31, 2024. On that date, I agree to pay in full the principal balance and all accrued interest on this note. Separate Balloon Disclosure. A final balloon payment of up to $381,400.44, together with accrued interest, if any, will be due March 31, 2024. The final amount of my balloon payment will depend on my payment record and the amount advanced. Rounding and Other Information. 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. Any payment falling due on a holiday or a day that is a non-business day for you, will be due on your next business day. 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. Application of Payments. Except as otherwise provided in this note, each payment I make on this note will be applied first to escrow that is due, then to interest that is due, and finally to principal that is 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. The actual amount of my final payment will also depend on my payment record. Limited 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 was adjusted because of my seasonal or irregular income. Prepayment. I may prepay this note in whole, or in part, at any time, without penalty. If I prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. Default and Remedies Default. Subject to any limitations in the Real Estate or Residence Security section, I will be in default if any of the following occur: 1. Payments. I fail to make a payment as required by this note. 2. Property. My action or inaction adversely affects the Property or your rights in the Property. 3. Fraud. I engage in fraud or material misrepresentation in connection with this transaction. 4. Other Documents. A default occurs under the terms of any other Loan Document. Remedies. If I am in default on this note, and after you give any legally required notice and opportunity to cure the default, you have, but are not limited to, the following remedies: 1. You may demand immediate payment of all I owe you under this note (principal, accrued unpaid interest and other accrued charges); 2. You may set off this debt against any right I have to the payment of money from you, subject to the terms of the Set-Off section herein; 3. You may demand security, additional security, or additional parties to be obligated to pay this note as a condition for not using any other remedy; 4. You may refuse to make advances to me; 5. You may use any remedy you have under state or federal law; and 6. You may require me to gather the Property and make it available to you in a reasonable fashion (unless prohibited by law); keep or dispose of the Property as provided by law; apply the proceeds to your expenses of collection and enforcement and then to the secured debt; and, unless prohibited by law and following any required notice of deficiency, hold me liable for any deficiency if what you receive from the sale does not satisfy the secured debts. By selecting any one or more of these remedies you do not give up your right to later use any other remedy. By waiving your right to declare an event to be a default, you do not waive your right to later consider the event as a default if it continues or happens again. Real Estate or Residence Security. The existence of a default and your remedies for such a default will be determined by applicable law, by the terms of any separate instrument creating the security interest and, to the extent not prohibited by law and not contrary to the terms of the separate security instrument, by the Default and Remedies sections of this note. Payments by Lender. If you are authorized to pay, on my behalf, charges I am obligated to pay (such as property insurance premiums), then you may treat those payments made by you as advances and add them to the unpaid principal under this note, or you may demand immediate payment of the charges. Collection Costs and Attorneys' Fees. To the extent permitted by law, I agree to pay all reasonable costs of collection, replevin (an action for the recovery of property wrongfully taken or detained) or any other or similar type of cost if I am in default, to the extent permitted by law. If you hire an attorney to collect on this note, I also agree to pay any fee you incur with such attorney, not to exceed 15% of the unpaid debt after default, plus court costs (except where prohibited by law). To the extent permitted by the United States Bankruptcy Code, I also agree to pay the reasonable attorneys' fees and costs you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. Set-Off. I agree that you may set off any amount due and payable under this note against any right I have to receive money from you. "Right to receive money from you" means: 1. Any deposit account balance I have with you; 2. Any money owed to me on an item presented to you or in your possession for collection or exchange; and 3. Any repurchase agreement or other nondeposit obligation. "Any amount due and payable under this note" means the total amount of which you are entitled to demand payment under the terms of this note at the time you set off. This total includes any balance the due date for which you properly accelerate under this note. If my right to receive money from you is also owned by someone who has not agreed to pay this note, your right of set-off will apply to my interest in the obligation and to any other amounts I could withdraw on my sole request or endorsement. Your right of set-off does not apply to an account or other obligation where my rights arise only in a representative capacity. It also does not apply to any individual retirement account or other tax-deferred retirement account. You will not be liable for the dishonor (nonpayment) of any check when the dishonor occurs because you set off this debt against any of my accounts. I agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off. Security This note is separately secured by: 1st Real Estate Mortgage dated 03/31/2023 Other Debts and Property. Property securing another debt will not secure this note if such property is my principal dwelling and you fail to provide any required notice of right of rescission (i.e., right to cancel). Also, property securing another debt will not secure this note to the extent such property is household goods. No present or future agreement securing any other debt I owe you will secure the payment of this note if, with respect to this note, 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 note would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. Insurance Property Insurance. I may obtain property insurance from anyone I want that is acceptable to you. Flood Insurance. Flood insurance is not required at this time. It may be required in the future should the Property be included in an updated flood plain map. If required in the future, I may obtain flood insurance from anyone I want that is reasonably acceptable to you. General Terms This note is governed by the law of the state of Oklahoma, the United States of America, and to the extent required, by the law of the jurisdiction where the Property is located. Any term of this note which is contrary to applicable law will not be effective, unless the law permits you and me to agree to such a variation. If any provision of this note cannot be enforced according to its terms, this fact will not affect the enforceability of the remainder of this note. No modification of this note may be made without your express written consent. Time is of the essence in this note. 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. If Other Persons Owe on the Loan. I understand that I must pay this note even if someone else has also agreed to pay it (by, for example, signing this form or a separate guarantee or endorsement). You may sue me alone, or anyone else who is obligated on this note, or any number of us together, to collect this note. You may do so without any notice that it has not been paid (notice of dishonor). You may, without notice, release any party to this note without releasing any other party. If you give up any of your rights, with or without notice, it will not affect my duty to pay this note. Any extension of new credit to any of us, or renewal of this note by all or less than all of us will not release me from my duty to pay it. (Of course, you are entitled to only one payment in full.) Extending the Note; Assigning my Obligation. I agree that you may at your option extend this note or the debt represented by this note, or any portion of the note or debt, from time to time without limit or notice and for any term without affecting my liability for payment of the note. I will not assign my obligation under this note without your prior written approval. Giving Up My Rights. To the extent not prohibited by law, and except for any required notice or right to cure, I give up my rights to require you to: 1. Demand payment of amounts due (presentment); 2. Obtain official certification of nonpayment (protest); 3. Give notice that amounts due have not been paid (notice of dishonor). I give up any rights that a guarantor would have to avoid paying the note (unless it has been fully paid). I also give up any rights to avoid paying based on any action you have taken regarding any mortgage or other collateral for the note. I give up any rights under this note only if the law allows me to. Financial Information. I will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purpose. The purpose of this note is Purchase 30 acres and House from Lindy's mother and remaining funds will be utilized to construct an approx. 1650 sq. ft. Primary Residence. Notice Unless otherwise required by law, any notice to me shall be given by delivering it or by mailing it by first class mail addressed to me at my last known address. My current address is indicated in this note. I agree to inform you in writing of any change in my address. I will give any notice to you by mailing it first class to your address stated in this note, or to any other address that you have designated. Additional Terms You have been charged a $400.00 inspection/loan advance fee. After the 8th inspection/loan advance you will then be charged $25.00 for each additional inspection/loan advance. If available on your loan, this fee maybe advanced with the draw. Customer(s) are not to acquire any additional debts without prior bank approval. Signatures By signing, I agree to the terms contained in this note. I also acknowledge receipt of a copy of this note on today's date. Borrower William Isaac Calico 3/31/23 Lindy Kay Calico 3/31/23 Lender American Bank of Oklahoma a/an Oklahoma State Banking Association Monte R. Linihan 3/31/23 Senior Vice President Loan Origination Organization: American Bank of Oklahoma NMLS ID: 412743 Loan Originator: Monte R. Linihan NMLS ID: 1207567 EXHIBIT K Return To: American Bank of Oklahoma (Collinsville) 200 E Main P.O. Box 66 Collinsville, OK 74021 Prepared By: 22231000 I hereby certify that I received $ 76.02 and issued receipt No. 2851 thereof In payment of Mortgage Tax on the within Mortgage dated this 3rd day of April 2023 JABON CARINI, County Treasurer - JMD Rogers County, Oklahoma Mortgage The date of this Mortgage ("Security Instrument") is March 31, 2023. Mortgager William Isaac Calico Spouse of Lindy Kay Calico Lindy Kay Calico Spouse of William Isaac Calico 5281 E 390 Rd Oologah, OK 74053 Lender American Bank of Oklahoma Organized and existing under the laws of the state of Oklahoma 200 E Main, PO Box 66 Collinsville, OK 74021 1. Conveyance. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender, with the power of sale, the following described property: The W/2 of the SE/4 of the SW/4, Less the South 25 feet thereof, in Section 20, Township 23 North, Range 15 East of the I.B.&M., Rogers County, State of Oklahoma, according to the U.S. Government survey thereof. The property is located in Rogers County at 5281 E 390 Rd, Oologah, Oklahoma 74053. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 2. Maximum Obligation Limit. The total principal amount secured by this Security Instrument at any one time shall not exceed $380,068.90. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. Secured Debt. The term "Secured Debt" is defined as follows: (A) Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all their extensions, renewals, refinancings, modifications or substitutions. The promissory note signed by William Isaac Calico and Lindy Kay Calico (the "Borrower") and dated the same date as this Security Instrument (the "Note"). The Note states that Borrower owes Lender Three hundred eighty thousand sixty-eight and 90/100 Dollars (U.S. $380,068.90) plus interest. Borrower has promised to pay this debt in regular periodic payments and to pay the debt in full not later than March 31, 2024. Loan Number: 22231000 (B) All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. Payments. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 5. Warranty of Title. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 6. Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: (A) To make all payments when due and to perform or comply with all covenants. (B) To promptly deliver to Lender any notices that Mortgagor receives from the holder. (C) Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 7. Claims Against Title. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 8. Due on Sale or Encumbrance. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law, as applicable. 9. Warranties and Representations. Mortgagor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing Mortgagor or to which Mortgagor is a party. 10. Property Condition, Alterations and Inspection. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. Authority to Perform. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. Leaseholds; Condominiums; Planned Unit Developments. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 13. Default. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 14. Remedies on Default. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents, including the power to sell the Property. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. Lender has the power to sell the Property. If Lender invokes the power of sale, Lender shall give notice in the manner required by applicable law to Mortgagor and any other persons prescribed by law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied to the manner prescribed by applicable law. 18. Expenses; Advances on Covenants; Attorneys' Fees; Collection Costs. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, reasonable attorneys' fees (not to exceed 15% of the unpaid debt after default), court costs, and other legal expenses. This amount does not include attorneys' fees for a salaried employee of the Lender. This Security Instrument shall remain in effect until released. 16. Environmental Laws and Hazardous Substances. As used in this section, (1) "Environmental Law" means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) "Hazardous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste," or "hazardous substance," under any Environmental Law. Mortgagor represents, warrants and agrees that: (A) Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. (B) Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. (C) Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. (D) Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 17. Condemnation. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 18. Insurance. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause". Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 19. Escrow for Taxes and Insurance. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 20. Financial Reports and Additional Documents. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 21. Joint and Individual Liability; Co-Signers; Successors and Assigns Bound. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 22. Applicable Law; Severability; Interpretation. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 23. Notice. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address in this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 24. Waiver of Appraisement. Appraisal of the Property is waived or not waived at Lender's option. Lender shall exercise this option before or at the time judgment is entered in any foreclosure. 25. Other Terms. If checked, the following are applicable to this Security Instrument: [X] Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. [ ] Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. [X] Purchase Money Mortgage. The Secured Debt includes money which is used in whole or in part to purchase the Property. [ ] Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] [ ] Condominium Rider [ ] Planned Unit Development Rider [ ] Other: _______________________________ [ ] Additional Terms. ________________________________ NOTICE TO MORTGAGOR: A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW LENDER TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY MORTGAGOR UNDER THIS MORTGAGE. Signatures By signing below, Mortgagor agrees to the terms and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated in this Security Instrument. Mortgagor [Signature] William Isaac Calico 3/31/23 Date [Signature] Linday Kay Calico 3/31/23 Date Acknowledgment State of Oklahoma County of Tulsa This instrument was acknowledged before me on March 31, 2023 by William Isaac Calico A. F. Mathews Notary Public Name My Commission Expires: 11/16/2026 This notarial act was completed: ☑ In Person ☐ In Person Electronic ☐ Remote Online Using Communication Technology Acknowledgment State of Oklahoma County of Tulsa This instrument was acknowledged before me on March 31, 2023 by Lindy Kay Calico Notary Public A.F. Mathews Notary Public Name My Commission Expires: 11/2026 This notarial act was completed: ☑ In Person ☐ In Person Electronic ☐ Remote Online Using Communication Technology Lender American Bank of Oklahoma a/k/a Oklahoma State Banking Association Monte R. Liuhan Senior Vice President 3/31/2023 Date Acknowledgment State of Oklahoma County of Tulsa This instrument was acknowledged before me on March 31, 2023 by Monte R. Linihan as Senior Vice President of American Bank of Oklahoma. A.F. Mathews Notary Public Notary Public Name My Commission Expires: 11/28/2026 This notarial act was completed: ☑ In Person ☐ In Person Electronic ☐ Remote Online Using Communication Technology Loan Origination Organization: American Bank of Oklahoma NMLS ID: 412743 Loan Originator: Monte R. Linihan NMLS ID: 1207567 EXHIBIT L Loan Modification Agreement Lender American Bank of Oklahoma 200 E Main, PO Box 66 Collinsville, OK 74021 Borrower William Isaac Calico Lindy Kay Calico 5281 E 390 Rd Oologah, OK 74053 Original Loan Date: March 31, 2023 Credit Limit/Amount: $380,068.90 Current Balance: $379,545.50 Maturity Date: March 31, 2024 Loan Number: 22231000 Modified Loan Date: February 16, 2024 Credit Limit/Amount: $380,068.90 Maturity Date: September 30, 2024 Initial Rate: 8.500% Definitions (A) "Agreement" means this loan modification agreement and any attached exhibits and schedules, and their amendments. (B) "I", "me" and "my" refer to any person named above as a Borrower or Cosigner. "You" and "your" refer to the Lender named above, and anyone to whom Lender assigns the Loan, and any successor to the Lender. (C) "Amendment Documents" means this Agreement and the other documents signed in connection with this Agreement to amend the Loan. (D) "Loan" means the loan made under the Loan Documents, and all extensions, amendments, substitutions, renewals and modifications. The Loan is being amended by the Amendment Documents. (E) "Loan Documents" means the Note and all security instruments, security agreements, other collateral documents, guaranties and other documents executed in connection with the Note, and all amendments and modifications. (F) "Note" or "note" means the note or credit agreement dated March 31, 2023, signed by me, in the original amount or credit limit of $380,068.90, and all amendments, renewals, and modifications. The Note is being amended by this Agreement. (G) "Post-Maturity Rate section" means any provision in the Note that provides for a different interest rate upon maturity, default, or demand for payment of the Loan. Original Loan You and I have entered into the Loan. The date, amount/credit limit, current balance, and maturity date of the Loan are stated above. This is the collateral (property) that secures the Loan: The land and buildings, if any, located at 5281 E 390 Rd, Oologah, Oklahoma 74053 For certain benefits you and I have received, you and I agree to amend the terms of the Loan by amending the Note as provided for in this Agreement and by making the other changes, if any, described below. Amended Note Terms The Note is amended as follows. These changes take effect on February 16, 2024. I agree to pay accrued interest on this Note in monthly payments on February 29, 2024 and on the last day of each month until September 30, 2024. On that date, I agree to pay in full the principal balance and all accrued interest on this Note. Separate Balloon Disclosure. A final balloon payment of $382,724.18, together with accrued interest, if any, will be due September 30, 2024. The actual amount of my final payment will depend on my payment record. Rounding and Other Information. 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. Any payment falling due on a holiday or a day that is a non-business day for you, will be due on your next business day. 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. Application of Payments. Except as otherwise provided in this Note, each payment I make on this Note will be applied first to escrow that is due, then to interest that is due, and finally to principal that is 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. The actual amount of my final payment will also depend on my payment record. Limited 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 was adjusted because of my seasonal or irregular income. Prepayment. I may prepay this Note in whole, or in part, at any time, without penalty. If I prepay in part, I must still make each later payment in the original amount as it becomes due until this Note is paid in full. Interest. I agree to pay interest on the outstanding principal balance from February 16, 2024 at the rate of 8.500% per year until paid in full, subject to any rate changes provided in the Variable Rate or Post-Maturity Rate section. Interest accrues on the principal remaining unpaid from time to time, until paid in full. If you give my loan money in more than one advance, each advance will start to earn interest only when I receive it. The interest rate(s) and other charges on this note will never exceed the highest rate or charge allowed by law for this note. If you collect more interest than the law and this note allow, you agree to refund it to me. If you send any erroneous notice of interest, you agree to correct it. Late Charge. If I make a payment more than 10 days after it is due, I agree to pay a late charge of 4 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $22.50. Flood Insurance. Flood insurance is not required at this time. It may be required in the future should the Property be included in a updated flood plain map. If required in the future, I may obtain flood insurance from anyone I want that is reasonably acceptable to you. Continuation of Terms I agree that all the terms of the Loan Documents continue unless they are expressly and explicitly amended by this Agreement or any Amendment Document. As an example, an amendment of the interest rate during the normal term of the Loan would not modify the default or post-maturity rate of interest even though both of those terms are described in the Note in a common section titled "Interest". Not a Refinancing This Agreement modifies the Note and the Loan. It is not a new loan. It is not a payoff, replacement, substitution or refinancing of the Loan or the Note. Waiver Unless prohibited by law, I waive all existing claims, defenses, setoffs, or counterclaims relating to the Loan, or any existing Loan Documents. Any Borrower or Cosigner on the Note that does not sign this Modification, shall remain liable under the existing terms of the Note unless released in writing by you. Reason(s) for Modification Renew and Extend 6 months. Change maturity date FROM 03/31/2024 TO 09/30/2024. Interest Due: $2,661.22 Through 01/31/2024, Late Fee Due: $22.50. Current Undisbursed Funds $523.40.. Signatures By signing, I agree to the terms of this Agreement and acknowledge receipt of a copy of this Agreement. Borrower William Isaac Calico 2-16-24 Lindy Kay Calico Lender American Bank of Oklahoma a/an Oklahoma State Banking Association Monte R. Linihan Senior Vice President Loan Origination Organization: American Bank of Oklahoma NMLS ID: 412743 Loan Originator: Monte R. Linihan NMLS ID: 1207567 EXHIBIT M Consumer Note Lender American Bank of Oklahoma 200 E Main, PO Box 66 Collinsville, OK 74021 Borrower William Isaac Calico Lindy Kay Calico 5281 E 390 Rd Oologah, OK 74053 Summary Loan Number: 22231000 Note Date: February 16, 2024 Loan Amount: $380,068.90 Maturity Date: September 30, 2024 Initial Rate: 8.500% Definitions "I", "me" or "my" means each Borrower or Cosigner who signs this Note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. "Property" means all property securing this Note. "Loan" means this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction. "Note" means this promissory note, and any extensions, renewals, modifications, or substitutions of it. "Loan Documents" means all the documents executed as a part of or in connection with the transaction. Promise to Pay For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of Three hundred eighty thousand sixty-eight and 90/100 dollars ($380,068.90) under the terms of this Note. Single Advance. I will receive all of the loan amount on February 16, 2024. There will be no additional advances under this Note. However, you may add other amounts to the principal if you make any payments described in the Payments by Lender section below. Interest and Other Charges I agree to pay interest on the outstanding principal balance from February 16, 2024 at the rate of 8.500% per year until paid in full. Interest accrues on the principal remaining unpaid from time to time, until paid in full. The interest rate(s) and other charges on this Note will never exceed the highest rate or charge allowed by law for this Note. If you collect more interest than the law and this Note allow, you agree to refund it to me. If you send any erroneous notice of interest, you agree to correct it. Accrual Method. The amount of interest that I will pay on this Note will be calculated on a/an Actual/365 basis. For interest calculation, the accrual method will determine the number of days in a year. Post-Maturity Rate. After maturity or acceleration, interest on the unpaid balance of this Note will accrue on the same basis as interest accrues prior to maturity. Late Charge. If I make a payment more than 10 days after it is due, I agree to pay a late charge of 4 percent of the Amount of Payment or $5.00, whichever is greater. However, this charge will not be greater than $22.50. Additional Charges. The Loan Estimate and Closing Disclosure that were given to me list the fees and charges that apply to this loan. Assumption This Note and any document securing it cannot be assumed by someone buying the secured Property from me. This will be true unless you agree in writing to the contrary. Without such an agreement, if I try to transfer any interest in the Property securing this Note, I will be in default on this Note. You may proceed against me under any due on sale clause in the security agreement, which is incorporated by reference. Payments I agree to pay accrued interest on this Note in monthly payments on February 29, 2024 and on the last day of each month until September 30, 2024. On that date, I agree to pay in full the principal balance and all accrued interest on this Note. Separate Balloon Disclosure. A final balloon payment of $382,724.18, together with accrued interest, if any, will be due September 30, 2024. The actual amount of my final payment will depend on my payment record. Rounding and Other Information. 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. Any payment falling due on a holiday or a day that is a non-business day for you, will be due on your next business day. 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. Application of Payments. Except as otherwise provided in this Note, each payment I make on this Note will be applied first to escrow that is due, then to interest that is due, and finally to principal that is 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. The actual amount of my final payment will also depend on my payment record. Limited 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 was adjusted because of my seasonal or irregular income. Prepayment. I may prepay this Note in whole, or in part, at any time, without penalty. If I prepay in part, I must still make each later payment in the original amount as it becomes due until this Note is paid in full. Default and Remedies Default. Subject to any limitations in the Real Estate or Residence Security section, I will be in default if any of the following occur: 1. Payments. I fail to make a payment as required by this Note. 2. Property. My action or inaction adversely affects the Property or your rights in the Property. 3. Fraud. I engage in fraud or material misrepresentation in connection with this transaction. 4. Other Documents. A default occurs under the terms of any other Loan Document. Remedies. If I am in default on this Note, and after you give any legally required notice and opportunity to cure the default, you have, but are not limited to, the following remedies: 1. You may demand immediate payment of all I owe you under this Note (principal, accrued unpaid interest and other accrued charges); 2. You may set off this debt against any right I have to the payment of money from you, subject to the terms of the Set-Off section herein; 3. You may demand security, additional security, or additional parties to be obligated to pay this Note as a condition for not using any other remedy; 4. You may refuse to make advances to me; 5. You may use any remedy you have under state or federal law; and 6. You may require me to gather the Property and make it available to you in a reasonable fashion (unless prohibited by law); keep or dispose of the Property as provided by law; apply the proceeds to your expenses of collection and enforcement and then to the secured debt; and, unless prohibited by law and following any required notice of deficiency, hold me liable for any deficiency if what you receive from the sale does not satisfy the secured debts. By selecting any one or more of these remedies you do not give up your right to later use any other remedy. By waiving your right to declare an event to be a default, you do not waive your right to later consider the event as a default if it continues or happens again. Real Estate or Residence Security. The existence of a default and your remedies for such a default will be determined by applicable law, by the terms of any separate instrument creating the security interest and, to the extent not prohibited by law and not contrary to the terms of the separate security instrument, by the Default and Remedies sections of this Note. Payments by Lender. If you are authorized to pay, on my behalf, charges I am obligated to pay (such as property insurance premiums), then you may treat those payments made by you as advances and add them to the unpaid principal under this Note, or you may demand immediate payment of the charges. Collection Costs and Attorneys' Fees. To the extent permitted by law, I agree to pay all reasonable costs of collection, replevin (an action for the recovery of property wrongfully taken or detained) or any other or similar type of cost if I am in default, to the extent permitted by law. If you hire an attorney to collect on this Note, I also agree to pay any fee you incur with such attorney, not to exceed 15% of the unpaid debt after default, plus court costs (except where prohibited by law). To the extent permitted by the United States Bankruptcy Code, I also agree to pay the reasonable attorneys' fees and costs you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. Set-Off. I agree that you may set off any amount due and payable under this Note against any right I have to receive money from you. "Right to receive money from you" means: 1. Any deposit account balance I have with you; 2. Any money owed to me on an item presented to you or in your possession for collection or exchange; and 3. Any repurchase agreement or other nondeposit obligation. "Any amount due and payable under this Note" means the total amount of which you are entitled to demand payment under the terms of this Note at the time you set off. This total includes any balance the due date for which you properly accelerate under this Note. If my right to receive money from you is also owned by someone who has not agreed to pay this Note, your right of set-off will apply to my interest in the obligation and to any other amounts I could withdraw on my sole request or endorsement. Your right of set-off does not apply to an account or other obligation where my rights arise only in a representative capacity. It also does not apply to any individual retirement account or other tax-deferred retirement account. You will not be liable for the dishonor (nonpayment) of any check when the dishonor occurs because you set off this debt against any of my accounts. I agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off. Security This Note is separately secured by: 1st Real Estate Mortgage dated 03/31/2023 and Modification of Mortgage dated 02/16/2024. Other Debts and Property. Property securing another debt will not secure this Note if such property is my principal dwelling and you fail to provide any required notice of right of rescission (i.e., right to cancel). Also, property securing another debt will not secure this Note to the extent such property is household goods. No present or future agreement securing any other debt I owe you will secure the payment of this Note if, with respect to this Note, 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 Note would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. Insurance Property Insurance. I may obtain property insurance from anyone I want that is acceptable to you. Flood Insurance. Flood insurance is not required at this time. It may be required in the future should the Property be included in an updated flood plain map. If required in the future, I may obtain flood insurance from anyone I want that is reasonably acceptable to you. General Terms This Note is governed by the law of the state of Oklahoma, the United States of America, and to the extent required, by the law of the jurisdiction where the Property is located. Any term of this Note which is contrary to applicable law will not be effective, unless the law permits you and me to agree to such a variation. If any provision of this Note cannot be enforced according to its terms, this fact will not affect the enforceability of the remainder of this Note. No modification of this Note may be made without your express written consent. Time is of the essence in this Note. 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. If Other Persons Owe on the Loan. I understand that I must pay this Note even if someone else has also agreed to pay it (by, for example, signing this form or a separate guarantee or endorsement). You may sue me alone, or anyone else who is obligated on this Note, or any number of us together, to collect this Note. You may do so without any notice that it has not been paid (notice of dishonor). You may, without notice, release any party to this Note without releasing any other party. If you give up any of your rights, with or without notice, it will not affect my duty to pay this Note. Any extension of new credit to any of us, or renewal of this Note by all or less than all of us will not release me from my duty to pay it. (Of course, you are entitled to only one payment in full.) Extending the Note; Assigning my Obligation. I agree that you may at your option extend this Note or the debt represented by this Note, or any portion of the Note or debt, from time to time without limit or notice and for any term without affecting my liability for payment of the Note. I will not assign my obligation under this Note without your prior written approval. Giving Up My Rights. To the extent not prohibited by law, and except for any required notice or right to cure, I give up my rights to require you to: 1. Demand payment of amounts due (presentment); 2. Obtain official certification of nonpayment (protest); 3. Give notice that amounts due have not been paid (notice of dishonor). I give up any rights that a guarantor would have to avoid paying the Note (unless it has been fully paid). I also give up any rights to avoid paying based on any action you have taken regarding any mortgage or other collateral for the Note. I give up any rights under this Note only if the law allows me to. Financial Information. I will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purpose. The purpose of this Note is Purchase 30 acres and House from Lindy's mother and remaining funds will be utilized to construct an approx. 1650 sq. ft. Primary Residence.. Notice Unless otherwise required by law, any notice to me shall be given by delivering it or by mailing it by first class mail addressed to me at my last known address. My current address is indicated in this Note. I agree to inform you in writing of any change in my address. I will give any notice to you by mailing it first class to your address stated in this Note, or to any other address that you have designated. Additional Terms New Consumer Note to reflect Renewal and Extension for 6 months. Change Maturity Date FROM 03/31/2024 TO 09/30/2024. Signatures By signing, I agree to the terms contained in this Note. I also acknowledge receipt of a copy of this Note on today's date. Borrower William Isaac Calico Date Lindy Kay Calico Date Lender American Bank of Oklahoma a/an Oklahoma State Banking Association Monte R. Linihan Date Senior Vice President Loan Origination Organization: American Bank of Oklahoma NMLS ID: 412743 Loan Originator: Monte R. Linihan NMLS ID: 1207567 EXHIBIT N Return To: American Bank of Oklahoma (Collinsville) 200 E Main P.O. Box 66 Collinsville, OK 74021 Prepared By: 22231000 I hereby certify that I received $ [illegible] and issued receipt No. [illegible] thereof in payment of Mortgage Tax on the within Mortgage Date: [illegible] Jason Carini, Rogers County Treasurer, Oklahoma Modification of Mortgage The date of this Real Estate Modification ("Modification") is February 16, 2024. Mortgagor William Isaac Calico Spouse of Lindy Kay Calico Lindy Kay Calico Spouse of William Isaac Calico 5281 E 390 Rd Oologah, OK 74053 Lender American Bank of Oklahoma Organized and existing under the laws of the state of Oklahoma 200 E Main, PO Box 66 Collinsville, OK 74021 Background. Mortgagor and Lender entered into a Security Instrument dated March 31, 2023 and recorded on April 3, 2023. The Security Instrument was recorded in the records of Rogers County, Oklahoma in Doc # 2023-004070, Pgs: 9. The property is located in Rogers County at 5281 E 390 Rd, Oologah, OK 74053. Described as: The W/2 of the SE/4 of the SW/4, Less the South 25 feet thereof, in Section 20, Township 23 North, Range 15 East of the I.B.&M., Rogers County, State of Oklahoma, according to the U.S. Government survey thereof. Modification. For value received, Mortgagor and Lender agree to modify the original Security Instrument. Mortgagor and Lender agree that this Modification continues the effectiveness of the original Security Instrument. The Security Instrument was given to secure the original debts and obligations (whether identified as Secured Debts, Sums Secured, or otherwise) that now have been modified. Together with this Modification, the Security Instrument now secures the following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note between Lender and William Isaac Calico and Lindy Kay Calico (the "Borrower") dated March 31, 2023 as modified by the loan modification agreement signed by Borrower and dated the same date as this Modification (the "Loan Modification Agreement"). The Loan Modification Agreement states that Borrower owes Lender Three hundred eighty thousand sixty-eight and 90/100 Dollars (U.S. $380,068.90) plus interest. Borrower has promised to pay this debt in regular periodic payments and to pay the debt in full not later than September 30, 2024. Maximum Obligation Limit. The total principal amount secured by the Security Instrument at any one time will not exceed $380,068.90. This limitation of amount does not include interest and other fees and charges validly made pursuant to the Security Instrument. Also, this limitation does not apply to advances made under the terms of the Security Instrument to protect Lender's security and to perform any of the covenants contained in the Security Instrument. Warranty of Title. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by the Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the property. Mortgagor also warrants that such same property is unencumbered, except for encumbrances of record. Additional Terms. The purpose of this modification is to extend the maturity date. Mortgage is security for a promissory note dated 03/31/2023 in the amount of $380,068.90. Continuation of Terms. Except as specifically amended in this Modification, all terms of the Security Instrument remain in effect. Signatures. By signing below, Mortgagor agrees to the terms and covenants contained in this Modification. Mortgagor also acknowledges receipt of a copy of the Modification. Mortgagor [Signature] William Isaac Calico Date: 2-16-24 [Signature] Lindy Kay Calico Date: 21/6/24 Lender American Bank of Oklahoma a/an Oklahoma State Banking Association [Signature] Monte R. Linihan Senior Vice President Date Acknowledgment State of Oklahoma County of Tulsa This instrument was acknowledged before me on February 16, 2024 by William Isaac Calico Tamra A Ramirez Notary Public Tamra A Ramirez Notary Public Name My Commission Expires: 07/26/2026 This notarial act was completed: [✓] In Person [ ] In Person Electronic [ ] Remote Online Using Communication Technology Acknowledgment State of Oklahoma County of Tulsa This instrument was acknowledged before me on February 16, 2024 by Lindy Kay Calico Tamra A Ramirez Notary Public Tamra A Ramirez Notary Public Name My Commission Expires: 07/26/2026 This notarial act was completed: ☑ In Person ☐ In Person Electronic ☐ Remote Online Using Communication Technology Acknowledgment State of Oklahoma County of Tulsa This instrument was acknowledged before me on February 16, 2024 by Monte R. Linihan as Senior Vice President of American Bank of Oklahoma. Tamra A Ramirez Notary Public Tamra A Ramirez Notary Public Name My Commission Expires: 07/26/2026 This notarial act was completed: ☑ In Person ☐ In Person Electronic ☐ Remote Online Using Communication Technology Loan Origination Organization: American Bank of Oklahoma NMLS ID: 412743 Loan Originator: Monte R. Linihan NMLS ID: 1207567 EXHIBIT O <table> <tr> <th>LOAN NUMBER</th> <th>LOAN NAME</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>INITIALS</th> </tr> <tr> <td>24529000</td> <td>William Isaac Calico</td> <td></td> <td>02/15/24</td> <td>1207567 MRL</td> </tr> <tr> <th>NOTE AMOUNT</th> <th>INDEX (w/Margin)</th> <th>RATE</th> <th>MATURITY DATE</th> <th>LOAN PURPOSE</th> </tr> <tr> <td>$275,000.00</td> <td>Wall Street Journal Prime plus</td> <td>9.750% 1.250%</td> <td>02/15/49</td> <td>Commercial</td> </tr> </table> Creditors Use Only PROMISSORY NOTE (Commercial - Single Advance) DATE AND PARTIES. The date of this Promissory Note (Note) is February 15, 2024. The parties and their addresses are: LENDER: AMERICAN BANK OF OKLAHOMA 200 E. Main P.O. Box 86 Collinsville, OK 74021-0086 Telephone: (918) 371-7300 BORROWER: WILLIAM ISAAC CALICO 5281 E 390 Rd Oologah, OK 74053 LINDY KAY CALICO 5281 E 390 Rd Oologah, OK 74053 1. DEFINITIONS. As used in this Note, the terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Note. "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. B. Note. Note refers to this document, and any extensions, renewals, modifications and substitutions of this Note. C. Loan. Loan refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction such as applications, security agreements, disclosures or notes, and this Note. D. Loan Documents. Loan Documents refer to all the documents executed as a part of or in connection with the Loan. E. Property. Property is any property, real, personal or intangible, that secures my performance of the obligations of this Loan. F. Percent. Rates and rate change limitations are expressed as annualized percentages. G. Dollar Amounts. All dollar amounts will be payable in lawful money of the United States of America. 2. REFINANCING. This Note 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>May 20, 2020</td> <td># 24442400</td> <td>$200,000.00</td> </tr> </table> The remaining balance of the note listed in the table above is $183,896.91. 3. 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 $275,000.00 (Principal) plus interest from February 15, 2024 on the unpaid Principal balance until this Note matures or this obligation is accelerated. 4. INTEREST. Interest will accrue on the unpaid Principal balance of this Note at the rate of 9.750 percent (Interest Rate) until February 15, 2027, after which time it may change as described in the Variable Rate subsection. A. Post-Maturity Interest. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Note at the Interest Rate in effect from time to time, until paid in full. B. Maximum Interest Amount. Any amount assessed or collected as interest under the terms of this Note 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. C. Accrual. Interest accrues using an Actual/360 days counting method. D. Variable Rate. The Interest Rate may change during the term of this transaction. (1) Index. Beginning with the first Change Date, the Interest Rate will be based on the following index: the base rate on corporate loans posted by at least 70% of the 10 largest U.S. banks known as the Wall Street Journal U.S. Prime Rate (the "Benchmark"). The Benchmark is the most recent index value available on each Change Date. You do not guarantee by selecting this Benchmark, or the Margin, that the Interest Rate on this Note will be the same rate you charge on any other loans or class of loans you make to me or other borrowers. If this Index is no longer available, I agree and consent to you selecting a substitute Benchmark and an alternative Margin - all at your sole discretion. You will give me advance notice of your selection. As used in this subsection, "no longer available" includes, but is not limited to, when a Benchmark is terminated, becomes deregulated, or becomes unacceptable for use by a regulator. If the Benchmark is deemed to be no longer available it will be replaced if any of the following events (each, a "Replacement Event") occur: (i) the administrator, including any successor administrator of the Benchmark, has stopped providing the Benchmark to the general public; (ii) the administrator or its regulator issues a public statement indicating that the Benchmark is no longer reliable or representative; or (iii) the effective date of an applicable federal or state law, or applicable federal or state regulation that prohibits use of the Benchmark. If a Replacement Event occurs, you will select a new benchmark ("the Replacement Benchmark") and may also select a new margin ("the Replacement Margin"), as follows: (a) If a replacement benchmark and margin has been selected or recommended by the Federal Reserve Board, the Federal Reserve Bank of New York, or a committee endorsed or convened by the Federal Reserve Board or the Federal Reserve Bank of New York at the time of a Replacement Event, you shall select that benchmark and margin as the Replacement Benchmark and Replacement Margin. (b) If (a) is not available at the time of a Replacement Event, you will make a reasonable, good faith effort to select a Replacement Benchmark and a Replacement Margin that, when added together, you reasonably expects will minimize any change in the cost of the loan, taking into account the historical performance of the Benchmark and the Replacement Benchmark. The Replacement Benchmark and Replacement Margin, if any, will be operative immediately upon a Replacement Event and will be used to determine the interest rate and payments on Change Dates that are more than 30 days after a Replacement Event. The Benchmark and Margin could be replaced more than once during the term of the Note. After a Replacement Event, all references to the "Benchmark" and "Margin" shall be deemed to be references to the "Replacement Benchmark" and "Replacement Margin." You will also give me notice of the Replacement Benchmark and Replacement Margin, if any, and such other information required by applicable law and regulation. (2) Change Date. Each date on which the Interest Rate may change is called a Change Date. The Interest Rate may change February 15, 2027 and every 36 months thereafter. (3) Calculation Of Change. On each Change Date you will calculate the Interest Rate, which will be the Benchmark plus 1.250 percent (the “Margin”). Subject to any limitations, this will be the Interest Rate until the next Change Date. The new Interest Rate will become effective on each Change Date. The Interest Rate and other charges on this Note will never exceed the highest rate or charge allowed by law for this Note. (4) Limitations. The Interest Rate changes are subject to the following limitations: (a) Lifetime. The Interest Rate will never be greater than 21.000 percent or less than 8.500 percent. (5) Effect Of Variable Rate. A change in the Interest Rate will have the following effect on the payments: The amount of scheduled payments will change. 5. 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 Note before the scheduled maturity date. Document Preparation, A(n) Document Preparation fee of $293.50 payable from the loan proceeds. Loan Origination, A(n) Loan Origination fee of $495.62 payable from the loan proceeds. Appraisal Review, A(n) Appraisal Review fee of $230.00 payable from the loan proceeds. Appraisal Order Fee, A(n) Appraisal Order Fee fee of $75.00 payable from the loan proceeds. Recording - Releases, A(n) Recording - Release fee of $200.00 payable from the loan proceeds. Recording - Mortgage, A(n) Recording - Mortgage fee of $97.00 payable from the loan proceeds. Flood Certification, A(n) Flood Certification fee of $13.00 payable from the loan proceeds. City/County Tax Stamps - Mortgage, A(n) City/County Tax Stamps - Mortgage fee of $275.00 payable from the loan proceeds. Appraisal, A(n) Appraisal fee of $1,500.00 payable from the loan proceeds. Title Search, A(n) Title Search fee of $125.00 payable from the loan proceeds. 6. 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 Note. 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 $22.50, whichever is greater. However, this charge will not be greater than $150.00. I will pay this late charge promptly but only once for each late payment. 7. GOVERNING AGREEMENT. This Note is further governed by the Commercial Loan Agreement executed between you and me as a part of this Loan, as modified, amended or supplemented. The Commercial Loan Agreement states the terms and conditions of this Note, including the terms and conditions under which the maturity of this Note may be accelerated. When I sign this Note, I represent to you that I have reviewed and am in compliance with the terms contained in the Commercial Loan Agreement. 8. PAYMENT. I agree to pay this Note on demand, but if no demand is made, I agree to pay this Note in 360 payments. A payment of $2,477.47 will be due March 15, 2024, and on the 15th day of each month thereafter. I will make 36 scheduled payments of this amount. The scheduled payment amount may then change every 36 payments thereafter. Changes in the Interest Rate will not affect the scheduled payment amount during these periods. With each scheduled payment change the payment amount will be adjusted to reflect changes in the Interest Rate during the remaining term of this Note. In addition, changes to the scheduled payment amount are subject to changes in the Interest Rate as described in the Variable Rate subsection of this Note. A final payment of the entire unpaid balance of Principal and interest will be due February 15, 2049. 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 Note will be applied first to interest that is due, then to principal that is due, and finally to late charges that are due. If you and I agree to a different application of payments, we will describe our agreement on this Note. 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. 9. PREPAYMENT. I may prepay this Loan in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 10. LOAN PURPOSE. The purpose of this Loan is to refinance ABOK Ln# 24-442400 with cash out for improvements.. 11. SECURITY. The Loan is secured by separate security instruments prepared together with this Note as follows: Document Name Parties to Document Mortgage - 12721 S Hwy 98, Oologah, OK 74053 William Isaac Calico , Lindy Kay Calico 12. LIMITATIONS ON CROSS-COLLATERALIZATION. 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. 13. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Note 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. 14. 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. A. Additional Waivers By Borrower. In addition, I, and any party to this Note and Loan, 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 Note. (1) You may renew or extend payments on this Note, regardless of the number of such renewals or extensions. (2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. (3) You may release, substitute or impair any Property securing this Note. (4) You, or any institution participating in this Note, may invoke your right of set-off. (5) You may enter into any sales, repurchases or participations of this Note to any person in any amounts and I waive notice of such sales, repurchases or participations. (6) I agree that any of us signing this Note as a Borrower is authorized to modify the terms of this Note or any instrument securing, guaranteeing or relating to this Note. B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist upon my strict performance of any provisions contained in this Note, or any other Loan Document, shall not be construed as a waiver by you, unless any such waiver is in writing and is signed by you. 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. APPLICABLE LAW. This Note 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. 17. JOINT AND SEVERAL LIABILITY AND SUCCESSORS. My obligation to pay the Loan is independent of the obligation of any other person who has also agreed to pay it. You may sue me alone, or anyone else who is obligated on the Loan, or any number of us together, to collect the Loan. Extending the Loan or new obligations under the Loan, will not affect my duty under the Loan and I will still be obligated to pay the Loan. This Note shall inure to the benefit of and be enforceable by you and your successors and assigns and shall be binding upon and enforceable against me and my successors and assigns. 18. AMENDMENT, INTEGRATION AND SEVERABILITY. This Note may not be amended or modified by oral agreement. No amendment or modification of this Note is effective unless made in writing. This Note and the other Loan Documents are the complete and final expression of the agreement. If any provision of this Note is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still 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 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. 19. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Note. 20. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party’s address listed in the DATE AND PARTIES section, or to any other address designated in writing. 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 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. 21. CREDIT INFORMATION. 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. 22. 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. 23. WAIVER OF JURY TRIAL. All of the parties to this Note knowingly and intentionally, irrevocably and unconditionally, waive any and all right to a trial by jury in any litigation arising out of or concerning this Note or any other Loan Document or related obligation. All of these parties acknowledge that this section has either been brought to the attention of each party’s legal counsel or that each party had the opportunity to do so. 24. SIGNATURES. By signing, I agree to the terms contained in this Note. I also acknowledge receipt of a copy of this Note. BORROWER: [Signature] William Isaac Calico Date 2/15-24 [Signature] Lindy Neel Calico Date 2/15/24 LENDER: American Bank of Oklahoma By ________________________________ Date____________________ Momry A Milhen, SVP EXHIBIT P I hereby certify that I received $275.00 and issued receipt No. 1054 thereof in payment of Mortgage Tax on the within Mortgage Date: 2-20-24 Jason Carini, Rogers County Treasurer, Oklahoma Space Above This Line For Recording Data When recorded return to Loan Department, American Bank of Oklahoma, P.O. Box 66, Collinsville, OK 74021 MORTGAGE DATE AND PARTIES. The date of this Mortgage (Security Instrument) is February 15, 2024. The parties and their addresses are: MORTGAGOR: WILLIAM ISAAC CALICO Spouse of Lindy Kay Calico 5281 E 390 Rd Oologah, OK 74053 LINDY KAY CALICO Spouse of William Isaac Calico 5281 E 390 Rd Oologah, OK 74053 LENDER: AMERICAN BANK OF OKLAHOMA Organized and existing under the laws of Oklahoma 200 E. Main P.O. Box 66 Collinsville, OK 74021-0066 1. DEFINITIONS. For the purposes of this document, the following term has the following meaning. A. Loan. "Loan" refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction. 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Mortgagor's performance under this Security Instrument, Mortgagor does hereby grant, bargain, convey, sell and mortgage to Lender, with the power of sale, the following described property: Lot 1 and the West 139.72 feet of the Lot 2 in block 1 of Coyote Point Industrial Park, a Subdivision in Rogers County, Oklahoma, according to the recorded Plat thereof. The property is located in Rogers County at 12721 S Hwy 88, Oologah, Oklahoma 74053. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber including timber to be cut now or at any time in the future, all diversion payments or third party payments made to crop producers, all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however established. This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 24529000, dated February 15, 2024, from Mortgagor to Lender, with a loan amount of $275,000.00 and maturing on February 15, 2049. B. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. LIMITATIONS ON CROSS-COLLATERALIZATION. The Loan is not secured by a previously executed security instrument if Lender fails to fulfill any necessary requirements or fails to conform to any limitations of the Truth in Lending Act, (Regulation Z), that are required for loans secured by the Property. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor covenants that Mortgagor is lawfully seized of the estate conveyed by this Mortgage and has the right to grant, bargain, convey, sell, and mortgage, with the power of sale, the Property and warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender’s prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor’s payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt 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. 10. WARRANTIES AND REPRESENTATIONS. Mortgagor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing Mortgagor or to which Mortgagor is a party. 11. PROPERTY CONDITION, ALTERATIONS, INSPECTION, VALUATION AND APPRAISAL. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender’s prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender’s prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender’s prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Mortgagor will not partition or subdivide the Property without Lender’s prior written consent. Lender or Lender’s agents may, at Lender’s option, enter the Property at any reasonable time and frequency for the purpose of inspecting, valuing, or appraising the Property. Lender will give Mortgagor notice at the time of or before an on-site inspection, valuation, or appraisal for on-going due diligence or otherwise specifying a reasonable purpose. Any inspection, valuation or appraisal of the Property will be entirely for Lender’s benefit and Mortgagor will in no way rely on Lender’s inspection, valuation or appraisal for its own purpose, except as otherwise provided by law. 12. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor’s name or pay any amount necessary for performance. Lender’s right to perform for Mortgagor will not create an obligation to perform, and Lender’s failure to perform will not preclude Lender from exercising any of Lender’s other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender’s security interest in the Property, including completion of the construction. 13. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, conveys and mortgages to Lender as additional security all the right, title and interest in the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and profits, including but not limited to security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Mortgagor will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. When Lender so directs, Mortgagor will endorse and deliver any payments of Rents from the Property to Lender. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender and effective as to third parties on the Mortgagor's default when Lender takes the affirmative action required by the law where the Property is located. Amounts collected will be applied at Lender's discretion to the Secured Debts, the cost of managing, protecting and preserving the Property, and other necessary expenses. This Security Instrument does not apply when it secures an extension of credit related to a consumer loan or made primarily for an agricultural purpose where Mortgagor is either a natural person or a farm or ranching business corporation. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. This section does not secure any extension of credit made primarily for personal, family or household purposes. 14. DEFAULT. Mortgagor will be in default if any of the following events (known separately and collectively as an Event of Default) occur: A. Payments. Mortgagor fails to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Mortgagor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender. C. Death or Incompetency. Mortgagor dies or is declared legally incompetent. D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. F. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender. G. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor. I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired. M. Insecurity. Lender determines in good faith that a material adverse change has occurred in Mortgagor's financial condition from the conditions set forth in Mortgagor's most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 15. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all remedies Lender has under state or federal law or in any document relating to the Secured Debts, including without limitation, the power to sell the Property. Any amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Mortgagor's default. Subject to any right to cure, required time schedules or any other notice rights Mortgagor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of an Event of Default or anytime thereafter. Lender has the power to sell the Property. If Lender invokes the power of sale, Lender will give notice in the manner required by applicable law to Mortgagor and any other persons prescribed by law. Lender will also publish the notice of sale, and the Property will be sold, as prescribed by applicable law. Upon any sale of the Property, Lender will make and deliver a deed without warranty or appropriate deed required by applicable law that conveys all right, title and interest to the Property that was sold to the purchaser(s). All remedies are distinct, cumulative and not exclusive, and Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 16. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event of Default, to the extent permitted by law, Mortgagor agrees to pay all expenses of collection, enforcement, valuation, appraisal or protection of Lender's rights and remedies under this Security Instrument or any other document relating to the Secured Debts. Mortgagor agrees to pay expenses for Lender to inspect, value, appraise and preserve the Property. 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 the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against Mortgagor. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are and will remain in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Mortgagor will provide Lender with collateral of at least equal value to the Property without prejudice to any of Lender's rights under this Security Instrument. L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE. Mortgagor agrees to keep the Property insured against the risks reasonably associated with the Property. Mortgagor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Mortgagor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals shall include a standard "mortgage clause" (or "lender loss payable clause") endorsement that names Lender as "mortgagee" and "loss payee". If required by Lender, all insurance policies and renewals will also include an "additional insured" endorsement that names Lender as an "additional insured". If required by Lender, Mortgagor agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive general liability insurance must name Lender as an additional insured. The rental loss or business interruption insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing). Mortgagor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Mortgagor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Mortgagor will immediately notify Lender of cancellation or termination of insurance. If Mortgagor fails to keep the Property insured, Lender may obtain insurance to protect Lender's interest in the Property and Mortgagor will pay for the insurance on Lender's demand. Lender may demand that Mortgagor pay for the insurance all at once, or Lender 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 Mortgagor, may be written by a company other than one Mortgagor would choose, and may be written at a higher rate than Mortgagor could obtain if Mortgagor purchased the insurance. Mortgagor acknowledges and agrees that Lender or one of Lender's affiliates may receive commissions on the purchase of this insurance. 20. ESCROW FOR TAXES AND INSURANCE. Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. WAIVER OF APPRAISEMENT. Appraisal of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. 22. USE OF PROPERTY. Mortgagor shall not use or occupy the Property in any manner that would constitute a violation of any state and/or federal laws involving controlled substances, even in a jurisdiction that allows such use by state or local law or ordinance. In the event that Mortgagor becomes aware of such a violation, Mortgagor shall take all actions allowed by law to terminate the violating activity. In addition to all other indemnifications, obligations, rights and remedies contained herein, if the Lender and/or its respective directors, officers, employees, agents and attorneys (each an "Indemnitee") is made a party defendant to any litigation or any claim is threatened or brought against such Indemnitee concerning this Security Instrument or the related property or any part thereof or therein or concerning the construction, maintenance, operation or the occupancy or use of such property, then the Mortgagor shall (to the extent permitted by applicable law) indemnify, defend and hold each Indemnitee harmless from and against all liability by reason of said litigation or claims, including attorneys' fees and expenses incurred by such Indemnitee in connection with any such litigation or claim, whether or not any such litigation or claim is prosecuted to judgment. To the extent permitted by applicable law, the within indemnification shall survive payment of the Secured Debt, and/or any termination, release or discharge executed by the Lender in favor of the Mortgagor. Violation of this provision is a material breach of this Security Instrument and thereby constitutes a default under the terms and provisions of this Security Instrument. 23. APPLICABLE LAW. This Security Instrument 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. 24. JOINT AND SEVERAL LIABILITY AND SUCCESSORS. Each Mortgagor's obligations under this Security Instrument are independent of the obligations of any other Mortgagor. Lender may sue each Mortgagor severally or together with any other Mortgagor. Lender may release any part of the Property and Mortgagor will still be obligated under this Security Instrument for the remaining Property. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Mortgagor. 25. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing. This Security Instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 26. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 27. NOTICE, ADDITIONAL DOCUMENTS AND RECORDING FEES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Mortgagor will be deemed to be notice to all Mortgagors. Mortgagor will inform Lender in writing of any change in Mortgagor's name, address or other application information. Mortgagor will provide Lender any other, correct and complete information Lender requests to effectively mortgage or convey the Property. Mortgagor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Mortgagor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. 28. WAIVER OF JURY TRIAL. All of the parties to this Security Instrument knowingly and intentionally, irrevocably and unconditionally, waive any and all right to a trial by jury in any litigation arising out of or concerning this Security Instrument or any other documents relating to the Secured Debts or related obligation. All of these parties acknowledge that this section has either been brought to the attention of each party's legal counsel or that each party had the opportunity to do so. NOTICE TO MORTGAGOR: A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW THE MORTGAGENTE TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY THE MORTGAGOR UNDER THIS MORTGAGE. SIGNATURES. By signing, Mortgagor agrees to the terms and covenants contained in this Security Instrument. Mortgagor also acknowledges receipt of a copy of this Security Instrument. MORTGAGOR: [Signature] William Isaac Calico Date 2/15/24 [Signature] Lindy Kay Calico Date 2/15/24 LENDER: American Bank of Oklahoma By [Signature] Monte R Linihan, SVP Date [blank] ACKNOWLEDGMENT State OF Oklahoma, County OF Tulsa ss. This instrument was acknowledged before me this 15th day of February 2024 by William Isaac Calico, spouse of Lindy Kay Calico, and Lindy Kay Calico, spouse of William Isaac Calico. My commission expires: Commission number: [Signature] Tamra A Ramirez (Notary Public) (Lender Acknowledgment) State OF Oklahoma, County OF Tulsa ss. This instrument was acknowledged before me this 15th day of February 2024 by Monte R Linihan as SVP of American Bank of Oklahoma. My commission expires: Commission number: [Signature] Tamra A Ramirez (Notary Public)