High Plains Bank v. Billy J. Altstatt

IN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA HIGH PLAINS BANK, Oklahoma Domestic Bank, Plaintiff, vs. (1) BILLY J. ALTSTATTT, Individually (2) EBONY ALTSTATTT, Individually (3) INTERNATIONAL BANK OF COMMERCE, Oklahoma Domestic Bank; (4) FIRST NATIONAL BANK & TRUST COMPANY OF ARDMORE; (5) BKV PROPERTIES, LLC, Oklahoma Limited Liability Company; Defendants. VERIFIED PETITION COMES NOW, HIGH PLAINS BANK, Oklahoma Domestic Bank, by and through said party’s attorney Vivid Niroula of Niroula Law PLLC and for said party’s action against the above-named Defendants alleges and states as follows: JURISDICTION AND VENUE 1. Plaintiff HIGH PLAINS BANK, Oklahoma Domestic Bank ("High Plains") is an Oklahoma Domestic Bank, having its principal place of business in Alva, Woods County, Oklahoma. 2. Defendant BILLY J. ALTSTATTT, ("Mr. Altstatt") is an individual and a resident of Cleveland County, State of Oklahoma, and available for service within the State of Oklahoma. 3. Defendant EBONY ALTSTATTT, ("Mrs. Altstatt") is an individual and a resident of Cleveland County, State of Oklahoma, and available for service within the State of Oklahoma. 4. Defendant INTERNATIONAL BANK OF COMMERCE, Oklahoma Domestic Bank ("IBC") is an Oklahoma Domestic Bank, with principal place of business in Oklahoma City, Oklahoma County, State of Oklahoma, and available for service within the State of Oklahoma. 5. Defendant FIRST NATIONAL BANK & TRUST COMPANY OF ARDMORE, ("FNB") is Oklahoma Domestic For Profit Business Corporation, with principal place of business in Ardmore, Carter County, State of Oklahoma, and available for service within the State of Oklahoma. 6. Defendant BKV PROPERTIES, LLC, Oklahoma Limited Liability Company, ("BKV") is an Oklahoma Domestic Limited Liability Company, and available for service within the State of Oklahoma. 7. The claims alleged herein arise out of the breach of a Promissory Note ("2024 Note") and a Commercial Loan Agreement ("2024 Loan Agreement") executed by Billy J. Altstatt; a true copy of said Note and Loan Agreement, is hereto attached, marked Exhibit "A" and Exhibit "B" respectively. 8. That as a part of the same transaction and to secure the payment of the Note and Loan Agreement above described and the indebtedness represented thereby, the Defendants, Billy J. Altstatt and Ebony Altstatt (collectively "Altstatt Defendants"), made, executed and delivered to the Payee of the Note and Loan Agreement, a certain Modification of Mortgage ("Mortgage Modification") modifying that certain Mortgage ("Original Mortgage") which encumbers the following real property, to-wit: Lots Nine A (9A) and Nine B (9B), in Block Forty-three (43), of WESTBURY, Blocks 42-46, inclusive, an Addition to Oklahoma City, Canadian County, Oklahoma, according to the recorded plat thereof; located at 10103 Birkenhead Ct, Yukon, Oklahoma 73099. 9. That the Original Mortgage was duly executed and acknowledged according to law, the mortgage tax duly paid thereon, and was recorded on February 8, 2023 in Book 5634 at page 874-883 in the office of the County Clerk of Canadian County, Oklahoma, a true and correct copy of which is attached hereto as Exhibit “C” and the record thereof is incorporated herein by reference. 10. That said Mortgage Modification was duly executed and acknowledged according to law, the mortgage tax duly paid thereon, and was recorded on March 26, 2024, in Book 5819 at Pages 804–808 (See Exhibit “F” – a true copy of the same attached herewith) and was re-recorded on April 17, 2024 in Book 5829 at page 535-539 in the office of the County Clerk of Canadian County, Oklahoma, a true and correct copy of which is attached hereto as Exhibit “D” and the record thereof is incorporated herein by reference. 11. Plaintiff has complied with all the terms, conditions precedent and provisions of said Note, Loan Agreement, Original Mortgage, and Mortgage Modification, and is therefore entitled to bring this action. 12. Jurisdiction and venue are proper in the District Court of Canadian County, Oklahoma. FIRST CAUSE OF ACTION BREACH OF PROMISSORY NOTE & COMMERCIAL LOAN AGREEMENT LOAN# 25558 13. High Plains re-alleges and incorporates by reference all allegations made in Paragraphs 1 to 12 herein and further alleges and states the following: 14. On or about January 26, 2024, the Defendant, Billy J. Altstatt for good and valuable consideration, executed a Promissory Note (the “2024 Note”) in favor of Plaintiff HIGH PLAINS BANK in the principal amount of $207,000.00, together with interest as provided therein. Pursuant to the terms of the 2024 Note, the indebtedness is amortized over 240 months but payable in 60 monthly installments, with Defendant to make 59 monthly payments of $1,812.54 beginning February 26, 2024, and continuing on the 26th day of each month thereafter, with the remaining unpaid principal and accrued interest due as a single balloon payment on January 26, 2029. See Exhibit “A”. 15. As part of the loan transaction, and together with the Promissory Note, the Defendant executed a Commercial Loan Agreement (“2024 Loan Agreement”) dated January 26, 2024, which sets forth additional terms and conditions of the loan. See Exhibit “B”. 16. The Defendant, Billy J. Altstatt, has failed to make timely payments pursuant to the terms of the 2024 Note & 2024 Loan Agreement, and is therefore in default. 17. Plaintiff notified Defendants of its intent to accelerate the maturity of the 2024 Note, to foreclose the Mortgage, and to declare the entire unpaid principal balance of the Note, together with all accrued interest and other amounts due thereunder, immediately due and payable, by demand letter dated February 27, 2026. A true and correct copy of the Demand Letter is attached hereto as Exhibit “E”. 18. As of February 25, 2026, that after allowing all just credits there is due to Plaintiff on said note, loan agreement, and mortgage the sum of: <table> <tr> <th>Reason:</th> <th>Amount:</th> </tr> <tr> <td>Unpaid Principal Balance:</td> <td>$206,954.45</td> </tr> <tr> <td>Interest Due:</td> <td>$9,333.79 (interest continue to accrue at $48.86 per day at 8.5%)</td> </tr> <tr> <td>Late Charges:</td> <td>$543.78</td> </tr> <tr> <td>Total Due as of 02/26/2026:</td> <td><b>$216,832.02</b></td> </tr> </table> including all advancements of Plaintiff, if any, for taxes, insurance premiums, or expenses necessary for the preservation of the subject property, all costs of this action; reasonable attorney’s fees and costs as the Court may allow. SECOND CAUSE OF ACTION FORECLOSURE OF 10103 BIRKENHEAD CT., YUKON, OKLAHOMA 73099 19. Plaintiff HIGH PLAINS BANK re-alleges and incorporates by reference all allegations made in Paragraphs 1-18 herein and further alleges and states as following: 20. Indebtedness owned under the 2024 Note is secured by Mortgage granted by Defendants, Billy J. Altstatt and Ebony Altstatt. By said mortgage and subsequent modification, Defendants mortgaged to Plaintiff all of their rights, title, and interest in, and to, the following described property situated in Oklahoma County, State of Oklahoma, to wit: Lots Nine A (9A) and Nine B (9B), in Block Forty-three (43), of WESTBURY, Blocks 42-46, inclusive, an Addition to Oklahoma City, Canadian County, Oklahoma, according to the recorded plat thereof; located at 10103 Birkenhead Ct, Yukon, Oklahoma 73099 (hereinafter the “Property”). 21. That the Original Mortgage was duly executed and acknowledged according to law, the mortgage tax duly paid thereon, and was recorded on February 8, 2023 in Book 5634 at page 874-883 in the office of the County Clerk of Canadian County, Oklahoma, a true and correct copy of which is attached hereto as Exhibit “C” and the record thereof is incorporated herein by reference. 22. A Mortgage Modification relating to the Original Mortgage was recorded on March 26, 2024, in Book 5819 at Pages 804–808, in the office of the County Clerk of Canadian County, Oklahoma. A true and correct copy of which is attached hereto as Exhibit “F” and the record thereof is incorporated herein by reference. 23. That the Mortgage Modification was re-recorded on April 17, 2024 in Book 5829 at page 535-539 in the office of the County Clerk of Canadian County, Oklahoma, a true and correct copy of which is attached hereto as Exhibit “D” and the record thereof is incorporated herein by reference. 24. The 2024 Note and Original Mortgage (including subsequent modification) are in default and by their terms Plaintiff is entitled to foreclose the mortgaged Property. Said property secures the indebtedness owed by the Altstatt Defendants. 25. The Original Mortgage provided that the appraisement of the Property encumbered by said mortgage is waived or not waived at the option of the Plaintiff, which option may be exercised before or at the time judgment is entered. Plaintiff hereby elects to foreclose the mortgage and the Property at 10103 Birkenhead Ct, Yukon, Oklahoma 73099 with appraisement. 26. Plaintiff has complied with all of the terms and provisions of the 2024 Note, 2024 Loan Agreement, and Original Mortgage (including subsequent modification), and all conditions precedent to the bringing of this action have been met. 27. Plaintiff notified Defendants of its intent to accelerate the maturity of the 2024 Note, to foreclose the Mortgage, and to declare the entire unpaid principal balance of the Note, together with all accrued interest and other amounts due thereunder, immediately due and payable, by demand letter dated February 27, 2026. A true and correct copy of the Demand Letter is attached hereto as Exhibit “E”. 28. The following Defendants may be claiming some right, title, claim, estate, and/or interest in and to the 10103 Birkenhead Ct, Yukon, Oklahoma 73099 Property, which may include the interest identified below (or some other interest). Provided however, any interest of said Defendants is junior, inferior and subject to the mortgage lien created and established by the Plaintiff’s Original 2023 Mortgage (including subsequent modification). Said Defendants (and each of them) should appear and defend in this action and prove the superiority of his/her/its interest in the 10103 Birkenhead Ct, Yukon, Oklahoma 73099 Property to that of Plaintiff. Failing that, each of said Defendant’s right, title. Claim, estate, and/or interests in, or to, the 10103 Birkenhead Ct, Yukon, Oklahoma 73099 Property should be declared junior and inferior to those of Plaintiff, and the same ordered foreclosed subject to Plaintiff’s mortgage liens and security interests. <table> <tr> <th>Defendant:</th> <th>Interest/Possible Interest:</th> <th>Comment</th> </tr> <tr> <td>First National Bank & Trust Company of Ardmore</td> <td><b>Judgment Lien</b><br><i>Recorded: Book M 114,<br>Page 980-990 (<u>09/23/2024</u>)</i></td> <td>Case No. CJ-2024-584 (Cleveland County)</td> </tr> <tr> <td>BKV Properties, LLC</td> <td><b>Judgment Lien</b><br><i>Recorded: Book M 116,<br>Page 185-189 (<u>10/24/2024</u>)</i></td> <td>Case No. CJ-2024-687 (Cleveland County)</td> </tr> <tr> <td>International Bank of Commerce</td> <td><b>Mortgage</b><br><i>Recorded: Book RB 6057,<br>Page 662-683 (<u>07/23/2025</u>)</i></td> <td></td> </tr> <tr> <td>International Bank of Commerce</td> <td><b>Judgment Lien</b><br>Recorded: Book M 128,<br>page 160-161 (<u>01/22/2026</u>)</td> <td>Case No. CJ-2025-8584 (Oklahoma County)</td> </tr> </table> 29. Plaintiff expressly reserves the right to determine, at any stage of this proceeding, whether to continue pursuing the foreclosure cause of action through to final judgment and sale of the subject property. The Plaintiff’s decision to delay, abandon, or otherwise not pursue the foreclosure cause of action in this action shall not, under any circumstances, waive, limit, or impair Plaintiff’s ability to pursue other causes of action asserted in this petition, including but not limited to claims for breach of the promissory note, not shall it operate as a release of any debt, obligation, or liability of the Defendant(s). PRAYER FOR RELIEF WHEREFORE, premises considered, Plaintiff HIGH PLAINS BANK asks that: In Personam Money Judgment on 2024 Note/2024 Loan Agreement (First Cause of Action) Plaintiff be granted an in personam money judgment against defendant Billy J. Altstatt Individually, in the sum listed above in paragraph 18, plus costs and attorney’s fees provided for by the terms of the 2024 Note and 2024 Loan Agreement and any other relief this court deems just and proper. Foreclosure of 10103 Birkenhead Ct Property/Judgment In Rem (Second Cause of Action) Plaintiff be granted judgment in rem against all said Defendants, in the Property located at 10103 Birkenhead Ct., Yukon, Oklahoma 73099 adjudging: That all of the said Defendants to require to appear and set forth any right, title, claim, or interest which they have, or may have, in and to the Property; and, That the Plaintiff’s Original Mortgage along with its subsequent modification be foreclosed and that the same be declared a valid first, prior and superior lien upon the property, for and in the amounts above set forth and ordering said real estate and premises sold, for cash, with or without appraisement, as the Plaintiff shall elect, and as provided in said mortgage and by law, subject to unpaid taxes, advancements by Plaintiff for taxes, insurance premiums, or expenses necessary for the preservation of the subject property, if any, to satisfy said judgment, and that the proceeds arising therefrom be applied to the payment of the costs herein, and the payments and satisfaction of the judgment, mortgage and lien of this Plaintiff, and that the surplus, if any, be paid into Court to abide the further order of the Court; and That all right, title, and interest of said Defendants, and each of them, if any, in and to the property be adjudged subject, junior and inferior to the mortgage lien and judgement of this Plaintiff, and that upon confirmation of such 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 or to the property, or any part thereof; and, That this Plaintiff have such other and further relief as may be just and equitable. DATED THIS March 19, 2026 Respectfully submitted By: Vivid Niroula, OBA #35188 Niroula Law PLLC 14 NE 13th St. Suite 211 Oklahoma City, OK 73104 Telephone: (405) 456-9250 [email protected] Attorney for HIGH PLAINS BANK THIS IS AN ATTEMPT TO COLLECT DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION STATE OF OKLAHOMA ) COUNTY OF Blaine ) SS. I, Smith Wycoff, pursuant to Okla. Stat. tit. 12 §§ 72 and 426, of lawful age, hereby state that I am the Executive Vice President of HIGH PLAINS BANK, that I have read the foregoing verified Petition as it relates to all causes of actions, and that I am familiar with the factual matters set forth therein. Based upon facts known to me, and in reliance upon the books and records of the bank, the factual statements made therein in support of all causes of actions, are true and correct to the best of my knowledge and belief. I declare and affirm under penalty of perjury under the laws of the State of Oklahoma that the foregoing statements are true and correct. Executed this 17 day of March, 2026. Smith Wycoff Executive Vice President High Plains Bank 202 N. Main Okeene, OK 73763 STATE OF OKLAHOMA ) COUNTY OF CLEVELAND ) ss. Before me, the undersigned, a Notary Public in and for this state, on the 17 day of March, in the year 2026, personally appeared Smith Wycoff to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein set forth. Notary Public, State of Oklahoma My commission expires: 06/07/2029 <table> <tr> <th>LOAN NUMBER</th> <th>LOAN NAME</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>INITIALS</th> </tr> <tr> <td>25558</td> <td>Billy J Altstatt</td> <td></td> <td>01/26/24</td> <td>SW</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>$207,000.00</td> <td>Not Applicable</td> <td>8.500%</td> <td>01/26/29</td> <td>Commercial</td> </tr> </table> PROMISSORY NOTE (Commercial - Single Advance) RENEWAL NOTE DATE AND PARTIES. The date of this Promissory Note (Note) is January 26, 2024. The parties and their addresses are: LENDER: HIGH PLAINS BANK 810 E. OKLAHOMA BLVD. PO BOX 784 ALVA, OK 73717-0784 Telephone: (580) 327-1777 BORROWER: BILLY J ALTSTATT 13801 Cascata Strada Terrace Oklahoma City, OK 73170 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. RENEWAL. This Note is a renewal of the following described note: <table> <tr> <th>Note Date</th> <th>Note Number</th> <th>Note Amount</th> </tr> <tr> <td>January 26, 2023</td> <td># 25558</td> <td>$207,000.00</td> </tr> </table> I have requested that the note listed in the table above be renewed. The remaining balance of the note listed in the table above is $207,000.00. 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 $207,000.00 (Principal) plus interest from January 26, 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 8.500 percent (Interest Rate). A. Interest After Default. If you declare a default under the terms of the Loan, including for failure to pay in full at maturity, you may increase the Interest Rate otherwise payable as described in this section. In such event, interest will accrue on the unpaid Principal balance of this Note at a rate equal to the rate in effect prior to default, plus 10.000 percent, 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. 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 $20.00, whichever is greater. 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 this Note in 60 payments. This Note is amortized over 240 payments. I will make 59 payments of $1,812.54 beginning on February 26, 2024, and on the 26th day of each month thereafter. A single "balloon payment" of the entire unpaid balance of Principal and interest will be due January 26, 2029. Payments will be rounded to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. Each payment I make on this 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. 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 Renew HPB #25553 into a term loan -- original purpose was to payoff current mortgage on subject and additional funds for auto dealership expenses. 10. SECURITY. The Loan is secured by previously executed, separate security instruments described as follows: <table> <tr> <th>Description</th> <th>Date</th> </tr> <tr> <td>1st RE mortgage</td> <td>January 26, 2023</td> </tr> </table> The Loan is also secured by the following, previously executed, security instruments or agreements: Mortgage made by Billy J. Altstatt, spouse of Ebony Altstatt, Ebony Altstatt, spouse of Billy J. Altstatt, in favor of High Plains Bank dated January 26, 2023, filed February 8, 2023 at 9:32AM recorded in Book 5634, Page 874 in the office of the County Clerk of Canadian County, Oklahoma, to secure the sum of $207,000.00.. 11. DUE ON SALE. 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 transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law, as applicable. 12. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. 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, guarantying 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. AGREEMENT TO ARBITRATE. You or I may submit to binding arbitration any dispute, claim or other matter in question between or among you and me that arises out of or relates to this Transaction (Dispute), except as otherwise indicated in this section or as you and I agree to in writing. For purposes of this section, this Transaction includes this Note and the other Loan Documents, and proposed loans or extensions of credit that relate to this Note. You or I will not arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws. You and I must consent to arbitrate any Dispute concerning a debt secured by real estate at the time of the proposed arbitration. You may foreclose or exercise any powers of sale against real property securing a debt underlying any Dispute before, during or after any arbitration. You may also enforce a debt secured by this real property and underlying the Dispute before, during or after any arbitration. You or I may, whether or not any arbitration has begun, pursue any self-help or similar remedies, including taking property or exercising other rights under the law; seek attachment, garnishment, receivership or other provisional remedies from a court having jurisdiction to preserve the rights of or to prevent irreparable injury to you or me; or foreclose against any property by any method or take legal action to recover any property. Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to compel arbitration. The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether individual or joint in nature, or whether based on contract, tort, or any other matter at law or in equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in question not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment or decree will be enforced as any other judgment or decree. You and I acknowledge that the agreements, transactions or the relationships which result from the agreements or transactions between and among you and me involve interstate commerce. The United States Arbitration Act will govern the interpretation and enforcement of this section. The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this Note, will govern the selection of the arbitrator and the arbitration process, unless otherwise agreed to in this Note or another writing. 22. WAIVER OF TRIAL FOR ARBITRATION. You and I understand that the parties have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes through arbitration instead of litigation. If any Dispute is arbitrated, you and I voluntarily and knowingly waive the right to have a trial by jury or judge during the arbitration. 23. WAIVER OF JURY TRIAL. If the parties do not opt for arbitration, then 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: Billy J Altstatt Date 1-26-24 LENDER: HIGH PLAINS BANK By SMITH WYCOFF, EVP Date 1-26-24 <table> <tr> <th>LOAN NUMBER</th> <th>LOAN NAME</th> <th>ACCT. NUMBER</th> <th>AGREEMENT DATE</th> <th>INITIALS</th> </tr> <tr> <td>25558</td> <td>Billy J Altstatt</td> <td></td> <td>01/26/24</td> <td>SW</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>$207,000.00</td> <td>Not Applicable</td> <td>8.500%</td> <td>01/26/29</td> <td>Commercial</td> </tr> <tr> <td colspan="5">Creditor Use Only</td> </tr> </table> COMMERCIAL LOAN AGREEMENT Single Advance Loan DATE AND PARTIES. The date of this Commercial Loan Agreement (Agreement) is January 26, 2024. The parties and their addresses are as follows: LENDER: HIGH PLAINS BANK 810 E. OKLAHOMA BLVD. PO BOX 784 ALVA, OK 73717-0784 BORROWER: BILLY J ALTSTATT 13801 Cascata Strada Terrace Oklahoma City, OK 73170 1. DEFINITIONS. For the purposes of this Agreement, the following terms have the following meanings. A. Accounting Terms. In this Agreement, any accounting terms that are not specifically defined will have their customary meanings under generally accepted accounting principles. B. Insiders. Insiders include those defined as insiders by the United States Bankruptcy Code, as amended; or to the extent left undefined, include without limitation any officer, employee, stockholder or member, director, partner, or any immediate family member of any of the foregoing, or any person or entity which, directly or indirectly, controls, is controlled by or is under common control with me. 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. D. Loan Documents. Loan Documents refer to all the documents executed as a part of or in connection with the Loan. E. Pronouns. The pronouns "I", "me" and "my" refer to every Borrower signing this Agreement and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Agreement. "You" and "your" refers to the Loan's lender, any participants or syndicators, successors and assigns, or any person or company that acquires an interest in the Loan. F. Property. Property is any property, real, personal or intangible, that secures my performance of the obligations of this Loan. 2. SINGLE ADVANCE. In accordance with the terms of this Agreement and other Loan Documents, you will provide me with a term note in the amount of $207,000.00 (Principal). I will receive the funds from this Loan in one advance. No additional advances are contemplated, except those made to protect and preserve your interests as provided in this Agreement or other Loan Documents. 3. DEMAND. I agree to fully repay the Loan on demand, but if no demand is made, I will repay the Loan by January 26, 2029. 4. WARRANTIES AND REPRESENTATIONS. I represent and warrant that 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. A. Hazardous Substances. Except as I previously disclosed in writing and you acknowledge in writing, no Hazardous Substance, underground tanks, private dumps or open wells are currently located at, on, in, under or about the Property. B. Use of Property. After diligent inquiry, I do not know or have reason to know that any Hazardous Substance has been discharged, leached or disposed of, in violation of any Environmental Law, from the property onto, over or into any other property, or from any other property onto, over or into the property. C. Environmental Laws. I have no knowledge or reason to believe that there is any pending or threatened investigation, claim, judgment or order, violation, lien, or other notice under any Environmental Law that concerns me or the property. The property and any activities on the property are in full compliance with all Environmental Law. D. Loan Purpose. The purpose of this Loan is Renew HPB #25558 into a term loan -- original purpose was to payoff current mortgage on subject and additional funds for auto dealership expenses. E. No Other Liens. I own or lease all property that I need to conduct my business and activities. I have good and marketable title to all property that I own or lease. All of my Property is free and clear of all liens, security interests, encumbrances and other adverse claims and interests, except those to you or those you consent to in writing. F. Compliance With Laws. I am not violating any laws, regulations, rules, orders, judgments or decrees applicable to me or my property, except for those which I am challenging in good faith through proper proceedings after providing adequate reserves to fully pay the claim and its challenge should I lose. G. Legal Disputes. There are no pending or threatened lawsuits, arbitrations or other proceedings against me or my property that singly or together may materially and adversely affect my property, operations, financial condition, or business. H. Adverse Agreements. I am not a party to, nor am I bound by, any agreement that is now or is likely to become materially adverse to my business, Property or operations. I. Other Claims. There are no outstanding claims or rights that would conflict with the execution, delivery or performance by me of the terms and conditions of this Agreement or the other Loan Documents. No outstanding claims or rights exist that may result in a lien on the Property, the Property's proceeds and the proceeds of proceeds, except liens that were disclosed to and agreed to by you in writing. J. Solvency. I am able to pay my debts as they mature, my assets exceed my liabilities and I have sufficient capital for my current and planned business and other activities. I will not become insolvent by the execution or performance of this Loan. 5. FINANCIAL STATEMENTS. I will prepare and maintain my financial records using consistently applied generally accepted accounting principles then in effect. I will provide you with financial information in a form that you accept and under the following terms. A. Certification. I represent and warrant that any financial statements that I provide you fairly represents my financial condition for the stated periods, is current, complete, true and accurate in all material respects, includes all of my direct or contingent liabilities and there has been no material adverse change in my financial condition, operations or business since the date the financial information was prepared. B. Frequency. I will provide to you on an annual basis my financial statements, tax returns, annual internal audit reports or those prepared by independent accountants as soon as available or at least within days after the close of each of my fiscal years. Any annual financial statements that I provide you will be audited statements. C. SEC Reports. I will provide you with true and correct copies of all reports, notices or statements that I provide to the Securities and Exchange Commission, any securities exchange or my stockholders, owners, or the holders of any material indebtedness as soon as available or at least within days after issuance. D. Requested Information. I will provide you with any other information about my operations, financial affairs and condition within days after your request. E. Additional Financial Statements Terms. Borrower to provide annual income tax returns and annual financial statement with a detailed balance sheet for: Billy J Altstatt 6. COVENANTS. Until the Loan and all related debts, liabilities and obligations are paid and discharged, I will comply with the following terms, unless you waive compliance in writing. A. Participation. I consent to you participating or syndicating the Loan and sharing any information that you decide is necessary about me and the Loan with the other participants or syndicators. B. Inspection. Following your written request, I will immediately pay for all one-time and recurring out-of-pocket costs that are related to the inspection of my records, business or Property that secures the Loan. Upon reasonable notice, I will permit you or your agents to enter any of my premises and any location where my Property is located during regular business hours to do the following. (1) You may inspect, audit, check, review and obtain copies from my books, records, journals, orders, receipts, and any correspondence and other business related data. (2) You may discuss my affairs, finances and business with any one who provides you with evidence that they are a creditor of mine, the sufficiency of which will be subject to your sole discretion. (3) You may inspect my Property, audit for the use and disposition of the Property's proceeds and proceeds of proceeds; or do whatever you decide is necessary to preserve and protect the Property and your interest in the Property. After prior notice to me, you may discuss my financial condition and business operations with my independent accountants, if any, or my chief financial officer and I may be present during these discussions. As long as the Loan is outstanding, I will direct all of my accountants and auditors to permit you to examine my records in their possession and to make copies of these records. You will use your best efforts to maintain the confidentiality of the information you or your agents obtain, except you may provide your regulator, if any, with required information about my financial condition, operation and business or that of my parent, subsidiaries or affiliates. C. Business Requirements. I will preserve and maintain my present existence and good standing in the jurisdiction where I am organized and all of my rights, privileges and franchises. I will do all that is needed or required to continue my business or activities as presently conducted, by obtaining licenses, permits and bonds everywhere I engage in business or activities or own, lease or locate my property. I will obtain your prior written consent before I cease my business or before I engage in any new line of business that is materially different from my present business. D. Compliance with Laws. I will not violate any laws, regulations, rules, orders, judgments or decrees applicable to me or my Property, except for those which I challenge in good faith through proper proceedings after providing adequate reserves to fully pay the claim and its appeal should I lose. Laws include without limitation the Federal Fair Labor Standards Act requirements for producing goods, the federal Employee Retirement Income Security Act of 1974's requirements for the establishment, funding and management of qualified deferred compensation plans for employees, health and safety laws, environmental laws, tax laws, licensing and permit laws. On your request, I will provide you with written evidence that I have fully and timely paid my taxes, assessments and other governmental charges levied or imposed on me, my income or profits and my property. Taxes include without limitation sales taxes, use taxes, personal property taxes, documentary stamp taxes, recodration taxes, franchise taxes, income taxes, withholding taxes, FICA taxes and unemployment taxes. I will adequately provide for the payment of these taxes, assessments and other charges that have accrued but are not yet due and payable. E. New Organizations. I will obtain your written consent before organizing, merging into, or consolidating with an entity; acquiring all or substantially all the assets of another; materially changing the legal structure, management, ownership or financial condition; or effecting or entering into a domestication, conversion or interest exchange. F. Dealings with Insiders. I will not purchase, acquire or lease any property or services from, or sell, provide or lease any property or services to, or permit any outstanding loans or credit extensions to, or otherwise deal with, any insiders except as required under contracts existing at the time I applied for the Loan and approved by you or as this Agreement otherwise permits. I will not change or breach these contracts existing at Loan application so as to cause an acceleration of or an increase in any payments due. G. Other Debts. I will pay when due any and all other debts owed or guaranteed by me and will faithfully perform, or comply with all the conditions and obligations imposed on me concerning the debt or guaranty. H. Other Liabilities. I will not incur, assume or permit any debt evidenced by notes, bonds or similar obligations, except: debt in existence on the date of this Agreement and fully disclosed to you; debt subordinated in payment to you on conditions and terms acceptable to you; accounts payable incurred in the ordinary course of my business and paid under customary trade terms or contested in good faith with reserves satisfactory to you. I. Notice to You. I will promptly notify you of any material change in my financial condition, of the occurrence of a default under the terms of this Agreement or any other Loan Document, or a default by me under any agreement between me and any third party which materially and adversely affects my property, operations, financial condition or business. J. Certification of No Default. On your request, my chief financial officer or my independent accountant will provide you with a written certification that to the best of their knowledge no event of default exists under the terms of this Agreement or the other Loan Documents, and that there exists no other action, condition or event which with the giving of notice or lapse of time or both would constitute a default. As requested, my chief financial officer or my independent accountant will also provide you with computations demonstrating compliance with any financial covenants and ratios contained in this Agreement. If an action, condition or event of default does exist, the certificate must accurately and fully disclose the extent and nature of this action, condition or event and state what must be done to correct it. K. Use of Loan Proceeds. I will not permit the loan proceeds to be used to purchase, carry, reduce, or retire any loan originally incurred to purchase or carry any margin stock or otherwise cause the Loan to violate Federal Reserve Board Regulations U or X, or Section 8 of the Securities and Exchange Act of 1934 and its regulations, as amended. L. Dispose of No Assets. Without your prior written consent or as the Loan Documents permit, I will not sell, lease, assign, transfer, dispose of or otherwise distribute all or substantially all of my assets to any person other than in the ordinary course of business for the assets' depreciated book value or more. M. No Other Liens. I will not create, permit or suffer any lien or encumbrance upon any of my properties for or by anyone, other than you, except for: nonconsensual liens imposed by law arising out of the ordinary course of business on obligations that are not overdue or which I am contesting in good faith after making appropriate reserves; valid purchase money security interests on personal property; or any other liens specifically agreed to by you in writing. N. Guaranties. I will not guaranty or become liable in any way as surety, endorser (other than as endorser of negotiable instruments in the ordinary course of business) or accommodation endorser or otherwise for the debt or obligations of any other person or entity, except to you or as you otherwise specifically agree in writing. O. No Default under Other Agreements. I will not allow to occur, or to continue unremedied, any act, event or condition which constitutes a default , or which, with the passage of time or giving of notice, or both, would constitute a default under any agreement, document, instrument or undertaking to which I am a party or by which I may be bound. P. Legal Disputes. I will promptly notify you in writing of any threatened or pending lawsuit, arbitration or other proceeding against me or any of my property, not identified in my financial statements, or that singly or together with other proceedings may materially and adversely affect my property, operations, financial condition or business. I will use my best efforts to bring about a favorable and speedy result of any of these lawsuits, arbitrations or other proceedings. Q. Other Notices. I will immediately provide you with any information that may materially and adversely affect my ability to perform this Agreement and of its anticipated effect. R. Loan Obligations. I will comply with the terms and agreements contained in this Agreement and in the other Loan Documents. S. Insurance. I will obtain and maintain insurance with insurers, in amounts and coverages that are acceptable to you and customary with industry practice. This may include without limitation insurance policies for public liability, fire, hazard and extended risk, workers compensation, and, at your request, business interruption and/or rent loss insurance. At your request, I will deliver to you certified copies of all of these insurance policies, binders or certificates. I will obtain and maintain a mortgagee clause (or lender loss payable clause) endorsement - naming you as the loss payee. If you require, I will also obtain an "additional insured" endorsement - naming you as an additional insured. I will immediately notify you of cancellation or termination of insurance. I will require all insurance policies to provide you with at least 10 days prior written notice to you of cancellation or modification. I consent to you using or disclosing information relative to any contract of insurance required by the Loan for the purpose of replacing this insurance. I also authorize my insurer and you to exchange all relevant information related to any contract of insurance required by any document executed as part of this Loan. T. Property Maintenance. I will keep all tangible and intangible property that I consider necessary or useful in my business in good working condition by making all needed repairs, replacements and improvements and by making all rental, lease or other payments due on this property. U. Property Loss. I will immediately notify you, and the insurance company when appropriate, of any material casualty, loss or depreciation to the Property or to my other property that affects my business. V. Reserves. You may set aside and reserve Loan proceeds for Loan interest, fees and expenses, taxes, and insurance. I grant you a security interest in the reserves. No interest will accrue on any reserve Loan proceeds. Disbursement of reserves is disbursement of the Loan's proceeds. At my request, you will disburse the reserves for the purpose they were set aside for, as long as I am not in default under this Agreement. You may directly pay these reserved items, reimburse me for payments I made, or reduce the reserves and increase the Loan proceeds available for disbursement. W. Additional Taxes. I will pay all filing and recording costs and fees, including any recordation, documentary or transfer taxes or stamps, that are required to be paid with respect to this Loan and any Loan Documents. 7. INSURANCE. A. 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. 8. DEFAULT. I understand that you may demand payment anytime at your discretion. For example, you may demand payment in full 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 or any co-signer, endorser, surety or guarantor of this Agreement or any other obligations I have 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. Insecurity. You determine in good faith that a material adverse change has occurred in Borrower's financial condition from the conditions set forth in Borrower's most recent financial statement before the date of this Agreement or that the prospect for payment or performance of the Loan is impaired for any reason. 9. 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 Loan immediately due. If I am a debtor in a bankruptcy petition or in an application filed under section 5(a)(3) of the Securities Investor Protection Act, the Loan is automatically accelerated and immediately due and payable without notice or demand upon filing of the petition or application. This remedy is subject to my limited right to cure certain defaults and to receive any notice informing me of such a right under 46 OSA 44. B. Sources. You may use any and all remedies you have under state or federal law or in any Loan Document. C. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on my default. D. Payments Made On My Behalf. Amounts advanced on my behalf will be immediately due and may be added to the balance owing under the terms of the Loan, and accrue interest at the highest post-maturity interest rate. E. Attachment. You may attach or garnish my wages or earnings. F. Set-Off. You may use the right of set-off. This means you may set-off any amount due and payable under the terms of the Loan against any right I have to receive money from you. My right to receive money from you includes any deposit or share account balance I have with you; any money owed to me on an item presented to you or in your possession for collection or exchange; and any repurchase agreement or other non-deposit obligation. “Any amount due and payable under the terms of the Loan” means the total amount to which you are entitled to demand payment under the terms of the Loan at the time you set-off. Subject to any other written contract, if my right to receive money from you is also owned by someone who has not agreed to pay the Loan, 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 of any check when the dishonor occurs because you set-off 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. G. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues or occurs again. 10. COLLECTION EXPENSES AND ATTORNEYS’ FEES. On or after the occurrence of an Event of Default, to the extent permitted by law, I agree to pay all expenses of collection, enforcement or protection of your rights and remedies under this Agreement or any other Loan Document. Expenses include, but are not limited to, attorneys’ fees, court costs and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of this Loan. All fees and expenses will be secured by the Property I have granted to you, if any. In addition, to the extent permitted by the United States Bankruptcy Code, I agree to pay the reasonable attorneys’ fees incurred by you to protect your rights and interests in connection with any bankruptcy proceedings initiated by or against me. 11. 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. 12. 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. You may assign all or part of your rights or duties under this Agreement or the Loan Documents without my consent. If you assign this Agreement, all of my covenants, agreements, representations and warranties contained in this Agreement or the Loan Documents will benefit your successors and assigns. I may not assign this Agreement or any of my rights under it without your prior written consent. The duties of the Loan will bind my successors and assigns. 13. 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. 14. 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. 15. 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 will provide you any correct and complete financial statements or other information you request. I agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Loan and to confirm your lien status on any Property. Time is of the essence. 16. AGREEMENT TO ARBITRATE. You or I may submit to binding arbitration any dispute, claim or other matter in question between or among you and me that arises out of or relates to this Transaction (Dispute), except as otherwise indicated in this section or as you and I agree to in writing. For purposes of this section, this Transaction includes this Agreement and the other Loan Documents, and proposed loans or extensions of credit that relate to this Agreement. You or I will not arbitrate any Dispute within any “core proceedings” under the United States bankruptcy laws. You and I must consent to arbitrate any Dispute concerning a debt secured by real estate at the time of the proposed arbitration. You may foreclose or exercise any powers of sale against real property securing a debt underlying any Dispute before, during or after any arbitration. You may also enforce a debt secured by this real property and underlying the Dispute before, during or after any arbitration. You or I may, whether or not any arbitration has begun, pursue any self-help or similar remedies, including taking property or exercising other rights under the law; seek attachment, garnishment, receivership or other provisional remedies from a court having jurisdiction to preserve the rights of or to prevent irreparable injury to you or me; or foreclose against any property by any method or take legal action to recover any property. Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to compel arbitration. The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether individual or joint in nature, or whether based on contract, tort, or any other matter at law or in equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in question not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator’s award. The judgment or decree will be enforced as any other judgment or decree. You and I acknowledge that the agreements, transactions or the relationships which result from the agreements or transactions between and among you and me involve interstate commerce. The United States Arbitration Act will govern the interpretation and enforcement of this section. The American Arbitration Association’s Commercial Arbitration Rules, in effect on the date of this Agreement, will govern the selection of the arbitrator and the arbitration process, unless otherwise agreed to in this Agreement or another writing. 17. WAIVER OF TRIAL FOR ARBITRATION. You and I understand that the parties have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes through arbitration instead of litigation. If any Dispute is arbitrated, you and I voluntarily and knowingly waive the right to have a trial by jury or judge during the arbitration. 18. WAIVER OF JURY TRIAL. If the parties do not opt for arbitration, then 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. 19. SIGNATURES. By signing, I agree to the terms contained in this Agreement. I also acknowledge receipt of a copy of this Agreement. BORROWER: Billy J Altstatt Date 1-26-24 LENDER: HIGH PLAINS BANK By SMITH WYCOFF, EVP Date 1-26-24 Ret to: Stewart Title of Oklahoma, Inc. 701 N. Broadway, # 300 Oklahoma City, OK 73102 1857103 Space Above This Line For Recording Data When recorded______________ MORTGAGE DATE AND PARTIES. The date of this Mortgage (Security Instrument) is January 26, 2023. The parties and their addresses are: MORTGAGOR: BILLY J ALTSTATT Spouse of Ebony Altstatt 13801 Cascata Strada Terrace Oklahoma City, OK 73170 EBONY ALTSTATT Spouse of Billy J Altstatt 13801 Cascata Strada Terrace Oklahoma City, OK 73170 LENDER: HIGH PLAINS BANK Organized and existing under the laws of Oklahoma 810 E. OKLAHOMA BLVD. PO BOX 784 ALVA, OK 73717-0784 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: Lots Nine A (9A) and Nine B (9B), in Block Forty-three (43), of WESTBURY Blocks 42-46, inclusive, an Addition to Oklahoma City, Canadian County, Oklahoma, according to the recorded plat thereof. The property is located in Canadian County at 10103 Birkenhead Ct, Yukon, Oklahoma 73099. 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. 25558, dated January 26, 2023, from Billy J Altstatt (Borrower) to Lender, with a loan amount of $207,000.00 and maturing on January 26, 2024. B. All Debts. All present and future debts from Billy J Altstatt to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. 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. 5. NON-OBLIGATED MORTGAGOR. Any Mortgagor, who is not also identified as a Borrower in the Secured Debts section of this Security Instrument and who signs this Security Instrument, is referred to herein as a Non-Obligated Mortgagor for purposes of subsection 7(d)(4) of 12 C.F.R. 1002 (Regulation B) which implements the Equal Credit Opportunity Act (ECOA). By signing this Security Instrument, the Non-Obligated Mortgagor does mortgage and assign their rights and interests in the Property to secure payment of the Secured Debts, to create a valid lien, to pass clear title, to waive inchoate rights and to assign earnings or rights to payment under any lease or rent of the Property. However, the Non-Obligated Mortgagor is not personally liable for the Secured Debts by virtue of signing this Security Instrument. Nothing in this section shall be construed to modify or otherwise affect the Non-Obligated Mortgagor's obligations, if any, that were separately made with Lender in a separate agreement and duly signed by the Non-Obligated Mortgagor in the context of that separate agreement. 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. 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 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, 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 or Borrower 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 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 Borrower's financial condition from the conditions set forth in Borrower'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, valuate, 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 Regulatory 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 Regulatory Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Regulatory 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 Regulatory 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 Regulatory 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 Regulatory 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 Regulatory 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. Appraisement 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. AGREEMENT TO ARBITRATE. Lender or Mortgageor may submit to binding arbitration any dispute, claim or other matter in question between or among Lender and Mortgagor that arises out of or relates to this Transaction (Dispute), except as otherwise indicated in this section or as Lender and Mortgagor agree to in writing. For purposes of this section, this Transaction includes this Security Instrument and any other document relating to the Secured Debts, and proposed loans or extensions of credit that relate to this Security Instrument. Lender or Mortgagor will not arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws. Lender and Mortgagor must consent to arbitrate any Dispute concerning the Secured Debt secured by real estate at the time of the proposed arbitration. Lender may foreclose or exercise any powers of sale against real property securing the Secured Debt underlying any Dispute before, during or after any arbitration. Lender may also enforce the Secured Debt secured by this real property and underlying the Dispute before, during or after any arbitration. Lender or Mortgageor may, whether or not any arbitration has begun, pursue any self-help or similar remedies, including taking property or exercising other rights under the law; seek attachment, garnishment, receivership or other provisional remedies from a court having jurisdiction to preserve the rights of or to prevent irreparable injury to Lender or Mortgageor; or foreclose against any property by any method or take legal action to recover any property. Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to compel arbitration. The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether individual or joint in nature, or whether based on contract, tort, or any other matter at law or in equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in question not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment or decree will be enforced as any other judgment or decree. Lender and Mortgageor acknowledge that the agreements, transactions or the relationships which result from the agreements or transactions between and among Lender and Mortgageor involve interstate commerce. The United States Arbitration Act will govern the interpretation and enforcement of this section. The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this Security Instrument, will govern the selection of the arbitrator and the arbitration process, unless otherwise agreed to in this Security Instrument or another writing. 29. WAIVER OF TRIAL FOR ARBITRATION. Lender and Mortgageor understand that the parties have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes through arbitration instead of litigation. If any Dispute is arbitrated, Lender and Mortgageor voluntarily and knowingly waive the right to have a trial by jury or judge during the arbitration. 30. WAIVER OF JURY TRIAL. If the parties do not opt for arbitration, then 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 MORTGAGEE 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: Billy J Altstatt Date 1/26/23 Ebony Altstatt Date 1/26/23 ACKNOWLEDGMENT. State OF Oklahoma, County OF Canadian ss. This instrument was acknowledged before me this 26th day of January, 2023 by Billy J Altstatt, spouse of Ebony Altstatt, and Ebony Altstatt, spouse of Billy J Altstatt. My commission expires: Commission number: Alex Naylor (Notary Public) #19005266 EXP. 05/22/23 STATE OF OKLAHOMA re-filing to add book and page of original mortgage Space Above This Line For Recording Data When recorded return to HIGH PLAINS BANK MODIFICATION OF MORTGAGE HIGH PLAINS BANK 11219 W Reno Yukon, OK 73099 DATE AND PARTIES. The date of this Real Estate Modification (Modification) is January 26, 2024. The parties and their addresses are: MORTGAGOR: BILLY J ALTSTATT Spouse of Ebony Altstatt 13801 Cascata Strada Terrace Oklahoma City, OK 73170 EBONY ALTSTATT Spouse of Billy J Altstatt 13801 Cascata Strada Terrace Oklahoma City, OK 73170 LENDER: HIGH PLAINS BANK Organized and existing under the laws of Oklahoma 810 E. OKLAHOMA BLVD. PO BOX 784 ALVA, OK 73717-0784 1. BACKGROUND. Mortgagor and Lender entered into a security instrument dated 1-26-2023 and recorded on 2-8-2023 (Security Instrument). The Security Instrument was recorded in the records of Canadian County, Oklahoma at Book 5634 Pages 874-883 and covered the following described Property: Lots Nine A (9A) and Nine B (9B), in Block Forty-three (43), of WESTBURY, Blocks 42-46, inclusive, an Addition to Oklahoma City, Canadian County, Oklahoma, according to the recorded plat thereof. The property is located in Canadian County at 10103 Birkenhead Ct, Yukon, Oklahoma 73099. February 27, 2026 CERTIFIED MAIL, RETURN RECEIPT REQUESTED and U.S. FIRST CLASS MAIL BILLY J. ALTSTATTT 13801 Cascata Strada Terrace Oklahoma City, OK 73170 EBONY ALTSTATTT 13801 Cascata Strada Terrace Oklahoma City, OK 73170 Re: HIGH PLAINS BANK’s ("Lender") Notice of Intent to Foreclose Mortgage Loan No. 25558 Loan Documents: Commercial Single Advance PROMISSORY NOTE ("Note") dated January 26, 2023, in the original principal amount of $207,000.00 ("Principal"), and renewed on January 26, 2024; executed by BILLY J. ALTSTATTT ("Borrower") and payable to the order of Lender; payment of which is secured by a mortgage ("Mortgage") from BILLY J. ALTSTATTT ("Mortgagor") and EBONY ALTSTATTT ("Mortgagor") in favor of HIGH PLAINS BANK, dated January 26, 2023, establishing lien/s on the real property described therein said Mortgage, and recorded in the Canadian County Clerk’s Office in Book 5634, Page 874-883; together with all other documents executed in connection therewith (collectively, the "Loan Documents"). Our file number: 00195-HIGH PLAINS BANK Greetings: I have been retained as attorney for Lender. A default in payment of the Note has occurred in that monthly payments due have not been received by Lender with respect to the above-referenced Note and Mortgage encumbering the property located at 10103 Birkenhead Ct, Yukon, OK 73099. Borrower and any other party obligated under the Loan Documents are given notice that Borrower's failure to pay the amounts due constitutes a monetary default under the terms of the Loan Documents. As of February 25, 2026, the amounts due and owing on the Loan are follows (and continue to increase daily): - Principal Balance: $206,954.45 - Interest Due: $9,333.79 (interest continue to accrue at $48.86 per day at 8.5%) - Late Charges: $543.78 - Total Due as of 02/26/2026: $216,832.02 In addition, Lender has incurred force-placed insurance costs in the amount of $618.90, and real estate taxes for the years 2023, 2024, and 2025 remain past due in the amount of $11,408.05. Under the Loan documents, Lender may advance funds to protect its collateral (including for delinquent taxes and insurance) and add those sums, together with interest and other charges, to the amount owed. Demand is hereby made for payment in full of the past due amounts, together with all lawful accrued and unpaid interest due until the date of payment and $750.00 in reasonable and necessary attorney's fees incurred by Lender in making this demand, on or before 3:00 p.m. on March 13, 2026, in certified funds (cashier's check or money order) at the offices of Lender, HIGH PLAINS BANK, at 202 N Main, Okeene, OK 73763. If payment of all amounts that are then currently due and owing under the Note are not received by Lender by the time and date stated above, Lender intends to: 1) accelerate the maturity of the indebtedness evidenced by the Note and secured by the liens described in the Loan Documents, including, without limitation, the Mortgage, and declare the entire unpaid principal balance of the Note, plus all lawful accrued and unpaid interest thereon, to be immediately due and payable; 2) enforce payment of the Note against Borrower and each other person or entity obligated thereof (except to the extent that any party's liability has been limited by contract); 3) commence judicial proceedings to foreclose the liens and security interests existing under the Mortgage (foreclosure of such liens and security interests would be by a sale of the real property and personal property, if any, described in the Mortgage, pursuant to the power of sale existing under the Mortgage, security agreement, or under the laws of Oklahoma); 4) commence efforts to recover and dispose of all collateral described in the Security Agreement pursuant to the terms thereof and the laws of the State of Oklahoma and any jurisdiction within which any portion of the collateral is located or may be found; and 5) exercise some or all of the other rights and remedies available to Lender under the Loan Documents, at law, or in equity. Additionally, Lenders may otherwise seek to enforce any and all rights under the Loan Documents by all lawful means. If any party who receives this letter is a debtor in a bankruptcy proceeding subject to the provisions of the United States Bankruptcy Code (title 11 of the United States Code), this letter is merely intended to be written notice of the defaults under the Note in compliance with the Loan Documents and applicable law. This letter is not an act to collect, assess, or recover a claim against that party, not is this letter intended to violate any provisions of the Code. All claims that Lender asserts against that party will be properly asserted in compliance with the Code in the bankruptcy proceeding. In addition, all of Lender's claims, demands and accruals regarding the Loan Documents, whenever made, and whether for principal, interest, or otherwise, are intended to comply in all respects, both independently and collectively, with all applicable usury laws, and are accordingly limited so that all applicable usury laws are not violated. Nothing contained in this letter is intended to waive any default or event of default; waive any rights, remedies, or recourses available to Lender; or be an election of remedies resulting from any default that may exist with respect to the Loan Documents. Please understand that no communication, written, or oral, that Borrower has had or may have with Lender concerning any modification, renewal, extension, or restructure of the Loan Documents, including any deed in lieu of foreclosure, waiver of deficiency or agreed foreclosure, in any way modifies this letter or constitutes consent to the nonpayment of the Note or a waiver by Lender of any of the remedies described herein. There are currently no modification, renewal, extension, or settlement agreements between Borrower or any other party obligated under the Loan Documents and Lender with regard to the Loan Documents and all proposals made by Borrower or any other party obligated under the Loan Documents relating to any of the foregoing are rejected unless otherwise expressly accepted in writing signed by an officer of Lender. You may contact High Plains Bank at 202 N Main, Okeene, Oklahoma 73763 in writing; or at (580) 822-4466 by phone, regarding any questions that you may have, including the outstanding balance of the past due amounts on the Note as of any particular date. If you have any questions that you believe I can answer, you or your attorney may contact me at the telephone number or address listed above. Assert and protect your rights as a member of the armed forces of the United States. If you are or your spouse is serving on active military duty, including active military duty as a member of the Oklahoma National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active-duty military services to the sender of this notice immediately. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE Sincerely, Vivid Niroula Niroula Law PLLC cc: HIGH PLAINS BANK U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com Certified Mail Fee $5.30 Extra Services & Fees (check box, add fee as appropriate) [ ] Return Receipt (hardcopy) $10.00 [ ] Return Receipt (electronic) $10.00 [ ] Certified Mail Restricted Delivery $10.00 [ ] Adult Signature Required $0.00 [ ] Adult Signature Restricted Delivery $0.00 Postage $0.78 Total Postage and Fees $10.48 Sent To Billy J. Altstatt Street and Apt. No., or P.O. Box No. 13801 Cascata Strada Terrace City, State, ZIP + 4 Oklahoma City OK 73170 PS Form 3800, January 2023 PSN 7530-02-000-9047 See Reverse for Instructions OFFICIAL USE Postmark Here 02/27/2026 U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com Certified Mail Fee $5.30 Extra Services & Fees (check box, add fee as appropriate) [ ] Return Receipt (hardcopy) $10.00 [ ] Return Receipt (electronic) $10.00 [ ] Certified Mail Restricted Delivery $10.00 [ ] Adult Signature Required $0.00 [ ] Adult Signature Restricted Delivery $0.00 Postage $0.78 Total Postage and Fees $10.48 Sent To Ebony Altstatt Street and Apt. No., or P.O. Box No. 13801 Cascata Strada Terrace City, State, ZIP + 4 Oklahoma City OK 73170 PS Form 3800, January 2023 PSN 7530-02-000-9047 See Reverse for Instructions OFFICIAL USE Postmark Here 02/27/2026 MODIFICATION OF MORTGAGE HIGH PLAINS BANK 11219 W Reno Yukon, OK 73099 DATE AND PARTIES. The date of this Real Estate Modification (Modification) is January 26, 2024. The parties and their addresses are: MORTGAGOR: BILLY J ALTSTATT Spouse of Ebony Altstatt 13801 Cascata Strada Terrace Oklahoma City, OK 73170 EBONY ALTSTATT Spouse of Billy J Altstatt 13801 Cascata Strada Terrace Oklahoma City, OK 73170 LENDER: HIGH PLAINS BANK Organized and existing under the laws of Oklahoma 810 E. OKLAHOMA BLVD. PO BOX 784 ALVA, OK 73717-0784 1. BACKGROUND. Mortgagor and Lender entered into a security instrument dated and recorded on (Security Instrument). The Security Instrument was recorded in the records of Canadian County, Oklahoma at and covered the following described Property: Lots Nine A (9A) and Nine B (9B), in Block Forty-three (43), of WESTBURY, Blocks 42-46, inclusive, an Addition to Oklahoma City, Canadian County, Oklahoma, according to the recorded plat thereof. The property is located in Canadian County at 10103 Birkenhead Ct., Yukon, Oklahoma 73099. 2. MODIFICATION. For value received, Mortgagor and Lender agree to modify the Security Instrument as provided for in this Modification. The Security Instrument is modified as follows: A. Secured Debt. The secured debt provision of the Security Instrument is modified to read: (1) 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 renewal note or other agreement, No. 25558, dated January 26, 2024, from Billy J Altstatt (Borrower) to Lender, with a loan amount of $207,000.00 and maturing on January 26, 2029. (b) All Debts. All present and future debts from Billy J Altstatt to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. This Security Instrument will not secure any debt for which a non-possessory, non-purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law governing securities. (c) Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 3. WARRANTY OF TITLE. Mortgagor covenants that Mortgagor continues to be lawfully seized of the estate conveyed by the Security Instrument 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. 4. CONTINUATION OF TERMS. Except as specifically amended in this Modification, all of the terms of the Security Instrument shall remain in full force and effect. 5. AGREEMENT TO ARBITRATE. Lender or Mortgagor may submit to binding arbitration any dispute, claim or other matter in question between or among Lender and Mortgagor that arises out of or relates to this Transaction (Dispute), except as otherwise indicated in this section or as Lender and Mortgagor agree to in writing. For purposes of this section, this Transaction includes this Modification and any other document relating to the Secured Debts, and proposed loans or extensions of credit that relate to this Modification. Lender or Mortgagor will not arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws. Lender and Mortgagor must consent to arbitrate any Dispute concerning the Secured Debt secured by real estate at the time of the proposed arbitration. Lender may foreclose or exercise any powers of sale against real property securing the Secured Debt underlying any Dispute before, during or after any arbitration. Lender may also enforce the Secured Debt secured by this real property and underlying the Dispute before, during or after any arbitration. Lender or Mortgagor may, whether or not any arbitration has begun, pursue any self-help or similar remedies, including taking property or exercising other rights under the law; seek attachment, garnishment, receivership or other provisional remedies from a court having jurisdiction to preserve the rights or to prevent irreparable injury to Lender or Mortgagor or foreclose against any property by any method or take legal action to recover any property. Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to compel arbitration. The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether individual or joint in nature, or whether based on contract, tort, or any other matter at law or in equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in question not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment or decree will be enforced as any other judgment or decree. Lender and Mortgagor acknowledge that the agreements, transactions or the relationships which result from the agreements or transactions between and among Lender and Mortgagor involve interstate commerce. The United States Arbitration Act will govern the interpretation and enforcement of this section. The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this Modification, will govern the selection of the arbitrator and the arbitration process, unless otherwise agreed to in this Modification or another writing. 6. WAIVER OF TRIAL FOR ARBITRATION. Lender and Mortgagor understand that the parties have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes through arbitration instead of litigation. If any Dispute is arbitrated, Lender and Mortgagor voluntarily and knowingly waive the right to have a trial by jury or judge during the arbitration. 7. WAIVER OF JURY TRIAL. If the parties do not opt for arbitration, then all of the parties to this Modification 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 Modification 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. SIGNATURES. By signing, Mortgagor agrees to the terms and covenants contained in this Modification. Mortgagor also acknowledges receipt of a copy of this Modification. MORTGAGOR: Billy J Altstatt Date 1-26-24 Ebony Altstatt Date 1-26-24 LENDER: HIGH PLAINS BANK By SMITH WYCOFF, EVP Date 1-26-24 ACKNOWLEDGEMENT: State of Oklahoma, County of Canadian SS. This instrument was acknowledged before me this 26 day of January, 2024 by Billy J Altstatt, spouse of Ebony Altstatt, and Ebony Altstatt, spouse of Billy J Altstatt. My commission expires: 4-29-24 Commission number: 04003931 (Notary Public) (Lender Acknowledgment) State OF Oklahoma , County OF Canadian ss. This instrument was acknowledged before me this 26 day of January , 2024 by SMITH WYCOFF as EVP of HIGH PLAINS BANK. My commission expires: 2-9-27 Commission number: 23001985 (Notary Public) (RICH LUBBERS NOTARY PUBLIC OF OKLAHOMA 23001985 EXP. 2-9-27)