Bank of Vici v. Nicole Leeah Allen

IN THE DISTRICT COURT OF DEWEY COUNTY STATE OF OKLAHOMA BANK OF VICI, vs. NICOLE LEEAH ALLEN, Plaintiff, Defendant. PETITION Plaintiff, Bank of Vici, for its causes of action against the above-named Defendant, alleges and states as follows: PARTIES, JURISDICTION AND VENUE 1. Plaintiff, Bank of Vici ("BOV"), is a banking corporation duly organized and authorized to conduct its business, with its principal place of business located in Vici, Dewey County, State of Oklahoma. 2. Defendant, Nicole Leeah Allen ("Allen"), is an individual who, upon information and belief, resides in Woodward County, State of Oklahoma. 3. The promissory note that is the subject of this litigation was contracted in, and the indebtedness that is the subject of this litigation was given in, Dewey County, State of Oklahoma. 4. This Court therefore has jurisdiction over the parties and the subject matter of this action, and venue before this Court is proper pursuant to Title 12 O.S. §§ 142 and 143. FIRST CAUSE OF ACTION (BREACH OF CONTRACT – PROMISSORY NOTE 401961) 5. Plaintiff incorporates all allegations set forth in this Petition as if fully set forth herein and further alleges and states as follows: 6. On or about May 29, 2025, for good and valuable consideration, Allen made, executed and delivered to BOV a certain promissory note 401961 (the “Note”) in the original principal amount of $3,048.00. 7. A true and correct copy of the Note is attached hereto as Exhibit 1 and its terms are incorporated herein by reference. 8. Allen has failed to make payments when due on the Note, which is an event of default under the terms of the Note. The entire amount of principal and interest is therefore due and payable. 9. BOV has demanded that the Note be paid in full, but Allen has failed and refused to tender the amounts due to BOV. 10. BOV is the owner and holder of the Note and was entitled to enforce the Note prior to, and is entitled to enforce the Note at, and subsequent to, the filing of this Petition. 11. BOV has complied with all of the terms, conditions precedent and provisions of the Note, and is duly empowered to bring this Petition. 12. After having been credited with all sums paid on the Note, and any other amounts for which Allen is entitled to credit, Allen is now indebted to BOV on the Note, as of January 13, 2026, in the principal amount of $2,874.67, together with further interest at the Note’s rate of 13.50% per annum, through the date of judgment, together with BOV’s costs, all future accruing costs, attorneys’ fees and expenses, and with interest on the entire amount of judgment at the Note’s rate of 13.50% per annum. 13. Under the Note and pursuant to 12 O.S. § 936, BOV is entitled to recover its costs and attorneys’ fees incurred in this action. 14. Pursuant to Title 40 O.S. § 4-508(D), BOV requests an Order that at any time or times subsequent to the filing of this order, the Oklahoma Employment Security Commission shall produce, within twenty (20) days of receipt of this order, employment information of Defendant, Nicole Leeah Allen. WHEREFORE, Plaintiff, Bank of Vici, prays for judgment on its First Cause of Action against Defendant, Nicole Leeah Allen, in the sum of $2,874.67, as of January 13, 2026, together with further interest at the Note's rate of 13.50% per annum, through the date of judgment, together with BOV's costs, all future accruing costs, attorneys' fees and expenses, and with interest on the entire amount of judgment at the Note's rate of 13.50% per annum, and for such other relief as may be just and equitable. Respectfully submitted, [Signature] Jonathan M. Miles (OBA #31152) Brock Z. Pittman (OBA #32853) Spencer K. Strickland (OBA #36272) CHRISTENSEN LAW GROUP, P.L.L.C. The Parkway Building 3401 N.W. 63rd Street, Suite 600 Oklahoma City, Oklahoma 73116 Telephone: (405) 232-2020 Facsimile: (405) 228-1113 [email protected] [email protected] [email protected] Attorneys for Plaintiff, Bank of Vici EXHIBIT 1 DCN: 1A0D46FCC495AEE3DFFFB6ED58EB0B24 CONSUMER PROMISSORY NOTE (To be accompanied by a Disbursement Addendum) DEBTOR NICOLE LEFH ALLEN 805 N MAIN ST MOORELAND, OK 73852-9219 LENDER Bank of Vici P.O. Box 727 Vici, OK 73869 NOTE NUMBER 491961 DATE FINANCE CHARGE BEGINS 05/28/2025 MATURITY DATE 06/15/2027 PRINCIPAL AMOUNT $ 3,048.00 PURPOSE STATEMENT Debt Consolidation OX FIXED INTEREST RATE 13.5000% INTEREST METHOD AGRM / 365 ☑ VARIABLE INTEREST RATE ☐ NEW LOAN ☐ INITIAL INDEX RATE % ☐ RENEWAL OF LOAN NUMBER(S): ☐ MARGIN % ☐ INITIAL INTEREST RATE % In this agreement, the words "Debtor," "you," and "your" refer to all Debtors signing this Agreement, whether one or more. The words "Lender," "we," "us," and "our" refer to the Lender. The words "Agreement," "loan," and "notes" mean this Agreement. DISCLOSURES (as soon as estimated) ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. FINANCE CHARGE The dollar amount the credit will cost you. AMOUNT FINANCED The amount of credit provided to you or on your behalf. TOTAL OF PAYMENTS The amount you will have paid after making all scheduled payments. 15.0361% $17.09 $3,000.00 $ 3,317.09 Boxes checked apply to this transaction: ☑ This obligation is payable on demand. All disclosures are based on an assumed maturity of one year. ☐ This obligation has a demand feature. ☐ The Annual Percentage Rate does not take into account any required deposit of Debtor. PAYMENT SCHEDULE WILL BE: <table> <tr> <th>NUMBER OF PAYMENTS</th> <th>AMOUNT OF PAYMENTS</th> <th>WHEN PAYMENTS ARE DUE</th> </tr> <tr> <td>23</td> <td>$146.55</td> <td>will begin 07/15/2025<br>will be due at maturity 06/15/2027.</td> </tr> <tr> <td>1</td> <td>$148.44</td> <td></td> </tr> </table> If the "Variable Interest Rate" box is checked, the Annual Percentage Rate may increase or decrease during the term of this loan if the ____ increases or decreases. ☐ The Interest Rate will not increase or decrease more often than ________ months. ☐ The Interest Rate will not increase or decrease by more than _____% each time. ☐ The Interest Rate will not increase above _____%. ☐ The Interest Rate will not decrease below _____%. Any increase will take the form of: ☐ Higher payment amounts. ☐ More payments of the same amount. ☐ A larger payment due at maturity. If the Interest Rate increases by _____% in ____________, Debtor will have to pay a penalty, but may have to pay a minimum Finance Charge. Debtor's regular payments will increase to $ ________. Debtor will have to make ________ additional payments. Debtor's final payment will increase to $ ________. Prepayment. If Debtor pays off early, Debtor will not have to pay a penalty, but may have to pay a minimum Finance Charge. Late Charge. If a payment is more than 10 days late, Debtor will be charged ___% of the unpaid payment amount or $25.00, whichever is less. See Promissory Note, Security Agreement and related contract documents for additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. SECURITY/COLLATERAL Boxes checked apply to this transaction: ☐ Lender has or will acquire a security interest in the following property: ☑ This loan is secured by all money and other property owned by Debtor and in the possession or control of Lender and all deposits of Debtor with Lender. ☐ Collateral securing other loans of Debtor with Lender also secures this loan. Filing Fees $ Non-Filing Insurance $ ________ INSURANCE STATEMENT CREDIT LIFE, ACCIDENT AND HEALTH INSURANCE are not required to obtain this extension of credit and such insurance is not a factor in the approval by Lender of the extension of credit. Such insurance for unpaid interest and principal for the term of the debt will only be provided if available and if Debtor and/or Co-Debtor requests Lender to obtain the insurance by indicating the type of insurance desired and signing below. ☐ Credit Life Insurance for ☐ Debtor ☐ Co-Debtor Cost: $__________ Term: ____________ ☐ Credit Accident and Health Insurance for ☐ Debtor ☐ Co-Debtor Cost: $__________ Term: ____________ Debtor ☐ desires insurance checked above. ________________________________ Date ____________ Co-Debtor ☐ desires insurance checked above. ________________________________ Date ____________ VENDOR'S SINGLE INTEREST AND/OR PROPERTY INSURANCE may be obtained by Debtor and/or Co-Debtor through any person acceptable to Lender. If such insurance is obtained through Lender, the cost for the term of the debt is: ☐ Property Insurance ☐ Vendor's Single Interest Insurance (The insurer issuing this policy waives its right to subrogation against Debtor.) Cost: $__________ Term: ____________ DCN: 1A0d48FCACAMAEDB9DFF5FED56E9B0B24 FROMISSORY NOTE FOR VALUE RECEIVED, the undersigned Debtor(s) and all other parties liable hereunder, herein sometimes referred to collectively as Debtor, promises to pay to order of named Lender (a) the Principal Amount as shown herein, (b) with interest at the Interest Rate (as adjusted if applicable) on the balance thereof at any time remaining unpaid, and (c) any fees accrued and unpaid part of the Finance Charge. All Prepaid Finance Charges are assumed when paid and are not subject to rebate on early prepayment. All payments received by Lender are to be applied: All parties liable for payment hereunder shall each be regarded as a principal and each party agrees that any party with approval of holder and without notice to any other party may from time to time reduce this Note or consent to one or more extensions or deferrals of any payment due for any term or terms, and all parties shall be liable in same manner as on original note. All parties liable for payment hereunder waive presentation, notice of disburse and protest, and consent to partial payments, any substitutions or release of collateral and to addition or release of any party or guarantee. VARIABLE RATE. If the "Variable Interest Rate" box is checked, the Interest Rate shall vary with the Index set forth and shall be the number of percentage points above such index as shown herein as the "Margin". Increases or decreases in the Index will be reflected as set forth herein. If the Index is Lender's Prime or Base rate, that term shall mean the rate of interest set by Lender from time to time as its base or prime rate. In no event shall the interest rate exceed the rate permitted by law. There shall be no restrictions on the change in the Index or Interest Rate unless specifically set out herein. DELINQUENCY CHARGE. If any payment required by this Note is late, the holder may assess a delinquency charge in accordance with the terms disclosed in this document (which are incorporated into this Note). Debtor agrees that Lender may increase the delinquency charge to the maximum amount allowed by law at the time a payment becomes delinquent. PREPAYMENT. Debtor shall have the right to prepay the Amount Financed without penalty in full or in part at any time, provided, however, that prior to or contemporaneously with any such prepayment Debtor must have paid to Lender the Finance Charge accrued to date of such prepayment and provided, however, that holder may collect or retain the minimum Finance Charge established by law. Upon prepayment in full, Debtor will be granted a rebate of any unearned portion of the Finance Charge; however, no refund of less than one dollar ($1) need be made. Partial prepayments, if made by Lender, shall be applied first to accrued and unpaid Finance Charge and then to principal payments in reverse order of maturity. ACCELERATION. At option of holder, the unpaid balance of Note and all other obligations and indebtedness of any party herein to holder, whether direct or indirect, absolute or contingent, now existing or hereafter arising, shall become immediately due and payable upon occurrence of any Event of Default as described herein, without notice or demand (if of ten days), nor is any right to cure as required by law, such has been provided by holder. After any or all occurrences of this Note, Lender may charge and Debtor agrees to pay the interest on the unpaid Rate on any unpaid principal balance. "Maximum Rate" means the maximum noncontractual rate of interest per annum permitted by applicable law; in no event shall the interest on any unpaid charges either before or after maturity be greater than permitted by law. COLLECTION COSTS. Lender may charge and collect from Debtor the maximum fee permitted by law for each return by a bank or other depository institution of a dishonored check, negotiable order of withdrawal, or check certified by Debtor in connection with the loan. This fee shall be in addition to all other lost finance charges, fees, and additional charges which Lender may charge and collect from Debtor and shall not be limited by interest or refund or refund. Debtor agrees to pay reasonable cost of collecting the amount due, including, but not to pay reasonable attorney fees, not to exceed 15% of the unpaid debt after default provided, however, that this agreement as to attorney fees shall not apply if prohibited by applicable law at the time this Note is signed. This provision shall apply if you file or have filed against you a petition or any other claim for relief under the United States Bankruptcy Code including the benefit of any co-debtor or similar stay. WARRANTIES AND COVENANTS 1. Security Agreement. To the extent Debtor has an ownership interest in the Collateral described herein, Debtor grants to Lender a security interest in Collateral described herein to secure the payment of indebtedness evidenced by this PROMISSORY NOTE to contain (1) all accounts receivable, (2) all other indebtedness to Lender (primary, secondary, or related to) in the nature of a debenture or promissory note and/or in the event of any sale, lease, or assignment of the same, (3) the performance of all agreements, covenants, and warranties of Debtor herein, Collateral consists of (1) all property specifically described herein, (2) all personal property included within or described therein, and all proceeds or income therefrom (including, without limitation, the sale, lease, or assignment of the same), (3) all documents in possession of Debtor evidencing Debtor's rights with respect thereto, and all proceeds or income therefrom (including, without limitation, the sale, lease or assignment of the same), (4) the proceeds of any insurance proceeds received by Debtor, whether or not delivered to Lender, (5) all property or interests in property which are hereafter acquired by Debtor, except as limited by law in the event of acquisition, such property acquired more than ten days after the date Lender gives value herefor. For purposes of this Agreement, any term used in the Uniform Commercial Code, as adopted and in effect in the State of Oklahoma ("UCC"), and not defined in this Agreement shall have the meaning given to the term in the UCC. This lien is secured under the terms of all present and future agreements, including but not limited to, security interests, deposit, or other agreements with Lender. The terms of any mortgage/ deed of trust will govern the obligations secured by such mortgage/deed of trust. 2. Financial Information. All loan applications, balance sheets, earnings statements, other financial information and other representations which have been, or may hereafter be, furnished to Lender to induce it to enter into or continue a financial transaction with Debtor shall represent the financial condition of Debtor as of the date and for the period specified therein and all other information, reports, documents, paper and data furnished to Lender are certified to be true, at the time furnished, accurate and correct in all material respects and such additional information as company may be necessary to give Lender a true and accurate knowledge of the business of Debtor. There has been no material change in the financial condition of Debtor since the effective date of the last furnished financial information which has not been reported to Lender in writing. 3. Ownership Free of Encumbrances. Except for the security interest hereby granted or a security interest previously disclosed in writing to Lender, Debtor owns, or will use the proceeds of the monies loaned hereunder or as the owner of the Collateral (or has rights in or the power to transfer the Collateral free from any prior liens, all claims and demands of persons claiming any interest therefore) owed to Lender. Debtor will not permit any lien or security interest other than lender's security interest to attach to any of the Collateral, will not permit the Collateral to be leased, pawned, or attached under any legal process, or permit any other thing to be done that may impair the value of the Collateral or the security interest. 4. Financing Statements. No lien entry or Financing Statement covering Collateral is on file in any public office. Debtor agrees to join with Lender in executing one or more Financing Statements in form satisfactory to Lender and to provide such other documents as may be required from time to time, in order to perfect, or to continue perfection of, the security interest herein granted. Notwithstanding any language to the contrary, or other reproduction of this Agreement or of any Financing Statement is sufficient as a Financing Statement. Lender is authorized to file an "All Assets" Financing Statement. 5. Residence, Use and Location. Statements made herein or otherwise as to Debtor's address and as to location, possession and use of the Collateral are true. Debtor agrees to immediately notify Lender in writing of any proposed change in Debtor's address and to provide such notification prior to the proposed effective date thereof. Debtor will not permit any of the Collateral to be removed from the location specified herein without written consent of Lender. Debtor's exact legal name is as set forth herein. If Debtor moves, Debtor's principal residence is at Debtor's address as set forth herein. Until this Promissory Note is paid in full, Debtor agrees that it will not change principal residence in Oklahoma without providing Debtor 30 days prior written notice. 6. Sale, Lease or Disposition of Collateral Prohibited. Debtor shall not sell, transfer, exchange, lease, license, grant any other security interest or otherwise dispose of the Collateral or any part thereof or Debtor's rights therein without first obtaining the prior written consent of Lender. The consent of Lender may be conditioned upon any representations (including, but not limited to, the satisfaction of proceeds to obligations assessed hereby) which requirements Lender deems to be necessary for protection of its security interest, and it is understood and agreed that such consent will not be required to be effective unless and until such requirements and conditions have been fulfilled. The assignment by Debtor of a security interest in the proceeds of the Collateral shall not be construed to mean that Lender consents to the sale or any other disposition of the Collateral. 7. Maintenance and Inspection. Debtor at own expense shall keep the Collateral in good condition and repair, shall not permit it to be misused or abused or wasted or allowed to deteriorate because of the ordinary wear and tear of its intended primary use, shall prudently protect the Collateral from the elements, shall use the Collateral lawfully and not permit its illegal use or its use in a manner not permitted by the written insurance coverage, and shall permit and facilitate Lender to examine and inspect the Collateral at any time and wherever located. 8. Taxes. Debtor shall promptly pay any and all taxes, assessments, and licenses fees with respect to the Collateral or the use of the Collateral. 9. Affixing to Real or Personal Property Prohibited. Debtor shall not permit any of the Collateral to become an accession or affixed to other personal property or to become attached or affixed to real property without first obtaining prior written consent of Lender. The consent of Lender may be conditioned upon any representations (including, but not limited to, the satisfaction of proceeds to obligations assessed hereby) which requirements Lender deems to be necessary for protection of its security interest, and it is understood and agreed that such consent will not be required to be effective unless and until such requirements and conditions have been fulfilled. The assignment by Debtor of a security interest in the proceeds of the Collateral shall not be construed to mean that Lender consents to the sale or any other disposition of the Collateral. 10. Adequate Insurance. Debtor, at Debtor's sole expense, shall insure Collateral with comprehensive acceptable to Lender against each casualty and in such amounts as prudent and necessary to protect Lender or as Lender shall require. All insurance policies shall be written for benefit of Debtor and Lender as their interests appear and such policies and certificates of thereof certifying same shall be furnished to Lender within ten days of date of this Agreement. All policies of insurance shall provide for at least ten days prior written notice of cancellation to Lender; Lender may act as attorney-in-fact for Debtor in the procuring of insurance, in making, adjusting, and settling claims under or canceling such insurance and in endorsing Debtor's name on any drafts or cheques drawn by insurers of Collateral. 11. Examinations of Lender. At its option and after any written notice to Debtor required by law, which notice Debtor and Lender hereby agree is sufficient if mailed postage prepaid, to the address of Debtor provided for herein ten (10) days before the commencement of the performance of the duties specified therein, it is agreed Lender may discharge taxes, liens, security interests, or other encumbrances affecting the Collateral and may for the repair of any damage to the Collateral, for the maintenance and preservation thereof, and for insurance bonds. Debtor shall be liable for and agree to pay to Lender for all sums paid by Lender for taxes on the Collateral, for the discharge of any liens or other encumbrances on the Collateral, for the repair of any damage to the Collateral; and for all other and further disbursements of Lender in connection with the foregoing. Debtor's liability is not limited to the following: for all such expenditures and until such reimbursement, the expenses of Lender shall be considered a liability of Debtor to Lender without necessity by this Agreement and shall be subject to a FINANCE CHARGE at a rate not exceeding the ANNUAL PERCENTAGE RATE provided herein. In addition, Debtor shall be liable for and agree to pay to Lender all disbursements of Lender as allowed by law or provided for herein in the enforcement or collection of any note, warranty, or liability of Debtor to Lender, or in the realization of the security interest or collection of any accessed receivable, contract right, promissory note, chattel paper, instrument, document, or other Collateral in which Lender has a security interest. Debtor agrees promptly DCN: 1A5D48FC4B9AE0FF5E5D86E30B24 to reimburse Lender for such expenditures and until such reimbursement the amount of such expenditures shall be considered a liability of Debtor to Lender which is secured by this Agreement. 12. Pledge of Indebtedness and Right of Set Off. Except as otherwise restricted by law, any property, tangible or intangible, of Debtor in possession of Lender at any time during the term hereof, or any indebtedness owed by Lender to Debtor and any deposit or credit balances due from Lender, whether or any of the foregoing or any part thereof, are pledged to secure payment hereof and other indebtedness which whole or any part of Debtor's indebtedness to Lender remains unpaid, whether matured or after maturity thereof, be appropriated, held or applied toward the payment of this Note. Any obligation of Debtor to Lender. Lender shall not be liable for the disbursement of any checks which Debtor may because Lender set off the sumner due under this Note against any amounts of Debtor. Debtor agrees to hold Lender harmless from any such claims arising as result of its extension of the right of set off including all attorney fees and expenses. 13. Cooperation of Debtor. If the Collateral includes livestock, Debtor, upon demand of Lender and with an appropriate credit for the value thereof, on the extent Lender deems it necessary to protect the Collateral and make available to Lender all feed, both hay and grain, and all equipment used in the feeding and handling of the livestock owned by Debtor, and will cooperate with Lender and permit such a person to review the records of Debtor's rights, title and interest in or to all such property, all other equipment used in the feeding and handling of the livestock, and all cattles, horses or other animals kept for grazing if the Collateral includes crops which are growing or placed on leased land. Debtor, in accordance with the above, will cooperate with Lender. Debtor if it best efforts to accord Lender use of all of Debtor's rights, title and interest in or to all commercial lease covering such leased real property. If the Collateral includes timber, Debtor will deliver immediately to Lender all proceeds of the Collateral regardless of form or nature, or in such other manner as Lender in the same manner as the property originally delivered as Collateral provided, however, that Lender at its option may permit such property to be removed and sold subject to such restriction, but, provided further, that Lender may at any time terminate such permission. Without limitation by reason of the foregoing specific agreements, Debtor shall do all acts which Lender deems reasonable or necessary to preserve or protect the Collateral. 14. Possession. Debtor shall have possession of the Collateral, except where expressly otherwise provided in this Agreement or where Lender chooses to perfect its security interest by possession in addition to the filing of a financing statement. Where Collateral is in the possession of a third party, Debtor will join with Lender in notifying the third party of Lender's security interest and obtaining an acknowledgement from said third party that it is holding the Collateral for the benefit of Lender. 15. Control. Debtor will cooperate with, and undertake any action reasonably necessary for, Lender to obtain control of Collateral consisting of deposit accounts, investment property, letter-of-credit rights, and electronic chattel paper. 16. Purchase Money Security Interest. To the extent Debtor uses the indebtedness to purchase Collateral, Debtor's repayment of the indebtedness shall apply as a "first-in-first-out" basis so that the portion of the indebtedness used to purchase a particular item of Collateral shall be paid in the chronological order Debtor purchased the Collateral. 17. Credit of Payment. All payments will be considered made on the date received at Lender's address or at such other address as Lender may specify in writing. Payments received at other locations are subject to credit delays of up to five days or other time period as provided by law. Any payment received by Lender after its cutoff time (in effect on the date of receipt) will be credited within the time period permitted by law. EVENTS OF DEFAULT Debtor shall be in default under this Agreement upon the happening of any one or more of the following events or conditions, herein called "Events of Default": 1. Any warranty, covenant, agreement, representation, financial information, or statement made or furnished to Lender by or on behalf of Debtor to induce Lender to enter into this Agreement, or in connection therewith, is violated or proves to have been false in any material respect when made or furnished. 2. Any payment required hereunder or under any other note or obligation of Debtor to this Lender or to others is not made when due or in accordance with terms of the applicable contract. 3. Debtor defaults in the performance of any covenant, obligation, warranty, or provision contained in any loan agreement or in any other note or obligation of Debtor to Lender or to others. 4. The occurrence of any event or condition which results in acceleration of the maturity of any obligation of Debtor to Lender or to others under any note, indenture, agreement, or understanding. 5. The making of any levy against or seizure, garnishment, or attachment of any Collateral, the consensual encumbrance thereof by Debtor, or the sale, lease, or other disposition of Collateral by Debtor without the prior written consent of Lender as required elsewhere in this Agreement. 6. Loss, theft, substantial damage, or destruction of Collateral. 7. When in the judgment of Lender, the Collateral becomes unsatisfactory or insufficient in character or value, and upon request Debtor fails to provide additional Collateral as required by Lender. 8. Any time Lender in its sole discretion believes the prospect of payment or performance of any liability, covenant, warranty, or obligation secured hereby is impaired. 9. The death, dissolution, termination of existence or insolvency of Debtor, the appointment of a receiver over any part of Debtor's property or any part of the Collateral, an assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law by or against Debtor or any guarantor or surety for Debtor. 10. Lender shall receive at any time following the closing a filing office report indicating that Lender's security interest is not prior to all other security interests or other interests reflected in the report. REMEDIES Upon the occurrence of an Event of Default, and at any time thereafter, Lender may, except as otherwise provided by law, at its option and without notice or demand to Debtor exercise any and all rights and remedies provided by the UCC, as well as all other rights and remedies available to Lender, including but not limited to: 1. Declare all Liabilities secured hereby immediately due and payable, and/or proceed to enforce payment and performance of all Liabilities secured hereby, provided that, upon any prepayment in full of the unpaid balance of such liabilities, Debtor shall be entitled to a rebate of any uncovered portion of any finance or other charge in accordance with law. 2. Require Debtor to assemble Collateral or evidence thereof and make it available to Lender at a place designated by Lender which is reasonably convenient to both parties. 3. Repossess the Collateral and all books and records evidencing or pertaining to the Collateral, and for this purpose Lender is hereby granted authority to peaceably enter into and upon any premises on which Collateral and related books and records are located unless prohibited by law. Debtor waives any claim in connection with or arising from an entry peacefully made in accordance with a request to Debtor. Lender authorizes Lender to take possession of and hold and remove Collateral located in or temporarily attached to the Collateral. If Debtor has not reclaimed the property within ten days after taking and location in said to Debtor, such property may be disposed of by Lender and the proceeds applied to expenses and other amounts due from Debtor to Lender. Other than in the event of a judicial foreclosure, any balance of such proceeds remaining after payment in full of all amounts secured by this Agreement shall be paid to Debtor as may be required by law. 4. Apply that portion of the Collateral consisting of cash or cash equivalent items such as checks, drafts or deposited funds against any liabilities of Debtor selected by Lender, and for this purpose Lender agrees that such cash or equivalents will be considered identical to cash when Lender has the right immediately and without further action by Lender to set off against the liabilities secured hereby all money owed by Debtor to Lender, whether due or not due, and Debtor shall be deemed to have exercised such right and to have made a charge against such money at the time of any acceleration upon default even though such charges made are entered on Lender's books subsequent thereto. 5. Transfer any of the Collateral or evidence thereof into its own name or that of a nominee and receive the proceeds therefrom and hold the same as security for the liabilities of Debtor, or lender or apply it on or against any such liability. Lender may also demand, collect, receipt for, settle, compromise, adjust, sue for, foreclose, release, or realize upon Collateral, as its own name or in the name of Debtor or as Lender may determine. 6. Sell or otherwise dispose of the Collateral, Unless Collateral in whole or part is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender will give Debtor reasonable notice of the time and place of any public sale, or of the time after which any private sale or other disposition is to be made. Any requirement of notice shall not if notice is given, be a prerequisite, nor is a mandatory prerequisite for Lender to make any disposition of Collateral. Debtor shall have the right to bid at any public sale or to purchase at any such sale or disposition of Collateral, and Debtor shall be entitled to the purchase price. Debtor shall indemnify and save Lender harmless from any and all costs, charges, damages, losses, expenses and liabilities in connection with the sale or disposition of Collateral, including any deficiency if any resulting from any sale or disposition of Collateral. Debtor waives any right it may have to require Lender to pursue any third person for indemnity or contribution. Lender may comply with any applicable state or federal requirements in connection with a disposition of the Collateral and compliance will not be considered adversely affecting the commercial reasonableness of any sale of the Collateral without first giving any warranties as to the Collateral and any specifically limited representations or warranties. In the event of any sale of the Collateral or other proceeds of the Collateral for sale. Lender may sell the Collateral without giving any warranties as to the Collateral and may specifically limit representations or warranties of title or the like. The proceeds shall not be considered adversely in effect the commercial reasonableness of any sale of the Collateral. If Lender sells any of Collateral upon credit, Debtor will be credited with payments actually made by the purchaser, received by Lender, applied to the indebtedness of the purchaser. In the event the purchaser fails to pay for the Collateral, Lender may resell the Collateral and Debtor shall be credited with the proceeds of the sale. 7. Lender shall not be liable for the failure to collect any account, enforce any contract right, or pay any other act or omission on the part of Lender, its officers, agents, or employees, except as the same constitutes a lack of due care or failure to act in a commercially reasonable manner. Lender shall have acted in a commercially reasonable manner in its action or non-action is consistent with normal banking usage in the area of Lender's location, but this standard shall not embraces disapproval of any procedure which may be otherwise reasonable under the circumstances nor require Lender to take necessary steps to preserve rights against prior parties in an instrument or chattel paper. DCN: 1A8048FCC4B6AE9E0FF53ED5BE80B24 GENERAL TERMS 1. Waivers. No act, delay, or omission, including Lender's waiver of remedy because of any default hereunder, shall constitute a waiver of any of Lender's rights and remedies under this Agreement or any other agreement between the parties. All rights and remedies of Lender are cumulative and may be exercised and exhausted separately, and the exercise of any one or more remedy will not be a waiver of any other. No waiver, change, modification, or discharge of any of Lender's rights or of Debtor's duties as so specified or allowed will be effective unless in writing and signed by a duly authorized officer of Lender; and any such waiver will not be a bar to the exercise of any right or remedy on any subsequent default. 2. Agreement Binding on Assigns. This Agreement shall inure to the benefit of the successors and assigns of Lender and shall be binding upon the heirs, executors, administrators, successors, and assigns of Debtor (and all persons who become bonded as a debtor in this Agreement). 3. Rights of Lender Amalgamable. Lender at any time and at its option may pledge, transfer, or assign its rights under this Agreement in whole or in part, and any transferee or assignee shall have all the rights of Lender as to the rights or parts thereof so pledged, transferred, or assigned. 4. Joint and Several Responsibility of Debtor. If more than one Debtor executes this Agreement, their responsibility hereunder shall be joint and several and the reference to Debtor herein shall be deemed to refer to each Debtor. 5. Separability of Provisions. If any provisions of this Agreement shall for any reason be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein. 6. WAIVER OF JURY TRIAL. DEBTORS DURKEOVCALLY WAIVE ANY AND ALL RIGHTS DEBTORS MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS NOTE AND/OR INDEBTEDNESS OR ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE DEBTORS ACKNOWLEDGE THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. 7. CHOICE OF VENUE. The parties agree to resolve any dispute(s) involving or related to this transaction in Dawes County, State of Oklahoma unless otherwise required by law, and the parties agree to submit to the jurisdiction of the courts of such county should Lender institute a lawsuit. 8. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Oklahoma, except to the extent the UCC provides for application of the law where Debtor or the Collateral is located (if other than Oklahoma) as the case may be. 9. Entire Agreement. This Agreement, together with any other related written agreement or any mortgage/deed of trust of real estate which may be Collateral, constitutes the entire agreement between the parties. This Agreement may be amended or modified only by a writing signed by Lender specifying that it is a modification, amendment, or addition to this Agreement. 10. Additional Terms (if any). DEBTOR SIGNATURES Debtor expressly agrees to the terms of this Promissory Note, the Disclosure, Security Agreement, Warranties and Covenants, Events of Default, Rescissions, and General Terms included herein and the attached Disbursement Addendum. Debtor has received a completed copy of this form as of Date of Note indicated above. Debtor agrees that credit life and/or accident and health insurance are not desired unless Debtor has indicated above the insurance desired and signed the Insurance Statement. NICOLE LEAH ALLEN LENDER SIGNATURE Bank of Vici RACHEL M KLEINER, LOAN OFFICER (Lender's signature optional) Form 704-OK Page 4 of 4