FIRSTBANK, An Oklahoma banking corporation v. SHANNA JO THOMAS

IN THE DISTRICT COURT OF ATOKA COUNTY STATE OF OKLAHOMA FIRSTBANK, An Oklahoma banking corporation, Plaintiff, v. SHANNA JO THOMAS, Defendant. PETITION COMES NOW the Plaintiff, FirstBank, an Oklahoma banking corporation, and for its causes of action against the Defendant, Shanna Jo Thomas, alleges and states as follows: 1. The Plaintiff is an Oklahoma banking corporation duly incorporated and authorized to do business under the laws of the State of Oklahoma, with its principal place of business in Antlers, Pushmataha County, Oklahoma. 2. The Defendant, Shanna Jo Thomas, is a resident of Atoka County, Oklahoma. The District Court in and for Atoka County has jurisdiction over the parties hereto and the subject matter of this action. 3. That on or about March 28, 2024, Defendant, Shanna Jo Thomas, for value received, made, executed and delivered to FirstBank, a Promissory Note (hereinafter referred to as "Note 1") of said date, in writing whereby Defendant promised to pay the sum of $4,949.34 plus interest thereon on the unpaid principal balance at a rate of 17.75% per annum from March 28, 2024. Note 1 was payable in monthly installments beginning April 28, 2024 and continuing on the 28th day of each month thereafter until the maturity date of September 28, 2025 at which time all remaining principal and interest would be due and payable in full. That said Note 1 provides that Defendant agreed to pay a reasonable attorney's fee in the event that said Note 1 was placed in the hands of an attorney for collection. A full, true, and correct copy of said Note 1 is attached hereto, marked as Exhibit "A" and made a part hereof. 4. That on or about November 29, 2024, Defendant, Shanna Jo Thomas, for value received, made, executed and delivered to FirstBank, a Promissory Note (hereinafter referred to as "Note 2") of said date, in writing whereby Defendant promised to pay the sum of $33,810.82 plus interest thereon on the unpaid principal balance at a rate of 13.75% per annum from November 29, 2024. Note 2 was payable in monthly installments beginning January 13, 2025 and continuing on the 13th day of each month thereafter until the maturity date of December 13, 2029 at which time all remaining principal and interest would be due and payable in full. That said Note 2 provides that Defendant agreed to pay a reasonable attorney's fee in the event that said Note 2 was placed in the hands of an attorney for collection. A full, true, and correct copy of said Note 2 is attached hereto, marked as Exhibit "B" and made a part hereof. 5. That all collateral securing the above-described Notes has been repossessed and sold in a commercially reasonable manner and/or is unavailable to satisfy the indebtedness. 6. Defendant has failed to pay the above-referenced Notes when due despite demand by Plaintiff and is in default pursuant to the terms of the above-described Notes. 7. There is presently due and owing to FirstBank on Note 1 the sum of $2,415.35 as of April 1, 2026, which sum is presently accruing interest at the rate of 17.75% per annum until paid, for which sum FirstBank is entitled to judgment. 8. There is presently due and owing to FirstBank on Note 2 the sum of $15,117.79 as of April 1, 2026, which sum is presently accruing interest at the rate of 13.75% per annum until paid, for which sum FirstBank is entitled to judgment. 9. Plaintiff is entitled to a reasonable attorney's fee and other reasonable costs of collection under the terms of the Notes and under 12 O.S. § 936. WHEREFORE, premises considered, Plaintiffs pray for a judgment in its cause of action as follows: a. In favor of Plaintiff, FirstBank, and against Defendant, Shanna Jo Thomas, on Note 1 in the sum of $2,415.35 as of April 1, 2026, which sum is presently accruing interest at the rate of 17.75% per annum, plus late fees, until the date of judgment and thereafter at the lawful rate until paid; b. In favor of Plaintiff, FirstBank, and against Defendant, Alexia P. Cooper, on Note 2 in the sum of $15,117.79 as of April 1, 2026, which sum is presently accruing interest at the rate of 13.75% per annum, plus late fees, until the date of judgment and thereafter at the lawful rate until paid; c. For costs of this action and a reasonable attorney's fee; And for such other and further relief as this Court shall deem just and proper. Respectfully Submitted, Heather Burrage, OBA No. 19423 BURRAGE LAW FIRM 1201 Westside Drive P.O. Box 1727 Durant, OK 74702-1727 Telephone: 580-920-0700 [email protected] VERIFICATION STATE OF OKLAHOMA COUNTY OF PUSHMATAHA Stephanie Owens, being first duly sworn upon oath, says: that she is a Banking Officer of FirstBank above named, that she has read the foregoing Petition and knows the contents thereof, and that the facts therein set forth are true and correct. Stephanie Owens Subscribed and sworn to before me this 7th day of April, 2026. Notary Public My Commission Expires: 10-27-2027 Commission No. 15009932 <table> <tr> <th>LOAN NUMBER</th> <th>LOAN NAME</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>INITIALS</th> </tr> <tr> <td>30243492</td> <td>SHANNA JO THOMAS</td> <td>0</td> <td>03/28/24</td> <td>CWC</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>$4,949.34</td> <td>Not Applicable</td> <td>17.750%</td> <td>09/28/25</td> <td>Consumer</td> </tr> <tr> <td colspan="5">Creditor Use Only</td> </tr> </table> PROMISSORY NOTE AND TRUTH-IN-LENDING DISCLOSURES (Consumer - Closed End) DATE AND PARTIES: The date of this Promissory Note and Truth-In-Lending Disclosures (Note) is March 28, 2024. The parties and their addresses are: LENDER: FIRSTBANK 731 S MISSISSIPPI ATOKA, OK 74525 Telephone: (580) 889-7357 BORROWER: SHANNA JO THOMAS 161 E DUNBAR CIRCLE ATOKA, OK 74525 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, individually and together with their heirs, successors and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this 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. FEDERAL TRUTH-IN-LENDING DISCLOSURES. <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of my credit as a yearly rate.</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost me.</th> <th>AMOUNT FINANCED<br>The amount of credit provided to me or on my behalf.</th> <th>TOTAL OF PAYMENTS<br>The amount I will have paid when I have made all scheduled payments.</th> </tr> <tr> <td>24.027%</td> <td>$1,310.37</td> <td>$4,949.34</td> <td>$5,959.71</td> </tr> </table> Payment Schedule: My payment schedule will be: <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>17</td> <td>$200.00</td> <td>Monthly beginning April 28, 2024</td> </tr> <tr> <td>1</td> <td>$2,859.71</td> <td>September 28, 2025</td> </tr> </table> Demand. This loan has a demand feature. Late Charge. If a payment is more than 10 days late, I will be charged 5,000 percent of the Amount of Payment. However, this charge will not be greater than $23.60. Prepayment. If I pay off early, I will not have to pay a minimum finance charge. Contract Documents. I will see my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. 3. REFINANCING. This Note will pay off the following described note(s). <table> <tr> <th>Note Date</th> <th>Note Number</th> <th>Note Amount</th> </tr> <tr> <td>May 22, 2023</td> <td>#30220068</td> <td>$4,989.75</td> </tr> <tr> <td>July 28, 2023</td> <td>#30225534</td> <td>$930.00</td> </tr> </table> The remaining balance of all notes listed in the table above is $4,949.34. 4. 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 $4,949.34 (Principal) plus interest from March 28, 2024 on the unpaid Principal balance until this Note matures or this obligation is accelerated. 5. INTEREST. Interest will accrue on the unpaid Principal balance of this Note at the rate of 17.750 percent (Interest Rate). A. Post-Maturity Interest. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Note at the Interest Rate in effect from time to time, until paid in full. B. Maximum Interest Amount. Any amount assessed or collected as interest under the terms of this Note will be limited to the maximum lawful amount of interest allowed by applicable law. Amounts collected in excess of the maximum lawful amount will be applied first to the unpaid Principal balance. Any remainder will be refunded to me. C. Statutory Authority. The amount assessed or collected on this Note is authorized by the Oklahoma Uniform Consumer Credit Code (14A OSA §§ 1-101 et seq.). D. Accrual. Interest accrues using an Actual/365 days counting method. 6. ADDITIONAL CHARGES. As additional consideration, I agree to pay, or have paid, these additional fees and charges. A. Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay this Note before the scheduled maturity date. Loan. A(n) Loan fee of $300.00 payable from the loan proceeds. 7. 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. However, this charge will not be greater than $23.60. I will pay this late charge promptly but only once for each late payment. 8. PAYMENT. I agree to pay this Note on demand, but if no demand is made, I agree to pay this Note in 18 payments. I will make 17 payments of $200.00 beginning on April 26, 2024, and on the 28th day of each month thereafter. A single "balloon payment" of the entire unpaid balance of Principal and interest will be due September 28, 2025. You will deliver or mail to me notice prior to maturity that the balloon payment is due. This notice will state the balloon payment amount and the date that it is due. Payments will be rounded down to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. Each payment I make on this Note will be applied first to interest that is due, then to principal that is due, then to escrow that is due, and finally to late charges that are due. No late charge will be assessed on any payment when the only delinquency is due to late fees assessed on earlier payments and the payment is otherwise a full payment. You may change how payments are applied in your sole discretion without notice to me. The actual amount of my final payment will depend on my payment record. 9. RIGHT TO REFINANCE. If any scheduled payment is more than twice as large as the average of earlier scheduled payments, I have the right to refinance the amount of such payment at the time it is due without penalty, as provided for by state law. The terms of the refinancing shall be no less favorable than the terms of the original transaction. This section does not apply if the payment schedule is adjusted because of my seasonal or irregular income. 10. PREPAYMENT. I may prepay this Note in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 11. LOAN PURPOSE. The purpose of this Loan is PLACE MATURID LOANS ON PAYMENTS. 12. 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 Note 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 Note. 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. Name Change. I change my name or assume an additional name without notifying you before making such a change. J. Property Transfer. I transfer all or a substantial part of my money or property. K. Property Value. You determine in good faith that the value of the Property has declined or is impaired. L. Insufficiency. You determine in good faith that a material adverse change has occurred in my financial condition from the conditions set forth in my most recent financial statement before the date of this Note or that the prospect for payment or performance of the Loan is impaired for any reason. 13. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. A. Additional Waivers By Borrower. In addition, I, and any party to this Note and Loan, to the extent permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on 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. 14. REMEDIES. After I default, and after you give any legally required notice and opportunity to cure the default, you may at your option do any one or more of the following. A. Acceleration. You may make all or any part of the amount owing by the terms of this Note immediately due. B. Sources. You may use any and all remedies you have under state or federal law or in any Loan Document. C. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on my default. D. Payments Made On My Behalf. Amounts advanced on my behalf will be due and may be added to the balance owing under the terms of this Note, and accrue interest at the highest post-maturity interest rate, after providing me with the required notice, if any, and 10 days to comply. E. Attachment. You may attach or garnish my wages or earnings. F. Set-Off. You may use the right of set-off. This means you may set-off any amount due and payable under the terms of this Note 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 this Note" means the total amount to which you are entitled to demand payment under the terms of this Note 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 this Note, your right of set-off will apply to my interest in the obligation and to any other amounts I could withdraw on any 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. 15. 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 Note or any other Loan Document. Expenses include, but are not limited to, court costs, and other legal expenses. Expenses do not include attorneys' fees except as awarded by a court in accordance with other (non UCCC) statutes of Oklahoma. 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 Note. 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. 16. 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 affiliates. 17. WARRANTIES AND REPRESENTATIONS. I have the right and authority to enter into this Note. The execution and delivery of this Note will not violate any agreement governing me or to which I am a party. 18. 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. A. Uniform Consumer Credit Code Applies. I agree that this Loan is subject to 14A OSA § 1-101 through 14A OSA § 6-512 of the Uniform Consumer Credit Code, as amended. 19. 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 personal representatives, successors, heirs and assigns. 20. 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. The Note and the other Loan Documents are the complete and final expression of the agreement. If any provision of this Note is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. No present or future agreement securing any other debt I owe you will secure the payment of this Loan if, with respect to this loan, you fail to fulfill any necessary requirements or fail to conform to any limitations of the Truth in Lending Act (Regulation Z) or the Real Estate Settlement Procedures Act (Regulation X) that are required for loans secured by the Property or if, as a result, this Loan would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. 21. 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. 22. 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. 23. 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. 24. ERRORS AND OMISSIONS. I agree, if requested by you, to fully cooperate in the correction, if necessary, in the reasonable discretion of you of any and all loan closing documents so that all documents accurately describe the loan between you and me. I agree to assume all costs including by way of illustration and not limitation, actual expenses, legal fees and marketing losses for failing to reasonably comply with your requests within thirty (30) days. ITEMIZATION OF AMOUNT FINANCED NOTE AMOUNT Amount given to me directly $0.00 Amount paid on my account: LOA - Loan Payment/Payoff 30225534 $930.00 LOA - Loan Payment/Payoff 30220068 $4,019.34 Total amount paid on my account $4,949.34 Amount paid to Lender for: Prepaid finance charge paid to Lender Loan $300.00 Total prepaid finance charge amount paid to Lender $300.00 Amount paid to others on my behalf* $0.00 LESS: PREPAID FINANCE CHARGE $300.00 AMOUNT FINANCED $4,649.34 *Lender may retain or receive portions of these amounts. 25. SIGNATURES. By signing, I agree to the terms contained in this Note. I also acknowledge receipt of a copy of this Note. BORROWER: [Signature] Date 3/28/2014 LOAN NUMBER: 3026792 LOAN NAME: SHANNA JO THOMAS ACCT. NUMBER: 0 NOTE DATE: 11/29/24 INITIALS: CWC NOTE AMOUNT: $33,810.82 INDEX (w/Margin): Not Applicable RATE: 13.750% MATURITY DATE: 12/13/29 LOAN PURPOSE: Consumer PROMISSORY NOTE AND TRUTH-IN-LENDING DISCLOSURES (Consumer - Closed End) DATE AND PARTIES. The date of this Promissory Note and Truth-In-Lending Disclosures (Note) is November 29, 2024. The parties and their addresses are: LENDER: FIRSTBANK 721 S MISSISSIPPI ATOKA, OK 74525 Telephone: (580) 889-7357 BORROWER: SHANNA JO THOMAS 161 E DUNBAR CIRCLE ATOKA, OK 74525 1. DEFINITIONS. As used in this Note, the terms have the following meanings: A. Persons. The pronouns "I," "me," and "my" refer to each Borrower signing this Note, individually and together with their heirs, successors and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this 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. FEDERAL TRUTH-IN-LENDING DISCLOSURES. <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of my credit as a yearly rate.</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost me.</th> <th>AMOUNT FINANCED<br>The amount of credit provided to me or on my behalf.</th> <th>TOTAL OF PAYMENTS<br>The amount I will have paid when I have made all scheduled payments.</th> </tr> <tr> <td>14.128%</td> <td>$13,576.58</td> <td>$33,810.82</td> <td>$47,188.40</td> </tr> </table> Payment Schedule. My payment schedule will be: <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>60</td> <td>4786.44</td> <td>Monthly beginning January 13, 2025</td> </tr> </table> Demand. This loan has a demand feature. Security. I am giving a security interest in: Motor Vehicle (Non-Residence) I am also giving a security interest in the following goods or property being purchased: Motor Vehicle (Non-Residence) Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment. However, this charge will not be greater than $23.50. Prepayment. If I pay off early, I will not have to pay a minimum finance charge. Assumption. Someone buying the Property securing the obligation cannot assume the remainder of the obligation on the original terms. Contract Documents. I will see my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. 3. REFINANCING. This Note will pay off the following described note(s): <table> <tr> <th>Note Date</th> <th>Note Number</th> <th>Note Amount</th> </tr> <tr> <td>August 4, 2023</td> <td># 30226350</td> <td>$4,810.00</td> </tr> <tr> <td>May 22, 2024</td> <td># 30247914</td> <td>$30,100.86</td> </tr> </table> The remaining balance of all notes listed in the table above is $32,915.82. 4. 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 $33,810.82 (Principal) plus interest from November 29, 2024 on the unpaid Principal balance until this Note matures or this obligation is accelerated. 5. INTEREST. Interest will accrue on the unpaid Principal balance of this Note at the rate of 13.750 percent (Interest Rate). A. Post-Maturity Interest. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Note at the Interest Rate in effect from time to time, until paid in full. B. Maximum Interest Amount. Any amount assessed or collected as interest under the terms of this Note will be limited to the maximum lawful amount of interest allowed by applicable law. Amounts collected in excess of the maximum lawful amount will be applied first to the unpaid Principal balance. Any remainder will be refunded to me. C. Statutory Authority. The amount assessed or collected on this Note is authorized by the Oklahoma Uniform Consumer Credit Code (14A OSA § 1-101 et seq.). D. Accrual. Interest accrues using an Actual/365 days counting method. 6. ADDITIONAL CHARGES. As additional consideration, I agree to pay, or have paid, these additional fees and charges. A. Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay this Note before the scheduled maturity date. Loan. A(n) Loan fee of $300.00 payable from the loan proceeds. EXHIBIT B 7. REMEDIAL CHARGES. In addn 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. However, this charge will not be greater than $21.50. I will pay this late charge promptly but only once for each late payment. 8. PURCHASE MONEY LOAN. You may include the name of the seller on the check or draft for this Note. 9. PAYMENT. I agree to pay this Note on demand, but if no demand is made, I agree to pay this Note in 50 payments. A payment of $786.44 will be due January 13, 2026, and on the 13th day of each month thereafter. A final payment of the entire unpaid balance of Principal and Interest will be due December 13, 2029. Payments will be rounded down to the nearest .01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 20th, 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, then to escrow that is due, and finally to late charges that are due. No late charge will be assessed on any payment when the only delinquency is due to late fees assessed on earlier payments and the payment is otherwise a full payment. You may change how payments are applied in your sole discretion without notice to me. The actual amount of my final payment will depend on my payment record. 10. RIGHT TO REFINANCE. If any scheduled payment is more than twice as large as the average of earlier scheduled payments, I have the right to refinance the amount of such payment at the time it is due without penalty, as provided for by state law. The terms of the refinancing shall be no less favorable than the terms of the original transaction. This section does not apply if the payment schedule is adjusted because of my seasonal or irregular income. 11. PREPAYMENT. I may prepay this Note in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 12. LOAN PURPOSE. The purpose of this Loan is REFINANCE - CONSOLIDATE DEBT. 13. SECURITY. The Loan is secured by separate security instruments prepared together with this Note as follows: Document Name | Parties to Document | Date of Security Document Security Agreement - SHANNA JO THOMAS , JAMES E THOMAS | SHANNA JO THOMAS , JAMES E THOMAS | 11/29/2024 Security Agreement - SHANNA JO THOMAS , DAVID D THOMAS | SHANNA JO THOMAS , DAVID D THOMAS | 11/29/2024 14. 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 Note 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 Note. 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. Insolvency. You determine in good faith that a material adverse change has occurred in my financial condition from the conditions set forth in my most recent financial statement before the date of this Note or that the prospect for payment or performance of the Loan is impaired for any reason. 15. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Note to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law, as applicable. 16. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. A. Additional Waivers By Borrower. In addition, I, and any party to this Note and Loan, to the extent permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on these actions or based on the status of a party to this Note. (1) You may renew or extend payments on this Note, regardless of the number of such renewals or extensions. (2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. (3) You may release, substitute or impair any Property securing this Note. (4) You, or any institution participating in this Note, may invoke your right of set-off. (5) You may enter into any sales, repurchases or participations of this Note to any person in any amounts and I waive notice of such sales, repurchases or participations. (6) I agree that any of us signing this Note as a Borrower is authorized to modify the terms of this Note or any instrument securing, guaranteeing or relating to this Note. B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist upon my strict performance of any provisions contained in this Note, or any other Loan Document, shall not be construed as a waiver by you, unless any such waiver is in writing and is signed by you. 17. REMEDIES. After I default, and after you give any legally required notice and opportunity to cure the default, you may at your option do any one or more of the following. A. Acceleration. You may make all or any part of the amount owed by the terms of this Note immediately due. B. Sources. You may use any and all remedies you have under state or federal law or any Loan Document. C. Insurance Benefits. You may make a claim for the benefits of the guaranteed automobile insurance covering the vehicle(s) securing this Loan, and any and all other insurance benefits or refunds that may be available on my default. D. Payments Made On My Behalf. Amounts advanced on my behalf will be due and may be added to the balance owing under the terms of this Note, and accrue interest at the highest post-maturity interest rate, after providing me with the required notice, if any, and 10 days to comply. E. 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 this Note 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 this Note" means the total amount to which you are entitled to demand payment under the terms of this Note 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 this Note, your right of set-off will apply to my interest in the obligation and to any other amounts I could withdraw on my sole request or endorsement. Your right of set-off does not apply to an account or other obligation where my rights arise only in a representative capacity. It also does not apply to any Individual Retirement Account or other tax-deferred retirement account. [?] You will not be liable for the dishonor 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. F. 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. 18. 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 Note or any other Loan Document. Expenses include, but are not limited to, reasonable attorneys' fees not in excess of 15 percent of the unpaid debt after default and demand to an attorney who is not your salaried employee. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of this Note. 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. 19. 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. 20. WARRANTIES AND REPRESENTATIONS. I have the right and authority to enter into this Note. The execution and delivery of this Note will not violate any agreement governing me or to which I am a party. 21. INSURANCE. I agree to obtain the insurance described in this Loan Agreement. A. Single Interest Insurance. I will purchase Single Interest insurance for the amounts you require as described in one of the other documents I sign for the Loan. I may obtain Single Interest insurance from anyone I want that is acceptable to you. If I get the insurance from or through you, I will pay $100.00 for 60 month(s) of coverage. B. Property Insurance. I will insure or retain insurance coverage on the Property and abide by the insurance requirements of any security instrument securing the Loan. C. Insurance Warrants. I agree to purchase any insurance coverages that are required, in the amounts you require, as described in this or any other documents I sign for the Loan. I will provide you with continuing proof of coverage. I will buy or provide insurance from a firm licensed to do business in the State where the Property is located. If I buy or provide the insurance from someone other than you, the firm will be reasonably acceptable to you. I will have the insurance company name you as loss payee on any insurance policy. You will apply the insurance proceeds toward what I owe you on the outstanding balance. I agree that if the insurance proceeds do not cover the amounts I still owe you, I will pay the difference. I will keep the insurance until all debts secured by this agreement are paid. If I want to buy the insurance from you, I must sign a separate statement agreeing to this purchase. D. Prepayment. If I prepay in full or if I default and you demand payment of the unpaid balance, I may be entitled to a partial refund credit of any prepaid, unearned insurance premiums. This refund may be obtained from you or from the insurance company named in my policy or certificate of insurance. 22. GUARANTEED AUTOMOBILE PROTECTION. I agree to purchase debt cancellation coverage, which includes Guaranteed Automobile Protection (GAP), to protect against risks associated with the collateral securing the Loan. Debt cancellation coverage is not required to obtain credit and will not be provided unless I separately sign and agree to pay the additional cost. Debt cancellation coverage may be obtained from you on these terms: Premium: $495.00 Terms: 0 I want debt cancellation coverage. By signing below, I agree to pay the additional cost of this coverage. Signature Date 23. 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. A. Uniform Consumer Credit Code Applies. I agree that this Loan is subject to 14A OSA § 1-101 through 14A OSA § 6-572 of the Uniform Consumer Credit Code, as amended. 24. 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 personal representatives, successors, heirs and assigns. 25. AMENDMENT, INTEGRATION AND SEVERABILITY. This Note may not be amended or modified by oral agreement. No amendment or modification of this Note is effective unless made in writing. This Note and the other Loan Documents are the complete and final expression of the agreement. If any provision of this Note is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. No present or future agreement securing any other debt I owe you will secure the payment of this Loan if, with respect to this loan, I fail to fulfill any necessary requirements or fail to conform to any limitations of the Truth in Lending Act (Regulation Z) or the Real Estate Settlement Procedures Act (Regulation X) that are required for loans secured by the Property or if, as a result, this Loan would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. 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 Note. 27. 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. 28. 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. 29. ERRORS AND OMISSIONS. I agree, if requested by you, to fully cooperate in the correction, if necessary, in the reasonable discretion of you of any and all loan closing documents so that all documents accurately describe the loan between you and me. I agree to assume all costs including by way of illustration and not limitation, actual expenses, legal fees and marketing losses for failing to reasonably comply with your requests within thirty (30) days. ITEMIZATION OF AMOUNT FINANCED NOTE AMOUNT Amount given to me directly $30,010.82 Amount paid on my account: LOA - Loan Payment/Payoff 30247914 $29,517.97 LOA - Loan Payment/Payoff 30226350 $3,397.85 Total amount paid on my account $32,915.82 Amount paid to Lender for: Prepaid finance charge paid to Lender Loans $300.00 Total prepaid finance charge amount paid to Lender $300.00 Amount paid to others on my behalf*: Insurance Company $100.00 Courtesy Insurance $495.00 LES: PREPAID FINANCE CHARGE AMOUNT FINANCED $300.00 *Lender may retain or receive portions of these amounts. $33,510.82 30. SIGNATURES. By signing, I agree to the terms contained in this Note. I also acknowledge receipt of a copy of this Note. BORROWER: SHANNA JO THOMAS Date 11/24