Arvest Bank v. Kelsey White

IN THE DISTRICT COURT OF LE FLORE COUNTY, OKLAHOMA CIVIL DIVISION ARVEST BANK ) PLAINTIFF ) VS. ) KELSEY WHITE ) DEFENDANTS ) CASE NO. CJ-26-43 COMPLAINT FOR REPLEVIN Comes now Arvest Bank (hereinafter “Plaintiff”), by and through its attorney, Charles S. Trantham, and for its cause of action against the above-named Defendant Kelsey White, states and alleges: 1. Plaintiff is a banking institution duly authorized to transact business in the State of Oklahoma. 2. Upon information and belief, the last known address of Defendant Kelsey White is in Le Flore County, Oklahoma. In addition, after inquiry, there is no evidence that said Defendant is a member of the U.S. military or that she is otherwise entitled to any relief under the Servicemembers’ Civil Relief Act I (Title 50 Section 533, U.S. Code). 3. This Court has jurisdiction over the parties and the subject matter of this lawsuit, and venue is proper. 4. On or about November 13, 2021, Defendant made, executed, and delivered to J. Pauley Toyota a Retail Installment Sale Contract, Loan No. ending in ***1606 (hereinafter the “Contract”) in the principal amount of $33,090.00 bearing interest at the rate of 5.84% per annum. The Contract was assigned to Plaintiff by way of Assignment incorporated into the Contract. A true and correct copy of this Contract is attached as “Exhibit 1” and incorporated herein by reference. 5. To secure the payment of the indebtedness set forth hereinabove, Defendant acknowledged and delivered to the Plaintiff a first lien on the following collateral, to-wit: 2018 TOYOTA HIGHLANDER VIN# 5TDZZRFHXJS288218 A true and correct copy of a Valid Security Interest with the Oklahoma Tax Commission is attached as “Exhibit 2” and incorporated herein by reference. 6. By reason of the above-mentioned Contract and Valid Security Interest, Plaintiff has an interest in the aforesaid collateral which entitles Plaintiff to immediate possession of said collateral and entry of an Order of Delivery granting the same. 7. Defendant has failed to pay pursuant to the Contract and is now in default. The Plaintiff has given written notice to the Defendant of her default and the right to cure, and the Defendant has failed and refused to cure the default. 8. Defendant is currently in wrongful possession of the above-mentioned collateral, and the Plaintiff asks this Court to grant an Order of Delivery to allow the Plaintiff immediate possession of the property to sell in a commercial and reasonable manner pursuant to Oklahoma law. 9. Upon the event of the sale, Plaintiff will apply the sale proceeds to the indebtedness herein, and in the event that the sale proceeds do not satisfy the debt in question, Plaintiff shall be entitled to retain a Deficiency Judgment against Defendant. 10. The above-mentioned Contract provides that in the event any installments of principal are not paid when due, all the unpaid principal installments with earned and unpaid interest shall be, at the election of Plaintiff, without notice, immediately due and payable, and if placed in the hands of an attorney for collection, Defendant agrees to pay attorneys’ fees. 11. Defendant has failed to pay the balance due on the Contract, and there is due and owing to Plaintiff as of January 29, 2026, the principal amount of $15,176.93, interest in the amount $303.54, late fees in the amount of $213.32, and unpaid loan fees in the amount of $805.29, all to bear interest at the rate of 5.84% per annum until paid in full, all of which Plaintiff should have judgment together with attorney’s fees and all other costs incurred in collecting this debt. Pursuant to a JD Power Collateral Assessment, the average base trade-in value of the collateral is $15,200. 12. Upon information and belief, the collateral was not taken in execution on any order or judgment against said plaintiff, or for the payment of any tax, fine, or amercement assessed against her, or by virtue of an order of delivery issued under this chapter, or any other mesne or final process issued against said plaintiff; or, if taken in execution or on any order or judgment against the plaintiff, this is exempt by law from being so taken. 13. An Affidavit of Indebtedness is attached as “Exhibit 3” and is incorporated herein by reference to provide a comprehensive account of the outstanding debts, value of collateral, and obligations owed to Arvest Bank. 14. Pursuant to Okla. Stat. tit. 12 OK Stat § 1571, an Order for Delivery should be entered against Defendant, or any other party who wrongfully maintains possession of the collateral, directing the Sheriff of any County in the State of Oklahoma to immediately deliver the possession of the Collateral to the Plaintiff; and for such other and further relief to which Plaintiff is entitled. WHEREFORE, PREMISES CONSIDERED, Plaintiff, Arvest Bank prays that it have judgment IN PERSONAM, against the Defendant, Kelsey White, as of January 29, 2026, the principal amount of $15,176.93, interest in the amount $303.54, late fees in the amount of $213.32, and unpaid loan fees in the amount of $805.29 all to bear interest at the rate of 5.84% per annum until paid in full, along with attorneys’ fees and all costs associated with this case, all to bear interest at the highest legally allowable rate until Plaintiff is paid. Plaintiff further requests that this Court grant Plaintiff an Order of Delivery granting Plaintiff immediate possession of the above-mentioned collateral as set out herein above; that said collateral should thereafter be sold, and the aforesaid proceeds be applied to the indebtedness in accordance and pursuant to Oklahoma law including Plaintiff’s costs herein and attorney fees, and for any and all other relief to which Plaintiff may prove itself entitled. ARVEST BANK, PLAINTIFF By: /s/ Charles S. Trantham Charles S. Trantham, OK Bar #21426 STOCKLAND & TRANTHAM, P.A. P.O. Box 1723 Fayetteville, AR 72703-1723 (479) 521-7130 [email protected] VERIFICATION STATE OF OKLAHOMA ) COUNTY OF WASHINGTON ) §§ Comes now Pam Birkinbine for Plaintiff Arvest Bank, after being duly sworn, states on oath that the things, facts, and matters set forth in the above and foregoing instrument are true and correct as the Plaintiff verily believes. IN WITNESS WHEREOF, Plaintiff has set her hand on this 17th day of February 2026. Pam Birkinbine Legal Default Specialist Arvest Bank SUBSCRIBED AND SWORN to before me, a Notary Public, in and for the State and County aforesaid on this 17th day of February, 2026. Dee Hardwick Washington NOTARY PUBLIC — ARKANSAS My Commission Expires February 06, 2030 Commission No. 12710029 Notary Public My Commission Expires: 2-6-2030 RETAIL INSTALLMENT SALE CONTRACT SIMPLE FINANCE CHARGE Buyer Name and Address (Including County and Zip Code) KELSEY WHITE 47474 CONSER CREEK RD HEAVENER OK 74937 Co-Buyer Name and Address (Including County and Zip Code) N/A Seller - Creditor (Name and Address) J. PAULEY TOYOTA 6200 SOUTH 38TH FORT SMITH, AR 72908 DEAL#: 348368 CUST#: N28976A You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements in this contract. You agree to pay the Seller - Creditor (sometimes "we" or "us" in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract. <table> <tr> <th>New/Used</th> <th>Year</th> <th>Make and Model</th> <th>Vehicle Identification Number</th> <th>Primary Use For Which Purchased</th> </tr> <tr> <td>USED</td> <td>2018</td> <td>TOYOTA HIGHLANDER</td> <td>5TDZZRFHXJS288218</td> <td>Personal, family, or household unless otherwise indicated below<br>☐ business<br>☐ agricultural<br>☐ N/A</td> </tr> </table> FEDERAL TRUTH-IN-LENDING DISCLOSURES <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of your credit as a yearly rate.</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost you.</th> <th>Amount Financed<br>The amount of credit provided to you or on your behalf.</th> <th>Total of Payments<br>The amount you will have paid after you have made all payments as scheduled.</th> <th>Total Sale Price<br>The total cost of your purchase on credit, including your down payment of $_______.<br>$39399.12</th> </tr> <tr> <td>5.84 %</td> <td>$6309.12</td> <td>$33080.00</td> <td>$39399.12</td> <td>$39399.12</td> </tr> </table> Your 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>72</td> <td>$547.21</td> <td>MONTHLY beginning 12/28/2021</td> </tr> <tr> <td>N/A</td> <td>$N/A</td> <td>N/A</td> </tr> </table> N/A Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of $1.00 or 5% of the part of the payment that is late, whichever is greater. Prepayment. If you pay early, you will not have to pay a penalty. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date and security interest. ☐ You pay no finance charge if the Amount Financed, item 5, is paid in full on or before ____________ Year ____________ OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy a gap contract, the charge is shown in item 4D of the Itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract. Term _______ N/A Mos. ____________________________ I want to buy a gap contract. Buyer Signs X ____________________________ N/A Returned Check Charge: You agree to pay a charge of $30.00 plus the amount of any fees charged to us by any financial institution if any check you give us is dishonored or any electronic payment is returned unpaid. NO COOLING OFF PERIOD State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract, you may only cancel it if the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. The preceding NOTICE applies only to goods or services obtained primarily for personal, family or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract. OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed. b. How we will apply payments. We may apply each payment to the earned and unpaid part of the Finance Charge, to the unpaid part of the Amount Financed and to other amounts you owe under this contract in any order we choose as the law allows. c. How late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Price shown on page 1 of this contract on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due. d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financed at any time without penalty. If you do so, you must pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment. 2. YOUR OTHER PROMISES TO US a. If the vehicle is damaged, destroyed, or missing. You agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed, or missing. b. Using the vehicle. You agree not to remove the vehicle from the U.S. or Canada, or to sell, rent, lease, or transfer any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we ask for it. c. Security Interest. You give us a security interest in: • The vehicle and all parts or goods put on it; • All money or goods received (proceeds) for the vehicle; • All insurance, maintenance, service, or other contracts we finance for you; and • All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts. This secures payment of all you owe on this contract. It also secures your other agreements in this contract. You will make sure the title shows our security interest (lien) in the vehicle. You will not allow any other security interest to be placed on the title without our written permission. d. Insurance you must have on the vehicle. You agree to have physical damage insurance covering loss of or damage to the vehicle for the term of this contract. The insurance must cover our interest in the vehicle. You agree to name us on your insurance policy as an additional insured and as loss payee. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to buy physical damage insurance, we may either buy insurance that covers your interest and our interest in the vehicle, or buy insurance that covers only our interest. If we buy either type of insurance, we will tell you which type and charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on page 1 of this contract. If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle. e. What happens to returned Insurance, maintenance, service, or other contract charges. If we obtain a refund of insurance, maintenance-service, or other contract charges, you agree that we may subtract the refund from what you owe. 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late charges. You will pay a late charge on each late payment as shown on page 1 of this contract. Acceptance of a late payment or late charge does not excuse your late payment or mean that you may keep making late payments. If you pay late, we may also take the steps described below. b. You may have to pay all you owe at once. If you break your promises (default), we may demand that you pay all you owe on this contract at once. Default means: • You do not pay any payment on time; • You give false, incomplete, or misleading information during credit application; • You start a proceeding in bankruptcy or one is started against you or your property; or • You break any agreements in this contract. The amount you will owe will be the unpaid part of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because you defaulted. c. You may have to pay collection costs. If we hire an attorney to collect what you owe, you will pay the attorney's fee and court costs as the law allows. d. We may take the vehicle from you. If you default, we may take (repossess) the vehicle from you if we do so peacefully and the law allows it. If your vehicle has an electronic tracking device (such as GPS), you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement parts will stay with the vehicle. If any personal items are in the vehicle, we may store them for you. If you do not ask for these items back, we may dispose of them as the law allows. e. How you can get the vehicle back if we take it. If we repossess the vehicle, you may pay to get it back (redeem). We will tell you how much to pay to redeem. Your right to redeem ends when we sell the vehicle. f. We will sell the vehicle if you do not get it back. If you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle. We will apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs the law permits are also allowed expenses. If any money is left (surplus), we will pay it to you unless the law requires us to pay it to someone else. If money from the sale is not enough to pay the amount you owe, you must pay the rest to us. If you do not pay this amount when we ask, we may charge you interest at a rate not exceeding the highest lawful rate until you pay. g. What we may do about optional insurance, maintenance, service, or other contracts. This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, you agree that we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe. 4. WARRANTIES SELLER DISCLAIMERS Unless the Seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. 5. Used Car Buyers Guide. The Information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale. Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la ventana para este vehículo forma parte del presente contrato. La información del formulario de la ventana deja sin efecto toda disposición en contrario contenida en el contrato de venta. 6. SERVICING AND COLLECTION CONTACTS You agree that we may try to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and automatic telephone dialing systems, as the law allows. You also agree that we may try to contact you in these and other ways at any address or telephone number you provide us, even if the telephone number is a cell phone number or the contact results in a charge to you. 7. APPLICABLE LAW Federal law and the law of the state of Arkansas apply to this contract. ITEMIZATION OF AMOUNT FINANCED 1 Cash Price (including $ ________ N/A sales tax) $ 32961.00 (1) 2 Total Downpayment = Trade-In N/A (Year) (Make) (Model) Gross Trade-in Allowance $ ? Less Pay Off Made By Seller to N/A $ ? Equals Net Trade in $ ? + Cash $ ? + Other N/A $ ? + Other N/A $ ? + Other N/A $ ? (If total down payment is negative, enter "0" and see 4j below) $ ? 3 Unpaid Balance of Cash Price (1 minus 2) $ 32961.00 (3) 4 Other Charges including Amounts Paid to Others on Your Behalf (Seller may keep part of these amounts): A Cost of Optional Credit Insurance Paid to Insurance Company or Companies. Life N/A Disability $ N/A $ N/A B Vendor's Single Interest Insurance Paid to Insurance Company $ N/A C Other Optional Insurance Paid to Insurance Company or Companies $ N/A D Optional Gap Contract $ N/A E Official Fees Paid to Government Agencies to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A F Government Taxes Not Included in Cash Price $ N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A 129.00 N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A $ ? N/A Total Other Charges and Amounts Paid to Others on Your Behalf $ 129.00 (4) 5 Amount Financed (3 + 4) $ 33090.00 (5) The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract, and retain its right to receive a part of the Finance Charge. HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding. Buyer Signs X William Herring Co-Buyer Signs X N/A If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others. You authorize us to obtain information about you, or the vehicle you are buying, from the state motor vehicle department or other motor vehicle registration authorities. See the rest of this contract for other important agreements. NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights. You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You confirm that you received a completely filled-in copy when you signed it. Buyer Signs X William Herring Date 11/13/2021 Co-Buyer Signs X N/A Date N/A Buyer Printed Name KELSEY WHITE Co-Buyer Printed Name N/A If the "business" use box is checked in "Primary Use for Which Purchased": Print Name N/A Title N/A Co-Buyers and Other Owners — A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract. Other owner signs here X N/A Address N/A Seller signs J. PAULEY TOYOTA Date 11/13/2021 By X CF Title BUSINESS MANAGER Seller assigns its interest in this contract to ARVEST BANK Assignee under the terms of Seller's agreement(s) with Assignee. [ ] Assigned with recourse [X] Assigned without recourse [ ] Assigned with limited recourse Seller J. PAULEY TOYOTA By X CF Title BUSINESS MANAGER Insurance. You may buy the physical damage insurance this contract requires from anyone you choose subject to our approval of your choice as the law allows. You may also provide the physical damage insurance through an existing policy owned or controlled by you that is acceptable to us. Your choice of insurance providers will not affect the credit terms or our decision to sell or extend credit to you. You are not required to buy any other insurance to obtain credit unless the box indicating Vendor's Single Interest Insurance is required is checked on page 1 of this contract. If any insurance is checked below, policies or certificates from the named insurance companies will describe the terms and conditions. Check the insurance you want and sign below: Optional Credit Insurance ☐ Credit Life: ☐ Buyer ☐ Co-Buyer ☐ Both ☐ Credit Disability: ☐ Buyer ☐ Co-Buyer ☐ Both Premium: Credit Life $ N/A Credit Disability $ N/A Insurance Company Name N/A N/A Home Office Address N/A N/A Credit life insurance and credit disability insurance are not required to obtain credit. Your decision to buy or not to buy credit life insurance and credit disability insurance will not be a factor in the credit approval process. These forms will be provided unless you sign and agree to pay the extra cost. If you choose this insurance, the cost is shown in item 4A of the total calculation of your amount financed. Credit life insurance is based on your original payment schedule. This insurance may not pay all you owe on this contract if you make late payments. Credit disability insurance does not cover any increase in your payment or in the number of payments. Coverage for credit life insurance and credit disability insurance ends on the original due date for the last payment unless a different term for the insurance is shown below. Other Optional Insurance ☐ Type of Insurance Term N/A Premium $ N/A Insurance Company Name N/A N/A Home Office Address N/A N/A Other optional insurance is not required to obtain credit. Your decision to buy or not buy other optional insurance will not be a factor in the credit approval process. It will not be provided unless you sign and agree to pay the extra cost. I want the insurance checked above. X N/A N/A Buyer Signature Date X N/A N/A Co-Buyer Signature Date THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS. OKLAHOMA TAX COMMISSION LIEN HOLDERS RELEASE FORMS VIN: STDZZRFHXJS288218 AGNT #: M4018 LIEN DEBTOR: WHITE,KELSEY VEHYR: 2018 MAKE: TOYT MODEL: LIEN DATE: 11/13/2021 WHITE,KELSEY 47474 CONSER CREEK RD HEAVENER OK 74937-9024 LIEN HOLDER: ARVEST BANK ARVEST BANK PO BOX 799 LOWELL AR 72745-0799 TO: OKLAHOMA TAX COMMISSION MOTOR VEHICLE DIVISION P.O. BOX 269061 OKLAHOMA CITY OK 73126 REF#: L1308483976 TO WHOM IT MAY CONCERN: WE HAVE RELEASED OUR SECURITY INTEREST IN THE MOTOR VEHICLE DESCRIBED ABOVE, EFFECTIVE ON THE DATE WHICH APPEARS BY MY SIGNATURE. PLEASE REVISE YOUR RECORDS TO REFLECT THIS RELEASE. SIGNATURE OF REPRESENTATIVE OF SECURED PARTY X__________________________________________ DATE____________________ LENDER: TO ENSURE PROPER PROCESSING OF YOUR COMPLETED LIEN RELEASE, PLEASE NOTE THE FOLLOWING. DO NOT ALTER THIS DOCUMENT NO STAPLES NO TAPE NO FOREIGN FIXTURES OR ATTACHMENTS NO WRITING OR MARKING (OTHER THAN SIGNATURE AND DATE FOR RELEASE) DO NOT ALTER THE SIZE OF THIS DOCUMENT AFFIDAVIT OF INDEBTEDNESS OF PAM BIRKINBINE STATE OF OKLAHOMA ) COUNTY OF WASHINGTON ) $ I, Pam Birkinbine, Legal Default Specialist of Arvest Bank, being duly sworn, do hereby state under oath that the matters set forth herein are true and correct to the best of my knowledge, information, and belief. 1. I am over the age of 18 and am competent to testify in all respects. 2. Arvest Bank is a corporation authorized to conduct business in Oklahoma. 3. I am familiar with the account of Defendant Kesley White and have personal knowledge of the events and allegations recited below. 4. Arvest Bank is the holder of the debt instruments referenced below. 5. On or about November 13, 2021, Defendant made, executed, and delivered to J. Pauley Toyota a Retail Installment Sale Contract, Loan No. ending in ***1606 (hereinafter the "Contract") in the principal amount of $33,090.00 bearing interest at the rate of 5.84% per annum. The Contract was assigned to Plaintiff by way of Assignment incorporated into the Contract. 6. Arvest Bank perfected its security interest in the Contract by way of a Valid Security Interest with the Oklahoma Tax Commission on the following collateral: 2018 TOYOTA HIGHLANDER VIN# 5TDZZRFHXJS288218 7. Despite demand, the Contract was not paid when due and is in default. 8. Arvest Bank is the holder of the Contract, has exercised its right under the loan document, and has accelerated the balance of the Contract. Arvest Bank’s right to take possession of the collateral is absolute. 9. Kelsey White has failed to pay the balance due on the Contract and there is due and owing to Arvest Bank as of January 29, 2026, the principal amount of $15,176.93, interest in the amount $303.54, late fees in the amount of $213.32, and unpaid loan fees in the amount of $805.29, all to bear interest at the rate of 5.84% per annum until paid in full, all of which Arvest Bank should have judgment together with attorney's fees and all other costs incurred in collecting this debt. 10. Pursuant to a JD Power Collateral Assessment, the average base trade-in value of the collateral is $15,200. See the Assessment attached as "Exhibit 3A." 11. Upon information and belief, the collateral has not been taken for a tax or fine or under any order of judgment of a court or seized under an execution or attachment. 12. Arvest Bank's cause of action has accrued within the past two (2) years. FURTHER AFFIANT SAYETH NOT. [Signature] Pam Birkinbine Legal Default Specialist Arvest Bank On this 17th day of February, 2026, before me, the undersigned Notary Public, duly commissioned, qualified, and acting within the aforesaid State and County, appeared in person Pam Birkinbine, to me well-known or satisfactorily proven to be the person who executed the foregoing instrument and acknowledged before me under oath that she was authorized in her capacity to execute the foregoing instrument for and on behalf of Arvest Bank, and further stated that she had so signed for the consideration, uses, and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 17th day of February 2026. Dee Hardwick Washington NOTARY PUBLIC – ARKANSAS My Commission Expires February 06, 2030 Commission No. 12710029 Notary Public My Commission Expires: 2-6-2030 J.D. POWER Arvest Bank Operations (B2B) J.D. POWER Used Cars/Trucks Vehicle Information Vehicle: 2018 Toyota Highlander Utility 4D LE Plus 3.5L V6 Region: Eastern Period: December 19, 2025 VIN: 5TDZZRFHXJS288218 Mileage: 102,500 Base MSRP: $35,660 Typically Equipped MSRP: $36,755 Weight: 4,370 J.D. POWER Used Cars/Trucks Values <table> <tr> <th></th> <th>Base</th> <th>Mileage Adj.</th> <th>Option Adj.</th> <th>Adjusted Value</th> </tr> <tr> <th colspan="5">Monthly Used</th> </tr> <tr> <td>Rough Trade-In</td> <td>$13,900</td> <td>N/A</td> <td>N/A</td> <td>$13,900</td> </tr> <tr> <td>Average Trade-In</td> <td>$15,200</td> <td>N/A</td> <td>N/A</td> <td>$15,200</td> </tr> <tr> <td>Clean Trade-In</td> <td>$16,250</td> <td>N/A</td> <td>N/A</td> <td>$16,250</td> </tr> <tr> <td>Clean Loan</td> <td>$14,625</td> <td>N/A</td> <td>N/A</td> <td>$14,625</td> </tr> <tr> <td>Clean Retail</td> <td>$19,000</td> <td>N/A</td> <td>N/A</td> <td>$19,000</td> </tr> <tr> <th colspan="5">Weekly Auction</th> </tr> <tr> <td>Low</td> <td>$12,325</td> <td>N/A</td> <td>N/A</td> <td>$12,325</td> </tr> <tr> <td>Average</td> <td>$14,875</td> <td>N/A</td> <td>N/A</td> <td>$14,875</td> </tr> <tr> <td>High</td> <td>$17,425</td> <td>N/A</td> <td>N/A</td> <td>$17,425</td> </tr> <tr> <th colspan="5">Weekly Used</th> </tr> <tr> <td>Rough Trade-In</td> <td>$13,875</td> <td>N/A</td> <td>N/A</td> <td>$13,875</td> </tr> <tr> <td>Average Trade-In</td> <td>$15,175</td> <td>N/A</td> <td>N/A</td> <td>$15,175</td> </tr> <tr> <td>Clean Trade-In</td> <td>$16,225</td> <td>N/A</td> <td>N/A</td> <td>$16,225</td> </tr> </table> J.D. POWER 12/19/2025 J.D. POWER Used Cars/Trucks Clean Retail Base Mileage Adj. Option Adj. Adjusted Value $18,975 N/A N/A $18,975 *The auction values displayed include typical equipment and adjustments for mileage and any of the following applicable accessories: engine size, drivetrain, and trim.