FirstBank v. April D. Briggs

IN THE DISTRICT COURT WITHIN AND FOR CREEK COUNTY, STATE OF OKLAHOMA FIRSTBANK, Plaintiff, vs. APRIL D. BRIGGS SPOUSE, IF ANY, OF APRIL D. BRIGGS, OCCUPANTS OF THE PREMISES AT 500 W. BIRCH ST., MANNFORD, OK 74044, ROLLING OAKS MOBILE HOME COMMUNITY, Defendants. PETITION COMES NOW FIRSTBANK ("Plaintiff") and for its cause of action alleges and states: 1. Plaintiff is duly authorized to transact business within the State of Oklahoma. 2. APRIL D. BRIGGS ("Defendant") is a resident of Creek County, State of Oklahoma. The personal property which is the subject matter of this action is located in Creek County, Oklahoma. The Court has jurisdiction of the subject matter hereof and the parties hereto. 3. On or about July 24, 2024, Defendant executed a Promissory Note, Security Agreement and Truth-In-Lending Disclosures (hereinafter "Agreement"), a copy of which is attached hereto as Exhibit "A," whereby Defendant contracted, covenanted, and agreed to pay to the holder of the Agreement the amount of $25,605.02 for the purchase of the personal property, which personal property is described as follows: Year: 1993 Make: OKCK Model: 237 Serial Number / VIN: 0C05935293 Length: 66 feet Width: 16 feet (hereinafter "personal property"), with interest at the rate of 5.000%, with payments of principal and interest to be paid in monthly installments of $365.33 each, commencing on August 24, 2024 and continuing thereafter until the total obligation was paid in full. Plaintiff is the holder of the Agreement and is entitled to enforce the Agreement. 4. Defendant is in default under the terms and conditions of the Agreement as required therein in that the payment due November 1, 2024 and subsequent payments have not been made; although due demand has been made upon Defendant, she has wholly failed, refused and neglected to pay the payments due and owing Plaintiff. After applying credit for all payments made by Defendant(s), there remains a principal balance due and owing in the amount of $26,151.49, with interest at a rate of 5.000% per annum, and other amounts that are due, owing and collectible pursuant to the Agreement, and by reason of the failure of the Defendant to make payments to Plaintiff according to the terms and conditions of the Agreement, Defendant is in default. Due demand has been made upon Defendant for delivery of the personal property and Defendant has wholly failed, refused and neglected to deliver said personal property to Plaintiff or Plaintiff's representative. 5. The provisions of the Agreement provide that in the event of default in the payment of the indebtedness secured thereby, all obligations secured under the terms of the Agreement become immediately due and payable and, therefore, Plaintiff may proceed to exercise any and all rights and remedies contained in the Agreement or as provided by law. Default has occurred under the terms of the Agreement and pursuant to the terms, Plaintiff hereby demands immediate delivery of the personal property in the Agreement as collateral according to the terms therein. By reason of Exhibit "A," Plaintiff has a special interest in, and a lien on, the personal property and is entitled to immediate possession of said personal property. 6. The personal property is wrongfully detained by the Defendant. 7. The actual value of the personal property is $15,039.18. 8. The personal property was not taken in execution on any order or judgment against Plaintiff, or for the payment of any tax, fine, or amercement assessed against it or by virtue of an order of delivery issued under the replevin law of the State of Oklahoma or any other mesne or final process issued against said Plaintiff. 9. That Defendant(s), SPOUSE, IF ANY, OF APRIL D. BRIGGS; OCCUPANTS OF THE PREMISES AT 500 W. BIRCH ST., MANNFORD, OK 74044 may claim some interest in the personal property by virtue of occupancy of the personal property, and Plaintiff prays they be required to come forward and assert any interest he/she/they may have in the personal property. 10. That Defendant, ROLLING OAKS MOBILE HOME COMMUNITY, may claim some interest in the personal property and Plaintiff prays they be required to come forward and assert any interest they may have in the personal property. 11. (insert bankruptcy information, if any). WHEREFORE, Plaintiff prays that it be awarded judgment IN PERSONAM against Defendant and IN REM AGAINST THE PERSONAL PROPERTY as follows: For the principal balance due and owing in the amount of $26,151.49, with interest at a rate of 5.000% per annum, a reasonable attorney’s fee and all costs of this action; For an Order of the Court for immediate possession and delivery of the personal property to be sold to satisfy the indebtedness due and owing to Plaintiff; and For such other and further relief as this Court deems just and equitable. BAER & TIMBERLAKE, P.C. Matthew J. Hudspeth - OBA 14613 Baer & Timberlake, P.C. P. O. Box 18486 Oklahoma City, OK 73154-0486 Phone: (405) 842-7722 Fax: (405) 848-9349 Attorney for Plaintiff [email protected] COUNTY OF TULSA STATE OF OKLAHOMA ss. I state under penalty of perjury on this 24th day of February 2025, under the laws of Oklahoma that the foregoing is true and correct. ____________________________ Matthew J. Hudspeth THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. <table> <tr> <th>LOAN NUMBER</th> <th>LOAN NAME</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>INITIALS</th> </tr> <tr> <td></td> <td>April D Briggs</td> <td></td> <td>07/24/24</td> <td></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>$26,355.02</td> <td>Not Applicable</td> <td>5.000%</td> <td>07/24/39</td> <td>Consumer</td> </tr> </table> PROMISSORY NOTE, SECURITY AGREEMENT AND TRUTH-IN-LENDING DISCLOSURES (Consumer - Closed End) DATE AND PARTIES. The date of this Promissory Note, Security Agreement and Truth-In-Lending Disclosures (Loan Agreement) is July 24, 2024. The parties and their addresses are: LENDER: FIRSTBANK 1221 Broadway Suite 1300 Nashville, TN 37203 Telephone: BORROWER: APRIL D BRIGGS 500 W Birch Street Mannford, OK 74044 The pronouns "I," "me," and "my" refer to each Borrower signing this Loan Agreement, 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 Loan Agreement. "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. Loan Documents refer to all the documents executed as a part of or in connection with the Loan. Property means any property, real, personal or intangible, that secures my performance of the obligations of this Loan Agreement. Rates and rate change limitations are expressed as annualized percentages. All dollar amounts will be payable in lawful money of the United States of America. <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of my credit as a yearly rate.<br>5.441%</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost me.<br>$11,909.81</th> <th>AMOUNT FINANCED<br>The amount of credit provided to me or on my behalf.<br>$26,805.02</th> <th>TOTAL OF PAYMENTS<br>The amount I will have paid when I have made all scheduled payments.<br>$37,514.83</th> </tr> </table> INTEREST RATE AND PAYMENT SUMMARY <table> <tr> <th colspan="2">Rate & Monthly Payment</th> </tr> <tr> <td>Interest Rate</td> <td>5.000%</td> </tr> <tr> <td>Principal + Interest Payment</td> <td>$208.41</td> </tr> <tr> <td>Estimated Taxes + Insurance (Escrow)</td> <td>$156.92</td> </tr> <tr> <td>Total Estimated Monthly Payment</td> <td>$365.33</td> </tr> </table> No Guarantee to Refinance. There is no guarantee that you will be able to refinance to lower your rate and payments. Demand. This loan has a demand feature. Security. I am giving a security interest in the following goods or property being purchased: Mobile Home (Personal Prop./Residence), 1993 OKCK 237 Filing Fees, Non-Real Estate Filing Fee: $36.15. Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $500.00, whichever is less. Prepayment. If I pay off early, I will not have to pay a penalty. 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. 1. PROMISE TO PAY. For value received, I promise to pay you or your order the principal sum of $26,355.02 (Principal) plus interest at the rate of 5.000 percent (Interest Rate) from July 24, 2024 on the unpaid Principal balance until this Loan Agreement matures or this obligation is accelerated. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Loan Agreement at the Interest Rate in effect from time to time, until paid in full. Any amount assessed or collected as interest under the terms of this Loan Agreement 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. The amount assessed or collected on this Loan Agreement is authorized by the Tennessee Home Loan Act (Chapter 15 of the Commercial Instruments) and Transactions law (Tenn. Code Ann. §§ 47-15-101 – 47-15-104). Other than any odd first period, interest will accrue using a counting days method that assumes equal intervals between scheduled payments. 2. 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 Loan Agreement before the scheduled maturity date. Property Taxes. A(n) Property Taxes fee of $44.68 payable from the loan proceeds. Homeowner’s Insurance Reserves. A(n) Homeowner’s Insurance Reserves fee of $538.36 payable from the loan proceeds. Oklahoma Sales Tax (C). A(n) Oklahoma Sales Tax (C) fee of $256.61 payable from the loan proceeds. OK Prorated County Tax (C). A(n) OK Prorated County Tax (C) fee of $357.50 payable from the loan proceeds. Homeowner’s Insurance (SL). A(n) Homeowner’s Insurance (SL) fee of $1,615.00 payable from the loan proceeds. Non-RE Filing. A(n) Non-RE Filing fee of $96.15 payable from the loan proceeds. Flood Determination -Life of Loan (SL). A(n) Flood Determination -Life of Loan (SL) fee of $10.00 payable from the loan proceeds. Life of Loan Tax Status Research Fee. A(n) Life of Loan Tax Status Research Fee fee of $90.00 payable from the loan proceeds. Credit Report. A(n) Credit Report fee of $6.57 payable from the loan proceeds. Document Preparation. A(n) Document Preparation fee of $350.00 payable from the loan proceeds. Loan Origination. A(n) Loan Origination fee of $650.00 payable from the loan proceeds. 3. 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 Loan Agreement. A. Late Charge. If a payment is more than 10 days late, I will be charged 5,000 percent of the Amount of Payment or $500.00, whichever is less. I will pay this late charge promptly but only once for each late payment. B. Returned Payment Charge. I agree to pay a fee not to exceed $20.00 for each check, electronic payment, negotiable order of withdrawal or draft I issue in connection with the Loan that is returned because it has been dishonored. 4. PAYMENT. I agree to pay this Loan Agreement on demand, but if no demand is made, I agree to pay this Loan Agreement in 180 payments. I will make 179 payments of $208.41 beginning on August 24, 2024, and on the 24th day of each month thereafter. A single, final payment of the entire unpaid balance of Principal and interest will be due July 24, 2039. Payments will be rounded up 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 Loan Agreement will be applied first to escrow that is due, then to interest that is due, then to principal that is due, then to credit insurance premiums that are due, then to late charges that are due, and finally to any charges that I owe other than principal and interest. 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. 5. PREPAYMENT. I may prepay this Loan Agreement in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 6. LOAN PURPOSE. The purpose of this Loan is Purchase Mobile Home no R/E -Personal. 7. SECURITY. The Loan is secured by Property described in the SECURITY AGREEMENT section of this Loan Agreement. 8. SECURITY AGREEMENT. A. Secured Debts. This Security Agreement will secure the following debts (Secured Debts), together with all extensions, renewals, refinancings, modifications and replacements of these debts: (1) Sums Advanced under the terms of this Loan Agreement. All sums advanced and expenses incurred by you under the terms of this Loan Agreement. B. Limitations on Cross-collateralization. The Loan is not secured by a previously executed security instrument if a non-possessory, non-purchase money security interest is created in “household goods” in connection with a “consumer loan,” as those terms are defined by federal law governing unfair and deceptive credit practices. The Loan is not secured by a previously executed security instrument if you fail to fulfill any necessary requirements or fail to conform to any limitations of the Real Estate Settlement Procedures Act, (Regulation X), that are required for loans secured by the Property or if, as a result, the other debt would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. The Loan is not secured by a previously executed security instrument if you fail to fulfill any necessary requirements or fail to conform to any limitations of the Truth in Lending Act, (Regulation Z), that are required for loans secured by the Property. C. Security Interest. To secure the payment and performance of the Secured Debts, I grant you a security interest in all of the Property described in this Security Agreement that I own or have sufficient rights in which to transfer an interest, now or in the future, wherever the Property is or will be located, and all proceeds and products from the Property (including, but not limited to, all parts, accessories, repairs, replacements, improvements, and accessions to the Property). Property is all the collateral given as security for the Secured Debts and described in this Security Agreement, and includes all obligations that support the payment or performance of the Property. “Proceeds” includes cash proceeds, non-cash proceeds and anything acquired upon the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising from the Property; and any collections and distributions on account of the Property. Property also includes any original evidence of title or ownership whether evidenced by a certificate of title or ownership, a manufacturer’s statement of origin or other document when the Property is titled under any federal or state law. I will deliver the title documents and properly execute all title documents as necessary to reflect your security interest. This Security Agreement remains in effect until terminated in writing, even if the Secured Debts are paid and you are no longer obligated to advance funds to me under any loan or credit agreement. D. Property Description. The Property subject to this Security Agreement is described as follows: (1) Motor Vehicle, Mobile Home, Sport Craft, or Trailer. A Mobile Home of Make: OKCK, Year: 1993, Model: 237, Length: 66., Width: 16., VIN/Serial No.: OC060935293, and additionally described: 1993 OKCK 237. E. Purchase Money Security Interest. Payments will be applied first to the non-purchase money portion of the loan, if any, then to the purchase money portion in the order in which the purchase money Property was acquired. F. Duties Toward Property. (1) Protection of Secured Party’s interest. I will defend the Property against any other claim. I agree to do whatever you require to protect your security interest and to keep your claim in the Property ahead of the claims of other creditors. I will not do anything to harm your position. (2) Use, Location, and Protection of the Property. I will use the Property only for personal, family, or household purposes. I will not use the Property in violation of any law. I will keep the Property in my possession at my address. I will notify you in writing and obtain your prior written consent to any change in location of any of the Property. I will immediately inform you of any loss or damage to the Property. I will not cause or permit waste to the Property. Until this Security Agreement is terminated, I will not grant a security interest in, or otherwise encumber, any of the Property without your prior written consent. I will pay all taxes and assessments levied or assessed against me or the Property and provide timely proof of payment of these taxes and assessments upon request. (3) Additional Duties Specific to Mobile Homes. It is the intent of the parties that the Mobile Home portion of the Property will be located on a temporary foundation. I agree that the Mobile Home will remain personal property and will not become part of the real estate where it is located. The address and location of the real estate on which the Mobile Home will be located is: 500 W Birch Street, Mannford, Oklahoma 74044. If the Mobile Home portion of the Property is titled, I am required to obtain your prior written consent to eliminate the title and declare the Mobile Home as real estate. You may withhold consent in your sole discretion. G. Authority To Perform. I authorize you to do anything you deem reasonably necessary to protect the Property and your security interest in the Property. If I fail to perform any of my duties under this Loan Agreement, you are authorized, without notice to me, to perform the duties or cause them to be performed. You are authorized, but are not limited, to: pay and discharge taxes, liens, security interests or other encumbrances at any time levied or placed on the Property; pay any rents or other charges under any lease affecting the Property; order and pay for the repair, maintenance and preservation of the Property; file any financing statements on my behalf and pay for filing and recording fees pertaining to the Property; place a note on any chattel paper indicating your interest in the Property; take any action you feel necessary to realize on the Property, including performing any part of a contract or endorsing it in my name; handle any suits or other proceedings involving the Property in my name. If you perform for me, you will use reasonable care. H. Name and Location. My name indicated in the DATE AND PARTIES section is my exact legal name. I am located at the address indicated in the DATE AND PARTIES section. I will provide verification of registration and location upon your request. I will provide you with at least 30 days notice prior to any change in my name, address, or state of organization or registration. I. Perfection of Security Interest. I authorize you to file a financing statement and/or security agreement, as appropriate, covering the Property. I will comply with, facilitate, and otherwise assist you in connection with obtaining perfection or control over the Property for purposes of perfecting your security interest under the Uniform Commercial Code. I agree to pay all actual costs of terminating your security interest., 9. 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 and Performance. I fail to make a payment when due or perform any condition or keep any promise or covenant of this or any agreement I have made with you. B. Insolvency or Bankruptcy. I become insolvent or declare bankruptcy. C. Death or Incompetency. I die or am declared legally incompetent. 10. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Loan Agreement to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law, as applicable. 11. 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. In addition, I, 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 Loan Agreement. You may renew or extend payments on this Loan Agreement, regardless of the number of such renewals or extensions. You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. You may release, substitute or impair any Property securing this Loan Agreement. You, or any institution participating in this Loan Agreement, may invoke your right of set-off. You may enter into any sales, repurchases or participations of this Loan Agreement to any person in any amounts and I waive notice of such sales, repurchases or participations. I agree that any of us signing this Loan Agreement as a Borrower is authorized to modify the terms of this Loan Agreement or any instrument securing, guarantying or relating to this Loan Agreement. Except to the extent prohibited by law, I waive all claims for loss or damage caused by your acts or omissions where you acted reasonably and in good faith. 12. 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 Loan Agreement immediately due. B. Sources. You may use any and all remedies you have under state or federal law or in any Loan Document. C. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on my default. D. Payments Made On My Behalf. Amounts advanced on my behalf will be immediately due and may be added to the balance owing under the terms of this Loan Agreement, and accrue interest at the highest post-maturity interest rate. E. Attachment. You may attach or garnish my wages or earnings. F. Set-Off. You may set off any amount due and payable under the terms of this Loan Agreement against my right to receive money from you, unless prohibited by applicable law. G. Repossession. You may require me to gather and make the Property available to you. You may repossess the Property so long as the repossession does not involve a breach of the peace. You may sell, lease or otherwise dispose of the Property as provided by law. You may apply what you receive from the disposition of the Property to your expenses, your attorneys' fees and legal expenses (where not prohibited by law), and any debt I owe you. If what you receive from the disposition of the Property does not satisfy the debt, I will be liable for the deficiency (where permitted by law). In some cases, you may keep the Property to satisfy the debt. Where a notice is required, I agree that ten days prior written notice sent by first class mail to my address listed in this Loan Agreement will be reasonable notice to me under the Tennessee Uniform Commercial Code. H. Use and Operation. You may enter upon my premises and take possession of all or any part of my property for the purpose of preserving the Property or its value, so long as you do not breach the peace. You may use and operate my property for the length of time you feel is necessary to protect your interest, all without payment or compensation to me. I. Waiver. 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. 13. 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 Loan Agreement or any other Loan Document. Expenses include, but are not limited to, reasonable attorneys' fees, court costs, and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of this Loan Agreement. 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. 14. COMMISSIONS. I understand and agree that you (or your affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other services that I buy through you or your affiliate. 15. WARRANTIES AND REPRESENTATIONS. I have the right and authority to enter into this Loan Agreement. The execution and delivery of this Loan Agreement will not violate any agreement governing me or to which I am a party. I will acquire ownership of the Property with the proceeds of the loan. 16. INSURANCE. I agree to obtain the insurance described in this Loan Agreement. A. Property Insurance. I agree to keep the Property insured against the risks reasonably associated with the Property. I will maintain this insurance in the amounts you require. This insurance will last until the Property is released from this Loan Agreement. I may choose the insurance company, subject to your approval, which will not be unreasonably withheld. I will have the insurance company name you as loss payee on any insurance policy. I will give you and the insurance company immediate notice of any loss. You may apply the insurance proceeds toward what is owed on the Secured Debts. You may require added security as a condition of permitting any insurance proceeds to be used to repair or replace the Property. If you acquire the Property in damaged condition, my right to any insurance policies and proceeds will pass to you to the extent of the Secured Debts. I will immediately notify you of cancellation or termination of insurance. If I fail to keep the Property insured, you may obtain insurance to protect your interest in the Property and I will pay for the insurance on your demand. You may demand that I pay for the insurance all at once, or you may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance may include lesser or greater coverages than originally required of me, may be written by a company other than one I would choose, and may be written at a higher rate than I could obtain if I purchased the insurance. I acknowledge and agree that you or one of your affiliates may receive commissions on the purchase of this insurance. B. Flood Insurance. Flood insurance is not required at this time. It may be required in the future should the property be included in an updated flood plain map. If required in the future, I may obtain flood insurance from anyone I want that is reasonably acceptable to you. CREDITOR-PLACED INSURANCE NOTICE. I am giving you a security interest in the Property described in this Loan Agreement. I am required to maintain insurance on the Property to protect your interest until all debts secured by this Loan Agreement are paid. If I fail to provide evidence of insurance on the Property to you, you may place insurance on the Property and I will be responsible to pay for the costs of that creditor-placed insurance. 17. ESCROW FOR TAXES AND INSURANCE. I will pay you amounts for (a) yearly taxes and assessments on the Property which under the law may be superior to this Note, Security Agreement and Truth In Lending Disclosures (if any), (b) yearly leasehold payments or ground rents (if any), (c) yearly premiums for hazard or property insurance (if any), (d) yearly premiums for flood insurance (if any), and (e) yearly premiums for mortgage insurance (if any). I will pay those amounts to you unless you tell me, in writing, that I do not have to do so, or unless the law requires otherwise. I will make those payments at the times you require. You will estimate from time to time my yearly taxes, assessments, leasehold payments or ground rents and insurance premiums, which will be called the Escrow Items. You will use existing assessments and bills and reasonable estimates of future assessments and bills. The amounts that I pay to you for Escrow Items under this section will be called the Funds. You will collect and hold Funds in an amount not to exceed the maximum amount allowed by law. You will keep the Funds in a savings or banking institution which has its deposits or accounts insured or guaranteed by a federal or state agency. If you are such an institution, you may hold the Funds. You will use the Funds to pay the Escrow Items. You will give me, without charge, an annual accounting of the Funds. That accounting must show all additions to and deductions from the Funds and the reason for each deduction. You may not charge me for holding or keeping the Funds, for using the Funds to pay Escrow Items, for analyzing my payments of Funds, or for receiving, verifying and totaling assessments and bills. However, you may charge me for these services if you pay me interest on the Funds and if the law permits you to make such a charge. You may require me to pay a one-time charge for an independent real estate tax reporting service used by you in accordance with the Secured Debts, unless applicable law provides otherwise. You will not be required to pay me any interest or earnings on the Funds unless either (i) you and I agree in writing, at the time I signed this Note, Security Agreement and Truth In Lending Disclosures, that you will pay interest on the Funds; or (ii) the law requires you to pay interest on the Funds. If the Funds held by you exceed the amounts permitted to be held by applicable law, you will account to me for the excess Funds in accordance with the requirements of applicable law. If the amount of the funds held by you at any time is not sufficient to pay the Escrow Items when due, you may notify me in writing, and in such case, I will pay you the amount necessary to make up the shortage or deficiency. I shall make up the shortage or deficiency as you direct, subject to the requirements of applicable law. If, by reason of any default under this Note, Security Agreement and Truth In Lending Disclosures, you declare all Secured Debts due and payable, you may then apply any Funds against the Secured Debts. When I have paid all of the sums secured, you will promptly refund to me any Funds that are being held by you. 18. GENERAL PROVISIONS. If two or more Borrowers sign this Loan Agreement, we are liable to repay jointly and severally. This Loan Agreement is the complete and final expression of the agreement and may not be amended or modified by oral agreement. If any provision of this Loan Agreement is unenforceable, then the unenforceable provision will be severed and the remaining provisions will 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. This Loan Agreement is governed by the laws of Tennessee, 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. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail. 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. 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. 19. 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 $26,355.02 Amount given to me directly $0.00 Amount paid on my account $0.00 Amount paid to Lender for: Property Taxes $44.68 Homeowner's Insurance Reserves $538.36 Prepaid finance charge paid to Lender Loan Origination $650.00 Total prepaid finance charge amount paid to Lender $650.00 Amount paid to others on my behalf*: Oklahoma Tax Commission $255.61 Creek County Treasurer $357.50 Triad Financial Services $1,615.00 Oklahoma Tax Commission $36.15 Equifax $6.57 FirstBank $350.00 FirstBank - Stonetown 7 - Rolling Oaks - PO 24200 $22,781.47 Less DP 1210 Less SC 208.53 Prepaid finance charge amount paid to others on my behalf ServiceLink $10.00 Lereta $90.00 Total prepaid finance charge amount paid to others $100.00 LESS: PREPAID FINANCE CHARGE $750.00 AMOUNT FINANCED $25,605.02 *Lender may retain or receive portions of these amounts. 20. SIGNATURES. By signing, I agree to the terms contained in this Loan Agreement. I also acknowledge receipt of a copy of this Loan Agreement. BORROWER: April O Briggs LENDER: FirstBank By Chris Wyrick, MH JR. CREDIT MANAGER Loan origination organization FirstBank Loan originator Chris Wyrick DISBURSEMENT AUTHORIZATION AND CASH PAYMENT SUMMARY DATE AND PARTIES. The date of this Disbursement Authorization and Cash Payment Summary is July 24, 2024. The parties and their addresses are: LENDER: FIRSTBANK 1221 Broadway Suite 1300 Nashville, TN 37203 Telephone: BORROWER: APRIL D BRIGGS 500 W Birch Street Mannford, OK 74044 Loan Number: 1. DEFINITIONS. As used in this Disbursement Authorization and Cash Payment Summary, the terms have the following meanings: A. Pronouns. The pronouns "I", "me" and "my" refer to all Borrowers signing this Disbursement Authorization and Cash Payment Summary, individually and together. "You" and "Your" refer to the Lender. B. 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 Disbursement Authorization and Cash Payment Summary. 2. DISBURSEMENT SUMMARY. The following summarizes the disbursements from the Loan. <table> <tr> <th>Loan</th> <th>$26,355.02</th> </tr> <tr> <td>Cash Paid In</td> <td>$380.32</td> </tr> <tr> <td>Amount Contributed by Borrower</td> <td>$0.00</td> </tr> <tr> <th>Total Cash Received</th> <th>$380.32</th> </tr> <tr> <td>Disbursed to Borrowers</td> <td>$0.00</td> </tr> <tr> <td>Disbursed to Lender</td> <td>$852.72</td> </tr> <tr> <td>Disbursed to Other Payees</td> <td>$25,502.30</td> </tr> <tr> <th>Total Amounts Disbursed</th> <th>$26,355.02</th> </tr> <tr> <td>Amount Remaining To Be Disbursed</td> <td>$0.00</td> </tr> <tr> <td>Undisbursed Fees/Charges</td> <td>$0.00</td> </tr> </table> 3. DISBURSEMENT AUTHORIZATION. I authorize you to disburse the following amounts from my Loan. DISBURSED TO: DATE: AMOUNT DISBURSED: Disbursements to Borrower: $0.00 Disbursements to Lender: $1,233.04 Fees & Charges: 07/24/2024 $1,233.04 Property Taxes $44.68 Homeowner's Insurance $538.36 Reserves Loan Origination $650.00 Disbursements to third parties: $25,602.30 Oklahoma Tax Commission: 07/24/2024 $255.61 Oklahoma Sales Tax (C) Creek County Treasurer: 07/24/2024 $357.50 OK Prorated County Tax (C) Triad Financial Services: 07/24/2024 $1,815.00 Homeowner's Insurance (SL) Oklahoma Tax Commission: 07/24/2024 $36.15 Non-RE Filing ServiceLink: 07/24/2024 $10.00 Flood Determination - Life of Loan (SL) Lerete: 07/24/2024 $90.00 Life of Loan Tax Status Research Fee Equifax: 07/24/2024 $6.57 Credit Report FirstBank: 07/24/2024 $350.00 Document Preparation FirstBank - Stonetown 7 - Rolling Oaks - PO 24200 Less DP 1210 Less SC 208.53, Check # $22,781.47 TOTAL DISBURSED: $26,735.34 4. CASH PAYMENT SUMMARY. The following loan charges are cash payments collected prior to or at settlement. DISBURSED TO: DATE: AMOUNT DISBURSED: Items marked with an asterisk (*) have been paid outside of closing in whole or in part Items marked with a (B) are paid by borrower, items marked with a (S) are paid by seller, items marked with a (T) are paid by lender, Items marked with a (T) are paid by third party TOTAL OF CASH PAYMENTS: -$380.32 ✓ Amount remaining to be disbursed, if any: $0.00 I acknowledge receipt of a copy of this Disbursement Authorization and Cash Payment Summary on July 24, 2024. BORROWER: April D Briggs INITIAL ESCROW ACCOUNT DISCLOSURE STATEMENT DATE AND PARTIES. The date of this Initial Escrow Account Disclosure Statement is July 24, 2024. The parties and their addresses are: BORROWER: APRIL D BRIGGS 500 W Birch Street Mannford, OK 74044 LENDER/SERVICER: FIRSTBANK 1221 Broadway Suite 1300 Nashville, TN 37203 Telephone: 800-413-4211 Date Escrow Account Established: July 24, 2024 THIS IS AN ESTIMATE OF ACTIVITY IN YOUR ESCROW ACCOUNT DURING THIS COMING YEAR BASED ON PAYMENTS ANTICIPATED TO BE MADE FROM YOUR ACCOUNT. <table> <tr> <th>Period</th> <th>Payments to Escrow Account</th> <th>Payments from Escrow Account</th> <th>Description</th> <th>Escrow Account Balance</th> </tr> <tr> <td>Initial Deposit:</td> <td></td> <td></td> <td></td> <td>202.72</td> </tr> <tr> <td>August 2024</td> <td>156.92</td> <td>0.00</td> <td></td> <td>359.64</td> </tr> <tr> <td>September 2024</td> <td>156.92</td> <td>0.00</td> <td></td> <td>516.56</td> </tr> <tr> <td>October 2024</td> <td>156.92</td> <td>0.00</td> <td></td> <td>673.48</td> </tr> <tr> <td>November 2024</td> <td>156.92</td> <td>0.00</td> <td></td> <td>830.40</td> </tr> <tr> <td>December 2024</td> <td>156.92</td> <td>0.00</td> <td></td> <td>987.32</td> </tr> <tr> <td>January 2025</td> <td>156.92</td> <td>0.00</td> <td></td> <td>1,144.24</td> </tr> <tr> <td>February 2025</td> <td>156.92</td> <td>0.00</td> <td></td> <td>1,301.16</td> </tr> <tr> <td>March 2025</td> <td>156.92</td> <td>0.00</td> <td></td> <td>1,458.08</td> </tr> <tr> <td>April 2025</td> <td>156.92</td> <td>0.00</td> <td></td> <td>1,615.00</td> </tr> <tr> <td>May 2025</td> <td>156.92</td> <td>0.00</td> <td></td> <td>1,771.92</td> </tr> <tr> <td>June 2025</td> <td>156.92</td> <td>1615.00</td> <td>1002. Homeowner's insurance - $1,815.00</td> <td>313.84</td> </tr> <tr> <td>July 2025</td> <td>156.92</td> <td>0.00</td> <td></td> <td>470.76</td> </tr> </table> (PLEASE KEEP THIS STATEMENT FOR COMPARISON WITH THE ACTUAL ACTIVITY IN YOUR ACCOUNT AT THE END OF THE ESCROW ACCOUNT COMPUTATION YEAR.) Cushion selected by servicer: $313.84 Your monthly mortgage payment for the coming year will be $365.33, of which $208.41 will be for principal and interest, $156.92 will go into your escrow account, and $0.00 will be for discretionary items (such as life insurance, disability insurance) that you chose to be included with your payment. VOLUNTARY ESCROW ACCOUNT PAYMENTS. The bills paid out of your escrow account are expected to increase substantially after the first year. The first payment of Oklahoma Property Taxes will not be billed until 10/1/2025. However, by signing the Escrow Agreement you agree to make payments according to those set forth in your payment summary in the Promissory Note. Beginning with your first monthly escrow your payment will include the portion for this tax payment. Lender will collect and hold the Escrow payments and pay the taxes as they come due and payable. Under normal escrow practices, your monthly escrow payment in the second year could be much higher than in the first. You may voluntarily choose to make higher payments during the first year to reduce or eliminate the monthly payment increase in the second year. If you are interested in doing this, contact: Your account officer, or simply sign below acknowledging and agreeing that your first monthly escrow payment will include the portion for this tax payment. SIGNATURES. You acknowledge receipt of a copy of this Initial Escrow Account Disclosure Statement on July 24, 2024. BORROWER: April D Briggs PRIMARY RESIDENCE AFFIDAVIT I / We hereby certify that we have purchased a manufactured home from the retailer listed below and this home will be used as our primary residence, unless otherwise disclosed on our credit application. I / We also agree to keep the home in good condition and repair, notify FirstBank ("Bank") immediately in the event the home becomes damaged, or otherwise unusable. I / We will not move the manufactured home without Lender's prior written consent. Community: Stonetown 7 - Rolling Oaks Effective Date: 7/31-24 April D Briggs Buyer Signature Name Buyer Signature Name