IN THE DISTRICT COURT OF BECKHAM COUNTY
STATE OF OKLAHOMA
TINKER FEDERAL CREDIT UNION )
)
)
Plaintiff,
)
vs. ) Case No. CJ-26-45
)
JUSTIN R. WALLACE-ROGERS,
)
)
Defendant.
PETITION
Plaintiff, Tinker Federal Credit Union ("Plaintiff"), for its cause of action against the Defendant, Justin R. Wallace-Rogers ("Defendant"), alleges and states as follows:
1. On or about September 21, 2023, Defendant executed a Promissory Note (hereinafter referred to as the "Contract"), and became obligated to pay Plaintiff the principal amount of $18,235.00, plus interest at 14.4900% per annum, according to the terms of the Contract. A copy of the Contract is attached hereto as Exhibit "A".
2. As part of the Contract and to secure the performance of Defendant, Defendant executed a Security Agreement and granted Plaintiff a security interest in a 2021 HYUNDAI SONATA (hereinafter referred as the "Collateral"). Plaintiff properly perfected its security interest in accordance with Oklahoma law.
3. Defendant failed to pay pursuant to the terms of the Contract, despite demand by Plaintiff, and is therefore in default under the Contract and Security Agreement.
4. On December 24, 2025, Plaintiff repossessed the Collateral. Plaintiff is entitled to a repossession title to the Collateral from the Oklahoma Tax Commission.
5. On February 23, 2026, the Collateral was sold for $7,750.00. Plaintiff complied with all notice requirements set forth by law. The sale was held in a commercially reasonable manner.
6. After deducting the net proceeds from the sale of the Collateral, the balance due on the Contract as of April 7, 2026 was $10,491.75.
7. Plaintiff is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and Security Agreement and under 12 O.S. §936.
8. Pursuant to the Servicemember’s Civil Relief Act of 2003, Plaintiff has reviewed the Department of Defense website and determined Defendant is not in the military. See the Affidavit attached hereto as Exhibit “B”.
9. Pursuant to 40 O.S. §4-508(D), Plaintiff requests an Order that at any time or times subsequent to the filing of this order, the Oklahoma Employment Security Commission shall produce, within thirty (30) days of receipt of this order, employment information of the Defendant.
WHEREFORE, Tinker Federal Credit Union, prays that this Court enter money judgment for Plaintiff and against Defendant, Justin R. Wallace-Rogers, in the amount of $10,491.75, plus interest since April 7, 2026, at a rate of 14.4900% per annum until paid and all contractual charges as set forth in the Contract and Plaintiff's court costs and a reasonable attorney's fee and all other relief this Court deems just.
Respectfully submitted,
Jeffery S. Ludlam, OBA #17822
HALL & LUDLAM, PLLC
210 Park Ave, Suite 3001
Oklahoma City, OK 73102
(405) 600-9500 Telephone
(405) 871-5403 Facsimile
[email protected]
RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION)
Buyer Name and Address (Including County and Zip Code)
JUSTIN WALLACE
220 RIDGECREST DR APT 52
ELK CITY, OK 73644
BECKHAM
Cell: (580)878-0473
Email: N/A
Co-Buyer Name and Address (Including County and Zip Code)
N/A
Cell: N/A
Email: N/A
Seller-Creditor (Name and Address)
WINDY NISSAN
114 Access Rd
Elk City, OK 73644
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.
New/Used | Year | Make and Model | Odometer | Vehicle Identification Number | Primary Use For Which Purchased
USED | 2021 | HYUNDAI SONATA | 63,865 | 5NPEG4JA7MH071849 | Personal, family, or household unless otherwise indicated below
business
agricultural N/A
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 $4,000.00</th>
</tr>
<tr>
<td>14.49 %</td>
<td>$ 9,329.48</td>
<td>$ 18,235.00</td>
<td>$ 27,664.48</td>
<td>$ 31,564.48</td>
</tr>
</table>
Your Payment Schedule Will Be: (e) means an estimate
<table>
<tr>
<th>Number of Payments</th>
<th>Amount of Payments</th>
<th>When Payments Are Due</th>
</tr>
<tr>
<td>72</td>
<td>$ 382.84</td>
<td>MONTHLY beginning 10/30/2023</td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
</tr>
</table>
Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of $31.00 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.
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.
WARRANTIES SELLER DISCLAIMS
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.
VENDOR'S SINGLE INTEREST INSURANCE (VSI insurance): If the preceding box is checked, the Creditor requires VSI insurance for the initial term of the contract to protect the Creditor for loss or damage to the vehicle (collision, fire, theft, concealment, skip). VSI insurance is for the Creditor's sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VSI insurance is obtained. If you elect to purchase VSI insurance through the Creditor, the cost of this Insurance is $______N/A______ and is also shown in Item 4B of the Itemization of Amount Financed. The coverage is for the initial term of the contract.
Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement to arbitrate.
Buyer Signs X JUST WALLACE
Co-Buyer Signs X N/A
EXHIBIT A
DocuSign Envelope ID: E4AE4C6E-D332-42F1-80E0-6AAFF3673DAA
ITEMIZATION OF AMOUNT FINANCED
1 Cash Price (including $ N/A sales/excise tax) $ 21,777.00 (1)
2 Total Downpayment =
Trade-In N/A
Year (Year) Make Model
Gross Trade-In Allowance S N/A
Less Pay Off Made By Seller to N/A S N/A
Equals Net Trade In S N/A
+Cash S $ 4,000.00
+Other N/A S N/A
+Other N/A S N/A
+Other N/A S N/A
(If total downpayment is negative, enter “0” and see 4I below)
$ 4,000.00 (2)
3 Unpaid Balance of Cash Price (1 minus 2) $ 17,777.00 .(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 S N/A
Disability S N/A
B Vendor’s Single Interest Insurance Paid to Insurance Company S N/A
C Other Optional Insurance Paid to Insurance Company or Companies S N/A
D Optional Gap Contract S N/A
E Official Fees Paid to Government Agencies
to N/A for N/A S N/A
to N/A for N/A S N/A
to N/A for N/A S N/A
F Government Taxes Not Included in Cash Price S N/A
G Government License and/or Registration Fees
LICENSE AND/OR REGISTRATION FEES S 10.00
H Government Certificate of Title Fees S N/A
I Other Charges (Seller must identify who is paid and describe purpose.)
to N/A for Prior Credit or Lease Balance S N/A
to WINDY NISSAN for DOCUMENT FEE S 149.00
to N/A for N/A S N/A
to N/A for N/A S N/A
to N/A for N/A S N/A
to N/A for THEFT S 299.00
to N/A for N/A S N/A
to N/A for N/A S N/A
to N/A for N/A S N/A
to N/A for N/A S N/A
Total Other Charges and Amounts Paid to Others on Your Behalf $ 458.00 (4)
5 Amount Financed (3 + 4) $ 18,235.00 (5)
OPTION: □ You pay no finance charge if the Amount Financed, item 5, is paid in full on or before
N/A Year N/A SELLER’S INITIALS N/A
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. N/A
I want to buy a gap contract, __________________________ Name of Gap Contract
Buyer Signs X __________________________ N/A
Returned Check Charge: You agree to pay a charge of $ 25.00 if any check you give us is dishonored.
Insurance. You may buy the physical damage insurance this contract requires from anyone you choose who is acceptable to us. You may also provide the physical damage insurance through an existing policy owned or controlled by you that is acceptable to us. 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
Home Office Address ___________ N/A
Credit life insurance and credit disability insurance are not required to obtain credit. Your decision to buy or not buy credit life insurance and credit disability insurance will not be a factor in the credit approval process. They will not 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 Itemization of 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
□ N/A N/A
Type of Insurance Term
Premium $ ___________ N/A
Insurance Company Name N/A
Home Office Address N/A
X N/A N/A
Type of Insurance Term
Premium $ ___________ N/A
Insurance Company Name N/A
Home Office Address 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.
LAW 553-OK-ARB-eps 8/23 v1 Page 2 of 5
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.
e. Your right to refinance a balloon payment. A balloon payment is a scheduled payment that is more than twice as large as the average of your earlier scheduled payments. If you are buying the vehicle primarily for personal, family or household use, you have the right to refinance the balloon payment when due without penalty. The terms of the refinancing will be no less favorable to you than the terms of this contract. This provision does not apply if we adjusted your payment schedule to your seasonal or irregular income.
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 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 the 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 get 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 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 who is not our salaried employee to collect what you owe, you will pay the attorney's fee and court costs the law permits. The maximum attorney's fee you will pay will be 15% of the amount you owe, unless a court awards an additional amount.
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 if 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.
We will sell the vehicle if you do not redeem it, 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, if 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 unless the law provides otherwise. 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. SERVICING AND COLLECTION CONTACTS
In consideration of our extension of credit to you, you agree to provide us your contact information for our servicing and collection purposes. You agree that we may use this information to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and automatic telephone dialling 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. You agree to allow our agents and service providers to contact you as agreed above.
You agree that you will, within a reasonable time, notify us of any change in your contact information.
5. APPLICABLE LAW
Federal law and the law of the state of Oklahoma apply to this contract.
6. NEGATIVE CREDIT REPORT NOTICE
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
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.
PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS
1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN YOU AND US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, any allegation of waiver of rights under this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this Vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator only on an individual basis and not as a plaintiff in a collective or representative action, or a class representative or member of a class on any class claim. The arbitrator may not preside over a consolidated, representative, class, collective, injunctive, or private attorney general action. You expressly waive any right you may have to arbitrate a consolidated, representative, class, collective, injunctive, or private attorney general action. You or we may choose the American Arbitration Association (www.adr.org) or National Arbitration and Mediation (www.namadr.com) as the arbitration organization to conduct the arbitration. If you and we agree, you or we may choose a different arbitration organization. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you reside unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this transaction was originated. We will pay the filing, administration, service, or case management fee and the arbitrator or hearing fee up to a maximum of $5,000, unless the law or the rules of the chosen arbitration organization require us to pay more. You and we will pay the filing, administration, service, or case management fee and the arbitrator or hearing fee over $5,000 in accordance with the rules and procedures of the chosen arbitration organization. The amount we may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.
You and we retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate any related or unrelated claims by filing any action in small claims court, or by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual or statutory public injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator's award. This Arbitration Provision shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Provision, other than waivers of class rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. You agree that you expressly waive any right you may have for a claim or dispute to be resolved on a class basis in court or in arbitration. If a court or arbitrator finds that this class arbitration waiver is unenforceable for any reason with respect to a claim or dispute in which class allegations have been made, the rest of this Arbitration Provision shall also be unenforceable.
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 Justin Wallace 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.
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 acknowledge that you have read all pages of this contract, including the arbitration provision above, before signing below. You confirm that you received a completely filled-in copy when you signed it.
Buyer Signs X Justin Wallace Date 09/15/2023 Co-Buyer Signs X N/A Date N/A
Buyer Printed Name JUSTIN WALLACE 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 WINDY NISSAN Date 09/15/2023 By X Title F&I MNGR
Seller assigns its interest in this contract to TINKER FEDERAL CREDIT UNION (Assignee) under the terms of Seller’s agreement(s) with Assignee.
☐ Assigned with recourse ☒ Assigned without recourse ☐ Assigned with limited recourse
Seller WINDY NISSAN
By X Title FINANCE MANAGER
DocuSign Envelope ID: E4AE4C6E-D332-42F1-80E0-6AAFF3673DAA
THAN SELLER ARE THEIRS, NOT SELLER'S. ONLY SUCH MANUFACTURER OR OTHER SUPPLIER SHALL BE LIABLE FOR PERFORMANCE UNDER SUCH WARRANTIES, UNLESS SELLER FURNISHES BUYER WITH A SEPARATE WRITTEN WARRANTY OR SERVICE CONTRACT MADE BY SELLER ON ITS OWN BEHALF. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF ANY PRODUCTS.
UNLESS SELLER MAKES A WRITTEN WARRANTY ON ITS OWN BEHALF, OR ENTERS INTO A SERVICE CONTRACT WITHIN 90 DAYS FROM THE DATE OF THIS AGREEMENT, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ON THE VEHICLE, AND THERE WILL BE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS PROVISION DOES NOT AFFECT ANY WARRANTIES COVERING THE VEHICLE THAT THE MANUFACTURER OR SUPPLIER MAY PROVIDE.
I certify that I took delivery of this vehicle on 09/15/2023
Buyer's initials: J.W.
TERMS OF PAYMENT OF BALANCE DUE:
[x] RETAIL INSTALLMENT CONTRACT
[ ] OTHER
Buyer will receive the following type of certificate of title for the Vehicle:
TYPE OF TITLE
[ ] Original
[ ] Insurance Loss
[ ] Theft or Flood Damage
[ ] Rebuilt, Salvage or Junk Title
[ ] Other ________________________________
By signing below, Buyer/Co-Buyer understands and accepts that he/she will receive the type of title disclosed above. Buyer/Co-Buyer understands and agrees the vehicle must be registered, the title transferred, and the taxes due paid within 30 days of the date of transfer on the title.
BUYER SIGNS X [Signature]
CO-BUYER SIGNS X ________________
THIS ORDER IS YOUR OFFER TO BUY THE VEHICLE. WHEN WE ACCEPT THE ORDER AND YOU HAVE RECEIVED ANY REQUIRED FEDERAL TRUTH IN LENDING DISCLOSURES, IT BECOMES A COMPLETE CONTRACT OF SALE AND WE HAVE NO OBLIGATIONS OR RESPONSIBILITIES NOT EXPRESSLY SET FORTH IN THE ORDER OR IN OTHER SALE DOCUMENTS. BEFORE SIGNING THIS ORDER READ IT CAREFULLY.
For your protection, request a receipt for all payments you make.
This Agreement is not binding upon either Seller or Buyer until signed by an authorized Seller representative.
If Buyer is buying this Vehicle in a credit sale transaction evidenced by a retail installment sale contract, this Agreement is binding when the retail installment contract is signed, but will not remain binding if a third party finance source does not agree to purchase the retail installment contract executed by Buyer and Seller based on this Agreement on the terms as submitted. See paragraph 10 on page 3 of this Agreement, which shall survive the termination of this Agreement for any reason.
Buyer agrees that this Agreement includes all of the terms and conditions on all pages of this Agreement hereof, that this Agreement cancels and supersedes any prior agreement including oral agreements, and as of the date below comprises, together with any retail installment sale contract the complete and exclusive statement of the terms of the agreement relating to the subject matters covered by this Agreement.
Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on page 4 of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement to arbitrate.
Buyer Signs X [Signature] Co-Buyer Signs X ________________
Buyer/Co-Buyer by signing this Agreement, acknowledges that Buyer/Co-Buyer has read and agrees to its terms and has received a true copy of this Agreement.
BUYER SIGNS X ________ J.W [Signature] ________
DATE 09/15/2023
CO-BUYER SIGNS X ________________
DATE _______________________
MANAGER'S APPROVAL
(Must Be Accepted By An Authorized Representative of the Seller)
X ____________________________
DATE 09/15/2023
1. These definitions apply to this Agreement:
"Buyer" means the party or parties executing this Agreement as such.
"Manufacturer" means the manufacturer of the Vehicle.
"Seller" means the authorized Seller named on page 1 of this Agreement.
"Trade-In" is the used vehicle that Buyer intends to use as part of the consideration for the purchase price of the Vehicle or otherwise is to be transferred to Seller.
"Vehicle" is the vehicle or chassis that is the subject of this Agreement.
Seller is not the Manufacturer's agent. Buyer and Seller are the sole parties to this Agreement. References in this Agreement to Manufacturer are for the purpose of describing certain contractual relationships between the Manufacturer and Seller relating to new vehicles.
2. The Manufacturer may change the design of any vehicle, chassis, accessories, or parts at any time without notice. The Manufacturer may also make the same or any similar change upon any vehicle, chassis, accessories, or parts already bought by or shipped to Seller or being manufactured or sold in accordance with Seller orders. If the Manufacturer makes such a change, Seller has no obligation to Buyer to notify Buyer or make the same or any similar change in the Vehicle or its parts either before or after Seller delivers the Vehicle to Buyer. The Manufacturer may change the price of new vehicles without notice. If the Manufacturer changes the price of the new vehicle of the series and body type of the Vehicle before Seller delivers it to Buyer, Seller may change the price of the Vehicle to Buyer accordingly. If Seller changes the price of the Vehicle, Buyer may cancel this Agreement and Seller shall return the Trade-In to Buyer if the Trade-In remains available. Buyer agrees to pay Seller reasonable storage and repair charges. If the Trade-In is unavailable, Seller shall pay Buyer the Trade-In allowance less a sales commission of 15% and any expense in storing, insuring, conditioning or advertising the Trade-In for sale unless prohibited by applicable law.
3. The Trade-In shall be appraised or re-appraised at the time it is delivered to Seller. The appraised value will be the allowance for the Trade-In. If the reappraised value is lower than the amount shown in this Agreement, Buyer may cancel this Agreement. Buyer must exercise Buyer's right to cancel upon a change in the appraised value before Seller delivers the Vehicle to Buyer and Buyer surrenders the Trade-In to Seller.
4. Buyer shall give Seller satisfactory evidence of title to any Trade-In upon delivery to Seller. Buyer warrants any Trade-In to be Buyer's property, free and clear of all liens and encumbrances unless otherwise noted in this Agreement, and that the Trade-In has never had a salvage or "branded" title, been reconstructed, rebuilt, flooded or had major mechanical damage that caused the reconstruction of the Trade-In. Buyer represents that the Trade-In's mileage shown in this Agreement is the actual mileage on the Trade-In. Buyer authorizes Seller to rely on this representation in entering into this Agreement. If Buyer provides false information related to the Trade-In Buyer agrees to repurchase the Trade-In for the full allowance given to Buyer plus all costs incurred by Seller in resolving the matter including but not limited to reconditioning costs, legal fees, court and collection costs. Buyer authorizes Seller to sell the Trade-In without regard to whether the financing contingencies are satisfied as described below.
5. Except as permitted under Sections 2 or 3 above, if Buyer fails or refuses to accept delivery of the Vehicle or comply with this Agreement, without limiting any other rights Seller may have, Seller may keep as liquidated damages any deposit made by Buyer, to the extent not prohibited by applicable law. Seller may also reimburse itself for any expenses and losses it incurs or suffers as a result of Buyer's failure or refusal to comply with this Agreement, including, without limitation, reasonable attorney's fees. Seller isn't liable for failure to deliver or delay in delivering the Vehicle where such failure or delay is due, in whole or in part, to any cause beyond Seller's control or without Seller's fault or negligence.
6. The Vehicle price doesn't include sales taxes, use taxes or occupational taxes (federal, state or local) unless expressly so stated. Buyer agrees to pay, unless prohibited by applicable law, any such taxes imposed on or that apply to the transaction reflected by this Agreement, regardless of who has primary liability for the tax.
7. If this Agreement shows a charge for credit insurance, this paragraph applies. The credit insurance provisions in any retail installment contract Buyer may sign related to this Agreement will apply. If such credit insurance is wholly or partially unavailable under the designated policy, Seller will deduct the applicable part of the credit insurance charge shown in this Agreement and the related finance charge from the total time balance. If such credit insurance does not become effective, Seller will notify Buyer. This Agreement and any related retail installment contract Buyer may sign shall otherwise remain fully effective, to the extent provided by applicable law.
8. Buyer agrees to sign such agreements or documents as Seller may reasonably require to effect the terms and conditions of payment shown in this Agreement and to otherwise carry out the intent of this Agreement.
9. This Agreement is an agreement to buy the Vehicle. If there is a Balance Due, Buyer's obligation to buy and Seller's obligation to sell the Vehicle are expressly conditioned upon Buyer paying the Balance Due in cash or other immediately available funds or obtaining financing for the Balance Due. Buyer has two business days from the date of this Agreement to pay the Balance Due in full or obtain such financing. If Buyer pays Seller with a check that is dishonored or unpaid for any reason, Seller may, in its sole discretion, declare this Agreement null and void and retake the Vehicle and/or make claims against Buyer on the check. In addition, Buyer will pay Seller a $25 returned check charge to the extent permitted by applicable law.
10. This paragraph applies if Buyer is buying the Vehicle from Seller under the terms of a retail installment contract. Seller agrees that Buyer has the right to terminate the retail installment contract if the contract is not funded within 20 days, or within 10 days after all the required documentation has been completed by the Buyer, whichever is later. Buyer will return Vehicle within 24 hours of any verbal or written notice that the finance transaction cannot get completed. If Buyer fails to return Vehicle, Seller will have the right to repossess the Vehicle at Buyer's expense. If the Vehicle is returned to Seller, Buyer will pay .35 cents per mile for miles driven in excess of 50 miles per day during the terms of the Motor Vehicle Delivery Agreement ("Delivery Agreement"), which terms are incorporated in this Agreement. Buyer will be responsible for payments on any trade-in vehicle(s) prior to completion of the Delivery Agreement, unless provided for otherwise by written agreement.
11. Buyer may arrange financing through Seller or a finance source of Buyer's choosing. Buyer may be able to obtain more favorable financing from a third party. Buyer understands the annual percentage rate (APR) quoted by Seller may be negotiable. If this Agreement shows that any part of the transaction is to be financed, Seller may assist in submitting credit applications to third parties, for which Buyer grants permission. Seller will not lend Buyer money or finance this transaction regardless of any notation to the contrary on any document. No agent, employee or manager of Seller may change this policy.
12. In the event that any of the terms and conditions of this Agreement other than those of paragraph 10, above, are inconsistent with the terms and conditions of any retail installment contract between Buyer and Seller, the terms of such retail installment contract shall apply. Each provision of this Agreement shall be severable from every other provision of this Agreement for the purpose of determining the legal enforceability of any provision hereof.
13. 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.
14. IT IS BUYER'S RESPONSIBILITY TO OBTAIN INSURANCE ON THE VEHICLE. Seller may request insurance information from Buyer in order to register the Vehicle with the Division of Motor Vehicles (DMV) or for verifying insurance coverage. Seller's request for insurance information does not constitute an agreement to transfer or obtain insurance coverage on the Vehicle. By signing this agreement, except as otherwise provided in paragraph 10 above, Buyer covenants and agrees that Buyer has obtained, or will obtain, before the Vehicle is driven by anyone, insurance on the Vehicle.
15. EACH PARTY HERETO HEREBY IRREVOCABLY, AND UNCONDITIONALLY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND ANY OTHER DOCUMENT RELATED HERETO.
16. 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 applicable 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.
ARBITRATION PROVISION
PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS
1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 (www.adr.org), or any other organization to conduct the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you reside unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was executed. We will pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $5000, unless the law or the rules of the chosen arbitration organization require us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.
You and we retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator's award. This Arbitration Provision shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable.
ADDENDUM TO RETAIL INSTALLMENT SALE CONTRACT
(All Forms Addendum for Tinker Federal Credit Union)
This Addendum to Retail Installment Sale Contract (and Security Agreement), ("Addendum") modifies the Retail Installment Sale Contract (and Security Agreement), as the form contracts may be updated or revised from time to time, (the "Contract") entered into by and between the identified and undersigned buyer(s), (hereinafter "Buyer," "you" or "your") and the identified and undersigned seller (or the secured party), (hereinafter "Seller," "we," "us" or "our"). The "Creditor" is Tinker Federal Credit Union. This Addendum applies to, is incorporated by reference, and made a part of the Contract forms and is binding upon the Buyer, Seller, and Creditor to the terms of the Contract and this Addendum.
MILITARY LENDING ACT DISCLOSURE
Federal law provides important protections to active duty service members of the U.S. armed forces ("Armed Forces") and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to an active member of the Armed Forces and his or her dependent may not exceed a military annual percentage rate ("MAPR") of thirty-six percent (36%). This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and, any participation fee charged (other than certain participation fees for a credit card account). Some exclusions may apply and this disclosure applies in addition to all other disclosures in the Contract and this Addendum.
Upon your acceptance of this offer, we will determine your covered borrower status under the Military Lending Act (10 U.S.C. § 987) ("MLA"). If you are identified as a covered borrower under the MLA at the time of acceptance, the MLA protections will apply to your loan. If you are not identified as a covered borrower under the MLA at the time of acceptance of this offer, even though you may become a covered borrower under the MLA at any time during the term of this loan, the protections will not apply. The MLA applies only to identified and eligible active Armed Forces personnel (and their family members or dependents, as eligible) at the time of the loan application. Covered borrowers are entitled to certain rights and limitations, including the right to not have to submit to binding arbitration in the event of a dispute with the Contract. Once your loan has been established, you may call us at (405) 319-7200 or toll free at 844-756-3767 to obtain more specific information about your loan payment obligation or calculation.
If you have any questions regarding the MLA, please call Tinker Federal Credit Union ("TFCU") at (405) 319-7200 or toll free at 844-756-3767 and press 1 to speak to a TFCU Member Service Representative.
The parties agree that the Contract is amended as follows:
1. Under the applicable provisions section entitled "Other Important Agreements," "Additional Terms of the Sales Agreement," "Additional Provisions," or any other words in which additional terms and conditions of the Contract follow, the following language is inserted as part of the additional terms and conditions at the end of the respective sections:
How we will apply payments: Payments received from you for your obligation to repay your loan debt under the terms of the Contract will be received, processed, and applied first to accrued unpaid late fees and finance charges, then to accrued interest, and then to the principal loan balance. (TFCU reserves the right to change the order of which payments may apply in accordance with applicable law). The balance of prepayments may be applied, at the option of Lender, (i) to the final installments of the principal, beginning with the final installment, which may shorten the maturity of the loan or reduce the final payment or payments, (unless there is a missed payment) or (ii) to the prepayment of the next forthcoming installments of principal and interest, in order, which will not shorten the maturity of the loan or reduce any remaining payments. If you do not make payments exactly as scheduled, your final payment may be more or less than the amount of the final payment that is disclosed If you do not pay the full amount due, then a late fee may be assessed (in accordance with the terms of the Contract). If the payment remitted is not sufficient to cover the full monthly payment due, your due date will not advance until the difference is paid and your loan will be considered past due. The Creditor may, at their discretion, elect to advance the due date if your loan is past due for a minimal amount. Late fees are collected from your regular monthly payment amount and may extend the maturity date of your loan repayment obligation. It is encouraged that you pay your full regular loan payment amount within the time required; failure to make a full loan payment in a timely manner may result in late fees being assessed to your loan amount. To avoid a loan maturity date extension, you need to pay the full loan amount due monthly, including any late fee amounts that may be due with your payment. Any amounts received in excess of the amount due will be applied to the loan principal to reduce your principal amount. You are allowed to prepay your loan balance and make monthly payments early without penalty; however, the "due date" for your next payment will not advance more than three (3) months. You are expected to make and continue to make and/or schedule a payment each month to meet the requirements of your loan agreement with us and to avoid default until your loan is paid in full.
Security Interest: You agree to join with us in executing one or more financing statements, as may be required or requested, from time to time, in order to perfect, or continue perfection of, the security interest you granted under this Contract. A carbon, photographic, or other reproductions of this Contract or of any financing statement shall be sufficient to serve as a financing statement. You will not permit (i) any liens, security interests, or other encumbrances, except for our security interest, to attach to the vehicle; (ii) will not permit the vehicle to be levied on, garnished, or attached under any legal process; or (iii) permit any other thing to be done or attachment be made upon the vehicle that may impair the value of the vehicle or the security interest granted by the Contract. The security interest shall have first priority and secures all future advances by us to you, all other liabilities to us (primary, secondary, direct or indirect, absolute or contingent, sole, joint, or several) due or to become due or which may be hereafter contracted by or acquired of you. Any persons having, taking, or receiving an ownership interest in the vehicle shall be subject to our security interest and such persons shall not have any rights to transfer or assign any interest in the vehicle without being bound by the terms of the Contract and this Addendum.
Insurance you must have on the vehicle: The required deductible on the vehicle insurance you are required to obtain and maintain under the terms of the Contract shall not exceed one thousand dollars ($1,000.00).
Affixing to Real or Personal Property Prohibited. You will not allow or permit the vehicle to become an accession or affixed to other personal property or to become attached or affixed to real property without first obtaining our prior written consent. Our consent may be conditional on any requirements, (including but not limited to, the subrogation of other interest owners in and to such other personal or real property to our rights and interest), which requirements we deem to be for protection of our security interest; and it is understood and agreed that such consent will not be deemed to be effective until such conditions and requirements have been fulfilled. We reserve the right to deny consent for any reason.
Events of Default. In addition to the other provisions, defaults, and remedies outlined in the Contract, you will be considered in default under this Contract on the happening of any one or more of the following events or conditions: (a) any payment required under this Contract or under any other note or obligation of your to us is not made when due or in accordance with terms of the applicable Contract or this Addendum; (b) the making of any levy against or seizure, garnishment or attachment of the vehicle, the consensual encumbrance thereof by you, or the sale, lease or other disposition of the vehicle by you without our prior written consent; (c) loss, theft, substantial damage or destruction of the vehicle; (d) any time we in our sole discretion believe the prospect of payment or performance of any liability, covenant, warranty or obligation secured hereby is impaired; (e) you miss required monthly payments (without an exception, exemption, or waiver applying by law or granted by us); and/or (f) your death, incapacitation, insolvency, the appointment of a receiver over any part of your property or of any part of the vehicle, an assignment for the benefit of creditors, or the commencement of any proceedings under any bankruptcy or insolvency law by or against you or any guarantor or surety for you. Any unauthorized transfer or assignment of title to the vehicle shall be considered an event of default, at which time when may declare the full amount of the loan due and owing in accordance with our rights under applicable federal and state laws, rules, regulations, and statutes.
Miscellaneous. No act, delay or omission, including our waiver of a remedy because of any default or any other provision of the Contract, will constitute a waiver (or continuing waiver for any future event), of any of our rights and remedies under this Contract or any other agreement between the parties or available at law or in equity. The Contract will inure to the benefit of our successors and assigns and will be binding on your heirs, executors, administrators, successors, transferees, and assigns. We at any time may pledge, transfer or assign our rights under the Contract in whole or in part, and any transferee or assignee will have all the rights as to the rights or parts thereof so pledged, transferred, or assigned. Your rights under the Contract may not be assigned or transferred for any reason. If more than one Buyer executes the Contract, their responsibility will be joint and several and the reference to Buyer in the Contract will be deemed to refer to each and every Buyer. If any provisions of the Contract is for any reason held to be invalid, non-binding, or unenforceable, for any reason, such invalidity or unenforceability will not affect any other provisions of the Contract, as amended, and the Contract will be construed as if such invalid or unenforceable provisions had never been contained in the Contract.
Arbitration. In the event the Contract contains an arbitration or dispute resolution provision, then such provision shall not be applicable to Tinker Federal Credit Union (as Creditor), with respect to any collection actions or efforts against the Buyer(s) and further such arbitration provision shall not be enforceable against any active full-time member of the Armed Forces, (who is determined to be a covered borrower under the Military Lending Act). Except as provided in the forgoing sentence and under applicable laws, rules, statutes, and regulations, any and all claims made by any Buyer(s) shall be submitted to and subject to binding arbitration in accordance with the terms of the Contract, regardless of how and when any such claim was made.
Gap Protection. You understand that the purchase of the Gap Protection is voluntary and is not required by Creditor to obtain credit. You further understand that this Addendum is not an offer of insurance coverage and does not waive your obligation to secure and maintain insurance. You acknowledge and understand that, if an insurance related Gap Protection Policy ("Policy") is purchased by you with the Seller or through the Creditor, the Policy may contain certain stipulations, limitations, and/or restrictions, including an offer to skip a payment throughout the term of the Contract and loan payment cycle, that may nullify, reduce coverage, or make void the Gap Protection Policy. You agree that the Creditor assumes no liability or has any responsibility to notify you of such stipulations, limitations, or restrictions. You acknowledge and understand that it is your sole responsibility to read, understand, and be aware of the provisions of such Policy and any such clause or condition in the
Policy, which may nullify or make void the Gap Protection Policy. You understand and agree that by purchasing a Gap Protection Policy, the Creditor retains its contractual rights and nothing in the Policy diminishes Creditor’s secured rights, in the event of a total loss, to hold you liable for any and all remaining unpaid deficiency amounts. In the event of a total loss, it is your obligation to pursue a claim on your Policy. You further understand and agree that a Gap Protection Policy does not change your obligation to keep your payments timely paid and current with Creditor. If your Policy fails to pay any or all amounts owed by you to the Creditor, then Creditor retains its contractual rights to hold you liable for the remaining unpaid balance. You understand and agree that a Gap Protection Policy is not a substitute for any personal liability, collision damage, property damage, or other insurance policy coverage you are required to maintain. You understand and agree that the Creditor may retain, without liability to you, all of or any of the one-time fee(s), or Creditor may pay any portion of coverage to a third party as a service fee, or for indemnification purposes or requirements, without any liability to you. Except to the extent limited by applicable laws, rules, regulations, or statutes, you are and remain responsible for all insurance coverage (including Gap Protection Policy coverage), payments (including fees, charges, and expenses in administering the loan by Creditor), and any other fees, damages, penalties, taxes, or assessments incurred by Creditor or assessed to you in accordance with the Contract and your loan with Creditor.
2. Except as set forth in this Addendum, all other terms and provisions of the applicable Contract remains in full force and effect. If there is conflict between any of the terms of this Addendum and the Contract or any earlier amendment, the terms of this Addendum shall govern and prevail over any prior or conflicting terms or conditions.
TINKER FEDERAL CREDIT UNION
ACKNOWLEDGMENT AND INSTRUCTIONS OF THE CONSUMER FOR THE USE OF CONSUMER CREDIT REPORTS
Tinker Federal Credit Union ("TFCU" or "Creditor") offers many financial products and services to its members. Some of those products and services are dependent upon a member's creditworthiness, which is determined in part by reviewing a consumer report. The consumer report(s) obtained (or which will be obtained, as authorized by you under the Contract) by TFCU, for the purpose of the transaction or service initiated by you contains information on trade lines you may have with other lenders. If you instruct us and consent to allow use to use the consumer report(s) obtained (or are obtaining) to determine your eligibility for TFCU financial products and services, you can do so by checking the first box shown below and we will determine your eligibility for other TFCU products and services and communicate such to you in the method you indicate. Please be aware that instructing us to use your consumer report(s) for these purposes does not guarantee an offer of or extension of any credit.
We have obtained (or will be obtaining) a consumer credit report(s) from one or more consumer reporting agencies ("consumer report") for the purpose of verifying information in connection with opening an account in your name and/or considering an application for a loan and/or other products or services offered by TFCU. You understand that you must be or become a member of TFCU before any extension of credit may be granted. By signing this Addendum and acknowledging the information and instructions you are authorizing and consenting to how TFCU may use the consumer report(s), the terms herein, and consenting to the communication methods selected.
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CONSENT TO CONTACT
BUYER
☐ I, the undersigned, instruct, and authorize TFCU to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services and for the purpose of determining whether to offer me other TFCU financial products and services.
☒ I, the undersigned, instruct TFCU NOT to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services.
☐ I, the undersigned buyer hereby authorize and consent to Tinker Federal Credit Union contacting me for purposes of providing financing information and information on other products and services at the contact below, which may include phone calls, SMS text messages, mail, alerts, or emails.
Name: ________________________________
Mobile Phone #: _______________________
Email Address: _______________________
IN WITNESS WHEREOF, this Addendum has been duly executed by each party as of the date(s) indicated below.
Buyer(s):
Signature: ___________________________
JUSTIN WALLACE
Print Name
09/15/2023
Date of Contract
Seller:
Signature: ____________________________
COREY CRUTSINGER - EM
Print Name and Title
CO-BUYER
☐ I, the undersigned, instruct, and authorize TFCU to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services and for the purpose of determining whether to offer me other TFCU financial products and services.
☐ I, the undersigned, instruct TFCU NOT to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services.
☐ I, the undersigned buyer hereby authorize and consent to Tinker Federal Credit Union contacting me for purposes of providing financing information and information on other products and services at the contact below, which may include phone calls, SMS text messages, mail, alerts, or emails.
Name: ________________________________
Mobile Phone #: _______________________
Email Address: _______________________
AFFIDAVI
STATE OF OKLAHOMA
COUNTY OF OKLAHOMA ) ss.
Aiden Elder, of lawful age, being first duly sworn, upon oath deposes and states:
1. I am a Collections Legal Specialist for Tinker Federal Credit Union and I am authorized to make this Affidavit of its behalf.
Based on a review of the Department of Defense website __Justin Wallace-Rogers__ not in the military. A copy is attached hereto.
Signed under penalty of perjury
Aiden Elder
Subscribed and sworn to before me this 7th day of April, 2026.
Notary Public
My Commission Expires: ASHLEY BRINTNALL # 23010861 EXP 08/19/25
(SEAL)
EXHIBIT B
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-2390
Birth Date: May-XX-1999
Last Name: WALLACE-ROGERS
First Name: JUSTIN
Middle Name:
Status As Of: Apr-07-2026
Certificate ID: 42DTPQ81V3HX41X
<table>
<tr>
<th colspan="5">On Active Duty On Active Duty Status Date</th>
</tr>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
</table>
This response reflects the individual's active duty status based on the Active Duty Status Date.
<table>
<tr>
<th colspan="5">Left Active Duty Within 367 Days of Active Duty Status Date</th>
</tr>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
</table>
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date.
<table>
<tr>
<th colspan="5">The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty On Active Duty Status Date</th>
</tr>
<tr>
<th>Order Notification Start Date</th>
<th>Order Notification End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
</table>
This response reflects whether the individual or his/her unit has received early notification to report for active duty.
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.