AMUR EQUIPMENT FINANCE, INC. v. DANIEL EUGENE WESLEY AKA DANNY WESLEY

FILED IN DISTRICT COURT McClain County, Oklahoma FEB 20 2026 Kristel Gray, Court Clerk by __________________________ Deputy AMUR EQUIPMENT FINANCE, INC., Plaintiff, Vs. DANIEL EUGENE WESLEY AKA DANNY WESLEY Defendant(s) IN THE DISTRICT COURT IN AND FOR MCCLAIN COUNTY, OKLAHOMA CASE NO. DIVISION: CJ. 26-55 PETITION FOR BREACH OF CONTRACT FOR DEFICIENCY AFTER DISPOSITION OF SECURED COLLATERAL Plaintiff, AMUR EQUIPMENT FINANCE, INC. (hereinafter “Plaintiff”), sues Defendant(s), DANIEL EUGENE WESLEY AKA DANNY WESLEY (hereinafter “Defendant(s)”), and alleges: 1. Amur Equipment Finance, Inc. is a Nebraska corporation with its principal place of business in Grand Island, Nebraska. 2. Defendant, DANIEL EUGENE WESLEY AKA DANNY WESLEY is an individual, who, upon information and belief, resides at 11187 NS 368 ROAD OKEMAH, OK 74859. 3. Jurisdiction and venue are proper in the DISTRICT COURT. 4. Defendant(s) entered into a commercial Equipment Finance Agreement (hereinafter “Contract”) to finance the purchase of commercial equipment. See Exhibit A attached. 5. Defendant(s) DANIEL EUGENE WESLEY AKA DANNY WESLEY executed a guaranty of the Contract, attached hereto as a part of Exhibit A, and is/are liable for any outstanding amounts due on the Contract. 6. Plaintiff relies upon the choice of law provision contained in the subject agreement attached hereto as the substantive governing law. 7. The Contract conveyed a security interest in certain collateral as described therein. 8. Defendant(s) breached the terms of the Contract by failing to tender payment when due. 9. Plaintiff accelerated the full balance due and owing on the Contract as a result of the breach. 10. Plaintiff took possession of the collateral pursuant to its security interest. 11. Plaintiff provided Defendant(s) with written notice of its intent to sell the collateral. See Exhibit B attached. 12. Defendant(s) failed to satisfy the outstanding balance due on the Contract. 13. The subject commercial equipment was sold through regular commercial channels in a commercially reasonable manner, as set forth in the attached account history labeled Exhibit C. 14. Plaintiff has complied with all conditions precedent to filing this action, or same have been waived by Defendant. 15. After applying any credits and the net proceeds from the sale of the collateral, there is a deficiency balance remaining on the contract of $94,294.20. 16. Defendant(s) owes Plaintiff the remaining balance of $94,294.20 on the Contract. Wherefore, Plaintiff demands judgment in the amount of $94,294.20 against Defendant(s), plus post-judgment interest, and court costs to the extent permitted by applicable law. ZWICKER & ASSOCIATES, P.C. [Signature] CAMILLE EDMISON, ESQ. OKLAHOMA BAR #35350 ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 400 WEST CAPITOL AVE SUITE 1700 LITTLE ROCK, AR 72201 (800)397-6589 [email protected] Attorney for Plaintiff EXHIBIT A EQUIPMENT FINANCE AGREEMENT Agreement No.: 2292 Customer No.: 4165 DEBTOR: Coil Chem LLC 2103 E Ladd Rd Washington, OK 73093-9188 SUPPLIER AND COLLATERAL: See Schedule A Collateral Location: 2103 E Ladd Rd Washington, OK 73093-9188 Term (In Months): 60 Total Number of Payments: 60 Amount of Each Periodic Payment: $2,285.80 Security Deposit: $0.00 DISCLAIMER OF WARRANTIES AND CLAIMS; LIMITATION OF REMEDIES: THERE ARE NO WARRANTIES BY OR ON BEHALF OF SECURED PARTY; AND NEITHER THE SUPPLIER, NOR ANY OTHER PARTY IS SECURED PARTY'S AGENT. DEBTOR ACKNOWLEDGES AND AGREES BY SIGNATURE BELOW: (A) SECURED PARTY MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE COLLATERAL, ITS MERCHANTABILITY, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE; (B) DEBTOR ACCEPTS THE COLLATERAL "AS IS" AND WITH ALL FAULTS; (C) DEBTOR AGREES THAT THE COLLATERAL WILL BE USED SOLELY FOR COMMERCIAL OR BUSINESS PURPOSES; (D) IF THE COLLATERAL IS UNSATISFACTORY FOR ANY REASON DEBTOR'S ONLY REMEDY, IF ANY, SHALL BE AGAINST THE SUPPLIER OR MANUFACTURER OF THE COLLATERAL AND NOT AGAINST SECURED PARTY; (E) DEBTOR SHALL HAVE NO REMEDY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES AGAINST SECURED PARTY, ALL OF THE SAME BEING DISCLAIMED AND WAIVED; AND (F) NO DEFECT, DAMAGE OR UNFITNESS OF THE COLLATERAL SHALL RELIEVE DEBTOR OF THE OBLIGATION TO MAKE PAYMENTS OR RELIEVE DEBTOR OF ANY OTHER OBLIGATION UNDER THIS AGREEMENT. Amendments; Notices: No term or provision of this Equipment Finance Agreement ("Agreement") may be amended, altered, waived or discharged except by a written instrument signed by all parties to this Agreement. Any formal notice given pursuant to this Agreement shall be deemed given 2 business days after being placed with a reputable package delivery service for overnight delivery, postage prepaid, and addressed to the recipient at its address set forth above or such other address as a party may designate by written notice to other. THIS AGREEMENT, THE TERMS OF WHICH HAVE BEEN FREELY NEGOTIATED BY EACH PARTY, IS ALSO SUBJECT TO THE TERMS AND CONDITIONS BELOW AND ON THE FOLLOWING PAGE WHICH ARE MADE PART HEREOF AND WHICH DEBTOR AND SECURED PARTY ACKNOWLEDGE THEY HAVE READ AND ACCEPTED. BY EXECUTION OF THIS AGREEMENT, THE UNDERSIGNED CERTIFIES THAT HE/SH E IS ELECTED AND AUTHORIZED TO NEGOTIATE, PROCURE, AND EXECUTE AN EQUIPMENT FINANCE AGREEMENT AND ANY DOCUMENTATION COVERING SUCH EQUIPMENT FINANCE AGREEMENT. BY SIGNING BELOW DEBTOR HEREBY IRREVOCABLY ACCEPTS DELIVERY OF THE EQUIPMENT UNDER THIS EQUIPMENT FINANCE AGREEMENT AND IRREVOCABLY AUTHORIZES SECURED PARTY TO PAY THE SUPPLIER ON BEHALF OF THE DEBTOR. THIS IS A NON-CANCELABLE AGREEMENT. DEBTOR: Coil Chem LLC Signature: Printed Name: Jerry Noles Title: Member Date: 2/10/20 ACCEPTED BY SECURED PARTY: Amur Equipment Finance, Inc. By: Printed Name: Whitnee Yager Funding Supervisor Title: Date: 2/20/2020 CONTINUING GUARANTY: The undersigned ("you" or "your"), jointly and severally if more than one guarantor, unconditionally guarantees to Amur Equipment Finance, Inc. or its assigns the prompt payment and performance when due of all of the obligations of the Debtor under the Agreement referenced above and all related documents executed by the Debtor in connection with it (collectively with the Agreement, the "Agreements"). Amur Equipment Finance, Inc. shall not be obligated to proceed against the Debtor, any other guarantor, the property being financed under the Agreement(s) or enforce any other remedy before proceeding against you to enforce this Continuing Guaranty ("Guaranty"). Notwithstanding any changes that can be made to the Agreement(s), this Guaranty will remain in effect with respect to the Agreement(s) as so changed even if you are not notified of the changes and will remain in effect even if the Agreement(s) or any of them are no longer enforceable against the Debtor. You waive all suretyship defenses, presentment, demand for performance, notices of protest, notices of dishonor, and notices of acceptance of this Guaranty and all other notices to which you may have any right. You agree to pay Amur Equipment Finance, Inc. for all expenses incurred by Amur Equipment Finance, Inc. on enforcing this Guaranty. You may not assign this Guaranty. This Guaranty shall be governed by, construed, interpreted and enforced in accordance with the laws of the state of Nebraska without reference to its principles of conflicts of laws. You consent to the non-exclusive jurisdiction of the federal and state courts located in the state of Nebraska in any action to enforce this Guaranty and you waive any right to assert this is an inconvenient forum. You consent to Amur Equipment Finance, Inc. conducting a credit evaluation of you from all sources periodically to update your file and authorize the sharing of the results with others. From time to time we may request financial information from you. This Guaranty may be executed in separate counterparts, which together shall constitute one and the same instrument. Guarantor Signature: Jerry Noles Printed Name: Jerry Noles Cell Phone Number: Home Phone Number: none Guarantor Signature: Danny Wesley Printed Name: Danny Wesley Cell Phone Number: [blacked out] Home Phone Number: none AUTHORIZATION FOR PRE-AUTHORIZED PAYMENTS: Debtor hereby authorizes Amur Equipment Finance, Inc. or its assigns to automatically initiate and make debit entries (charges) to Debtor's bank account (and for Debtor's bank to accept and post such debit entries) indicated below for the payment of all amounts owed by Debtor to Amur Equipment Finance, Inc. from time to time under or in connection with the above-referenced Agreement. Debtor understands and agrees that Amur Equipment Finance, Inc. may impose a fee in the event Debtor's bank does not pay a debit entry. This authority granted under this Authorization for Pre-authorized Payments is to remain in effect during the term of the Agreement, including all renewals and extensions, and Debtor acknowledges that if Debtor revokes such authority during the term of the Agreement Debtor shall be in default under the Agreement without the requirement of any prior notice from Amur Equipment Finance, Inc. as a precondition for such default. Any erroneous or incorrect charge will be corrected upon notification to Amur Equipment Finance, Inc. If corrections to the debit account are necessary, it may involve a credit or debit to Debtor's account. Debtor agrees that a facsimile or other copy of this Authorization, as executed, may be deemed the equivalent of the originally executed copy for all purposes. Bank Name: First National Bank & Trust Account No: [blacked out] Authorized Signature: Jerry Noles Act Holder Name: Coil Chem LLC Routing No: [blacked out] Print Name & Title: Jerry Noles, Member ADDITIONAL TERMS AND CONDITIONS 1. Definitions: The words "you" and "your" refer to the DEBTOR, its successors and permitted assigns, as shown above or on the preceding page, as applicable (the "first page"). The words "we", "us" and "our" refer to the SECURED PARTY (as shown on the first page) and its successors and assigns. You authorize us or our designees to obtain credit reports regarding you and each guarantor. 2. Acceptance: We agree to lend to you, and you agree to borrow from us, an amount for the financing of the Collateral as defined above or on Schedule "A", for the term shown the first page ("Term"), which shall commence on the funding of the collateral evidenced by this Agreement (the "Commencement Date") We shall have no obligations under this Agreement whatsoever until we accept and sign this Agreement at our office and the satisfaction in our sole discretion of all conditions we may specify, including our receipt of all documents we specify and evidence satisfactory to us in the form of a telephone audit, physical inspection or otherwise that all of the Collateral has been received, is in satisfactory condition and you have accepted the Collateral for all purposes under this Agreement. 3. Security Interest: You hereby grant us a security interest under the Uniform Commercial Code ("UCC") in the equipment and other property described or referenced herein on the first page or Schedule "A" and all accessories and additions thereto and replacements thereof and all proceeds and products of the foregoing (collectively the "Equipment"). Such security interest is granted to secure payment and performance by you of your obligations hereunder. All amounts received from you under this Agreement shall be applied towards your obligations to us hereunder as we determine. 4. Security Deposit: If you are in default for any reason under this Agreement, we have the right to apply the Security Deposit to any amounts due and owed to us. You agree that upon our demand you will replenish any amounts deducted from the Security Deposit and you agree that we may co-mingle any Security Deposit with our other assets if you did not default under this agreement, the Security Deposit will be returned to you, without interest, after the final payment has been paid and performance of all of your obligations under this Agreement have been satisfied. 5. Payments: You promise to pay us the number of payments shown on the first page, in advance, in the amount shown on the first page, commencing at the start of our billing cycle as specified by us at our sole discretion following the Commencement Date, and continuing on the same day of each month thereafter during the Term (each "Payment"), and each day a Payment is due hereunder a "Payment Date", without need of an invoice, together with all other amounts due from time to time by you hereunder. The total initial payment shall be paid upon your execution of this Agreement. If the contemplated transaction is not consummated, the total initial payment may be retained by us as partial compensation for costs and expenses incurred by us in preparation for the transaction. The amount of each Payment is based upon the total estimated cost of the Collateral, or the portion thereof being purchased with the proceeds of the agreement evidenced hereby, you have provided to us and which is set forth on the first page if the final cost of the Collateral (or the portion being purchased) we pay the supplier is higher or lower than that estimate, you authorize us to adjust the amount of each Payment proportionately up to 15% higher or lower without limit then the Payment amount specified on the first page. You also agree to pay, if invoiced, an amount equal to 1/30th of the Payment amount for each day from and including the Commencement Date, to but excluding the first Payment Date. YOUR OBLIGATION TO MAKE PAYMENTS AND PAY OTHER AMOUNTS HEREUNDER IS ABSOLUTE AND UNCONDITIONAL AND NOT SUBJECT TO ABATEMENT, REDUCTION OR SET-OFF FOR ANY REASON WHATSOEVER. Following the first Payment Date, the Term shall continue without interruption for the number of months indicated on the first page. 6. Location; Maintenance; Installation; Insurance: You agree to maintain records showing the location of each item of Collateral. You shall report such location to us upon our request and shall not change the location of the Collateral without our advance written consent. You are responsible for installing and keeping the Collateral in good working order. You shall not make any alterations, additions or improvements to the Collateral which detracts from its economic value or functional utility. If the Collateral is damaged or lost, you agree to continue making scheduled Payments unless we have received the Casualty Value pursuant to Section 11. You agree to keep the Collateral insured against loss during the Term and to have us named as Loss Payee and to obtain a general Public Liability insurance policy, in both cases in such coverage amounts as we may specify from time to time, from anyone who is acceptable to us. All such policies shall specify that they may not be terminated without 30 days prior written notice to the Secured Party. You agree to provide us with a certificate of insurance acceptable to us, before the Term begins, and upon our request during the Term. If at any time you fail to deliver to us a valid certificate of insurance reflecting such insurance as being in effect, then we will have the right, but not the obligation, to have such insurance placed on the equipment protecting us for the Term at your expense; and if so placed, we will add this expense to the Payments and you will pay us our costs of obtaining such insurance and any customary charges or fees. 7. Taxes and Fees; Indemnification: You agree to pay when due and to indemnify and hold us harmless from all taxes, fees, fines, interest and penalties, including, without limitation, personal property, excise, sales or documentary stamp taxes ("Taxes") relating to the use or ownership of the Collateral or to this Agreement now or hereafter imposed, levied or assessed by any taxing authority. We may, at our sole discretion or as required by law, elect to pay any such Taxes directly to a taxing authority and if you agree to reimburse us for any such Taxes paid on your behalf together with any filing or processing fees charged by us. If any taxing authority requires any Taxes to be paid in advance, and we pay such Taxes, however we may increase the cost of the Collateral we are financing by such amount as described in Section 5 above thereby increasing the amount of each Payment to reflect the payment of such Taxes. You also agree to pay us and reimburse us for all costs and expenses for documenting this Agreement. You agree to indemnify and hold us harmless from any suits, claims, losses or damages we suffer in any way relating to the use or ownership of the Collateral. Your obligations under this Section shall survive the expiration or earlier termination of this Agreement. You agree to pay us fees in connection with the documentation of the Agreement and any site inspection, or lien search we deem necessary. You agree that all such fees and any insurance we obtain pursuant to the last sentence of Section 6 may not only cover our costs they may also include a profit. 8. Personal Property: The Collateral will be and shall remain personal property and, if requested by us, you will obtain real property waivers satisfactory to us. You shall keep the Collateral free from any and all liens and encumbrances other than those in our favor and you shall give us immediate notice of any attachment or other judicial process, liens or encumbrances affecting the collateral. You hereby irrevocably authorize us and appoint us as your attorney-in-fact with the power to execute and to file this Agreement and any financing statement(s) or security agreement(s) with respect to the Collateral. If your signature on any financing statement or similar document is required by law, you shall execute such supplemental instruments and financing statements we deem to be necessary and advisable and shall otherwise cooperate to defend and perfect our interest in the Collateral by filing or otherwise. You also agree to pay us on demand a filling and registration fee prescribed by the UCC. Any Collateral that is subject to title or registration laws shall be titled and registered as directed by us. You agree the use of this equipment will be only for commercial or business purposes and in compliance with law. 9. Default; Remedies; Late Charges: If any one of the following events occur with respect to you or any Guarantor, you will be in default and we can exercise any of the remedies described below: (i) you fail to pay any Payment or other amount due under this Agreement or any other Agreement entered into by you and held or serviced by us when due, (ii) you breach or fail to perform any of your other covenants and promises under this Agreement, (iii) you become insolvent, any action under the United States Bankruptcy Code is filed by or against you, make an assignment for the benefit of creditors, admit your inability to pay your debts as they become due, you terminate your entity's existence or take any actions regarding the cessation or winding up of your business affairs or Debtor's or its guarantor's death has occurred. If you are in default, at our election, we can accelerate and require that you pay, as reasonable liquidated damages for loss of bargain, the "Accelerated Balance". The Accelerated Balance will be equal to the total of: (i) accrued and unpaid amounts then due under this Agreement, (ii) all remaining future Payments discounted to their then present value (determined at a discount rate of 3% per annum). Default Interest will be charged on the Accelerated Balance at the lower of (i) 18% per annum or (ii) the highest amount allowed by law from the due date thereof until received by us in cash. We can also pursue any remedies available to us under the UCC or any other law. In the event we seek to take possession of any part of the Collateral, you Irrevocably waive to the fullest extent permitted by law any bonds, surety or security required by statute, court rule or otherwise as an incident of such possession. You agree to pay our attorneys' fees and actual costs incurred by us in enforcing our rights hereunder including repossession, storage, reimbursement and sale of the Collateral as well as collection costs, and all non-sufficient funds fees and similar charges. If any amount not paid within 10 days of when due is subject to a late charge; you agree to pay the late charge of the lower of (i) the greater of 10% of the payment or $25.00 or (ii) the highest amount allowed by law. You also agree to pay a charge of $25.00 for each check returned for non-sufficient funds or any other reason or if any ACH debit charge is not honored. Such charges will not be construed as interest but as reimbursement to us to cover administrative and overhead expenses related to the processing and collection of the late payment. 10. Assignment; Inspection: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN, LEASE, OR ENCUMBER THE COLLATERAL OR THIS AGREEMENT. We may sell, transfer, assign or encumber this Agreement, in whole or in part, without notice to you or your consent. You agree that if we sell, transfer, assign or encumber this Agreement, the assignee will have the rights and benefits that we assign to the assignee and will not have to notify you of any such assignment, transfer, assignment or encumbrance. You agree to cooperate with us in assigning this Agreement or any other instrument, document or agreement related to this Agreement. You agree that the rights of the assignee will not be subject to any claims, defenses or set-offs that you may have against us. We and our agents and representatives shall have the right at any time during regular business hours to inspect the Collateral and for the purpose to have access to the location of the Collateral. 11. Risk of Loss: You assume and shall bear the entire risk of loss, theft, damage and destruction of the Collateral from any cause whatsoever, and no loss, theft, damage or destruction of the Collateral shall relieve you of the obligation to make Payments or fulfill any other obligation under this Agreement. You shall promptly notify us in writing of such loss, theft, damage or destruction if damage of any kind occurs to any item of Collateral. You shall, at our option but at your expense, (a) place the Collateral in good repair, condition or working order, or (b) if the Collateral cannot be repaired or is lost, stolen or suffers a constructive loss under an insurance policy covering the Collateral, pay to us the "Casualty Value". The Casualty Value will be equal to the total of (i) accrued and unpaid amounts then due and owing and (ii) all remaining future Payments discounted to their then present value (determined at a discount rate of 3% per annum) in both cases as of the date the Casualty Value is received by us. 12. Choice of Law; Waiver of Jury Trial: Subject to the following sentence, this Agreement shall be governed by, construed, interpreted and enforced in accordance with the laws of the state of Nebraska. If any amount contracted for, charged or received in connection with this Agreement constitutes interest or regulated time-price differential governed by, not exempt from, and in excess of a mounts lawfully permitted, under Nebraska law ("the Subject Amount"), then (i) if the law of state in which Debtor resides (as indicated in Debtor's address above, the "Debtor's State") would permit the lawful contracting for, charging or receipt of such part of the Subject Amount, then the parties agree that the law of Debtor's State shall govern as to the contracting for, charging or receipt of such interest or regulated time-price differential and (ii) if clause (i) proceeding is not applicable, Secured Party shall make any necessary adjustments so as to eliminate such excess Debtor agrees to provide Secured Party advance written notice and an opportunity to cure pursuant to the preceding sentence any contract, charge or receipt claimed by Debtor to be unlawful; and Secured Party may calculate maximum lawful amounts by amortizing, prorating, allocating reallocating, discounting, treating months as equal intervals, and spreading in each case to the fullest extent permitted by applicable law. You consent to the non -exclusive jurisdiction of the federal and state courts located in the state of Nebraska in any action or proceeding relating to this Agreement, YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION OR PROCEEDING, AND YOU WAIVE ANY RIGHT TO ASSERT THIS IS AN INCONVENIENT FORUM. 13. Miscellaneous: During the Term, you agree to provide us if we request; all financial statements, copies of tax returns, landlord, trade, or personal banking information. If we supply you with labels, you shall label any and all Collateral and shall keep the same affixed in a prominent place. If any provision hereof or any remedy herein provided is found to be invalid under any applicable law, the remaining provisions hereof shall be given effect in accordance with the manifest intent herein. The parties agree that each Payment may include a profit. You agree that a waiver of breach will not be a waiver of any other subsequent breach, and that any delay or failure to enforce our rights under this Agreement does not prevent us from enforcing any rights at a later time. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT BY US UNDER THIS AGREEMENT. Section headings are for convenience only and are not a part of this Agreement. You agree that by providing us with an email address or telephone number for a cellular or other wireless device, you expressly consent to receiving communications including email, voice and text messages from us or our affiliates or assigns at that email address or telephone number, and this express consent applies to each such email address or telephone number that you provide to us now, or in the future and permits such communications regardless of their purpose. These calls and messages may incur access fees from your internet or wireless provider. Any amount we bill or collect in excess than what is allowed by law (including usury laws, if applicable) shall be deemed a mistake and we will, respectively, reduce any such excess amount to the maximum amount permitted by law or apply it against your other obligations. You agree that the original of this Agreement may be electronically duplicated and a copy hereof may be introduced in lieu of the original thereof and without further foundation. The parties hereto expressly waive the secondary evidence rule. You agree that this Agreement will be binding upon your successors, permitted assigns, heirs and legal representatives. Debtor authorizes Secured Party or their assigns to obtain personal credit reports on all principals and guarantors for credit purposes. You also agree to release any credit information requested by us, including business or personal banking, mortgage, tax returns, landlord, trade or finance information. You authorize us to either insert or correct the Agreement number, Debtor name, address, equipment location, as well as to date this Instrument or any document executed or delivered in connection herewith. If Debtor constitutes more than one person, you agree that the liability of each such person hereunder is joint and several. Any restrictive endorsement on any check you give us in payment of any amount due hereunder shall be void. A facsimile or other copy of this Agreement, as executed, may be deemed the equivalent of the originally executed copy. This Agreement may be executed in separate counterparts which together shall constitute one and the same instrument. SCHEDULE A TO TRANSACTION 9632 EFA Agreement No 52292 This Schedule represents an integral part of the EFA referenced by the Agreement Number above. For the purposes of this EFA, Collateral shall refer to the following Equipment, whether now owned or hereafter acquired, together with all personal property installed in, affixed to or used in connection therewith and all present or future: (i) additions, accessories, accessions, attachments, parts, supplies, related software, intellectual property, rights, licenses and improvements thereto; (ii) substitutions, renewals, replacements and purchase options thereof; (iii) insurance, warranty, and other third-party claims; (iv) Debtor's rights in connection with a third-party's use of such equipment under a sublease, rental or similar agreement; (v) proceeds and product in any form (including but not limited to insurance and sale proceeds) of each of the foregoing, whether it be cash, non-cash or in any other form; and (vi) to the extent the equipment identified herein is construed as or deemed inventory, that inventory and all accounts, accounts receivable, cash proceeds and all other proceeds related thereto or derived therefrom. <table> <tr> <th>Description</th> <th>Equipment Location</th> <th>Vendor</th> </tr> <tr> <td>Multiquip DCA300SSC 240KVA</td> <td>2103 E Ladd Rd, Washington, OK 73093-9188</td> <td>Equipment Source LLC</td> </tr> </table> EXHIBIT B NOTICE OF DISPOSITION OF COLLATERAL VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED Re: Contract 2292 September 15, 2021 Debtor Coil Chem LLC 2103 E Ladd Rd Washington, OK 73093 Guarantor Jerry Noles 25590 County Line Ave Blanchard, OK 73010 AND ALL THE OTHER OBLIGORS LISTED IN SCHEDULE I THERETO To Whom It May Concern: You are hereby given notice that Amur Equipment Finance, Inc. (the Secured Party under the above-referenced Contract) will dispose of the following item(s) of collateral of the Debtor, along with all related parts, attachments and accessories (the Collateral): <table> <tr> <th>Year</th> <th>Manufacturer</th> <th>Model</th> <th>VIN/Serial Number</th> </tr> <tr> <td>2014</td> <td>Multiquip</td> <td>DCA330SSC</td> <td>9109189</td> </tr> </table> The disposal of the Collateral will occur under either or both the below Options: 1. Option 1: Private Sale. Secured Party may sell any or all the Collateral at a private sale on or after September 25, 2021. 2. Option 2: Public Sale. Secured Party may sell any or all the Collateral at a public sale conducted at __________ [location] on _________ [date] at ____________ [time] to the highest bidder. If the foregoing Public Sale information is left blank, then Option 1 above shall apply by default. You are entitled to request and receive from us the total amount due under the Contract for a charge of $50.00 payable in advance. Please contact me at (800) 994-0616 or at [email protected] to request this information. If you have any questions with regard to this matter or the procedures outlined above, please feel free to contact me. Sincerely, AMUR EQUIPMENT FINANCE, INC. Signature: ararika Insiriengmay Name: Ararika Insiriengmay Title: Senior Customer Collections Specialist Date: 09/15/2021 AMUR SCHEDULE 1 ADDITIONAL OBLIGORS Guarantor: Danny Wesley, 11137 NS 368, Okemah, OK 74459 Registered Agent: Coil Chem LLC, 605 N Tulsa Ave Bldg. I, Oklahoma City, OK 73107 EXHIBIT C 章节 Statement of Account Contract ID: Coil Chem LLC Customer Name: 2103 E Ladd Rd Address: Washington OK 73093 Start Date: 2/15/2020 Term: 60 <table> <tr> <th>Date of Invoice</th> <th>Description</th> <th>Ref #</th> <th>Due Date</th> <th>Original Amount</th> <th>Date Paid</th> <th>Payment Method</th> <th>Amount Paid</th> <th>Line Balance / Amount Due</th> </tr> <tr> <td>2/20/2020</td> <td>Filing Fee</td> <td>1697753</td> <td>3/15/2020</td> <td>$195.00</td> <td>2/20/2020</td> <td>Check</td> <td>$195.00</td> <td>$0.00</td> </tr> <tr> <td>2/26/2020</td> <td>Payment</td> <td>1708933</td> <td>3/15/2020</td> <td>$2,285.80</td> <td>3/15/2020</td> <td>ACH</td> <td>$2,285.80</td> <td>$0.00</td> </tr> <tr> <td>3/26/2020</td> <td>Payment</td> <td>1729839</td> <td>4/15/2020</td> <td>$2,285.80</td> <td>4/15/2020</td> <td>ACH</td> <td>$2,285.80</td> <td>$0.00</td> </tr> <tr> <td>3/26/2020</td> <td>Insurance</td> <td>1729839</td> <td>4/15/2020</td> <td>$120.42</td> <td>4/15/2020</td> <td>ACH</td> <td>$120.42</td> <td>$0.00</td> </tr> <tr> <td>4/27/2020</td> <td>Payment</td> <td>1751600</td> <td>5/15/2020</td> <td>$2,285.80</td> <td>5/15/2020</td> <td>ACH</td> <td>$2,285.80</td> <td>$0.00</td> </tr> <tr> <td>4/27/2020</td> <td>Insurance</td> <td>1751600</td> <td>5/15/2020</td> <td>$120.42</td> <td>5/15/2020</td> <td>ACH</td> <td>$120.42</td> <td>$0.00</td> </tr> <tr> <td>5/26/2020</td> <td>Payment</td> <td>1771415</td> <td>6/15/2020</td> <td>$2,285.80</td> <td>6/15/2020</td> <td>ACH</td> <td>$2,285.80</td> <td>$0.00</td> </tr> <tr> <td>5/26/2020</td> <td>Insurance</td> <td>1771415</td> <td>6/15/2020</td> <td>$120.42</td> <td>6/15/2020</td> <td>ACH</td> <td>$120.42</td> <td>$0.00</td> </tr> <tr> <td>6/26/2020</td> <td>Payment</td> <td>1789910</td> <td>7/15/2020</td> <td>$2,285.80</td> <td>7/15/2020</td> <td>ACH</td> <td>$2,285.80</td> <td>$0.00</td> </tr> <tr> <td>6/26/2020</td> <td>Insurance</td> <td>1789910</td> <td>7/15/2020</td> <td>$120.42</td> <td>7/15/2020</td> <td>ACH</td> <td>$120.42</td> <td>$0.00</td> </tr> <tr> <td>7/27/2020</td> <td>Payment</td> <td>1809063</td> <td>8/15/2020</td> <td>$2,285.80</td> <td>8/15/2020</td> <td>ACH</td> <td>$2,285.80</td> <td>$0.00</td> </tr> <tr> <td>7/27/2020</td> <td>Insurance</td> <td>1809063</td> <td>8/15/2020</td> <td>$120.42</td> <td>8/15/2020</td> <td>ACH</td> <td>$120.42</td> <td>$0.00</td> </tr> <tr> <td>8/26/2020</td> <td>Payment</td> <td>1828069</td> <td>9/15/2020</td> <td>$2,285.80</td> <td>9/15/2020</td> <td>ACH</td> <td>$2,285.80</td> <td>$0.00</td> </tr> <tr> <td>8/26/2020</td> <td>Insurance</td> <td>1828069</td> <td>9/15/2020</td> <td>$120.42</td> <td>9/15/2020</td> <td>Returned</td> <td>$120.42</td> <td>$0.00</td> </tr> <tr> <td>8/26/2020</td> <td>Payment</td> <td>1828069</td> <td>9/15/2020</td> <td>$2,285.80</td> <td>9/16/2020</td> <td>Returned</td> <td>($2,285.80)</td> <td>$2,285.80</td> </tr> <tr> <td>8/26/2020</td> <td>Insurance</td> <td>1828069</td> <td>9/15/2020</td> <td>$120.42</td> <td>9/16/2020</td> <td>E-Bill</td> <td>$120.42</td> <td>($120.42)</td> </tr> <tr> <td>8/26/2020</td> <td>Payment</td> <td>1828069</td> <td>9/15/2020</td> <td>$2,285.80</td> <td>10/30/2020</td> <td>E-Bill</td> <td>$2,285.80</td> <td>($2,285.80)</td> </tr> <tr> <td>8/26/2020</td> <td>Insurance</td> <td>1828069</td> <td>9/15/2020</td> <td>$120.42</td> <td>9/15/2020</td> <td>ACH</td> <td>$120.42</td> <td>$0.00</td> </tr> <tr> <td>8/26/2020</td> <td>Payment</td> <td>1828069</td> <td>9/15/2020</td> <td>$2,285.80</td> <td>9/16/2020</td> <td>Returned</td> <td>($120.42)</td> <td>$120.42</td> </tr> <tr> <td>9/16/2020</td> <td>Charge for Returned Item</td> <td>1836513</td> <td>10/15/2020</td> <td>$25.00</td> <td>N/A</td> <td>N/A</td> <td>$25.00</td> <td>$0.00</td> </tr> <tr> <td>9/16/2020</td> <td>Late Charge</td> <td>1839046</td> <td>10/15/2020</td> <td>$228.58</td> <td>N/A</td> <td>N/A</td> <td>$228.58</td> <td>$0.00</td> </tr> <tr> <td>9/28/2020</td> <td>Payment</td> <td>1846504</td> <td>10/15/2020</td> <td>$2,285.80</td> <td>11/30/2020</td> <td>E-Bill</td> <td>$2,285.80</td> <td>$0.00</td> </tr> <tr> <td>9/28/2020</td> <td>Insurance</td> <td>1846504</td> <td>10/15/2020</td> <td>$120.42</td> <td>11/30/2020</td> <td>E-Bill</td> <td>$120.42</td> <td>$0.00</td> </tr> <tr> <td>10/16/2020</td> <td>Late Charge</td> <td>1857378</td> <td>11/15/2020</td> <td>$228.58</td> <td>N/A</td> <td>N/A</td> <td>$228.58</td> <td>$0.00</td> </tr> <tr> <td>10/26/2020</td> <td>Late Charge</td> <td>1864766</td> <td>11/15/2020</td> <td>$2,285.80</td> <td>12/31/2020</td> <td>E-Bill</td> <td>$2,285.80</td> <td>$0.00</td> </tr> <tr> <td>10/26/2020</td> <td>Late Charge</td> <td>1864766</td> <td>11/15/2020</td> <td>$2,285.80</td> <td>1/5/2021</td> <td>Returned</td> <td>($2,285.80)</td> <td>$2,285.80</td> </tr> <tr> <td>10/26/2020</td> <td>Payment</td> <td>1864766</td> <td>11/15/2020</td> <td>$2,285.80</td> <td>1/25/2021</td> <td>E-Bill</td> <td>$2,285.80</td> <td>($2,285.80)</td> </tr> </table> Date of Invoice | Description | Ref # | Due Date | Original Amount | Due | Payment Method | Amount Paid | Date Paid | Line Balance / Amount Due 10/26/2020 | Insurance | 1864766 | 11/15/2020 | $120.42 | $0.00 | E-Bill | $120.42 | 12/31/2020 | Returned ($120.42) 10/26/2020 | Insurance | 1864766 | 11/15/2020 | $120.42 | $0.00 | E-Bill | $120.42 | 1/5/2021 | ($120.42) 10/26/2020 | Insurance | 1864766 | 11/15/2020 | $120.42 | $0.00 | E-Bill | $120.42 | 1/25/2021 | 11/16/2020 | Late Charge | 1876795 | 12/15/2020 | $228.58 | N/A | N/A | $0.00 | $228.58 11/27/2020 | Payment | 1883862 | 12/15/2020 | $2,285.80 | $0.00 | E-Bill | $2,285.80 | 1/29/2021 | $0.00 11/27/2020 | Payment | 1883862 | 12/15/2020 | $2,285.80 | $0.00 | Returned | ($2,285.80) | 2/3/2021 | ($2,285.80) 11/27/2020 | Payment | 1883862 | 12/15/2020 | $2,285.80 | $0.00 | E-Bill | $2,285.80 | 3/5/2021 | ($2,285.80) 11/27/2020 | Insurance | 1883862 | 12/15/2020 | $120.42 | $0.00 | E-Bill | $120.42 | 1/29/2021 | $0.00 11/27/2020 | Insurance | 1883862 | 12/15/2020 | $120.42 | $0.00 | Returned | ($120.42) | 2/3/2021 | ($120.42) 11/27/2020 | Insurance | 1883862 | 12/15/2020 | $120.42 | $0.00 | E-Bill | $120.42 | 3/5/2021 | ($120.42) 12/16/2020 | Late Charge | 1895617 | 1/15/2021 | $228.58 | N/A | N/A | $0.00 | $228.58 12/28/2020 | Payment | 1902632 | 1/15/2021 | $2,285.80 | $0.00 | E-Bill | $2,285.80 | 3/5/2021 | $0.00 12/28/2020 | Insurance | 1902632 | 1/15/2021 | $120.42 | $0.00 | E-Bill | $120.42 | 3/5/2021 | $0.00 1/5/2021 | Charge for Returned Item | 1905016 | 2/15/2021 | $25.00 | N/A | N/A | $0.00 | $25.00 1/16/2021 | Late Charge | 1915379 | 2/15/2021 | $228.58 | N/A | N/A | $0.00 | $228.58 1/26/2021 | Payment | 1922236 | 2/15/2021 | $2,285.80 | $0.00 | Wire | $2,285.80 | 3/31/2021 | $0.00 1/26/2021 | Insurance | 1922236 | 2/15/2021 | $120.42 | $0.00 | Wire | $120.42 | 3/31/2021 | $0.00 2/3/2021 | Charge for Returned Item | 1924588 | 3/15/2021 | $25.00 | N/A | N/A | $0.00 | $25.00 2/16/2021 | Late Charge | 1935304 | 3/15/2021 | $228.58 | N/A | N/A | $0.00 | $228.58 2/26/2021 | Payment | 1942024 | 3/15/2021 | $2,285.80 | $0.00 | Wire | $2,285.80 | 4/30/2021 | $0.00 2/26/2021 | Insurance | 1942024 | 3/15/2021 | $120.42 | $0.00 | Wire | $120.42 | 4/30/2021 | $0.00 3/11/2021 | Site Visit Fee | 1944986 | 4/15/2021 | $60.00 | N/A | N/A | $0.00 | $60.00 3/16/2021 | Late Charge | 1955128 | 4/15/2021 | $228.58 | N/A | N/A | $0.00 | $228.58 3/26/2021 | Payment | 1961746 | 4/15/2021 | $2,285.80 | $0.00 | Wire | $2,285.80 | 6/17/2021 | $0.00 3/26/2021 | Insurance | 1961746 | 4/15/2021 | $120.42 | $0.00 | Wire | $120.42 | 6/17/2021 | $0.00 4/16/2021 | Late Charge | 1975555 | 5/15/2021 | $228.58 | N/A | N/A | $0.00 | $228.58 4/26/2021 | Payment | 1982022 | 5/15/2021 | $2,285.80 | $0.00 | Wire | $2,285.80 | 6/17/2021 | $0.00 4/26/2021 | Insurance | 1982022 | 5/15/2021 | $120.42 | $0.00 | Wire | $120.42 | 6/17/2021 | $0.00 5/16/2021 | Late Charge | 1996317 | 6/15/2021 | $228.58 | N/A | N/A | $0.00 | $228.58 5/26/2021 | Payment | 2002613 | 6/15/2021 | $2,285.80 | $0.00 | N/A | $2,285.80 | N/A | $0.00 5/26/2021 | Insurance | 2002613 | 6/15/2021 | $120.42 | $0.00 | N/A | $120.42 | N/A | $0.00 6/16/2021 | Late Charge | 2017481 | 7/15/2021 | $228.58 | N/A | N/A | $0.00 | $228.58 6/28/2021 | Payment | 2023604 | 7/15/2021 | $2,285.80 | $0.00 | N/A | $2,285.80 | N/A | $0.00 6/28/2021 | Insurance | 2023604 | 7/15/2021 | $120.42 | $0.00 | N/A | $120.42 | N/A | $0.00 7/16/2021 | Late Charge | 2038818 | 8/15/2021 | $228.58 | N/A | N/A | $0.00 | $228.58 7/26/2021 | Payment | 2044825 | 8/15/2021 | $2,285.80 | $0.00 | N/A | $2,285.80 | N/A | $0.00 7/26/2021 | Insurance | 2044825 | 8/15/2021 | $120.42 | $0.00 | N/A | $120.42 | N/A | $0.00 <table> <tr> <th>Date of Invoice</th> <th>Description</th> <th>Ref #</th> <th>Due Date</th> <th>Original Amount Due</th> <th>Date Paid</th> <th>Payment Method</th> <th>Amount Paid</th> <th>Line Balance / Amount Due</th> </tr> <tr> <td>8/6/2021</td> <td>Site Visit Fee</td> <td>2049256</td> <td>9/15/2021</td> <td>$60.00</td> <td>N/A</td> <td>N/A</td> <td>$0.00</td> <td>$60.00</td> </tr> <tr> <td>8/16/2021</td> <td>Late Charge</td> <td>2061293</td> <td>9/15/2021</td> <td>$228.58</td> <td>N/A</td> <td>N/A</td> <td>$0.00</td> <td>$228.58</td> </tr> <tr> <td>8/26/2021</td> <td>Payment</td> <td>2067128</td> <td>9/15/2021</td> <td>$2,285.80</td> <td>N/A</td> <td>N/A</td> <td>$0.00</td> <td>$2,285.80</td> </tr> <tr> <td>8/26/2021</td> <td>Insurance</td> <td>2067128</td> <td>9/15/2021</td> <td>$120.42</td> <td>N/A</td> <td>N/A</td> <td>$0.00</td> <td>$120.42</td> </tr> <tr> <td>9/20/2021</td> <td>Repossession Expense</td> <td>2087495</td> <td>10/15/2021</td> <td>$800.00</td> <td>N/A</td> <td>N/A</td> <td>$0.00</td> <td>$800.00</td> </tr> <tr> <td>9/20/2021</td> <td>Transportation Expense</td> <td>2087495</td> <td>10/15/2021</td> <td>$300.00</td> <td>N/A</td> <td>N/A</td> <td>$0.00</td> <td>$300.00</td> </tr> <tr> <td>9/16/2021</td> <td>Late Charge</td> <td>2095200</td> <td>10/15/2021</td> <td>$228.58</td> <td>N/A</td> <td>N/A</td> <td>$0.00</td> <td>$228.58</td> </tr> <tr> <td>9/27/2021</td> <td>Payment</td> <td>2100944</td> <td>10/15/2021</td> <td>$2,285.80</td> <td>N/A</td> <td>N/A</td> <td>$0.00</td> <td>$2,285.80</td> </tr> <tr> <td>9/27/2021</td> <td>Insurance</td> <td>2100944</td> <td>10/15/2021</td> <td>$120.42</td> <td>N/A</td> <td>N/A</td> <td>$0.00</td> <td>$120.42</td> </tr> <tr> <td>10/26/2021</td> <td>Payment</td> <td>2141944</td> <td>11/15/2021</td> <td>$2,285.80</td> <td>N/A</td> <td>N/A</td> <td>$0.00</td> <td>$2,285.80</td> </tr> <tr> <td>12/25/2022</td> <td>Equipment Repo Expense</td> <td>2222349</td> <td>3/15/2022</td> <td>$330.00</td> <td>N/A</td> <td>N/A</td> <td>$0.00</td> <td>$330.00</td> </tr> </table> Net Invoices Due or Past Due: $18,913.44 Remaining Invoices - 39 @$2,285.80 $89,146.20 TOTAL AMOUNT DUE $108,059.64 Less Net Proceeds fro Equipment Sale ($5,600.00) Less 3% Net Present Value Discount ($8,165.44) TOTAL AMOUNT DUE $94,294.20