AgTexas Farm Credit Services v. G&M AgVentures

IN THE DISTRICT COURT OF CIMARRON COUNTY STATE OF OKLAHOMA AGTEXAS FARM CREDIT SERVICES, Plaintiff, v. G&M AGVENTURES, M&G AG, LLC, GARY LYNN SPIELMAN, MICHELE LEE SPIELMAN, GARY SPIELMAN, INC., G&M AGVENTURE, Defendants, AND CIMARRON COUNTY, OKLAHOMA, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF CIMARRON COUNTY and the CIMARRON COUNTY TREASURER, GEORGE C. CAMILLI JR., SHIRLEY CAMILLI, MIKE KOEHLER, U.S. SMALL BUSINESS ADMINISTRATION, and the UNKNOWN OCCUPANTS OF THE MORTGAGED PROPERTY, Additional Defendants. Case No. CJ-26-3 PLAINTIFF’S VERIFIED PETITION Plaintiff AgTexas Farm Credit Services ("Plaintiff") for its causes of action against Defendants G&M AgVentures ("Borrower"), M&G Ag, LLC, Gary Lynn Spielman, Michele Lee Spielman, Gary Spielman, Inc., and G&M AgVenture (each a "Guarantor," and together the "Guarantors"), and Additional Defendants Cimarron County, Oklahoma, by and through the Board of County Commissioners of Cimarron County and the Cimarron County Treasurer, U.S. Small Business Administration, George C. Camili, Jr., Shirley Camilli, Mike Koehler, and the Unknown Occupants of the Mortgaged Property described herein, alleges and states as follows: PARTIES, JURISDICTION, AND VENUE 1. Plaintiff does business in CIMARRON County, Oklahoma. 2. Borrower is a partnership doing business in and throughout the State of Oklahoma, including without limitation Cimarron County, Oklahoma. 3. M&G Ag, LLC, is a domestic limited liability company organized under the laws of the State of Oklahoma, doing business in and around the State of Oklahoma, including without limitation Cimarron County, Oklahoma. 4. Gary Lynn Spielman is a citizen and resident of Dallam County, Texas. 5. Michele Lee Spielman is a citizen and resident of Dallam County, Texas. 6. Gary Spielman, Inc., is a domestic for profit corporation organized under the laws of the State of Oklahoma, doing business in and throughout the State of Oklahoma, including without limitation Cimarron County, Oklahoma. 7. G&M AgVenture is a partnership doing business in and throughout the State of Oklahoma, including without limitation Cimarron County, Oklahoma. 8. Additional Defendants Cimarron County, Oklahoma, by and through the Board of County Commissioners of Cimarron County and the Cimarron County Treasurer, U.S. Small Business Administration, George C. Camili, Jr., Shirley Camilli, Mike Koehler, and the Unknown Occupants of the Mortgaged Property described herein claim or may claim an interest in the subject matter of this action. 9. Among other things, this is a commercial foreclosure action involving real property located in Cimarron County, Oklahoma, and this Court has jurisdiction over the parties and the subject matter of this action, as well as venue pursuant to 12 O.S. §§ 131, 142. THE LOAN TRANSACTIONS I. LOAN NO. 6097050. 10. The allegations contained in the foregoing paragraphs are incorporated herein. 11. On or about June 21, 2022, Borrower entered into that certain Business Loan Agreement with Plaintiff, Loan No. 6097050, in which Plaintiff agreed to provide Borrower with a line of credit in the principal amount of $600,000.00. 12. On or about June 21, 2022, Borrower executed and delivered to Plaintiff that certain Promissory Note in the principal amount of $660,000.00 with a maturity date June 1, 2029, Loan No. 6097050 (the “6097050 Note”). II. LOAN NO. 6097020. 13. On or about June 21, 2022, Borrower entered into that certain Business Loan Agreement with Plaintiff, Loan No. 6097020, in which Plaintiff agreed to provide Borrower with a line of credit in the principal amount of $1,300,000.00. 14. On June 21, 2022, Borrower executed and delivered to Plaintiff that certain Promissory Note in the principal amount of $1,300,000.00 with a maturity date of July 1, 2027, Loan No. 6097020 (the “6097020 Note”). III. LOAN NO. 6097040. 15. On or about May 21, 2024, Borrower entered into that certain Business Loan Agreement with Plaintiff, Loan No. 6097040, in which Plaintiff agreed to provide Borrower with a line of credit in the principal amount of $5,000,000.00. 16. On May 21, 2024, Borrower executed and delivered to Plaintiff that certain Promissory Note in the principal amount of $5,000,000.00, with a maturity date of July 1, 2025, Loan No. 6097040 (the “6097040 Note”). IV. LOAN NO. 6460050. 17. On or about May 21, 2024, Borrower entered into that certain Business Loan Agreement with Plaintiff, Loan No. 6460050, in which Plaintiff agreed to provide Borrower with a line of credit in the principal amount of $1,000,000.00. 18. On or about May 21, 2024, Borrower executed and delivered to Plaintiff that certain Promissory Note, Loan No. 6460050, in the principal amount of $1,000,000.00, with a maturity date of July 1, 2025 (the “6460050 Note”). V. COLLATERAL. 19. To secure performance of Borrower’s obligations, including without limitation the 6097050 Note, 6097020 Note, 6097040 Note, 6460050 Note (collectively, the “Notes”) and related loan documents, Borrower and Guarantors executed and delivered to Plaintiff that certain Commercial Security Agreement dated June 21, 2022 (“Security Agreement 1”), providing a security interest in and to, inter alia, certain personal property as more fully described in the Commercial Security Agreement, including: PROPERTY DESCRIPTION. All of Debtor's interest in stock, participation certificates and/or other equity interests in Secured Party, including but not limited to all Debtor's interest in dividends, whether paid in cash or in stock or participation certificates, and in all allocated surplus or allocated equity in Secured Party, including but not limited to exchanged or converted equity, and all proceeds thereof to which Debtor may be entitled to receive on account of said property. All Fixtures, Equipment, Inventory and Goods whether now owned, or existing, or hereafter acquired, or arising and wherever located including but not limited to all irrigation equipment, facilities, and appurtenances thereto. To the extent not otherwise included, all products, proceeds, additions, substitutions and replacements of any of the foregoing property, including, but without limitation, proceeds of insurance. Collateral includes but is not limited to the following: 2017 Zimmatic 9500 W/8500 Series Spans 8 Tower Center Pivot wit End Nozzle Spray All Overhang 90 Degree SN# LE3192 Completely refurbished Caterpillar 3406 Natural Gas Irrigation Engine 2017 Zimmatic 8 Tower Center Pivot along with all Ancillary Equipment SN# LE4360 The foregoing fixtures are located on Sect 1, Twnshp 2N, Rge 2E, except a tract in Lot 1 of Sect 1, Cimarron Meridian, Cimarron Co OK. 20. To further secure performance of Borrower's obligations, including without limitation the Notes and related loan documents, Borrower, Gary Lynn Spielman, Michele Lee Spielman, Gary Spielman, Inc., executed and delivered to Plaintiff that certain Commercial Security Agreement dated June 21, 2022 ("Security Agreement 2"), providing a security interest in and to, inter alia, certain personal property as more fully described in the Commercial Security Agreement, including: PROPERTY DESCRIPTION. All of Debtor's interest in stock, participation certificates and/or other equity interests in Secured Party, including but not limited to all Debtor's interest in dividends, whether paid in cash or in stock or participation certificates, and in all allocated surplus or allocated equity in Secured Party, including but not limited to exchanged or converted equity, and all proceeds thereof to which Debtor may be entitled to receive on account of said property. All Fixtures, Equipment, Inventory and Goods whether now owned, or existing, or hereafter acquired, or arising and wherever located including but not limited to all irrigation equipment, facilities, and appurtenances thereto. To the extent not otherwise included, all products, proceeds, additions, substitutions and replacements of any of the foregoing property, including, but without limitation, proceeds of insurance. Collateral includes but is not limited to the following: 2017 Zimmatic 9500 W/8500 Series Spans 8 Tower Center Pivot wit End Nozzle Spray All Overhang 90 Degree SN# LE3192 Completely refurbished Caterpillar 3406 Natural Gas Irrigation Engine 2017 Zimmatic 8 Tower Center Pivot along with all Ancillary Equipment SN# LE4360 The foregoing fixtures are located on Sect 1, Twnshp 2N, Rge 2E, except a tract in Lot 1 of Sect 1, Cimarron Meridian, Cimarron Co OK. 21. To further secure performance of Borrower's obligations, including without limitation the Notes and related loan documents, Borrower and Guarantors executed and delivered to Plaintiff that certain Commercial Security Agreement dated May 21, 2024, providing a security interest in and to, inter alia, Farm Products, Equipment, Government Payment Programs, Accounts, Inventory, and General Intangibles, as more fully described in the Commercial Security Agreement (“Security Agreement 3”). 22. To further secure performance of Borrower’s obligations, including without limitation the Notes and related loan documents, Borrower and Guarantors executed and delivered to Plaintiff that certain Commercial Security Agreement dated May 21, 2024, providing a security interest in and to, inter alia, Farm Products, Equipment, Government Payment Programs, Accounts, Inventory, and General Intangibles, as more fully described in the Commercial Security Agreement (“Security Agreement 4”). 23. Plaintiff perfected its security interests in the property described herein and in Security Agreement 1, Security 2, Security Agreement 3, and Security Agreement 4 (the “Collateral”) by filing that certain UCC-1 Statement on July 14, 2022, in the official records of the Oklahoma County Clerk, Document No. 2022071402074220. 24. To further secure Borrower’s obligations, including without the Notes and related loan documents, Michele Lee Spielman and Gary Lynn Spielman executed and delivered to Plaintiff that certain Mortgage dated June 21, 2022, providing a security interest in and to, inter alia, the following real property: Property 1: Lots One (1), Two (2), Three (3) and Four (4) and the South Half of the Northeast Quarter (S/2NE/4) and the South Half of the Northwest Quarter (S/2NW/4) and the South Half (S/2) of Section One (1) in Township Two (2) North, of Range Two (2) East of the Cimarron Meridian, LESS AND EXCEPT a tract of land in Lot 1 of Section 1, being more particularly described as follows: BEGINNING at a point 33 feet South and 33 feet West of the Northeast corner of Lot 1 of said Section 1; thence West 100 feet; thence South 100 feet; thence East 100 feet; thence North 100 feet to the point of beginning. Property 2: The Northeast Quarter (NE/4) of Section Twenty-eight (28) in Township One (1) North, of Range Nine (9) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. AND The Southeast Quarter (SE/4) of Section Twenty-eight (28) in Township One (1) North, of Range Nine (9) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. Property 3: The South Half of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter (S/2NW/4NW/4NE/4) and the North Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter (N/2SW/4NW/4NE/4) of Section Thirty (30) in Township Three (3) North, of Range Five (5) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. The Mortgage was recorded in the official records of the Cimarron County Clerk on July 5, 2022, located at Book 417, beginning on Page 740 ("Mortgage 1"). 25. To further secure Borrower's obligations, including without limitation the Notes and related loan documents, Michele Lee Spielman and Gary Lynn Spielman executed and delivered to Plaintiff that certain Mortgage dated June 21, 2022, providing a security interest in and to, inter alia, the following real property: Property 1: Lots One (1), Two (2), Three (3) and Four (4) and the South Half of the Northeast Quarter (S/2NE/4) and the South Half of the Northwest Quarter (S/2NW/4) and the South Half (S/2) of Section One (1) in Township Two (2) North, of Range Two (2) East of the Cimarron Meridian, LESS AND EXCEPT a tract of land in Lot 1 of Section 1, being more particularly described as follows: BEGINNING at a point 33 feet South and 33 feet West of the Northeast corner of Lot 1 of said Section 1; thence West 100 feet; thence South 100 feet; thence East 100 feet; thence North 100 feet to the point of beginning. Property 2: The Northeast Quarter (NE/4) of Section Twenty-eight (28) in Township One (1) North, of Range Nine (9) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. AND The Southeast Quarter (SE/4) of Section Twenty-eight (28) in Township One (1) North, of Range Nine (9) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. Property 3: The South Half of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter (S/2NW/4NW/4NE/4) and the North Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter (N/2SW/4NW/4NE/4) of Section Thirty (30) in Township Three (3) North, of Range Five (5) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. The Mortgage was recorded in the official records of the Cimarron County Clerk on July 5, 2022, located at Book 417, beginning on Page 740 ("Mortgage 2"). 26. To further secure Borrower's obligations, including without limitation the Notes and related loan documents, Michele Lee Spielman and Gary Lynn Spielman executed and delivered to Plaintiff that certain Mortgage dated June 21, 2022, providing a security interest in and to, inter alia, the following real property: Property 1: Lots One (1), Two (2), Three (3) and Four (4) and the South Half of the Northeast Quarter (S/2NE/4) and the South Half of the Northwest Quarter (S/2NW/4) and the South Half (S/2) of Section One (1) in Township Two (2) North, of Range Two (2) East of the Cimarron Meridian, LESS AND EXCEPT a tract of land in Lot 1 of Section 1, being more particularly described as follows: BEGINNING at a point 33 feet South and 33 feet West of the Northeast corner of Lot 1 of said Section 1; thence West 100 feet; thence South 100 feet; thence East 100 feet; thence North 100 feet to the point of beginning. Property 2: The Northeast Quarter (NE/4) of Section Twenty-eight (28) in Township One (1) North, of Range Nine (9) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. AND The Southeast Quarter (SE/4) of Section Twenty-eight (28) in Township One (1) North, of Range Nine (9) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. Property 3: The South Half of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter (S/2NW/4NW/4NE/4) and the North Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter (N/2SW/4NW/4NE/4) of Section Thirty (30) in Township Three (3) North, of Range Five (5) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. The Mortgage was recorded in the official records of the Cimarron County Clerk on July 5, 2022, located at Book 417, beginning on Page 752 ("Mortgage 3"). 27. To further secure Borrower's obligations, including without limitation the Notes and related loan documents, Michele Lee Spielman and Gary Lynn Spielman executed and delivered to Plaintiff that certain Mortgage dated September 29, 2023, providing a security interest in and to, inter alia, the following real property: Property 1: Lots One (1), Two (2), Three (3) and Four (4) and the South Half of the Northeast Quarter (S/2NE/4) and the South Half of the Northwest Quarter (S/2NW/4) and the South Half (S/2) of Section One (1) in Township Two (2) North, of Range Two (2) East of the Cimarron Meridian, LESS AND EXCEPT a tract of land in Lot 1 of Section 1, being more particularly described as follows: BEGINNING at a point 33 feet South and 33 feet West of the Northeast corner of Lot 1 of said Section 1; thence West 100 feet; thence South 100 feet; thence East 100 feet; thence North 100 feet to the point of beginning. Property 2: The Northeast Quarter (NE/4) of Section Twenty-eight (28) in Township One (1) North, of Range Nine (9) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. AND The Southeast Quarter (SE/4) of Section Twenty-eight (28) in Township One (1) North, of Range Nine (9) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description and all other rights and privileges, as more fully described in the Mortgage. The Mortgage was recorded in the official records of the Cimarron County Clerk on October 23, 2023, located at Book 422, beginning on Page 431 ("Mortgage 4"). 28. To further secure Borrower's obligations, including without limitation the Notes and related loan documents, Gary Lynn Spielman executed and delivered to Plaintiff that certain Mortgage dated September 29, 2023, providing a security interest in and to, inter alia, the following real property: The South Half of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter (S/2NW/4NW/4NE/4) and the North Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter (N/2SW/4NW/4NE/4) of Section Thirty (30) in Township Three (3) North, of Range Five (5) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description and all other rights and privileges, as more fully described in the Mortgage. The Mortgage was recorded in the official records of the Cimarron County Clerk on October 23, 2023, located at Book 422, beginning on Page 442 ("Mortgage 5"). 29. To further secure performance of Borrower's obligations, including without limitation the Notes and related loan documents, Gary Lynn Spielman and Michele Lee Spielman executed and delivered to Plaintiff that certain Commercial Real Estate Mortgage dated May 17, 2024, providing a security interest in and to, inter alia, the following described real property located in Cimarron County, Oklahoma: Property 1: Lots One (1), Two (2), Three (3) and Four (4) and the South Half of the Northeast Quarter (S/2NE/4) and the South Half of the Northwest Quarter (S/2NW/4) and the South Half (S/2) of Section One (1) in Township Two (2) North, of Range Two (2) East of the Cimarron Meridian, LESS AND EXCEPT a tract of land in Lot 1 of Section 1, being more particularly described as follows: BEGINNING at a point 33 feet South and 33 feet West of the Northeast corner of Lot 1 of said Section 1; thence West 100 feet; thence South 100 feet; thence East 100 feet; thence North 100 feet to the point of beginning. Property 2: The Northeast Quarter (NE/4) of Section Twenty-eight (28) in Township One (1) North, of Range Nine (9) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. AND The Southeast Quarter (SE/4) of Section Twenty-eight (28) in Township One (1) North, of Range Nine (9) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description and all other rights and privileges, as more fully described in the Mortgage. The Mortgage was recorded in the official records of the Cimarron County Clerk on July 24, 2024, located at Book 425, beginning on Page 541 ("Mortgage 6"). 30. To further secure performance of Borrower's obligations, including without limitation the Notes and related loan documents, Gary Lynn Spielman executed and delivered to Plaintiff that certain Commercial Real Estate Mortgage dated May 17, 2024, providing a security interest in and to, inter alia, the following described real property located in Cimarron County, Oklahoma: The South Half of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter (S/2NW/4NW/4NE/4) and the North Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter (N/2SW/4NW/4NE/4) of Section Thirty (30) in Township Three (3) North, of Range Five (5) East of the Cimarron Meridian, CIMARRON COUNTY, Oklahoma, according to the U.S. Government Survey thereof. together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description and all other rights and privileges, as more fully described in the Mortgage. The Mortgage was recorded in the official records of the Cimarron County Clerk on July 24, 2024, located at Book 425, beginning on Page 552 ("Mortgage 7"). VI. GUARANTEES. 31. Additionally, on or about June 21, 2022, the Guarantors executed and delivered to the Plaintiff their Commercial Guaranty in which they absolutely and unconditionally guaranteed the full and prompt payment of all debts owed to Plaintiff by Borrower. In connection therewith, Guarantors waived "presentment" and "demand for payment," and Borrower is not required to first obtain payment from Borrower or proceed against any of the collateral before demanding payment from Guarantors. VII. DEFAULTS. 32. On June 30, 2025, Plaintiff mailed to Borrower that certain Distressed Loan Restructuring Notice ("DRL Notice") pursuant to Plaintiff's Distressed Loan Restructuring Policy. 33. As outlined in the DRL Notice, Borrower was and is currently unable to service its current debts, has a significant cash flow deficiency, and its livestock and crops have died at a significant and alarming rate leaving the collateral securing the loans described herein deficient, and otherwise evidencing a failure on the part of Borrower to maintain its collateral. 34. Borrower and the Guarantors have failed to maintain certain collateral, including without limitation its livestock, as Borrower has failed to appropriately feed its livestock resulting in the death of a substantial but unknown number of cattle. Additionally, Borrower has failed to maintain its crops resulting in the destruction of a substantial but unknown number of crops, which has jeopardized the overall business venture securing the loans described herein. 35. Additionally, based on a recent inspection conducted by Plaintiff of the collateral pledged to secure the loans described herein, including but not limited to livestock, a significant portion of livestock are missing, and a portion of the livestock present at the inspection were deemed rough and malnourished. 36. Borrower has also defaulted under Loan Nos. 6097040, 6097050, 6097020, and 6460050 by reason of its failure to timely remit its final payment of all outstanding principal, accrued interest, and all fees and costs under Loan No. 6097040 and Loan No. 6460050 upon maturity. 37. Under the DRL Notice and that certain Forbearance Agreement executed October 28, 2025, Borrowers and Guarantors were given until February 20, 2026, to refinance each of the loans described herein, Loan Nos. 6097040, 6097050, 6097020, and 6460050. To date, Borrower and Guarantors have failed to refinance the loans or otherwise cure their defaults and, therefore, the original defaults under Loan Nos. 6097040, 6097050, 6097020, and 6460050 referenced in the DRL Notice and described above, remain and are continuous. FIRST CAUSE OF ACTION (Promissory Note – Loan No. 6097050) 38. The allegations contained in the foregoing paragraphs are incorporated herein. 39. As outlined above, Borrower is in default under the 6097050 Note. 40. Because Borrower failed to cure its defaults, Borrower’s indebtedness under the 6097050 Note accelerated on February 21, 2026. 41. There is due and owing under the 6097050 Note the sum of $337,738.68 (being principal in the amount of $329,999.98, plus accrued interest in the amount of $7,300.20 and late charges in the amount of $1,438.50, and less the stock application of $1,000.00), together with interest accruing after March 20, 2026, at the post maturity rate until paid in full and costs and fees of collection. 42. Plaintiff is the lawful holder of the 6097050 Note and has complied with all terms, conditions, and provisions of the 6097050 Note and is therefore duly empowered to bring this action. 43. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of the 6097050 Note and applicable state law. WHEREFORE, Plaintiff requests an in personam judgment in its favor and against Borrower on the 6097050 Note in the sum of $337,738.68 (being principal in the amount of $329,999.98, plus accrued interest in the amount of $7,300.20 and late charges in the amount of $1,438.50, and less the stock application of $1,000.00), together with interest accruing after March 20, 2026, at the post maturity rate until paid in full and costs and fees of collection. SECOND CAUSE OF ACTION (Promissory Note – Loan No. 6097020) 44. The allegations of the foregoing paragraphs are incorporated herein. 45. As outlined above, Borrower is in default under the 6097020 Note. 46. Because Borrower failed to cure its defaults, Borrower’s indebtedness under the 6097020 Note accelerated on February 21, 2026. 47. There is due and owing under the 6097020 Note the sum of $1,403,944.03 (being principal in the amount of $1,276,769.05, plus accrued interest in the amount of $128,174.98, and less the stock application in the amount of $1,000.00), together with interest accruing after March 20, 2026, at the post-maturity rate until paid in full and all costs and fees of collection. 48. Plaintiff is the lawful holder of the 6097020 Note and has complied with all terms, conditions, and provisions of the 6097020 Note and is therefore duly empowered to bring this action. 49. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of the 6097020 Note and applicable state law. WHEREFORE, Plaintiff requests an in personam judgment in its favor and against Borrower on the 6097020 Note in the sum of $1,403,944.03 (being principal in the amount of $1,276,769.05, plus accrued interest in the amount of $128,174.98, and less the stock application in the amount of $1,000.00), together with interest accruing after March 20, 2026, at the post-maturity rate until paid in full and all costs and fees of collection. THIRD CAUSE OF ACTION (Promissory Note – Loan No. 6097040) 50. The allegations contained in the foregoing paragraphs are incorporated herein. 51. Pursuant to the terms of the 6097040 Note, the loan fully matured on July 1, 2025, at which time the final payment of all remaining principal, accrued interest, and fees not yet paid was due and owing. 52. There is due and owing under the 6097040 Note the sum of $5,091,077.36 (being principal in the amount of $4,584,684.47, plus accrued interest in the amount of $507,392.89, and less the stock application of $1,000.00), together with and interest accruing after March 20, 2026, at the post maturity rate until paid in full and costs and fees of collection. 53. Borrower is in default under the 6097040 Note because, among other reasons, it failed to remit timely final payment upon maturity. Additionally, Borrower is in default as outlined above. 54. Plaintiff is the lawful holder of the 6097040 Note and has complied with all terms, conditions, and provisions of the 6097040 Note and is therefore duly empowered to bring this action. 55. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of the 6097040 Note and applicable state law. WHEREFORE, Plaintiff requests an in personam judgment in its favor and against Borrower on the 6097040 Note in the sum of $5,091,077.36 (being principal in the amount of $4,584,684.47, plus accrued interest in the amount of $507,392.89, and less the stock application of $1,000.00), together with and interest accruing after March 20, 2026, at the post maturity rate until paid in full and costs and fees of collection. FOURTH CAUSE OF ACTION (Promissory Note – Loan No. 6460050) 56. The allegations contained in the foregoing paragraphs are incorporated herein. 57. Pursuant to the terms of the 6460050 Note, the loan fully matured on July 1, 2025, at which time the final payment of all remaining principal, accrued interest, and fees not yet paid was due and owing. 58. There is due and owing on the 6460050 Note the sum of $22,987.00 (being accrued interest in the amount of $23,987.00, less the stock application of $1,000.00) together with costs and fees of collection. 59. Borrower is in default under the 6460050 Note because, among other reasons, it failed to remit timely final payment upon maturity. Additionally, Borrower is in default as outlined above. 60. Plaintiff is the lawful holder of the 6460050 Note and has complied with all terms, conditions, and provision of the 6460050 Note and is therefore duly empowered to bring this action. 61. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of the 6460050 Note and applicable state law. WHEREFORE, Plaintiff requests an in personam judgment in its favor and against Borrower on the 6460050 Note the sum of $22,987.00 (being accrued interest in the amount of $23,987.00, less the stock application of $1,000.00) together with costs and fees of collection. FIFTH CAUSE OF ACTION (Foreclosure of Mortgage 1) 62. The allegations contained in the foregoing paragraphs are incorporated herein. 63. As outlined above, Mortgage 1 is in default. 64. Plaintiff’s interest in Mortgage 1 is senior and prior to the interests of all Defendants and Additional Defendants. 65. Plaintiff is the lawful holder of Mortgage 1 and, by the terms and conditions thereof, Plaintiff may foreclose Mortgage 1 in the event of Borrower’s default. 66. Plaintiff has complied with all the terms, conditions and provisions of Mortgage 1 and is duly empowered to bring this action. 67. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of Mortgage 1 and applicable state law. WHEREFORE, Plaintiff requests an in rem judgment with respect to the property described by Mortgage 1 as follows: A. Foreclosing Mortgage 1, declaring Plaintiff’s interest a valid, first priority lien on the property subject only to any unpaid ad valorem taxes, if any; ordering the property sold (with or without appraisement at the option of Plaintiff as provided by law); ordering the proceeds arising from the sale be applied first to the payment of Plaintiff's costs and fees incurred in this matter, then toward the payment of ad valorem taxes, if any, then toward the payment of Plaintiff's judgments herein, and ordering the surplus, if any, to be paid into the Court to abide further order of the Court; B. Adjudging the right, title, and interest of Defendants and Additional Defendants in the property to be subject, junior, and inferior to Plaintiff's, except for any ad valorem taxes, and that upon confirmation of the sale, ordering Defendants and Additional Defendants, and all persons claiming by, through, and under them to be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate, or equity of redemption in the property or any part thereof; C. For such other and further relief as Plaintiff may be entitled. SIXTH CAUSE OF ACTION (Foreclosure of Mortgage 2) 68. The allegations contained in the foregoing paragraphs are incorporated herein. 69. As outlined above, Mortgage 2 is in default. 70. Plaintiff's interest in Mortgage 2 and is senior and prior to the interests of all Defendants and Additional Defendants. 71. Plaintiff is the lawful holder of Mortgage 2 and, by the terms and conditions thereof, Plaintiff may foreclose Mortgage 2 in the event of Borrower's default. 72. Plaintiff has complied with all the terms, conditions and provisions of Mortgage 2 and is duly empowered to bring this action. 73. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of Mortgage 2 and applicable state law. WHEREFORE, Plaintiff requests an in rem judgment with respect to the property described by Mortgage 2 as follows: A. Foreclosing Mortgage 2, declaring Plaintiff’s interest a valid, first priority lien on the property subject only to any unpaid ad valorem taxes, if any; ordering the property sold (with or without appraisement at the option of Plaintiff as provided by law); ordering the proceeds arising from the sale be applied first to the payment of Plaintiff’s costs and fees incurred in this matter, then toward the payment of ad valorem taxes, if any, then toward the payment of Plaintiff’s judgments herein, and ordering the surplus, if any, to be paid into the Court to abide further order of the Court; B. Adjudging the right, title, and interest of Defendants and Additional Defendants in the property to be subject, junior, and inferior to Plaintiff’s, except for any ad valorem taxes, and that upon confirmation of the sale, ordering Defendants and Additional Defendants, and all persons claiming by, through, and under them to be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate, or equity of redemption in the property or any part thereof; C. For such other and further relief as Plaintiff may be entitled. SEVENTH CAUSE OF ACTION (Foreclosure of the Mortgage 3) 74. The allegations of the foregoing paragraphs are incorporated herein. 75. As outlined above, Mortgage 3 is in default. 76. Plaintiff’s interest in Mortgage 3 is senior and prior to the interests of all Defendants and Additional Defendants. 77. Plaintiff is the lawful holder of Mortgage 3 and, by the terms and conditions thereof, Plaintiff may foreclose Mortgage 3 in the event of Borrower’s default. 78. Plaintiff has complied with all the terms, conditions and provisions of Mortgage 3 and is duly empowered to bring this action. 79. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of Mortgage 3 and applicable state law. WHEREFORE, Plaintiff requests an in rem judgment with respect to the property described by Mortgage 3 as follows: A. Foreclosing Mortgage 3, declaring Plaintiff’s interest a valid, first priority lien on the property subject only to any unpaid ad valorem taxes, if any; ordering the property sold (with or without appraisement at the option of Plaintiff as provided by law); ordering the proceeds arising from the sale be applied first to the payment of Plaintiff’s costs and fees incurred in this matter, then toward the payment of ad valorem taxes, if any, then toward the payment of Plaintiff’s judgments herein, and ordering the surplus, if any, to be paid into the Court to abide further order of the Court; B. Adjudging the right, title, and interest of Defendants and Additional Defendants in the property to be subject, junior, and inferior to Plaintiff’s, except for any ad valorem taxes, and that upon confirmation of the sale, ordering Defendants and Additional Defendants, and all persons claiming by, through, and under them to be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate, or equity of redemption in the property or any part thereof; C. For such other and further relief as Plaintiff may be entitled. EIGHTH CAUSE OF ACTION (Foreclosure of Mortgage 4) 80. The allegations of the foregoing paragraphs are incorporated herein. 81. As outlined above, Mortgage 4 is in default. 82. Plaintiff’s interest in Mortgage 4 is senior and prior to the interests of all Defendants and Additional Defendants. 83. Plaintiff is the lawful holder of Mortgage 4 and, by the terms and conditions thereof, Plaintiff may foreclose Mortgage 4 in the event of Borrower’s default. 84. Plaintiff has complied with all the terms, conditions and provisions of Mortgage 4 and is duly empowered to bring this action. 85. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of Mortgage 4 and applicable state law. WHEREFORE, Plaintiff requests an in rem judgment with respect to the property described by Mortgage 4 as follows: A. Foreclosing Mortgage 4, declaring Plaintiff’s interest a valid, first priority lien on the property subject only to any unpaid ad valorem taxes, if any; ordering the property sold (with or without appraisement at the option of Plaintiff as provided by law); ordering the proceeds arising from the sale be applied first to the payment of Plaintiff’s costs and fees incurred in this matter, then toward the payment of ad valorem taxes, if any, then toward the payment of Plaintiff’s judgments herein, and ordering the surplus, if any, to be paid into the Court to abide further order of the Court; B. Adjudging the right, title, and interest of Defendants and Additional Defendants in the property to be subject, junior, and inferior to Plaintiff’s, except for any ad valorem taxes, and that upon confirmation of the sale, ordering Defendants and Additional Defendants, and all persons claiming by, through, and under them to be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate, or equity of redemption in the property or any part thereof; C. For such other and further relief as Plaintiff may be entitled. NINTH CAUSE OF ACTION (Foreclosure of Mortgage 5) 86. The allegations of the foregoing paragraphs are incorporated herein. 87. As outlined above, Mortgage 5 is in default. 88. Plaintiff's interest in Mortgage 5 is senior and prior to the interests of all Defendants and Additional Defendants. 89. Plaintiff is the lawful holder of Mortgage 5 and, by the terms and conditions thereof, Plaintiff may foreclose Mortgage 5 in the event of Borrower's default. 90. Plaintiff has complied with all the terms, conditions and provisions of Mortgage 5 and is duly empowered to bring this action 91. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of Mortgage 5 and applicable state law. WHEREFORE, Plaintiff requests an in rem judgment with respect to the property described by Mortgage 5 as follows: A. Foreclosing Mortgage 5, declaring Plaintiff's interest a valid, first priority lien on the property subject only to any unpaid ad valorem taxes, if any; ordering the property sold (with or without appraisement at the option of Plaintiff as provided by law); ordering the proceeds arising from the sale be applied first to the payment of Plaintiff's costs and fees incurred in this matter, then toward the payment of ad valorem taxes, if any, then toward the payment of Plaintiff's judgments herein, and ordering the surplus, if any, to be paid into the Court to abide further order of the Court; B. Adjudging the right, title, and interest of Defendants and Additional Defendants in the property to be subject, junior, and inferior to Plaintiff`s, except for any ad valorem taxes, and that upon confirmation of the sale, ordering Defendants and Additional Defendants, and all persons claiming by, through, and under them to be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate, or equity of redemption in the property or any part thereof; C. For such other and further relief as Plaintiff may be entitled. TENTH CAUSE OF ACTION (Foreclosure of Mortgage 6) 92. The allegations of the foregoing paragraphs are incorporated herein. 93. As outlined above, Mortgage 6 is in default. 94. Plaintiff`s interest in Mortgage 6 is senior and prior to the interests of all Defendants and Additional Defendants. 95. Plaintiff is the lawful holder of Mortgage 6 and, by the terms and conditions thereof, Plaintiff may foreclose Mortgage 6 in the event of Borrower`s default. 96. Plaintiff has complied with all the terms, conditions and provisions of Mortgage 6 and is duly empowered to bring this action 97. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of Mortgage 6 and applicable state law. WHEREFORE, Plaintiff requests an in rem judgment with respect to the property described by Mortgage 6 as follows: D. Foreclosing Mortgage 6, declaring Plaintiff's interest a valid, first priority lien on the property subject only to any unpaid ad valorem taxes, if any; ordering the property sold (with or without appraisement at the option of Plaintiff as provided by law); ordering the proceeds arising from the sale be applied first to the payment of Plaintiff's costs and fees incurred in this matter, then toward the payment of ad valorem taxes, if any, then toward the payment of Plaintiff's judgments herein, and ordering the surplus, if any, to be paid into the Court to abide further order of the Court; E. Adjudging the right, title, and interest of Defendants and Additional Defendants in the property to be subject, junior, and inferior to Plaintiff's, except for any ad valorem taxes, and that upon confirmation of the sale, ordering Defendants and Additional Defendants, and all persons claiming by, through, and under them to be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate, or equity of redemption in the property or any part thereof; F. For such other and further relief as Plaintiff may be entitled. ELEVENTH CAUSE OF ACTION (Foreclosure of Mortgage 7) 98. The allegations of the foregoing paragraphs are incorporated herein. 99. As outlined above, Mortgage 7 is in default. 100. Plaintiff's interest in Mortgage 7 is senior and prior to the interests of all Defendants and Additional Defendants. 101. Plaintiff is the lawful holder of Mortgage 7 and, by the terms and conditions thereof, Plaintiff may foreclose Mortgage 7 in the event of Borrower's default. 102. Plaintiff has complied with all the terms, conditions and provisions of Mortgage 7 and is duly empowered to bring this action. 103. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of Mortgage 7 and applicable state law. WHEREFORE, Plaintiff requests an in rem judgment with respect to the property described by Mortgage 7 as follows: A. Foreclosing Mortgage 7, declaring Plaintiff’s interest a valid, first priority lien on the property subject only to any unpaid ad valorem taxes, if any; ordering the property sold (with or without appraisement at the option of Plaintiff as provided by law); ordering the proceeds arising from the sale be applied first to the payment of Plaintiff’s costs and fees incurred in this matter, then toward the payment of ad valorem taxes, if any, then toward the payment of Plaintiff’s judgments herein, and ordering the surplus, if any, to be paid into the Court to abide further order of the Court; B. Adjudging the right, title, and interest of Defendants and Additional Defendants in the property to be subject, junior, and inferior to Plaintiff’s, except for any ad valorem taxes, and that upon confirmation of the sale, ordering Defendants and Additional Defendants, and all persons claiming by, through, and under them to be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate, or equity of redemption in the property or any part thereof; C. For such other and further relief as Plaintiff may be entitled. TWELFTH CAUSE OF ACTION (Foreclosure of Security Interests in Security Agreement 1) 104. The allegations of the foregoing paragraphs are incorporated herein. 105. As outlined above, Security Agreement 1 is in default. 106. Plaintiff’s interest in the Collateral covered by Security Agreement 1 is senior and prior to the interests of all Defendants and Additional Defendants. 107. Plaintiff is the lawful holder of Security Agreement 1 and, by the terms and conditions thereof, Plaintiff may foreclose Security Agreement 1 in the event of Borrower’s default. 108. Plaintiff has complied with all the terms, conditions, and provisions of Security Agreement 1 and is duly empowered to bring this action. 109. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of Security Agreement 1 and applicable state law. WHEREFORE, Plaintiff requests the Court: (a) order, adjudge, and decree that Plaintiff has a valid security interest and lien in and to the Collateral, which is senior and prior to the interests therein, if any, of all Defendants and Additional Defendants; (b) enter judgment in favor of Plaintiff and against Defendants and Additional Defendants for possession of the Collateral; (c) order all Defendants and Additional Defendants to turn over possession of the Collateral to Plaintiff; (d) enter judgment permitting Plaintiff to foreclose its interest in the Collateral and sell such Collateral in accordance with Oklahoma law, or, at Plaintiff’s option, to turn over the Collateral to the Sheriff of Cimarron County or a Court appointed receiver for sale; and (e) provide such other and further relief as the Court may deem just and proper. THIRTEENTH CAUSE OF ACTION (Foreclosure of Security Interests in Security Agreement 2) 110. The allegations of the foregoing paragraphs are incorporated herein. 111. As outlined above, Security Agreement 2 is in default. 112. Plaintiff's interest in the Collateral covered by Security Agreement 2 is senior and prior to the interests of all Defendants and Additional Defendants. 113. Plaintiff is the lawful holder of Security Agreement 2 and, by the terms and conditions thereof, Plaintiff may foreclose Security Agreement 2 in the event of Borrower's default. 114. Plaintiff has complied with all the terms, conditions, and provisions of Security Agreement 2 and is duly empowered to bring this action. 115. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of Security Agreement 2 and applicable state law. WHEREFORE, Plaintiff requests the Court: (a) order, adjudge, and decree that Plaintiff has a valid security interest and lien in and to the Collateral, which is senior and prior to the interests therein, if any, of all Defendants and Additional Defendants; (b) enter judgment in favor of Plaintiff and against Defendants and Additional Defendants for possession of the Collateral; (c) order all Defendants and Additional Defendants to turn over possession of the Collateral to Plaintiff; (d) enter judgment permitting Plaintiff to foreclose its interest in the Collateral and sell such Collateral in accordance with Oklahoma law, or, at Plaintiff's option, to turn over the Collateral to the Sheriff of Cimarron County or a Court appointed receiver for sale; and (e) provide such other and further relief as the Court may deem just and proper. FOURTEENTH CAUSE OF ACTION (Foreclosure of Security Interests in Security Agreement 3) 116. The allegations of the foregoing paragraphs are incorporated herein. 117. As outlined above, Security Agreement 3 is in default. 118. Plaintiff's interest in the Collateral covered by Security Agreement 3 is senior and prior to the interests of all Defendants and Additional Defendants. 119. Plaintiff is the lawful holder of Security Agreement 3 and, by the terms and conditions thereof, Plaintiff may foreclose Security Agreement 3 in the event of Borrower's default. 120. Plaintiff has complied with all the terms, conditions, and provisions of Security Agreement 3 and is duly empowered to bring this action. 121. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of Security Agreement 3 and applicable state law. WHEREFORE, Plaintiff requests the Court: (a) order, adjudge, and decree that Plaintiff has a valid security interest and lien in and to the Collateral, which is senior and prior to the interests therein, if any, of all Defendants and Additional Defendants; (b) enter judgment in favor of Plaintiff and against Defendants and Additional Defendants for possession of the Collateral; (c) order all Defendants and Additional Defendants to turn over possession of the Collateral to Plaintiff; (d) enter judgment permitting Plaintiff to foreclose its interest in the Collateral and sell such Collateral in accordance with Oklahoma law, or, at Plaintiff's option, to turn over the Collateral to the Sheriff of Cimarron County or a Court appointed receiver for sale; and (e) provide such other and further relief as the Court may deem just and proper. FIFTEENTH CAUSE OF ACTION (Foreclosure of Security Interests in Security Agreement 4) 122. The allegations of the foregoing paragraphs are incorporated herein. 123. As outlined above, Security Agreement 4 is in default. 124. Plaintiff's interest in the Collateral covered by Security Agreement 4 is senior and prior to the interests of all Defendants and Additional Defendants. 125. Plaintiff is the lawful holder of Security Agreement 4 and, by the terms and conditions thereof, Plaintiff may foreclose Security Agreement 4 in the event of Borrower's default. 126. Plaintiff has complied with all the terms, conditions, and provisions of Security Agreement 4 and is duly empowered to bring this action. 127. Plaintiff has been compelled to employ attorneys to prosecute this action and is entitled to reasonable attorney fees and other reasonable costs of collection under the terms of the Security Agreement 4 and applicable state law. WHEREFORE, Plaintiff requests the Court: (a) order, adjudge, and decree that Plaintiff has a valid security interest and lien in and to the Collateral, which is senior and prior to the interests therein, if any, of all Defendants and Additional Defendants; (b) enter judgment in favor of Plaintiff and against Defendants and Additional Defendants for possession of the Collateral; (c) order all Defendants and Additional Defendants to turn over possession of the Collateral to Plaintiff; (d) enter judgment permitting Plaintiff to foreclose its interest in the Collateral and sell such Collateral in accordance with Oklahoma law, or, at Plaintiff's option, to turn over the Collateral to the Sheriff of Cimarron County or a Court appointed receiver for sale; and (e) provide such other and further relief as the Court may deem just and proper. SIXTEENTH CAUSE OF ACTION (Replevin – 12 O.S. § 1571) 128. The allegations of the foregoing paragraphs are incorporated herein. 129. Because of Borrower's and Guarantors' default under Security Agreement 1, Security Agreement 2, Security Agreement 3, and Security Agreement 4, Plaintiff has a special ownership interest in all of the Collateral pledged therein, including but not limited to certain livestock, crops, and equipment, as more fully described in the Security Agreements and UCC-1 Statement described herein. 130. Borrower and Guarantors are wrongfully detaining the Collateral and have failed to turn it over to Plaintiff in compliance with the Security Agreements. 131. The Collateral has not been taken in execution on any order or judgment, or for the payment of any tax, fine, or amercement assessed, or by virtue of an order of delivery issued under 12 O.S. § 1571, et seq., or any other mesne or final process issued against Plaintiff. 132. Unless otherwise restrained, Borrower and Guarantors may attempt to sell, alienate, conceal, transfer, or otherwise dispose of the Collateral without accounting for the proceeds thereof, which would result in irreparable harm to Plaintiff. 133. The mortgaged property identified above will be unable to satisfy the current indebtedness owed to Plaintiff. WHEREFORE, Plaintiff requests replevin and relief as follows: (a) That the Clerk of this Court issue a Notice to be served upon Borrower and Guarantors, which shall notify them that: (1) an Order of Delivery of the Collateral is sought; (2) Borrower and Guarantors have the right to object by written response filed with the Court Clerk and delivered or mailed to the Plaintiff's attorney within five days after service of this Verified Petition; (3) the Order of Delivery shall be issued by the Clerk in the event no written response is filed within the five-day period; and (4) pursuant to 12 O.S. § 1571.1, any person who willfully and knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which such order has been sought under the provisions of 12 O.S. § 1571, or who transfers or conceals it, with intent to interfere with the enforcement of the order, or who removes it from the jurisdiction of this Court with the intention of defeating enforcement of an order of delivery, or who willfully refuses to disclose its location to an officer charged with executing an order for its delivery, or who, when in possession of such property, willfully interferes with the officer charged with executing such order, shall be guilty of a misdemeanor, and in addition to such criminal penalties as provided by law, shall be liable to Plaintiff for double the amount of damage done to the property, together with a reasonable attorney fee to be fixed by the Court; (b) That the Court issue an Order of Delivery for the immediate delivery of the Collateral to Plaintiff; (c) That the Court enter judgment in favor of the Plaintiff against Borrower and Guarantors for the possession of the Collateral decreeing that Plaintiff’s interests in the Collateral are senior and prior to the interests of Borrower and any other Defendant or Additional Defendant, if any; (d) That the Court enter judgment against Borrower and Guarantors for a reasonable attorney fee to be determined by the Court and taxed as costs; (e) That the Court enter judgment against Borrower and Guarantors for all costs of collection, enforcement and sale; and (f) That the Court grant the Plaintiff such other and further relief as the Court may deem just and proper. SEVENTEENTH CAUSE OF ACTION (Appointment of Receiver – 12 O.S. § 1551) 134. The allegations of the foregoing paragraphs are incorporated herein. 135. Pursuant to 12 O.S. § 1551, Plaintiff seeks a court order appointing a receiver in this action. 136. In support, Plaintiff can show that conditions of the Security Agreements described herein have not been performed. 137. The mortgaged property identified above will be unable to satisfy the current indebtedness owed to Plaintiff. 138. The Collateral described herein is in danger of being lost, removed, or materially injured. WHEREFORE, Plaintiff requests that this Court appoint a receiver of the Plaintiff’s choosing to maintain, collect, and manage the Collateral described herein and that the Court also authorize a receiver to market the aforementioned collateral for sale. EIGHTEENTH CAUSE OF ACTION (Temporary Injunction – 12 O.S. § 1382) 139. The allegations of the foregoing paragraphs are incorporated herein. 140. Based on a recent inspection conducted by Plaintiff of the Collateral pledged under the Security Agreements, including but not limited to livestock, a significant portion of livestock are missing, and a portion of the livestock present at the inspection were deemed rough and malnourished. 141. Additionally, a significant number of livestock and crops in which Plaintiff has a valid and enforceable security interest have died, and in combination with the other defaults described herein, necessitates the need for a temporary injunction. 142. Additionally, Borrower failed to timely remit its final payment on the 6097040 Note 6097040 upon maturity, and there is due and owing under 6097040 Note the sum of $5,091,077.36 (being principal in the amount of $4,584,684.47, plus accrued interest in the amount of $507,392.89, and less the stock application of $1,000.00), together with and interest accruing after March 20, 2026, at the post maturity rate until paid in full and costs and fees of collection. 143. Borrower has also failed to timely remit its final payment on the 6460050 Note upon maturity, and there is due and owing on the 6460050 Note the sum of $22,987.00 (being accrued interest in the amount of $23,987.00, less the stock application of $1,000.00) together with costs and fees of collection. 144. The mortgaged property identified above will be unable to satisfy the current indebtedness owed to Plaintiff. 145. Borrower and Guarantors must be enjoined and forbidden from the concealment, transfer, and sale of all of the Collateral identified herein. WHEREFORE, Plaintiff requests the Court issue a temporary injunction against Borrower and Guarantors, along with such other and further relief to which Plaintiff may be justly and equitably entitled. NINETEENTH CAUSE OF ACTION (Judgment on Guarantees) 146. The allegations of the foregoing paragraphs are incorporated herein. 147. Defendants Gary Spielman, G&M AgVenture, Michele Spielman, M&G Ag, LLC, and Gary Spielman, Inc. have failed and refused to pay the amounts due and owing under the Guarantees in accordance with their terms and, therefore, there is due and owing from Defendants Gary Spielman, G&M AgVenture, Michele Spielman, M&G Ag, LLC, and Gary Spielman, Inc. the following: (a) under the 6097050 Note the sum of $337,738.68 (being principal in the amount of $329,999.98, plus accrued interest in the amount of $7,300.20 and late charges in the amount of $1,438.50, and less the stock application of $1,000.00), together with interest accruing after March 20, 2026, at the post maturity rate until paid in full and costs and fees of collection; (b) under the 6097020 Note the sum of $1,403,944.03 (being principal in the amount of $1,276,769.05, plus accrued interest in the amount of $128,174.98, and less the stock application in the amount of $1,000.00), together with interest accruing after March 20, 2026, at the post-maturity rate until paid in full and all costs and fees of collection; (c) under the 6097040 Note the sum of $5,091,077.36 (being principal in the amount of $4,584,684.47, plus accrued interest in the amount of $507,392.89, and less the stock application of $1,000.00), together with and interest accruing after March 20, 2026, at the post maturity rate until paid in full and costs and fees of collection; and (d) on the 6460050 Note the sum of $22,987.00 (being accrued interest in the amount of $23,987.00, less the stock application of $1,000.00) together with costs and fees of collection. WHEREFORE, Plaintiff requests in personam judgment in its favor and against each of the Guarantors in the following amounts: A. Under the 6097050 Note the sum of $337,738.68 (being principal in the amount of $329,999.98, plus accrued interest in the amount of $7,300.20 and late charges in the amount of $1,438.50, and less the stock application of $1,000.00), together with interest accruing after March 20, 2026, at the post maturity rate until paid in full and costs and fees of collection; B. Under the 6097020 Note the sum of $1,403,944.03 (being principal in the amount of $1,276,769.05, plus accrued interest in the amount of $128,174.98, and less the stock application in the amount of $1,000.00), together with interest accruing after March 20, 2026, at the post-maturity rate until paid in full and all costs and fees of collection; C. Under the 6097040 Note the sum of $5,091,077.36 (being principal in the amount of $4,584,684.47, plus accrued interest in the amount of $507,392.89, and less the stock application of $1,000.00), together with and interest accruing after March 20, 2026, at the post maturity rate until paid in full and costs and fees of collection; and D. Under the 6460050 Note the sum of $22,987.00 (being accrued interest in the amount of $23,987.00, less the stock application of $1,000.00) together with costs and fees of collection. Respectfully submitted, Bryan R. Lynch, OBA No. 33559 Alexandra A. Crawley, OBA No. 34634 HALL, ESTILL, HARDWICK, GABLE, GOLDEN & NELSON, P.C. 100 North Broadway, Suite 2900 Oklahoma City, OK 73102 (405) 553-2310 (o) (405) 553-2855 (f) [email protected] [email protected] ATTORNEYS FOR PLAINTIFF VERIFICATION STATE OF ___Tulsa___ ) COUNTY OF ___Lubbock___ ) ss I, Rodney Keeton, as authorized representative of AgTexas Farm Credit Services, of lawful age, being first duly sworn, upon oath state that I have read the foregoing Petition, that I am familiar with the matters set forth therein, and that the same is true to the best of my information and belief. ____________________________________ Rodney Keeton Senior Vice President, Credit Services & Special Assets Subscribed and sworn to before me this 6th day of April 2026. Becky Gass My Commission Expires 11/23/2028 Notary ID 130911183 My Commission Expires: 11-23-2028 My Commission Number is: 130911183