Bankers Healthcare Group, LLC v. Joey R. Reid

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA Bankers Healthcare Group, LLC ) ) Plaintiff; vs. ) ) JOEY R. REID ) ) Defendant. PETITION Breach of Contract COMES NOW Plaintiff, Bankers Healthcare Group, LLC, by and through its undersigned counsel, and for its cause of action against Defendant, JOEY R. REID, states and alleges as follows: 1. Plaintiff is a legal entity organized pursuant to the law. 2. Defendant is believed to reside in the County of TULSA. 3. Plaintiff and Defendant entered into a Promissory Note. A copy of said Promissory Note is attached hereto, made a part hereof, and marked Plaintiff's "Exhibit A". 4. Plaintiff fully performed the Promissory Note as agreed. 5. Defendant breached the Promissory Note when he failed to make payment(s) as required under the terms of the Note. 6. Defendant has failed to pay to Plaintiff the full agreed sum and now owes Plaintiff, Bankers Healthcare Group, LLC assignee of , in the amount of $72,019.82. Bankers Healthcare Group, LLC's affidavit of account is attached hereto marked as "Exhibit B". 7. Defendant owes Plaintiff an additional sum for reasonable attorney fees as provided by the terms of the Promissory Note. 8. Demand has been made upon Defendant for payment(s). 9. Defendant has failed and refused to remit the payment(s) due and remains in breach of the Promissory Note. WHEREFORE, Plaintiff, Bankers Healthcare Group, LLC, prays for judgment against Defendant, JOEY R. REID, for the sum of $72,019.82, with interest at the highest rate allowable by law per annum, for its costs incurred herein, and for such other and further relief this Court deems equitable, just and proper. In addition, pursuant to 40 O.S. Sec. 4-508(D), Plaintiff requests that, upon entry of judgment in favor of Plaintiff herein, an order be entered directing the Oklahoma Employment Security Commission to produce employment information of the Judgment Debtor from the records in their possession upon service of a certified copy of the Order within 120 days subsequent to the filing date of the Journal Entry of Judgment and Order. Respectfully submitted, BERMAN & RABIN, P.A. ________________________________________ Crystal C. Griffin, #31460 TX #24046825 PO Box 1382 Choctaw, OK 73020 (913) 649-1555 FAX (913) 652-9474 Email: [email protected] ATTORNEYS FOR PLAINTIFF ATTORNEY'S LIEN CLAIMED 848815-RTS County Bank 19927 Shuttle Rd Rehoboth Beach, DE 19971 Joey R. Reid Loan Number: [BLACKED OUT] Federal Electronic Signatures in Global and National Commerce Act Disclosure and Consent Please read this Federal Electronic Signatures In Global and National Commerce Act Disclosure and Consent ("Disclosure and Consent") carefully and retain a copy for your records. By electronically providing your signature below, you agree to execute and/or receive electronically all documents and communications (referred to hereinafter, the "Documents") that in any way relate to any transaction or potential transaction with us (collectively, the "Services"), including, but not limited to the following Documents: (1) this Disclosure and Consent; (2) any Unsecured Promissory Note with us and any related Unsecured Promissory Note Truth in Lending Disclosure or Arbitration Clause; (3) disclosures and Terms of Use on our website; (4) any electronic payment authorization you give us; (5) our privacy policies and notices, including notices under the California Consumer Privacy Act; (6) any adverse action notice, risk-based pricing notice or other disclosure required by federal, state or local law (including disclosures under the federal Truth in Lending Act, the federal Equal Credit Opportunity Act, the federal Electronic Fund Transfer Act, the federal Fair Credit Reporting Act and the financial privacy provisions of the federal Gramm-Leach-Bliley Act); (7) letters, notices, statements or alerts regarding the foregoing that we provide to you relating to any present or future accounts that you establish with us; and (8) any updates to previously listed agreements, notices, disclosures, authorizations, or other notices. As used in this Disclosure and Consent, the word "[Lender," "we," "us" and "our" refers to COUNTY BANK together with its successors, assigns, agents, Bankers Healthcare Group, LLC and service providers, and the words "Borrower," "you," and "your" mean each person accessing Services with or through us. Requesting Paper Delivery of Documents You have the right to request a paper copy of Documents, however, after signing this Disclosure and Consent, I lender will not provide you with paper (non-electronic) copies of any Documents unless specifically requested by you. To request paper copies of any Documents, please contact us by either email at [email protected], telephone at 1-856-237-4664, or regular mail at Bankers Healthcare Group, LLC, 201 Solar Street, Syracuse, NY, 13204. Be sure to specifically state what Documents you are requesting (Disclosures, notices, etc.). I lender will not charge you a fee for paper copies of Documents. Hardware and Software System Requirements to Access and Retain Information To receive and retain an electronic copy of a Document you must, at a minimum, have the following equipment and software: • A recent generation computer, mobile device, tablet, or similar device with Internet access; • a widely used, recent-generation web browser (for example, Microsoft Edge, Safari, Google Chrome or Firefox); • a program capable of opening portable document format files (.PDF) (e.g., Adobe Acrobat Reader); • a valid e-mail address with email software to communicate with us electronically; • a minimum screen resolution of 1024 x 768; • enabled security settings that allow per session cookies; and Users accessing the Internet behind a Proxy Server must enable HTTP/1.1 settings via proxy connections; and • either a printer hard drive with sufficient storage or other storage device/means to print or store the Documents; If you are accessing the Mobile Application, a recent Apple iOS is required. By signing below, Borrower is confirming that you have access to the necessary software and hardware, have provided us with a current e-mail address, and can receive, open, print, download a copy or otherwise retain a copy of any electronic Document for your records. You are advised to retain a copy of all electronic Documents, as they may not be accessible online or in paper form at a later date. Terms of Consent This Consent and Disclosure covers all Services acquired for or obtained with or through us. Updating Information or Withdrawal of Electronic Acceptance of Disclosures and Notices You may update your information that lender uses to contact you electronically or withdraw your consent to receive statements in electronic form by contacting us by email at [email protected], Telephone at 1-856-237-4664, or regular mail at Bankers Healthcare Group, LLC, 201 Solar Street, Syracuse, NY, 13204. Any withdrawal of your consent to receive electronic Documents will be effective only after we have a reasonable period of time to process your withdrawal. If you withdraw consent, (1) we will no longer be able to do business with you or provide Services to you electronically; (2) you will remain responsible for any amounts that you owe us or that may come due under any agreements or accounts with us; and (3) any other obligations you have under any agreements or accounts with us will remain in full force and effect. Withdrawal will not affect any Documents we provided to you prior to your withdrawal, and we will send any required further Documents in paper. We will not impose any fee in connection with any withdrawal of consent or any Document provided in paper form. Signature You agree that an electronic facsimile of your signature or your electronic agreement carries the full legal weight of a written signature. County Bank 19927 Shuttle Rd Rehoboth Beach DE 19971 Federal Law You acknowledge and agree that your consent to electronic Documents is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. Termination / Changes We reserve the right, in our sole discretion, to terminate or change the terms and conditions on which we provide electronic Documents. We will provide you with notice of any such termination or change as required by law. By signing below, Borrower acknowledges receiving and the opportunity to read a completed copy of this Disclosure and Consent and affirmatively consents to the electronic delivery of any Documents that we provide to you relating to your account. [signature] [initials] 11/8/2024 UNSECURED PROMISSORY NOTE Loan No. 10642576 County Bank (the "Lender") 19927 Shuttle Road Rehoboth Beach, DE 19971 Joey R. Reid (Collectionevely and individually known as the "Borrower") Principal Amount Expected Funding Date Maturity Date Annual Interest Rate Loan Number $77,700.00 11/19/2024 11/20/2034 21.49000 % 10642576 In this Unsecured Promissory Note, which includes the Unsecured Promissory Note Truth in Lending Disclosure (the "TIA Disclosures"). The Arbitration Clause in Exhibit A and Lender's privacy policy (collectively, the "Note"). The words "Borrower," "you" and "your" mean, collectively and individually, each Borrower identified above. The words "Lender," "we," "us," and "our" mean the lender identified above and its assignees, assignees and service providers (including, but not limited to, Bankers Healthcare Group, LLC. (BHG). Arbitration Notice: EXHIBIT A IS AN ARBITRATION CLAUSE WHICH WILL APPLY TO YOU UNLESS YOU REJECT IT AS PROVIDED IN EXHIBIT A OR YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT OF SUCH A MEMBER (I.E., A COVERED BORROWER) PROTECTED BY THE FEDERAL MILITARY LENDING ACT. IF APPLICABLE, THE ARBITRATION CLAUSE WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES BETWEEN YOU AND US. FOR EXAMPLE, YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS ACTION RELATING TO MATTERS ARISING UNDER THIS NOTE. PROMISE TO PAY. You hereby promise to pay to Lender, or its Order, in lawful money of the United States of America, the principal sum of Seventy Seven Thousand Seven Hundred DOLLARS And Zero CENTS ($77,700.00) (the "Principal Amount"), together with interest due on the unpaid Principal Amount hereunder and any other fees or charges you owe us as provided for under this Note. The Principal Amount includes the Prepaid Interest, the Origination Fee and, if applicable, the Florida Documentary Stamp Tax. ESTIMATES IN TILA DISCLOSURES If an amount is given to you directly, we had to estimate the Annual Percentage Rate, Finance Charge, Total of Payments and Payment Schedule in the TIA Disclosures above because we did not know exactly when the proceeds of the loan (the "Loan Proceeds") would be disbursed. This estimate is based on the date we expect to electronically transfer the funds to the bank account you designated on the form entitled "Bank Account Information for ACH Funding" during the application process (the "Bank Account") (i.e., the Expected Funding Date), one Business Day as defined below; from the loan date indicated in the signature block below if you complete the transaction before 5:00 p.m. ET. Banking delays or holidays, or delays in making contact with you to verify the provided information may cause the Loan Proceeds to be disbursed later than estimated. INTEREST. This is a loan with a fixed rate. The Annual Interest Rate, stated in the above table, for this Note is applied on a 30/360 basis (i.e., the Annual Interest Rate is divided by 360 and applied as if each month has 30 days, regardless of the number of actual days in a month). You agree to pay us interest as described below. Prepaid Interest. We charge Prepaid Interest on the Principal Amount for the "Interim Period." The Interim Period is the period that begins on the date that we actually disburse the Loan Proceeds to you until the last day of the month in which you execute the Note. The Prepaid Interest is equal to the amount disclosed in the Itemization of Amount Financed in your TILA Disclosures under "Prepaid Finance Charges." The Prepaid Interest is included in the Principal Amount on which we charge interest but is deducted from the amount of the Loan Proceeds that are actually disbursed to you. This means that the amount of the Loan Proceeds to be disbursed to you will be reduced by the amount of the Prepaid Interest and as a result will be a lesser amount than you requested. We will rebate any unearned portion of the Prepaid Interest pursuant to applicable law if you prepay in full. Periodic Interest. We charge Periodic Interest on the outstanding Principal Amount each day starting on the first day after the Interim Period until the date the loan is paid in full. ADDITIONAL PREPAID FINANCE CHARGES. We charge the additional prepaid finance charges indicated below, as applicable, that are due in full at origination and are included in the Principal Amount of your loan. For the purposes of the TILA Disclosures, those prepaid finance charges are disclosed under "Prepaid Finance Charges" in the Itemization of the Amount Financed but are not included in the Amount Financed. You acknowledge that each of the fees below is included in the Principal Amount on which we charge interest. Origination Fee: You agree to pay us a non-refundable origination fee that is equal to 5.00% of the initial principal amount (i.e., the Principal Amount prior to inclusion of the Origination Fee) and indicated in the Itemization of Amount Financed in your TILA Disclosures under "Prepaid Finance Charges." The non-refundable origination fee is included in the Principal Amount, but it does not impact the amount of the Loan Proceeds that are disbursed to you. Florida Documentary Stamp Tax (Florida Residents Only). For Florida residents, the amount of any Florida Documentary Stamp Tax due in connection with your loan is indicated in the Itemization of the Amount Financed in your TILA Disclosures under "Prepaid Finance Charges." If the Florida Documentary Stamp Tax is due, it is included in the Principal Amount but is deducted from the Loan Proceeds. This means that the amount of the Loan Proceeds to be disbursed to you will be reduced by the amount of the Florida Documentary Stamp Tax and as a result will be a lesser amount than you requested. LATE FEE. If any payment is not paid in full within 5 days after its scheduled payment date, you agree to pay a "Late Fee" equal to the lesser of $40.00 or 5.00% of the outstanding amount of the scheduled payment. You authorize us to collect Late Fees by initiating an ACH debit from the Bank Account. Any Late Fee assessed is immediately due and payable. Any payment received by us on a day that is not a Business Day or after 6:00 P.M. Eastern Time, on a Business Day, shall be deemed to have been received on the next Business Day. A "Business Day" is defined as Monday through Friday, excluding federal holidays and any day that banks in Delaware are closed. INSUFFICIENT FUNDS FEE: You agree to pay an "Insufficient Funds Fee" of $20 if an Automatic Payment or check is returned due to insufficient funds in your applicable account or for any other reason as permitted by applicable law. You acknowledge that the bank that holds your applicable account may charge an additional fee. Each attempt to collect a payment is considered a separate transaction, so an Insufficient Funds Fee may be assessed for each failed attempt. For example, if an Automatic Payment or check is returned for Insufficient Funds, we may charge you an Insufficient Funds Fee. If the Automatic Payment or check is submitted for payment again and it is returned again for Insufficient Funds, we may charge you an Insufficient Funds Fee the second time the item was presented for payment and returned for Insufficient Funds. PAYMENT. You will pay regular monthly payments of unpaid principal and accrued interest in the amount of One Thousand Five Hundred Seventy Nine DOLLARS And Fourteen CENTS ($1,579.14) commencing on 12/20/2024, and on the same day of each successive month thereafter until 11/20/2034, by one of the methods described in the paragraph entitled "Payment Options" below. If the monthly payment is due on the 29th, 30th, or 31st of the month, and a payment is required during a month that does not have a 29th, 30th, or 31st day, the monthly payment will be due on the last day of the month in which the payment was due. <table> <tr> <th>NUMBER OF PAYMENT(S)</th> <th>MONTHLY PRINCIPAL AND INTEREST</th> <th>COMMENCING ON</th> </tr> <tr> <td>120</td> <td>$1,579.14</td> <td>12/20/2024</td> </tr> </table> PAYMENT OPTIONS. You can make payments on your loan using any of the following permitted payment methods. We reserve the right to add or remove accepted payment methods at any time. - Automatic Payment (ACH): You may complete the Automatic Payment (ACH) Authorization Form to authorize us to initiate recurring ACH debits from a bank account designated by you in the amount of each payment due on each due date under this Note ("Automatic Payments"). You are not required to authorize Automatic Payments to qualify for a loan. You have the right to stop payment of any Automatic Payment by notifying your financial institution at least three (3) banking days before the scheduled date of the Automatic Payment or you may contact us at 1-866-588-7910 at least three (3) banking days before the scheduled date of the Automatic Payment to stop an Automatic Payment or terminate Automatic Payments generally. - Check Payment: You may make payments by mailing personal checks to County Bank c/o Bankers Healthcare Group, 201 Solar Street, Syracuse, NY 13204. - One-time ACH Payment: You may authorize a one-time electronic fund transfer by ACH debited from a designated bank account by calling 1-866-588-7910. There is no fee for one-time ACH payments. - One-Time Debit Card Payment: You may authorize a one-time electronic fund transfer debited from a designated debit card account by calling 1-866-588-7910. There is no fee for one-time debit card payments. - Other Payment Methods: We may permit you to make payments using other payment methods from time to time. Please call 1-866-588-7910 for more information. APPLICATION OF PAYMENTS. All payments are to be applied first to accrued interest, then the outstanding principal (which includes the Prepaid Interest, the Origination Fee and, if applicable, the Florida Documentary Stamp Tax), and then to the payment of all fees, expenses and other amounts due to us (excluding principal and interest); provided, however, that after an Event of Default (as defined below) and acceleration of your loan by us, payments will be applied to your outstanding obligations as we determine in our sole discretion. PREPAYMENT. You may make prepayments, in whole or in part at any time without penalty; provided, however, that the Origination Fee and Florida Documentary Stamp Tax, if applicable, are earned fully as of the date of the Note and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. ACH CREDIT AUTHORIZATION; ERROR CORRECTION: You authorize us to initiate an automatic ACH credit entry to the Bank Account in the amount described in the Itemization of Amount Financed portion of the TRA Disclosures as the "Amount Given to You Directly" on or after the Expected Funding Date. You also authorize us to initiate ACH debits or credits to the Bank Account as necessary in the event that we make an error in processing an ACH or as otherwise necessary to obtain an accurate balance under this Note. If there is any missing or erroneous information with respect to the Bank Account or the associated financial institution, you authorize us to verify and correct such information. USE OF FUNDS. You agree that the Loan Proceeds will not be used to fund any illegal activity. COLLATERAL. This loan is unsecured. BORROWER'S REPRESENTATIONS, WARRANTIES AND AGREEMENTS. You represent, warrant and agree that all information supplied and statements made by you in any financial, credit or accounting statement or application for credit prior to, contemporaneously with, or subsequent to the execution of this Note are and shall be true, correct, complete, valid and genuine. MILITARY LENDING ACT. The Military Lending Act provides protections for certain members of the Armed Forces and their dependents ("Covered Borrowers"). The provisions of this section apply to Covered Borrowers. If you would like more information about whether you are a Covered Borrower and whether this section applies to you, please contact us at 1-866-588-7910. Statement of MAPR. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an Annual Percentage Rate of 30%. This rate must include, as applicable to the credit transaction or account: (1) the costs associated with credit insurance premiums; (2) fees for ancillary products sold in connection with the credit transaction; (3) any application fee charged (other than certain application fees for specified credit transactions or accounts); and (4) any participation fee charged (other than certain participation fees for a credit card account). Inapplicability of Arbitration Clause and Waiver of Jury Trial: The Arbitration Clause in Exhibit A and the Waiver of Jury Trial below do not apply to Covered Borrowers. Oral Disclosures: Before signing this Note, in order to hear important disclosures and payment information about this Note, please call us toll free at 1-866-508-7910. DEFAULT. We may declare you in default (each, an "Event of Default") of your obligations under this Note if you: (i) fail to pay any amount due under the terms of this Note within thirty (30) days of the date such amount is due; (ii) file or have instituted against you any bankruptcy or insolvency proceedings or make any assignment for the benefit of creditors, (iii) die or become incompetent; (iv) commit fraud or make any material misrepresentation in connection with this Note; (v) fail to abide by the terms of this Note; (vi) default on any note(s) or other agreement(s) you currently have, or any note(s) or agreement(s) you may have in the future, with us; or (vii) if you guarantee, endorse, surety or accommodation party of any of the indebtedness under this Note has instituted against lender any bankruptcy or insolvency proceeding or makes any assignment for the benefit of creditors, dies or becomes incompetent, or revokes or disavows the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Upon the occurrence of an Event of Default, we may exercise all remedies available to us under applicable law, including making demand upon you to immediately pay all amounts due under this Note. You agree to pay all costs of collecting any delinquent payments, including reasonable attorneys' fees, as permitted by applicable law. INTEREST AFTER DEFAULT. Upon the occurrence of an Event of Default, we will continue to charge Periodic Interest on the outstanding Principal Amount as described above until you pay the loan in full. TIME IS OF THE ESSENCE. Time is of the essence hereof. Upon the occurrence of an Event of Default the holder of this Note may exercise all rights and remedies provided for herein, and by law including, but not limited to, the right to make all principal remaining on this Note and all other sums under or in respect of this Note immediately due and payable, without notice of default, presentment or demand for payment, protest or notice of nonpayment or dishonor, or other notices or demands of any kind or character, except as specified herein. TERMINATION. Upon final payment in full of all principal, interest and other amounts due as provided in this Note, this Note shall be deemed cancelled and terminated, except that the Arbitration Clause set forth in Exhibit A hereof shall survive any such cancellation or termination. ASSIGNMENT. You hereby agree that following Note consummation we may, without notice to you, assign this Note as well as all of our rights, title and interest under this Note. You understand, acknowledge and agree that we may sell, assign or transfer all associated documents and information related to this Note without your consent or notice to you. FORM 4506-T: "REQUEST FOR TRANSCRIPT OF TAX RETURN." During the term of this Note, you agree that, upon our request, or the request of our successors or assigns, you will furnish a signed Form 4506-T: "Request for Transcript of Tax Return". Further, you acknowledge and agree that we, and our successors and assigns, have the right to, at our discretion, request and review your Transcript of Tax Return during the term of this loan. REPORTING INFORMATION TO CREDIT BUREAUS; IDENTITY THEFT. We may report information about your loan and this Note to other creditors, other financial institutions and credit bureaus. Late payments, missed payments or other defaults may be reflected in your credit report. You have the right to dispute the accuracy of information we have reported. If you believe that any information that we have reported to a credit bureau is inaccurate, or if you believe that you have been the victim of identity theft in connection with this Note, you should write us at 201 South Street, Syracuse, NY 13204. Also: Fraud/Dispute. Please include your name, address, Loan Number, telephone number and a brief description of the problem. If available please include a copy of the credit report in question. If you believe that you have been the victim of identity theft, you should send us a police report or written statement in a form we provide you alleging that you are the victim of identity theft for a specific debt. AUTOMATIC REMINDERS: We (which, for the purposes of this paragraph includes not only us but also our successors, assigns and service providers, including BHG) may use automated telephone dialing, text messaging systems and electronic mail to provide messages to you about scheduled payments, missed payments and other important information regarding this Note or your relationship with us more generally. The telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else. These messages may also be recorded by your answering machine. You give us your permission to call or send a text message to any telephone number you have given us or you give to us in the future and to play pre-recorded messages or send text messages with information about this Note or your relationship with us over the phone. You also give us permission to communicate such information to you by e-mail. You understand that when you receive such calls, texts, or e-mails you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services. You agree that we will not be liable to you for any fees, inconvenience, annoyance or loss of privacy in connection with such calls, texts, or e-mails. You understand that anyone with access to your telephone or email account may listen to or read the messages, notwithstanding our efforts to communicate only with you. If a telephone number(s) you have provided us changes, or if you cease to be the owner, subscriber or primary user of such telephone number(s) you agree to immediately give us notice of such facts so that we may update our records. You agree that this authorization is part of a bargained for exchange that we do not intend to be revocable. To the extent you have a right to revoke this authorization as it relates to automated telephone calls and text messages, you agree to only do so by contacting us at 1-866-538-7910, via email at [email protected], or, with regard to automated text messages from us, by replying "Stop" to any text message that we send to you. GENERAL PROVISIONS. Except as set forth in the Arbitration Clause in Exhibit A hereto, if any part of this Note cannot be enforced, this fact will not affect the rest of the Note. You do not agree or intend to pay, and we do not agree or intend to contract for, charge, collect, take, reserve, or receive (collectively referred to herein as "charge or collect"), any amount in the nature of interest or in the nature of a fee for this loan, which would in any way or event cause us to charge or collect more for this loan than the maximum we would be permitted to charge or collect by federal law or applicable state law. Any such excess or partial payment is not permitted and shall, instead of anything stated to the contrary, be refunded to you. We may delay or forgo enforcing any of our rights or remedies under this Note without losing them. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as Lender or Borrower, shall be released from liability. The terms of this Note shall be binding upon you, and upon your heirs, personal representatives, successors and assigns and shall inure to the benefit of us and our successors and assigns. MISCELLANEOUS. You and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, hereby waive presentment, demand for payment, notice of non-payment, protest, notice of disaffort and all other notices or demands whatsoever, and hereby consents that without notice to and without releasing the liability of any party, the obligations evidenced by this Note may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised settled or released by us. Notices to you will be mailed to the addresses provided by you. ENTIRE AGREEMENT. This Note represents the entire agreement between you and us. Any modifications must be in writing and signed by both you and us. GOVERNING LAW. THE TERMS OF THIS NOTE AND ANY DISPUTES RELATING TO THIS NOTE SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF THE STATE OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. This Note has been accepted by Lender in the State of Delaware. CONSENT TO JURISDICTION. Except for Claims that are arbitrated pursuant to the Arbitration Clause in Exhibit A hereto or as required by applicable law, you and we agree that any legal action or proceeding concerning this Note or any of the obligations of the parties will be brought in a court of competent jurisdiction located in Sussex County, Delaware. By the execution of this Note, you waive any claim that Sussex County, Delaware is not a convenient forum or proper venue for any such suit action or proceeding. WAIVER OF JURY TRIAL. Unless you are a Covered Borrower protected by the Federal Military Lending Act, you give up any right you may have to a trial by jury in any lawsuit by us against you or by you against us in any matter arising out of the loan and/or the terms and conditions contained in this Note. NOTICES AND SPECIAL PROVISIONS. Important Information About Procedures for Opening a New Account To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. All Borrowers, including California/New York/Rhode Island/Utah/Vermont Residents: You give us and our agents, successors and assigns permission to access your credit report in connection with any transaction, or extension of credit, and on an ongoing basis, for the purpose of reviewing this Note, taking collection action on this Note, or for any other legitimate purposes associated with this Note. Upon your request, you will be informed of whether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. All Borrowers, Including Iowa, Maine, Missouri, Nebraska, Oregon, Texas, Utah and Washington Residents: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify. This written loan agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. All Borrowers, including Iowa and Kansas Residents: NOTICE TO CONSUMER: 1. Do not sign this Contract before you read it. 2. You are entitled to a copy of this Contract. 3. You may prepay the unpaid balance at any time without penalty. California Residents: A married applicant may apply for a separate account. Maryland Residents: To the extent, if any, that Maryland law applies to this Note, we elect the Credit Grantor Closed-End Credit Provisions in T.Tc 12, Subtitle 10 of the Commercial Law Code as the applicable Maryland law. Massachusetts Residents: Massachusetts law prohibits discrimination based upon marital status or sexual orientation. New Hampshire Residents: (1) You or your attorney may file a complaint with the New Hampshire Commissioner of Banking State of New Hampshire Banking Department, 53 Regional Drive. Suite 200. Concord NH 03301. Instructions for filing complaints can be found on the Commissioner's website at http://www.nh.gov/bank/regulatory-assistance/complaint.htm. (2) You shall be awarded reasonable attorney's fees if you prevail in any legal action you bring against us or we bring against you. If you successfully assert a partial defense, set-off or counterclaim against us in an action we bring against you, the court or arbitrator may withhold from us the entire amount or such portion of the attorney's fees as it considers equitable. New Jersey Residents: (1) The section headings of this Note are a table of contents and not contract terms. (2) Borrower agrees to pay our reasonable attorney's fees, up to 20% of outstanding principal and interest, paid in the collection of this Note to an attorney who is not our employee. (3) No provision of this Note is void, unenforceable or inapplicable by virtue of language to the effect that such provision only applies to the extent permitted (or not prohibited) by applicable law. Such language does not apply to New Jersey residents. Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. Wisconsin Residents: If Borrower is married. (1) Borrower confirms that the loan is being incurred in the interest of Borrower's marriage or family. (2) No provision of any marital property agreement, unilateral agreement, or court decree under Wisconsin's Marital Property Act will adversely affect a creditor's interest unless prior to the time credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree. (3) If the loan for which Borrower is applying is granted and Borrower has a spouse who needs to receive notification that credit has been extended to Borrower, Borrower must notify us at the Notice Address Alln. Wi Notice with Borrower's Loan Number and the name and address of Borrower's spouse to Bank at 19027 Shullie Road, Ruselotth Beach, DE 19971. PRIOR TO SIGNING THIS NOTE, YOU READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE ARBITRATION CLAUSE IN EXHIBIT A AND THE TILA DISCLOSURES. YOU AGREE TO THE TERMS OF THE NOTE. YOU ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS NOTE, THE TILA DISCLOSURES AND OUR PRIVACY NOTICE. [signed] Joey R. Reid Date 11/3/2024 Harbors Healthcare Group, LLC Plaintiff, v. Judy G. Reid Defendant(s) AFFIDAVIT STATE OF NEW YORK COUNTY OF UNONDAIGA The undersigned states as follows: 1. I am over 18 years old and being sued to make this Affidavit I am a Custodian of Records, authorized Officer and employee of Harbors Healthcare Group, LLC. I am duly authorized to make this Affidavit and because of the nature of my place of residence, I am familiar with the matters and method by which a PI shall maintain its records, including such records, including computer records or otherwise, in detail. 2. These books and records, including specifically Promissory Note Loan Agreement, were made in the course of regularly conducted business activity. I have no reason to believe that they purport to be voluntarily created by a person with knowledge of the facts and events or simply a computer or other similar digital means, which is contemporaneous records and contains it accurately. 3. The content of this Affidavit above is based upon the records and documents maintained on records at the premises for which Plaintiff maintains its business books and records. 4. The books and records of Plaintiff show that Defendant signed a Promissory Note Loan Agreement payable to the Plaintiff named Plaintiff, an approximate amount $1, for the purpose of obtaining funds thereof, and did thereafter accept and authorize the acceptance of said funds. 5. Further, the Defendant has failed to timely recent payment to the Plaintiff owed Plaintiff and producing or impacted in accordance with the terms of the Promissory Note Loan Agreement, and is therefore in default thereof. After all credits and setoffs to which Defendant is entitled, there is a total balance owing from Defendant to Plaintiff of $[insert amount] plus all costs and attorney fees incurred in the course of collection, plus per Remittance Interest to date, or at interest rate allowed by contract or statute. 6. The above named Plaintiff is the current holder and/or assignee and payer of the Promissory Note Loan Agreement. 7. The books and records of Plaintiff show that on he has been agreed to Defendant for all past and present payments, apparently, according to the date issued, and these are in accordance herewith: The Promissory Note Loan Agreement as set forth in Plaintiff's Complaint was reasonable and fair. 3. Demand for payment of the balance owing was made more than thirty (30) days prior to making this Affidavit, which the attorney representing the above named I.P., will/ were retained for the purpose ofcollection on the Promissory Note Loan Agreement attached I have 4. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment. Date: 05/11/98 Affiant Name Printed: [illegible] Affiant Name Signature: [illegible] [Signature of Affiant] [illegible] Personally known to me, sworn to, and subscribed before me, a Notary public for the State of New York, County of Onondaga, this 11th day of May 1998. [illegible] Witness Notary Registration Number My Commission Expires