BANCFIRST v. TIMOTHY SHANE HORNER

IN THE DISTRICT COURT IN AND FOR CRAIG COUNTY STATE OF OKLAHOMA BANCFIRST, an Oklahoma banking corporation, v. TIMOTHY SHANE HORNER, Plaintiff, Defendant. Case No. CJ-21-36 PETITION COMES NOW the Plaintiff and for its cause of action against the Defendant, alleges and states: 1. Plaintiff, BANCFIRST, is a banking corporation duly organized under the laws of the State of Oklahoma, and it or its predecessor was at all times hereinafter stated, authorized to transact business in the State of Oklahoma. 2. Defendant, TIMOTHY SHANE HORNER, is believed to be a resident of Jasper County, Missouri and executed the loan transaction referenced herein in Craig County, Oklahoma. 3. This Court has both jurisdiction and venue for this cause of action. 4. On or about January 3, 2022, Defendant, TIMOTHY SHANE HORNER ("HORNER"), for good and valuable consideration, made, executed and delivered to Plaintiff, BANCFIRST, a promissory note ("Note #1319932607"), in writing, promising and agreeing to pay to the holder thereof the sum of $45,508.07, with interest thereon at the rate of 7.894% per annum pursuant to the terms of said Note on the unpaid balance, with payment of the entire principal balance plus accrued interest due and payable in 60 months from the date of the Note. Further, to secure performance of Note #1319932607, HORNER executed a Security Agreement by which he granted Plaintiff a security interest in the following property ("Collateral"), to-wit: 2015 FREIGHTLINER CONVENTIONAL GL VIN: 3ALXA7002FDGH5954 A true copy of said Note, Disclosure and Security Agreement is attached hereto, marked Exhibit "A", and made a part hereof, as if incorporated herein in full. 5. That the Defendant filed bankruptcy in Case Number 23-10973-M in the United States Bankruptcy Court for the Northern District of Oklahoma but executed a Reaffirmation Agreement as to the debt sued upon which was dated October 16, 2023 and is attached hereto, marked Exhibit "B", and made a part hereof, as if incorporated herein in full. 6. That the property is wrongfully detained by Defendant. 7. That the property was not taken in execution on any order or judgment against Plaintiff, or for the payment of any tax, fine, amercement assessed against said Plaintiff or by virtue of an order of delivery issued in replevin or any other mesne or final process issued against said Plaintiff. 8. That the Plaintiff is entitled to possession of the Collateral. 9. That Defendant has threatened or may attempt to conceal or relocate the Collateral in order to prevent Plaintiff from repossessing said Collateral. 10. That the Plaintiff perfected a lien against the Collateral with Service Oklahoma on January 3, 2022, which is unreleased and remains a valid lien upon the Collateral. 11. The Plaintiff is the present owner and holder of said Note, Security Agreement, and Lien. 12. By the terms and conditions of said Note #1319932607 now owned by the Plaintiff, it is specifically provided that in the event of default in the payment due under said Note, the entire amount outstanding, less unearned interest, shall at once become due and payable at the option of the Note holder. 13. Defendant, HORNER, has failed to pay Note #1319932607 when due, despite demand by the Plaintiff, and is therefore in default under the Note and Security Agreement. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 14. Plaintiff further states that said payment was due, according to the terms of said Note #1319932607, which said payment has not been made; no subsequent payment has been made, and Plaintiff, as the owner and holder of said Note #1319932607, has elected to declare the entire balance due and payable; there is now due on said Note the total sum of $15,829.47 as of March 25, 2026, and a per diem of $3.356715008 thereafter, and as adjusted until paid as provided for in said Note. Plaintiff has demanded the payment of the same but the Defendant has failed, refused and neglected to pay such amounts due. 15. Plaintiff further states that by reason of the default of said Defendant, the conditions of said Note and Security Agreement have been broken; that the whole amount of the indebtedness thereby secured has matured and is now due and payable, together with interest thereon. 16. Plaintiff is entitled to a reasonable attorney's fee, and its other reasonable costs of collection under the terms of the Note and Security Agreement and under 12 OS §936. 17. The creditor signed has employed the below law firm to collect the amount of debt, together with any other costs and expenses allowed under the note and security agreement. Pursuant to Title 15 V.S.C.A. §1692(g), Fair Debt Collection Practices Act, if applicable, unless the person or entity responsible for the payment of the above debt, within thirty (30) days after receipt of this notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid; and if said person or entity notifies the undersigned attorney for Plaintiff in writing within said thirty (30) day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debt and a copy of such verification will be mailed to said person or entity by the undersigned attorney for Plaintiff; and upon written request by you within the thirty (30) day period, the undersigned attorney for Plaintiff will provide the name and address of the original creditor, if different from the current creditor. This action is in compliance with any applicable portion of the Fair Debt Collection Practices Act. This is an attempt to collect a debt and any information obtained will be used for that purpose. WHEREFORE, premises considered, Plaintiff prays: That it have judgment on its first cause of action of and from the Defendant, HORNER, on Note #1319932607 in the principal sum of $15,829.47 as of March 25, 2026, and a per diem of $3.356715008 and as adjusted until paid, preservation expenses, and a reasonable attorney's fee as provided for in said Note and that this Court issue an order for the immediate delivery of the Collateral to the Plaintiff; That this Court render judgment in favor of the Plaintiff against the Defendant, HORNER, for the possession of the "Collateral" described herein decreeing that Plaintiff's interests in the Collateral is senior to the interest of the Defendant, and authorizing the replevin and sale of the Collateral at public or private sale, in Plaintiffs discretion; AND for all costs of this action, including a reasonable attorneys' fee; and for such other and further relief as may be just and equitable. Respectfully submitted, THE HARTLEY LAW FIRM, PLLC By: /s/ Travis Hartley Travis Hartley, OBA #20238 177 W. Delaware, P.O. Box 553 Vinita, Oklahoma 74301-0553 918/256-2100 FAX 918/256-2121 Attorneys for Plaintiff VERIFICATION STATE OF OKLAHOMA ) COUNTY OF CRAIG ) SS. Mark Poole, being first duly sworn, upon oath, deposes and says: That I am the President of the Vinita branch of BANCFIRST, Plaintiff, in the above action; that the foregoing pleading is founded upon written instruments, and such instruments are in my possession; that I have read the above and foregoing "Petition", and the matters contained therein are true and correct to the best of my knowledge. BANCFIRST By: Mark Poole SUBSCRIBED AND SWORN to before me this 31 day of March, 2025. Notary Public My Commission Expires: 01/24/27 Commission No: 19000896 OFFICIAL SEAL ASHLEY BEREND NOTARY PUBLIC OKLAHOMA CRAIG COUNTY COMMISSION No. 19000896 EXP. 01/24/27 NOTE, DISCLOSURE AND SECURITY AGREEMENT <table> <tr> <th>Principal $45,508.07</th> <th>Loan Date 01-03-2022</th> <th>Maturity 01-17-2027</th> <th>Loan No 1319932607</th> <th>Call / Coll 6D / 17</th> <th>Account ***</th> <th>Officer ***</th> <th>Initials</th> </tr> <tr> <td colspan="8">References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.<br>Any item above containing “***” has been omitted due to text length limitations.</td> </tr> </table> Borrower: Timothy Shane Horner 245 S Brewer St Vinita, OK 74301-3631 Lender: BANCFIRST Vinita 102 W Illinois Ave PO Box 407 Vinita, OK 74301 (918) 256-7811 <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of my credit as a yearly rate.<br>7.894%</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost me.<br>$9,848.43</th> <th>Amount Financed<br>The amount of credit provided to me or on my behalf.<br>$45,330.57</th> <th>Total of Payments<br>The amount I will have paid after I have made all payments as scheduled.<br>$55,179.00</th> </tr> </table> PAYMENT SCHEDULE. My payment schedule will be 60 monthly payments of $919.65 each, beginning February 17, 2022. PROPERTY INSURANCE. I may obtain property insurance from anyone I want that is acceptable to Lender. SECURITY. I am giving a security interest in 2015 Freightliner Conventional, GL (VIN 3ALXA7002FDGH5954). In addition, collateral securing other loans with Lender may also secure this loan. LATE CHARGE. If a payment is 15 days or more late, I will be charged $27.00. However, Lender may charge the maximum delinquency charge authorized by law as it may be increased during the term of this loan. PREPAYMENT. If I pay off early, I will not be entitled to a refund of the prepaid finance charges, and I will not have to pay a penalty. I will look at my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds. <table> <tr> <th colspan="2">Amount Financed Itemization</th> <th></th> </tr> <tr> <td>Amount paid to me directly:</td> <td>$6,992.04</td> <td></td> </tr> <tr> <td>$6,992.04 Deposited to Checking Account # 1314123365</td> <td></td> <td></td> </tr> <tr> <td>Amount paid to others on my behalf:</td> <td>$38,317.53</td> <td></td> </tr> <tr> <td>Lender may retain a portion of certain of these amounts.<br>$3,056.45 to SYNCHRONY BANK / AMAZON<br>$1,835.78 to SYNCHRONY BANK<br>$1,632.87 to SYNCHRONY BANK<br>$970.23 to AMERICAN EXPRESS<br>$3,486.21 to DISCOVER<br>$1,481.81 to DISCOVER<br>$2,739.79 to COMENITY - HELZBERG DIAMONDS<br>$7,639.08 to CARDMEMBER SERVICES IHG<br>$3,516.49 to Citi Cards<br>$4,904.75 to Comenity-Caesars RewardsVisa<br>$1,857.60 to Credit First USA<br>$3,439.66 to Capital One Quicksilver One Card<br>$461.97 to Capital One Walmart<br>$703.53 to Capital One Walmart<br>$591.31 to Capital One</td> <td></td> <td></td> </tr> <tr> <td>Other Charges Financed:<br>$21.00 Lien Entry Fee to Oklahoma Tax Commission</td> <td>$21.00</td> <td></td> </tr> <tr> <td>Total Financed Prepaid Finance Charges:</td> <td>$177.50</td> <td></td> </tr> <tr> <td>Note Principal:</td> <td>$45,508.07</td> <td></td> </tr> <tr> <td>Prepaid Finance Charges:</td> <td>$177.50</td> <td></td> </tr> <tr> <td>Financed:</td> <td>$177.50</td> <td></td> </tr> <tr> <td>$2.50 Credit Report Fee to Equifax<br>$175.00 Documentation Fee to BancFirst</td> <td></td> <td></td> </tr> <tr> <td>Amount Financed:</td> <td>$45,330.57</td> <td></td> </tr> </table> Principal Amount: $45,508.07 Interest Rate: 7.740% Date of Agreement: January 3, 2022 PROMISE TO PAY. I ("Borrower") promise to pay to BANCFIRST ("Lender"), or order, in lawful money of the United States of America, the principal amount of Forty-five Thousand Five Hundred Eight & 07/100 Dollars ($45,508.07), together with interest on the unpaid principal balance from January 3, 2022, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 7.740% per annum, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. I will pay this loan in 60 payments of $919.65 each payment. My first payment is due February 17, 2022, and all subsequent payments are due on the same day of each month after that. My final payment will be due on January 17, 2027, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to any escrow or reserve account payments as required under any mortgage, deed of trust, or other security instrument or security agreement securing this Note; then to principal; then to any late charges; and then to any unpaid collection costs. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. All payments must be made in U.S. dollars and must be received by Lender consistent with any written payment instructions provided by Lender. If a payment is made consistent with Lender's payment instructions but received after 5:00 PM on a business day, or received any time on a weekend, or received any time on a legal public holiday, Lender will credit my payment on the next business day. INTEREST CALCULATION METHOD. Interest on this Agreement is computed on a 365/365 simple interest basis; that is, by applying the ratio of the interest rate over the number of days in a year (366 during leap years), multiplied by the outstanding principal balance, multiplied by the NOTE, DISCLOSURE AND SECURITY AGREEMENT Loan No: 1319932607 (Continued) Page 2 actual number of days the principal balance is outstanding. All interest payable under this Agreement is computed using this method. PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to me upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: BANCFIRST, Vinita, 102 W Illinois Ave, PO Box 407, Vinita, OK 74301. LATE CHARGE. If a payment is 15 days or more late, I will be charged $27.00. However, Lender may charge the maximum delinquency charge authorized by law as it may be increased during the term of this loan. INTEREST AFTER DEFAULT. If Lender declares my entire loan immediately due after a default, or upon final maturity, then the total sum due under this Agreement will accrue interest from the date of acceleration or maturity at the interest rate under this Agreement until paid in full. PROPERTY DESCRIPTION. The word "Property" as used in this Agreement means the following described property in which I am giving to Lender a security interest for the payment of the Indebtedness and performance of all other obligations under this Agreement: 2015 Freightliner Conventional, GL (VIN 3ALXA7002FDGH5954) In addition, the word "Property" also includes all the following: (A) All accessions, attachments, accessories, replacements of and additions to any of the property described herein (such as tires or batteries attached to a car, a motor attached to a boat, or appliances and fixtures attached to a mobile home), whether added now or later. (B) All products and produce of any of the property described in this Property section. (C) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the property described in this Property section. (D) All proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the property described in this Property section, and sums due from a third party who has damaged or destroyed the Property or from that party's insurer, whether due to judgment, settlement or other process. (E) All records and data relating to any of the property described in this Property section, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of my right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media. Despite any other provision of this Agreement, Lender is not granted, and will not have, a nonpurchase money security interest in household goods, to the extent such a security interest would be prohibited by applicable law. In addition, if Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of me to Lender, then this Agreement shall not secure additional loans or obligations unless and until such notice and all material Truth-in-Lending disclosures are delivered. CROSS-COLLATERALIZATION. In addition to the loan covered by this Agreement, this Agreement secures all amounts I owe to Lender, whether owed now or later. This means that every loan I have now or obtain later with Lender is secured by this Agreement. This Agreement also secures all other amounts and obligations that I may owe to Lender (such as an overdraft on a checking account). However, this Agreement shall not secure any additional loans or obligations if doing so would cause such additional loan or obligation to be subject to the limitations on consumer credit extended to service members, their spouses, and their dependents as provided in 10 U.S.C. Section 987 and its implementing regulations. GRANT OF SECURITY INTEREST. To secure payment of the Indebtedness and performance of my obligations under this Agreement, I grant to Lender a security interest in all the Property described above. I understand that the following statements set forth my responsibilities, as well as Lender's rights, concerning the Property. I agree as follows: REPRESENTATIONS AND PROMISES WITH RESPECT TO THE PROPERTY. I represent and promise to Lender that: Ownership. I am the lawful owner of the Property. The Property is free and clear of all loans, liens, security interests, mortgages, claims, and encumbrances except for those I have disclosed to Lender in writing prior to my signing this Agreement. I agree to defend Lender's rights in the Property against the claims and demands of all persons. I will not allow any other liens on the Property, even if they are junior to Lender's lien. No Sale. Without Lender's prior written consent, I will not sell, lease, transfer, borrow against, or otherwise dispose of any of my rights in the Property unless and until all the Indebtedness is paid in full. Location of the Property. Except for vehicles, I agree to keep the Property at my address shown above unless Lender tells me I can move it. If the Property is a vehicle, I will keep the Property at those addresses except for routine travel. I will not do anything that requires applying for a certificate of title for the vehicle in another state. If I move from my address shown above to another location within the same state, I may move the Property to my new address, but only if I give Lender the new address in writing prior to my moving. In any event, I agree to keep Lender informed at all times of my current address. Maintenance and Insurance. I will keep the Property in good condition and repair. If the Property is damaged, lost or stolen, I immediately will inform Lender. I will keep the Property fully insured against all loss or damage by fire, theft, collision, and such other hazards as Lender may require from time to time. The insurance will be on terms, including deductible provisions and endorsements, that are satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender and not including any disclaimer of the insurer's liability for failure to give such notice. I understand I may obtain insurance from any insurance company I may choose that is reasonably acceptable to Lender. I will provide Lender with the original insurance policy, or other proof satisfactory to Lender of the insurance coverage, together with all endorsements required by Lender, including an endorsement naming Lender as the party to whom all losses will be paid. Inspection. I agree that Lender or Lender's agents shall have the right from time to time to inspect the Property wherever located. Financing Statements. I authorize Lender to file a UCC financing statement, or alternatively, a copy of this Agreement to perfect Lender's security interest. At Lender's request, I additionally agree to sign all other documents that are necessary to perfect, protect, and continue Lender's security interest in the Property. I will pay all filing fees, title transfer fees, and other fees and costs involved unless prohibited by law or unless Lender is required by law to pay such fees and costs. I irrevocably appoint Lender as my attorney-in-fact to execute lien entry forms and documents necessary to transfer title if there is a default. Lender may file a copy of this Agreement as a financing statement. I will promptly notify Lender of any change to my name or the name of any individual Grantor, any individual who is a partner for a Grantor, and any individual who is a trustee or settlor or trustor for a Grantor under this Agreement. I will also promptly notify Lender of any change to the name that appears on the most recently issued, unexpired driver's license or state-issued identification card, any expiration of the most recently issued driver's license or state-issued identification card for me or any individual for whom I am required to provide notice regarding name changes. LENDER'S EXPENDITURES. If I fail (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on my behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under this Agreement or at the highest rate authorized by law, from the date incurred or paid by Lender to the date of repayment by me. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of this Agreement and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of this Agreement; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Agreement also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. If Lender is required by law to give me notice before or after Lender makes an expenditure, I agree that notice sent by regular mail at least five (5) days before the expenditure is made or notice delivered two (2) days before the expenditure is made is sufficient, and that notice within sixty (60) days after the expenditure is made is reasonable. DEFAULT. I will be in default if any of the following happens: Payment Default. I fail to make any payment when due under this Agreement. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Agreement or in any agreement related to this Agreement, or in any other agreement or loan I have with Lender. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. I die or become incompetent or insolvent, a receiver is appointed for any part of my property, I make an assignment for the benefit of creditors, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Agreement is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Insecurity. Lender in good faith believes itself insecure. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party or any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the indebtedness evidenced by this Note. Cure Provisions. If any default, other than a default in payment, is curable and if I have not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured if, after Lender sends written notice to me demanding cure of such default: (1) cure the default within twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. I may keep and use the Property so long as I am not in default under this Agreement. If I am in default, this is what Lender may do, in addition to any other rights Lender may have: Accelerate Indebtedness. Lender may declare all Indebtedness immediately due and payable, without notice. Other Rights and Remedies. In addition, Lender will have all the rights of a secured party under the Uniform Commercial Code and other applicable law. This means, among other rights, that Lender may enter upon the premises at the address shown above and take the Property peaceably and sell it. Lender may also, to the extent permitted by law, enter peaceably upon other premises for the purpose of retaking the Property, and I consent to such entry. If the Property contains any goods not covered by this Agreement at the time of repossession, I agree that Lender may take such goods, provided that Lender makes reasonable efforts to return them to me after repossession. If Lender asks me to do so, I will gather the Property and make it available to Lender at a place reasonably convenient to both Lender and me. Application of Proceeds. If Lender sells the Property, Lender will apply the "net proceeds" of the sale to reduce the amount owed Lender. "Net proceeds" means the sale price less the expenses of repossession, repair, sale, and as provided below, attorneys' fees and other collection expenses. I agree that, to the extent permitted by law, I will owe Lender any difference between the amount of the Indebtedness and the net proceeds Lender receives from the sale of the Property. Notice. Unless the Property threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender will give me, and other persons as required by law, reasonable notice of the time and place of any public sale or of the time after which any private sale or any other intended disposition of the Property is to be made. The requirements of reasonable notice shall be met if such notice is given at least ten (10) days before the time of the sale or disposition, except as otherwise required by applicable law. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else who is not Lender's salaried employee to help collect this Agreement if I do not pay. I will pay Lender that amount. This includes Lender's attorneys' fees, however not to exceed fifteen percent (15%) of the unpaid debt after default, and Lender's legal expenses, whether or not there is a lawsuit, including without limitation all attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oklahoma without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the State of Oklahoma. DISHONORED ITEM FEE. I will pay a fee to Lender of $25.00 if I make a payment on my loan and the check or other payment order including any preauthorized charge with which I pay is later dishonored. NEGATIVE INFORMATION NOTICE. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. ESCROW REQUIREMENT. Federal regulations and BancFirst require the establishment of an escrow account in relation to some home loans. If your loan is covered, you will open an escrow account at consummation and make scheduled payments to the account. Your property taxes and/or lender required insurance premiums, such as hazard insurance, will be paid from this account.* For more information, please consult your mortgage lender. LENDER'S RIGHTS REGARDING FEES AND CHARGES. The late fee on this loan may increase, but will never be more than the maximum allowed by law. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. I may notify Lender if Lender reports any inaccurate information about my account(s) to a consumer reporting agency. My written notice describing the specific inaccuracy(ies) should be sent to Lender at the following address: BANCFIRST, Vinita, 102 W Illinois Ave, PO Box 407, Vinita, OK 74301. GENERAL PROVISIONS. If any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. I and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral, or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Agreement are joint and several. This means that the words "I", "me", and "my" mean each and all of the persons signing below. DEFINITIONS. The following words shall have the following meanings when used in this Agreement: Agreement. The word "Agreement" means this Note, Disclosure and Security Agreement, as this Note, Disclosure and Security Agreement may be amended or modified from time to time, together with all exhibits and schedules attached to this Note, Disclosure and Security Agreement from time to time. Borrower. The word "Borrower" means Timothy Shane Horner, and all other persons and entities signing the Note. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which I am responsible under this Agreement or under any of the Related Documents. Lender. The word "Lender" means BANCFIRST, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note. Note. The word "Note" means the note or credit agreement dated January 3, 2022, in the principal amount of $45,508.07 from Timothy Shane Homer to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for the note or credit agreement. Property. The word "Property" means all of my right, title and interest in and to all the Property as described in the "Property Description" section of this Agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. PRIOR TO SIGNING THIS AGREEMENT, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. I AGREE TO THE TERMS OF THE AGREEMENT. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS NOTE, DISCLOSURE AND SECURITY AGREEMENT. BORROWER: X ________________________________ Timothy Shane Homer Signed: Jan 03, 2022 9:54 AM CST Official Form 427 Cover Sheet for Reaffirmation Agreement Part 1: Explain the Repayment Terms of the Reaffirmation Agreement 1. Who is the creditor? BancFirst Name of the creditor 2. How much is the debt? On the date that the bankruptcy case is filed $ 33,699.23 To be paid under the reaffirmation agreement $ 34,699.23 $ 919.65 per month for 42 months (If fixed interest rate) 3. What is the Annual Percentage Rate (APR) of interest? (See Bankruptcy Code § 524(k)(a)(c).) Before the bankruptcy case was filed 7.74% Under the reaffirmation agreement 7.74% ☐ Fixed rate ☒ Adjustable rate 4. Does collateral secure the debt? ☒ No ☑ Yes. Describe the collateral. 2015 FREIGHTLINER TRUCK Current market value $ 81,800.00 5. Does the creditor assert that the debt is nondischargeable? ☑ No ☐ Yes. Attach an explanation of the nature of the debt and the basis for contending that the debt is nondischargeable. 6. Using Information from Schedule I: Your Income (Official Form 106I) and Schedule J: Your Expenses (Official Form 106J), fill in the amounts. Income and expenses reported on Schedules I and J Sa. Combined monthly income from line 12 of Schedule I $ 4,222.80 6b. Monthly expenses (from line 22c of Schedule J) $ 4,024.65 6c. Monthly payments on all reaffirmed debts not listed on Schedule J $ 0.00 6d. Scheduled net monthly Income $ 198.15 Subtract lines 6b and 6c from 6a. If the total is less than 0, put the number in brackets. Income and expenses stated on the reaffirmation agreement 6a. Monthly income from all sources after payroll deductions $ 4,222.80 6f. Monthly expenses $ 4,024.65 6g. Monthly payments on all reaffirmed debts not included in monthly expenses $ 0.00 6h. Present net monthly income $ 198.15 Subtract lines 6f and 6g from 6a. If the total is less than 0, put the number in brackets. Debtor 1 TIMOTHY SHANE HORNER Case number (if known) 23-10973-M 7. Are the income amounts on lines 6a and 6b different? □ No ☒ Yes. Explain why they are different and complete line 10. 8. Are the expense amounts on lines 6b and 8f different? □ No ☒ Yes. Explain why they are different and complete line 10. 9. Is the net monthly income in line 8h less than 0? ☒ No □ Yes. A presumption of hardship arises (unless the creditor is a credit union). Explain how the debtor will make monthly payments on the reaffirmed debt and pay other living expenses. Complete line 10. 10. Debtor's certification about lines 7-9 If any answer on lines 7-9 is No, the debtor must sign here. If all the answers on lines 7-9 are No, go to line 11. I certify that each explanation on lines 7-9 is true and correct. Signature of Debtor 1 Signature of Debtor 2 (Spouse Only in a Joint Case) 11. Did an attorney represent the debtor in negotiating the reaffirmation agreement? ☐ No ☒ Yes. Has the attorney executed a declaration or an affidavit to support the reaffirmation agreement? ☐ No ☒ Yes Part 2: Sign Here Whoever fills out this form must sign here. I certify that the attached agreement is a true and correct copy of the reaffirmation agreement between the parties identified on this Cover Sheet for Reaffirmation Agreement. Signature Date 10/13/2023 MM / DD / YYYY Randall Vaughan Printed Name Check one: ☐ Debtor or Debtor's Attorney ☒ Creditor or Creditor's Attorney UNITED STATES BANKRUPTCY COURT Northern District of Oklahoma TIMOTHY SHANE HORNER In re ________________________________. Debtor Case No. 23-10973-M Chapter 7 REAFFIRMATION DOCUMENTS Name of Creditor: BANCFIRST [ ] Check this box if Creditor is a Credit Union PART I. REAFFIRMATION AGREEMENT Reaffirming a debt is a serious financial decision. Before entering into this Reaffirmation Agreement, you must review the important disclosures, instructions, and definitions found in Part V of this form. A. Brief description of the original agreement being reaffirmed: Truck loan B. AMOUNT REAFFIRMED: $_________________________ 34,699.23 The Amount Reaffirmed is the entire amount that you are agreeing to pay. This may include unpaid principal, interest, and fees and costs (if any) arising on or before 09/25/2023, which is the date of the Disclosure Statement portion of this form (Part V). See the definition of "Amount Reaffirmed" in Part V, Section C below. C. The ANNUAL PERCENTAGE RATE applicable to the Amount Reaffirmed is __________ 7.7400 %. See definition of "Annual Percentage Rate" in Part V, Section C below. This is a (check one) [✓] Fixed rate [ ] Variable rate If the loan has a variable rate, the future interest rate may increase or decrease from the Annual Percentage Rate disclosed here. D. Reaffirmation Agreement Repayment Terms (check and complete one): [✓] $919.65 per month for 42 months starting on 09/17/2023 ☐ Describe repayment terms, including whether future payment amount(s) may be different from the initial payment amount. E. Describe the collateral, if any, securing the debt: Description: 2015 FREIGHTLINER TRUCK Current Market Value $81,800.00 F. Did the debt that is being reaffirmed arise from the purchase of the collateral described above? ☐ Yes. What was the purchase price for the collateral? $ [✓] No. What was the amount of the original loan? $48,508.07 G. Specify the changes made by this Reaffirmation Agreement to the most recent credit terms on the reaffirmed debt and any related agreement: Term as of the Date of Bankruptcy Terms After Reaffirmation Balance due (including fees and costs) $33,699.23 $34,699.23 Annual Percentage Rate 7.7400 % Monthly Payment $919.65 $919.65 H. ☐ Check this box if the creditor is agreeing to provide you with additional future credit in connection with this Reaffirmation Agreement. Describe the credit limit, the Annual Percentage Rate that applies to future credit and any other terms on future purchases and advances using such credit: PART II. DEBTOR'S STATEMENT IN SUPPORT OF REAFFIRMATION AGREEMENT A. Were you represented by an attorney during the course of negotiating this agreement? Check one. [✓] Yes ☐ No B. Is the creditor a credit union? Check one. ☐ Yes [✓] No Form 2400A, Reaffirmation Documents C. If your answer to EITHER question A. or B. above is "No," complete 1. and 2. below. 1. Your present monthly income and expenses are: a. Monthly income from all sources after payroll deductions (take-home pay plus any other income) $ 4,222.80 b. Monthly expenses (including all reaffirmed debts except this one) $ 3,105.00 c. Amount available to pay this reaffirmed debt (subtract b. from a.) $ 1,117.80 d. Amount of monthly payment required for this reaffirmed debt $ 919.65 If the monthly payment on this reaffirmed debt (line d.) is greater than the amount you have available to pay this reaffirmed debt (line c.), you must check the box at the top of page one that says "Presumption of Undue Hardship." Otherwise, you must check the box at the top of page one that says "No Presumption of Undue Hardship." 2. You believe that this reaffirmation agreement will not impose an undue hardship on you or your dependents because: Check one of the two statements below, if applicable: [✓] You can afford to make the payments on the reaffirmed debt because your monthly income is greater than your monthly expenses even after you include in your expenses the monthly payments on all debts you are reaffirming, including this one. [ ] You can afford to make the payments on the reaffirmed debt even though your monthly income is less than your monthly expenses after you include in your expenses the monthly payments on all debts you are reaffirming, including this one, because: Use an additional page if needed for a full explanation. D. If your answers to BOTH questions A. and B. above were "Yes," check the following statement, if applicable: [ ] You believe this Reaffirmation Agreement is in your financial interest and you can afford to make the payments on the reaffirmed debt. Also, check the box at the top of page one that says "No Presumption of Undue Hardship." PART III. CERTIFICATION BY DEBTOR(S) AND SIGNATURES OF PARTIES I hereby certify that: (1) I agree to reaffirm the debt described above. (2) Before signing this Reaffirmation Agreement, I read the terms disclosed in this Reaffirmation Agreement (Part I) and the Disclosure Statement, Instructions and Definitions included in Part V below; (3) The Debtor's Statement in Support of Reaffirmation Agreement (Part II above) is true and complete; (4) I am entering into this agreement voluntarily and am fully informed of my rights and responsibilities; and (5) I have received a copy of this completed and signed Reaffirmation Documents form. SIGNATURE(S) (If this is a joint Reaffirmation Agreement, both debtors must sign.): Date 10-13-23 Signature Joint Debtor, if any Reaffirmation Agreement Terms Accepted by Creditor: Creditor BancFirst P.O. Box 407, Vinita, OK 74301 Print Name Randall Vaughan, Attorney Signature Randall Vaughan Date 10/13/2023 PART IV. CERTIFICATION BY DEBTOR'S ATTORNEY (IF ANY) To be filed only if the attorney represented the debtor during the course of negotiating this agreement I hereby certify that: (1) this agreement represents a fully informed and voluntary agreement by the debtor; (2) this agreement does not impose an undue hardship on the debtor or any dependent of the debtor; and (3) I have fully advised the debtor of the legal effect and consequences of this agreement and any default under this agreement. ☐ A presumption of undue hardship has been established with respect to this agreement. In my opinion, however, the debtor is able to make the required payment. Check box, if the presumption of undue hardship box is checked on page 1 and the creditor is not a Credit Union. Date 10/13/23 Signature of Debtor's Attorney Print Name of Debtor's Attorney