Greenwoods Equipment Finance LLC v. Rejuvenate Med Spa Brianna Weathers APRN-CNP, P.L.L.C.

IN THE DISTRICT COURT IN AND FOR JACKSON COUNTY STATE OF OKLAHOMA GREENWOODS EQUIPMENT FINANCE LLC, Plaintiff, v. REJUVENATE MED SPA BRIANNA WEATHERS APRN-CNP, P.L.L.C., and BRIANNA WEATHERS a/k/a BRIANNA MARIE DAVID, Defendants. Case No. CJ 21-40 Judge H211 PETITION COMES NOW the Plaintiff, Greenwoods Equipment Finance LLC ("GEF"), by and through its attorney Scott F. Lehman of the law firm Latham, Keele, Lehman, Ratcliff, Carter & Clarke, P.C., of Tulsa, Oklahoma, and for its causes of action against the Defendants, states and alleges as follows: JURISDICTION 1. GEF is a foreign limited liability company with its principal place of business in Waukesha, State of Wisconsin. 2. Defendant, Rejuvenate Med Spa Brianna Weathers APRN-CNP, P.L.L.C. (hereinafter known as "Rejuvenate"), is a professional limited liability company with its principal place of business in Jackson County, State of Oklahoma. 3. Defendant, Brianna Weathers a/k/a Brianna Marie David (hereinafter known as "Brianna Weathers") is an individual residing in Jackson County, State of Oklahoma. 4. Jurisdiction and venue are properly vested with this Court. COUNT I BREACH OF AGREEMENT 5. GEF re-alleges and incorporates by reference all allegations made in Paragraphs 1-4 herein and further alleges and states the following: 6. On or about August 21, 2022, Brianna Weathers, as managing member of Rejuvenate, for good and valuable consideration, executed a GEF Equipment Finance Agreement ("Agreement") in the amount of $93,221.47, payable in 63 monthly payments of $0.00 for months 1-3 and $1,922.62 for months 4-63. A true and correct copy of the Agreement is attached hereto as Exhibit 1. 7. Rejuvenate has failed to make timely payments pursuant to the terms of the Agreement and is therefore in default. 8. Rejuvenate is indebted to GEF in the amount of $52,671.34, with interest accruing thereon at the Agreement default rate of 18.00% from February 6, 2026, plus costs and attorney’s fees provided for by the terms of the Agreement, and as allowed by law. COUNT II BREACH OF PERSONAL GUARANTY 9. GEF re-alleges and incorporates by reference all allegations made in Paragraphs 1-8 herein and further alleges and states the following: 10. On or about August 21, 2022, as part and parcel of the agreement between GEF and Rejuvenate and to further secure said Agreement, Defendant Brianna Weathers executed a Personal Guaranty personally guaranteeing payment of Rejuvenate’s account in the event of default. A true and correct copy of the Guaranty is attached hereto as Exhibit 1 and made a part hereof. 11. Defendant Brianna Weathers has failed to satisfy the terms and conditions of the Personal Guaranty. 12. GEF has made proper demand for payment, but Defendant Brianna Weathers has failed, refused and/or neglected to satisfy the outstanding balance. 13. Defendant Brianna Weathers is indebted to GEF in the amount of $52,671.34, with interest accruing thereon at the Agreement default rate of 18.00% from February 6, 2026, plus costs and attorney’s fees provided for by the terms of the Agreement, and as allowed by law. 14. Defendant’s failure to perform under the terms of the Personal Guaranty is without legal justification or excuse. 15. Pursuant to the terms of the Personal Guaranty, GEF is entitled to its costs and attorney’s fees for bringing this action as determined by the Court. COUNT III REPLEVIN 16. GEF re-alleges and incorporates by reference all allegations made in Paragraphs 1-15 herein and further alleges and states the following: 17. As part and parcel of the Agreement, and as further inducement to approve the Agreement, Rejuvenate granted GEF a security interest in the following collateral: (1) Triton System See Exhibit 1. 18. On August 25, 2022, GEF perfected its security interest in the collateral by filing a UCC-1 financing statement with the Oklahoma County UCC Central filing office. A true and correct copy of the UCC-1 filing is attached as Exhibit 2. 19. GEF has made proper demand for payment under the terms of the Agreement. 20. Accordingly, GEF is filing this action to recover the collateral pledged by Defendant as security for the Agreement. 21. GEF is entitled to reasonable attorney fees and its other reasonable costs associated in the collection of this matter pursuant to 12 O.S. § 936 and 12 O.S. § 1580. 22. Because of Defendant Rejuvenate's default under the Agreement, GEF has a special ownership or interest in the collateral pledged as security and is entitled to immediate possession of the collateral. 23. Actual value of the collateral is unknown. 24. The collateral has not been taken in execution on any Order or Judgment against GEF or for the payment of any tax, fine or amercement assessed against GEF, or by virtue of an Order of Delivery issued under Chapter 31 of Title 12 of the Oklahoma Statutes, or any mesne or final process issued against GEF; or, if taken in execution on any order or judgment against Plaintiff, that is exempt by law from being so taken. 25. GEF believes that Defendant is in actual or constructive possession of the collateral and that Defendant's possession is subject to the rights of GEF. 26. Defendant has failed to deliver or relinquish possession of the collateral to GEF and is, therefore, wrongfully detaining the collateral. 27. GEF believes that the Defendant may attempt to conceal damage or destroy the collateral or remove it from the state or county and GEF will thereby suffer irreparable harm. GEF is without adequate remedy at law to prevent such harm and injury. 28. GEF hereby requests the issuance of an Order of Delivery for the recovery of the collateral. GEF further requests the Clerk of this Court issue a Notice to be served upon Defendants, which notice shall notify them that: i) an Order of Delivery of the collateral is sought; ii) Defendants have the right to object by written response filed with the Court Clerk and delivered or mailed to GEF’s attorney within (5) days after service of the Petition; and , iii) the Order of Delivery shall be issued by the Clerk in the event no written response is filed within the (5) day period. 29. As a result of Defendants’ failure to comply with the terms of the Agreement and Personal Guaranty, GEF has suffered a loss in the amount of $52,671.34, with interest accruing thereon at the Agreement default rate of 18.00% from February 6, 2026. WHEREFORE, GEF demands: A. That the Clerk of the Court issue the above-described Notice to Defendants; B. That this Court enter a money judgment for GEF and against Defendants Rejuvenate Med Spa Brianna Weathers APRN-CNP, P.L.L.C. and Brianna Weathers a/k/a Brianna Marie David jointly and severally, in the amount of $52,671.34, with interest accruing thereon at the Agreement default rate of 18.00% from February 6, 2026., until paid, plus GEF’s costs, accrued and accruing, and reasonable attorney fees; C. That the Court issue an Order for the immediate delivery of the collateral to GEF; and D. That the Court render judgment in favor of GEF and against Defendants for the possession of the collateral, decreeing that GEF’s interest in the above-described collateral is senior and prior to the interest of Defendants and authorizing the foreclosure of GEF’s security interest in the collateral. Respectfully Submitted, Scott F. Lehman, OBA No. 15908 LATHAM, KEELE, LEHMAN, RATCLIFF, CARTER & CLARKE, P.C. 1515 E. 71st Street, Suite 200 Tulsa, Oklahoma 74136 918.970.2000 918.970.2002 facsimile [email protected] Attorney for the Plaintiff VERIFICATION STATE OF OKLAHOMA ) COUNTY OF TULSA ) ss. I, Scott F. Lehman, of lawful age, being first duly sworn, upon my oath, state that I am an attorney for Plaintiff herein, and do hereby state that I have read the foregoing instrument, that I am familiar with the facts set forth therein, the same being within my personal knowledge, and that they are true and correct to the best of my information and belief. Dated this 18th day of March, 2026. Scott F. Lehman Subscribed and sworn to before me this 16th day of March, 2026. Notary Public My Commission Expires: ELIZABETH MARTIN NOTARY PUBLIC STATE OF OKLAHOMA Commission #06001279 Expires 02/01/30 Equipment Finance Agreement TO OUR VALUED CUSTOMER: In this Equipment Finance Agreement ("Agreement"), when we use the words you and your in this Agreement, we mean you the Debtor, which is the Customer indicated below. When we use the words, we are and our in this Agreement, we mean the Creditor, Greenwoods Equipment Finance LLC. Our address is 3112 Packers Creek Dr., Waushara, WI 53968 <table> <tr> <th colspan="4">CUSTOMER INFORMATION</th> </tr> <tr> <td>REJUVENATE MED SPA BRIANNA WEATHERS APRN-CNP, PLLC</td> <td></td> <td>Agreement Holder</td> <td>Brianna Weathers</td> </tr> <tr> <td>Customer Name<br>916 North Main Street<br>Alfus, Oklahoma 71823</td> <td></td> <td>Key Customer Contact</td> <td>501-370-1117</td> </tr> <tr> <td>Filing Street Address / City / County / State / Zip</td> <td></td> <td>Key Customer Contact Phone Number</td> <td></td> </tr> <tr> <td>Equipment Location (if different than Filing Address)</td> <td>Tax ID Number</td> <td>Supplier is not Creditor's agent nor is Supplier authorized to waive or alter any term or condition of this Agreement</td> <td></td> </tr> <tr> <th colspan="4">SUPPLIER INFO.</th> </tr> <tr> <td colspan="4">Invexx, Inc.<br>17 Hughes<br>Irvine, California 92618</td> </tr> <tr> <th colspan="4">EQUIPMENT INFORMATION</th> </tr> <tr> <td colspan="4">(1.00) Triton System<br>Make/Model/Serial Number</td> </tr> <tr> <th>PAYMENT TERM INFORMATION</th> <th>CASH PRICE (COST) OF EQUIPMENT</th> <th></th> <th></th> </tr> <tr> <td>Term (in Months)<br>63 Months</td> <td>$86,316.12</td> <td>You agree to pay at the time you sign this Agreement. A) Advance Payment: 1 Month(s) = $0.00<br>(Exclusive of applicable taxes)<br>B) One-time Documentation Fee - $199.00<br>C) Total of A and B = $199.00<br>If more than one Payment is required in advance, the additional Payment(s) will be applied to the last payment(s) in reverse order due at the end of the term.</td> <td></td> </tr> <tr> <td>Monthly Payment<br>1.3 @ $0.00<br>4+@ $1,922.62</td> <td></td> <td>Add'l Provisions</td> <td></td> </tr> </table> BY SIGNING THIS AGREEMENT YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS ON THE FRONT AND BACK OF THIS AGREEMENT. (i) YOU AGREE YOU CANNOT TERMINATE OR CANCEL THIS AGREEMENT UNTIL YOU HAVE AN UNCONDITIONAL RIGHT TO FULL PAYMENT DUE UNDER THIS AGREEMENT AND YOU CANNOT WITHHOLD, SET OFF OR REDUCE SUCH PAYMENTS FOR ANY REASON. (ii) YOU WILL USE THE PROCEEDS ONLY FOR BUSINESS PURPOSES. (iii) YOU WARRANT THE PERSON SIGNING THIS AGREEMENT FOR YOU HAS THE AUTHORITY TO DO SO AND TO GRANT THE POWER OF ATTORNEY SET FORTH IN SECTION 7 OF THIS AGREEMENT; (iv) YOU CONFIRM YOU DECIDED TO ENTER INTO THIS AGREEMENT RATHER THAN PURCHASE THE EQUIPMENT AT ITS CASH PRICE; AND (v) YOU AGREE ANY CLAIM RELATED TO THIS AGREEMENT WILL BE GOVERNED BY WISCONSIN LAW AND MAY BE ADJUDICATED IN A STATE OR FEDERAL COURT OR IN WAUSHARA COUNTY, WISCONSIN HAVING SUBJECT MATTER JURISDICTION. YOU HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE IN SUCH COURT, AND WAIVE ANY RIGHT TO TRANSFER VENUE. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY. You agree a photocopy of this agreement, written acknowledgment of this agreement, and signed acceptance of said agreement, shall be deemed as originals. <table> <tr> <th>CREDITOR ACCEPTANCE</th> <th>CUSTOMER SIGNATURE</th> </tr> <tr> <td>Greenwoods Equipment Finance LLC<br>Sarah M. Szymczak<br>Senior Vice President<br>Operations<br>Authentic signature<br>8/24/2022</td> <td>[Signature] Brianna Weathers, APRN<br>Print Name & Title</td> </tr> </table> PERSONAL GUARANTY In consideration of Greenwoods Equipment Finance LLC ("GEF") entering into the Equipment Finance Agreement identified above ("Agreement") between GEF and the Debtor identified above ("Customer", the undersigned individually and collectively referred to herein as "Guarantor") unconditionally and irreversibly guarantees to GEF as principal and wrager, the prompt payment and performance of all obligations of Customer under the Agreement as well as any other obligations Customer may have at any time to GEF or any of its affiliates, arising by reason of the Guarantor being placed on the Account. The Guarantor has not assigned his interest hereunder. The Guarantor represents and warrants that each of them is, and prior to signing this agreement was, qualified to enter into and perform under this guarantee. Guarantor acknowledges and agrees that this guarantee is independent of the Agreement and Customer's obligations thereunder. If Customer fails to fully perform any of its obligations under the Agreement, Guarantor will promptly pay all sums owed and outstanding to GEF under the Agreement. The Guarantor's obligations hereunder shall survive the termination of the Agreement and the completion of all payments and performance under the Agreement. This guarantee is collateral security for and not released unless all obligations of Customer under the Agreement having been satisfied in full. Guarantor represents and warrants that each of them is capable of understanding this agreement, the nature and extent of their liability hereunder, the benefits they will receive, and the consequences of nonperformance. This guarantee may not be discharged, assigned, or transferred without the express written consent of GEF. Guarantor consents to and will be bound by any renewal, extension or other modification of this Agreement. If Customer fails to satisfy any of its obligations to GEF, Guarantor will promptly perform all obligations of Customer under the Agreement including, but not limited to, paying all accounts due under the Agreement. Guarantor represents that GEF will not be adversely affected by the breach or default of Customer under the Agreement. The Guarantor agrees to pay to GEF all expenses, including attorney's fees incurred by GEF to enforce its rights against Guarantor or Customer. The continuing guaranty will not be discharged or affected by Guarantor's death and will bind Guarantor's heirs, personal representatives and assigns. This guaranty is made personally and not as a guaranty for another. Guarantor agrees that Guarantor may be served for any action or proceeding by registered or certified mail addressed to Guarantor at the address set forth above. Guarantor agrees a photocopy or facsimile copy of this personal guaranty, when properly signed, authenticated, or electronically transmitted agreements thereto, shall be deemed as originals. Guarantor acknowledges and agrees that this Guaranty and the Agreement are governed by the laws of the State of Wisconsin. Guarantor and family ANY CLAIM RELATED TO THIS PERSONAL GUARANTY WILL BE GOVERNED BY WISCONSIN LAW AND MUST BE ADJUDICATED IN A STATE OR FEDERAL COURT FOR DE DI WAUSHARA COUNTY, WISCONSIN HAVING SUBJECT MATTER JURISDICTION. GUARANTOR HEREBY CONSENTS TO PERSONAL JURISDICTION AND VENUE IN SUCH COURT AND WAIVES ANY RIGHT TO TRANSFER VENUE. GUARANTOR WAIVES ANY RIGHT TO A TRIAL BY JURY. [Signature] Brianna Weathers 1. EQUIPMENT FINANCE AGREEMENT; EQUIPMENT DELIVERY; PAYMENTS. You have requested that we provide financing to purchase the equipment, personal property, software and related services described herein together with any upgrades, replacements, repairs, and additions will be collectively referred to as "Equipment"). Upon our acceptance and execution of this Agreement, we agree to remit payment for the Equipment directly to the Supplier in consideration of your unconditional obligation as stated herein. You will arrange for the delivery of the Equipment from the Supplier and when you receive the Equipment, you agree to inspect it to determine if it is in good working order. This Agreement will begin on the earlier of (i) the date that we pay the Supplier for the Equipment (even if the Equipment has not yet been delivered) or (ii) the date when the Equipment is delivered to you pursuant to this Agreement ("Effective Date"), and the Equipment will be delivered irrevocably accepted by you upon delivery of the Equipment. If requested by us, you shall provide verbal confirmation of delivery and your acceptance of the Equipment. The Term and Monthly Payments will begin on the first day of the month following the Effective Date and shall continue thereafter to be paid on the same date of each subsequent month for the full Term specified on the front of this Agreement ("Charges from the Effective Date to the date the Monthly Payments begin shall be computed by converting the Monthly Payment(s) at a fixed rate interest rate, as set out in Schedule 1 ("Converted Monthly Payment"). You will make all payments required under this Agreement to us at such address as we may specify in writing. The actual Cash Price of all amounts we have paid in connection with the purchase, delivery and installation of the Equipment, including any trade-in and buyout amounts. You acknowledge and agree that we may receive an undisclosed discount, credit or rebate from Supplier which shall be solely for our account and benefit and shall not accrue to you in any manner. If the final cost of the Equipment is greater than the Cash Price stated on the front of the Agreement by an amount of 15% or less then you agree we may increase the Monthly Payment in a pro-rata amount with written notice to you. If any Monthly Payment or other amount payable to us is not paid within five days of its due date, you will pay us a late charge (each a "Late Charge") not to exceed 10% of each late payment (or such lesser rate as is the maximum rate allowable under applicable law). If any payment we receive from you is returned unpaid for any reason, we may charge you an additional payment processing fee of fifty dollars (each a "Processing Fee"). For the purpose of this Equipment Finance Agreement, the term "Other Charges" shall include any Converted Monthly Payments, late Charges and any Processing Fees. 2. NON-CANCELABLE, THIS IS A NON-CANCELABLE AGREEMENT AND MAY NOT BE CANCELLED BY YOU FOR ANY REASON WHATSOEVER. YOU WILL MAKE ALL PAYMENTS AND PERFORM ALL OF YOUR OBLIGATIONS UNDER THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU ARE SATISFIED WITH THE EQUIPMENT OR THE SUPPLIER. YOU AGREE THE SUPPLIER NOR ANY SALESPERSON, EMPLOYEE OR AGENT OF SUPPLIER IS OUR AGENT OR HAS ANY AUTHORITY TO SPEAK FOR US OR ALTER OR AMEND THIS AGREEMENT IN ANY MANNER. You acknowledge that you choose the Equipment and Supplier based solely on your own evaluation of the Supplier and the Equipment without any advice, recommendation, opinion or any other information from us. You acknowledge that we have agreed to pay the Supplier for the Equipment based solely on your request and in consideration of your entering into this Agreement. You acknowledge that we make no representations or warranties of any kind whatsoever, express or implied pertaining to the Supplier or the Equipment and we have no responsibility for the Supplier's performance, actions or if there should be any error or omission which would delay delivery of the Equipment, difficulties or failure of the Equipment to perform satisfactory, title to the Equipment, or your or the Supplier's ability to certify such items will be assumed, altered, or changed in any manner your obligations are under this Agreement. You shall remain fully responsible under all the terms and conditions of this Agreement. You further agree and acknowledge that we have not made any representations or warranty, express, implied or of any other kind related to the Equipment and expressly waive as to us any and all warranties, causes of action and claims of any kind relating to the fitness of the Equipment for any purpose whatsoever. 3. SECURITY INTEREST; RECORDING: You are the sole owner of the Equipment and hereby grant as a first priority, purchase money security interest in the Equipment and its proceeds, including insurance proceeds. The security interest is granted to secure the performance of your obligations under this agreement and under any other agreements you may have with us or any of our affiliates, including Greenwood State Bank, at any time. If any other person attempts to claim an interest in the Equipment or to assert a claim against or through you, you agree, at your expense and without delay, to protect and defend our interest in the Equipment. You will keep the Equipment free and clear of all liens, encumbrances, claims and security interests. You authorize us to record, or cause to be recorded, a financing statement, or any other instrument evidencing the secured transaction, in the name of our name our assignee, as secured party in our name. All of your rights and interests in the Equipment will be subject to this agreement and any other agreements between us and you (collectively the "Agreement"). You grant us a security interest in the Equipment, all right, title and interest in and to all proceeds, profits, income, receivables, accounts, accounts receivable, notes, chattel paper, documents and instruments arising out of or related to the Equipment, wherever located, to secure payment of the obligations under the Agreement. You agree to notify us immediately upon learning of any such assignment. We may enforce this Agreement and any judgment rendered against you under this Agreement by sale, lease, assignment, pledge, or otherwise without notice to you. 4. PREPAYMENT. You may prepaid all (but not less than all) of the remaining balance due under this Agreement by paying the sum of the following all accrued and unpaid Monthly Payments and other amounts then due and outstanding under this Agreement, plus the aggregate of all Monthly Payments not yet due and payable hereunder discounted from their scheduled due dates to their present value utilizing 4% per annum as the discount rate. 5. EQUIPMENT LOCATION; USE AND REPAIR; LOSS OR DAMAGE. You will keep and use the Equipment only at the Equipment Location shown on the front of the Agreement and may not move the Equipment without our prior written consent. You shall use the Equipment only for its intended purposes, only for business purposes, and in compliance with all applicable laws and regulations. At your expense you will keep the Equipment in good condition and working order. You will not make any alterations, additions or replacements to the Equipment without our prior written consent. All alterations, additions and replacements will become part of the Equipment at no cost or expense to us. We may inspect the Equipment at any reasonable time. You are responsible for any loss, theft or destruction, or damage to the Equipment from any cause (collectively "Loss"). No Loss shall relieve you of your obligations under this Agreement. You must notify us in writing immediately of any Loss. Then, at our option, you will either (a) repair the Equipment at your expense or so as to a good condition and working order; or (b) pay us the amounts specified in Section 1 or Section 4 above. 6. INDEMNIFICATION. We are not responsible for any losses, damages, penalties, claims, suits, actions or causes (collectively "Claims"), whether based on a theory of strict liability or otherwise caused by or related to the (a) manufacturer, installation, ownership, use, possession, financing, or delivery of the Equipment or (b) defects in the Equipment. You agree to indemnify and hold us and our successors and assigns, employees, and agents harmless from and against any and all Claims and, in connection therewith, you agree to pay the costs of all legal fees and all other reasonable expenses incurred by us, and our successors and assigns, employees, and agents in any such actions. 7. TAXES AND FEES. You agree to pay when due and make all necessary filings with respect to all taxes, fines and penalties. Fees (including registration fees), and other governmental assessments relating to the ownership or use of the Equipment. If we pay any such amounts on your behalf you agree to reimburse us immediately upon written notice to you requesting reimbursement. 8. TITLING. If we request it of you, you shall cause any item of Equipment which is subject to title registration laws to be titled with us listed as the first and only lien holder or as otherwise specified by us. You shall file all such documents of title with the appropriate title registration agency within ten (10) days of our request to you and you shall provide to us all filed documents of title within five (5) business days of your receipt of any such documents. 9. INSURANCE. You will provide and maintain at your expense (a) property insurance against the loss, theft or destruction of, or damage to, the Equipment for its full replacement value naming us as loss payee, and, if requested by us, (b) public liability and third party property insurance, naming us as additional insured. You will give us certificates or other evidence of such insurance when requested. Such certificate(s) will be kept in our files, with due and complete accuracy and in good order and will provide us with at least 30 days advance notice of any cancellations or material change of coverage. If you do not give us evidence of insurance acceptable to us, we have the right, but not the obligation, to have other property insurance or act alone or both at any cost and at your expense. Your expense may include the full premium paid by us (not paid by any credit or refund due us but paid to us) and any customary charges or fees of ours and of our designee(s) associated with such insurance. You agree to pay such amounts in equal installments allocated to each Monthly Payment plus interest on such amounts at the rate of the highest rate permitted by law or 15% per month (whichever allocation and interest will increase each Monthly Payment accordingly). If insurance is placed by us, you will promptly withdraw your insurance against with respect to the placement of insurance and the processing of claims. Any deficiency in this Agreement will create an immediate relationship of any type between us and any other person. You acknowledge we are not required to assure or maintain any insurance, and we will not be liable to you if we fail to maintain such insurance or we replace such insurance if the coverage you are now obligated to maintain. You are not obligated to make repayment or payment coverage under the same terms, costs, limits, or conditions as the previous coverage. You hereby appoint us as your attorney-at-law to make claims for, receive payment of, and execute and endorse all documents, checks or drafts for loss or damage under any of your insurance policies. 10. REPRESENTATIONS AND WARRANTIES. You represent and warrant that (1) there are no liens and encumbrances whatever related to the Equipment other than those to granted to us herein and that you have all requisite authority to grant the purchase money security interest related thereto, (2) all the Additional Property is true and clear of all liens and encumbrances and that you have all necessary authority to grant a security interest related thereto, (3) you have not relied on us in any manner related to the suitability of the Equipment for any purpose or any other matter related to the Equipment, and (4) you are not currently a debtor in any bankruptcy proceeding, voluntary or involuntary. 11. DEFAULT. Each of the following is a "Default" under this Agreement: (a) you fail to pay any Monthly Payment or any other payment within 10 days of its due date, (b) you do not perform any of your other obligations under this Agreement or in any other agreement with us and the failure continues for 30 days after we have notified you of it, (c) you become insolvent, you dissolve or are dissolved, or you assign your assets for the benefit of your creditors, or cause (voluntarily or involuntarily) any bankruptcy or reorganization proceeding, (d) any representations or warranties made by you in connection with this Agreement or the initial financing application shall prove materially false or misleading, (e) any guarantor of this Agreement does, does not perform its obligations under the warranty or becomes subject to one of the events listed in clause (d) above, (f) you or any guarantor default under any agreement or any indebtedness with any affiliate of us, including Greenwood State Bank, or (g) if we determine we are otherwise at a risk of a material adverse change in your or guarantors' financial or business conditions, or if you or any of your direct or indirect owners, or any guarantor of this Agreement sells, conveys or transfers any ownership interest resulting in a change of control of you. 12. REMEDIES. If a Default occurs, we may do one or more of the following: (a) declare immediately due and payable the sum of (i) all accrued and unpaid Monthly Payments and other amounts then due and outstanding under this Agreement at the time of default, plus (ii) the aggregate of all Monthly Payments not yet due and payable hereunder discounted to their present value utilizing 4% per annum as the discount rate, plus (iii) interest on all amounts due hereunder from the default date until paid, at the lower of one and one-half percent (1.5%) per month or the highest lawful rate, (b) we may require you to deliver the Equipment to us, (c) we or our agent may physically repossess the Equipment without notice and without liability to us for damages or expenses or any other reason if (d) we have exercised our right to repossess available at once. All of our rights and remedies are cumulative and are not intended to limit or prevent the exercise of any other remedy. You agree that any delay or failure on our part to enforce our rights under this Agreement shall not operate as an waiver of any of our rights or remedies. We reserve all of our rights and remedies available to us at law or equity. If we take possession of the Equipment, we may sell or otherwise dispose of it without notice, at a public or private sale and apply the net proceeds (after we have deducted all costs related to the repossession, storage, sale, or disposition of the Equipment) to the amount you owe us hereunder. You agree if notice of sale is required by law to be given, 10 days notice shall constitute reasonable notice. You will remain responsible for any remaining amounts due after we have applied such net proceeds to the amounts you owe us. 13. ASSIGNMENT. YOU MAY NOT ASSIGN, SELL, TRANSFER OR SUBLEASE THE EQUIPMENT OR YOUR INTEREST IN THIS AGREEMENT. We may, without notifying you, sell, assign, pledge or transfer this Agreement and our rights in the Equipment. You agree the new holder will have the same rights and benefits we have now under this Agreement but not our obligations. The rights of the new holder will not be subject to any claim, defense or set off you may assert against us. 14. MISCELLANEOUS. You agree the terms and conditions contained in this Agreement make up the entire agreement between you and us regarding the financing of the Equipment. This Agreement is not binding on us until we sign it. Any change in any of the terms and conditions of this Agreement must be in writing and signed by us. You agree, however, we are not authorized, without notice to you, to supply missing information or correct obvious errors in this Agreement or the description of the Equipment. All notices shall be given in writing by the party sending the notice and shall be effective when mailed by certified or registered mail addressed to the party receiving the notice at its address shown on the front of this Agreement (or to any other address specified by that party in writing). We may send any notice to you by certified or registered mail, at our expense, to the address of yours shown on this Agreement. If the address is in your name, we may send any such notice to any other person claiming to be entitled to receive notice on your behalf. We may serve you for any notice or proceeding by registered or certified mail. All of our rights and remedies are cumulative and are not intended to limit or prevent the exercise of any other applicable laws. If any provision of this Agreement is held invalid, unenforceable or illegal, the remaining provisions of this Agreement shall remain in full force and effect. You agree to comply with any other agreement with us or our affiliates, and if you do not perform any of your obligations under that Agreement, we have the right, but not the obligation to take any actions or pay any amounts that we believe are necessary to protect our interests. You agree to reimburse us immediately upon our demand for any such amounts that we pay. If more than one Customer has signed this Agreement each of you agree that your liability is joint and several. 15. USA PATRIOT ACT NOTICE Important Information About 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 identifying documents that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. Agreement Number 1358 Initials ___________________________ (G1001_v4) EXHIBIT 1 UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT FILER (optional) CSC 1-800-858-5294 B. E-MAIL CONTACT AT FILER (optional) [email protected] C. SEND ACKNOWLEDGMENT TO: (Name and Address) 2382 35364 CSC 801 Adil Stevenson Drive Springfield, IL 62703 Filed In: Oklahoma (Central Index - Oklahoma County) THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1. DEBTOR'S NAME: Provide only one Debtor name (1a or 1b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the individual Debtor's name will not fit in line 1b, leave all of item 1 blank, check here ☐ and provide the individual Debtor information in item 10 of the Financing Statement Addendum (Form UCC1Ad) 1a. ORGANIZATION'S NAME REJUVENATE MED SPA BRIANNA WEATHERS APRN-CNP, P.L.L.C. OR 1b. INDIVIDUAL'S SURNAME ________________________________ FIRST PERSONAL NAME ________________________________ ADDITIONAL NAME(S)/INITIAL(S) ________________________________ SUFFIX ________________________________ 1c. MAILING ADDRESS 916 NORTH MAIN STREET CITY ALTUS STATE OK POSTAL CODE 73521 COUNTRY USA 2. DEBTOR'S NAME: Provide only one Debtor name (2a or 2b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the individual Debtor's name will not fit in line 2b, leave all of item 2 blank, check here ☐ and provide the individual Debtor information in item 10 of the Financing Statement Addendum (Form UCC1Ad) 2a. ORGANIZATION'S NAME ________________________________ OR 2b. INDIVIDUAL'S SURNAME ________________________________ FIRST PERSONAL NAME ________________________________ ADDITIONAL NAME(S)/INITIAL(S) ________________________________ SUFFIX ________________________________ 2c. MAILING ADDRESS ________________________________ CITY ________________________________ STATE ________________________________ POSTAL CODE ________________________________ COUNTRY __________________ 3. SECURED PARTY'S NAME (or NAME of ASSIGNEE of ASSIGNOR SECURED PARTY): Provide only one Secured Party name (3a or 3b) 3a. ORGANIZATION'S NAME GREENWOODS EQUIPMENT FINANCE LLC OR 3b. INDIVIDUAL'S SURNAME ________________________________ FIRST PERSONAL NAME ________________________________ ADDITIONAL NAME(S)/INITIAL(S) ________________________________ SUFFIX ________________________________ 3c. MAILING ADDRESS 3212 FIDDLERS CREEK DR CITY WAUKESHA STATE WI POSTAL CODE 53188 COUNTRY USA - COLLATERAL: This financing statement covers the following collateral: (1) TRITON SYSTEM 5. Check only if applicable and check only one box: Collateral is held in a Trust (see UCC1Ad, Item 17 and instructions) being administered by a Decedent's Personal Representative 6a. Check only if applicable and check only one box: [ ] Public-Finance Transaction [ ] Manufactured-Home Transaction [ ] A Debtor is a Transmitting Utility [ ] Agricultural Lien [ ] Non-UCC Filing 6b. Check only if applicable and check only one box: [ ] Lessee/Lessor [ ] Consignee/Consignor [ ] Seller/Buyer [ ] Bailee/Bailor [ ] Licensee/Licenser 7. ALTERNATIVE DESIGNATION (if applicable): 8. OPTIONAL FILER REFERENCE DATA: 5384