Tinker Federal Credit Union v. Brandy Jo Stephens

IN THE DISTRICT COURT OF GARVIN COUNTY STATE OF OKLAHOMA TINKER FEDERAL CREDIT UNION ) ) ) Plaintiff, ) vs. ) Case No. CJ-2026 54 ) BRANDY JO STEPHENS, ) ) Defendant. PETITION Plaintiff, Tinker Federal Credit Union ("Plaintiff"), for its cause of action against the Defendant, Brandy Jo Stephens ("Defendant"), alleges and states as follows: 1. On or about April 26, 2022, Defendant executed a Promissory Note (hereinafter referred to as the "Contract") and became obligated to pay Plaintiff the principal amount of $76,032.46, plus interest at 3.2400% per annum, according to the terms of the Contract. A copy of the Contract is attached hereto as Exhibit "A". 2. As part of the Contract and to secure the performance of Defendant, Defendant executed a Security Agreement and granted Plaintiff a security interest in a 2020 FORD SUPER DUTY F-350 Vin #3GCUYDED1LG393472 (hereinafter referred as the "Collateral"). Plaintiff properly perfected its security interest in accordance with Oklahoma law. A copy of the Lien Entry is attached hereto as Exhibit "B". 3. Defendant failed to pay pursuant to the terms of the Contract, despite demand by Plaintiff, and are therefore in default under the Contract and Security Agreement. 4. As of February 9, 2026, the balance due on the Contract was $40,397.67. 5. Plaintiff is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and Security Agreement and under 12 O.S. §936. 6. Because of Defendant's default under the Contract and Security Agreement, Plaintiff has a special ownership or interest in the Collateral and is entitled to immediate possession of the Collateral. 7. The actual value of the Collateral is estimated at $38,050.00. 8. The Collateral has not been taken in execution on any order or judgment against Plaintiff, or for the payment of any tax, fine or amercement assessed against Plaintiff, or by virtue of an order of delivery issued under Chapter 31 of Title 12 of the Oklahoma Statutes, or for any other mesne or final process issued against Plaintiff. 9. Plaintiff believes that Defendant is in actual or constructive possession of the Collateral, and that Defendant's possession is subject to the rights of Plaintiff. Although Plaintiff has demanded possession of the Collateral, Defendant failed to deliver or relinquish possession of the Collateral to Plaintiff. Defendant is, therefore, wrongfully detaining the Collateral. 10. Plaintiff believes that Defendant may attempt to conceal, damage or destroy the Collateral or a part thereof, or to remove the Collateral for the State or County, and Plaintiff will thereby suffer irreparable harm. Plaintiff is without adequate remedy at law to prevent such harm and injury. As such, Plaintiff respectfully requests this Court to enter an Order requiring Defendant to appear and disclose the location of the Collateral. 11. Pursuant to the Servicemember's Civil Relief Act of 2003, Plaintiff has reviewed the Department of Defense website and determined Defendant is not in the military. See the Affidavit attached hereto as Exhibit "C". 12. Plaintiff requests an Order authorizing it to issue subpoenas immediately pursuant to 12 O.S. §2004.1 related to the location of the Collateral and Defendant's cell phone records and data. 13. Pursuant to 40 O.S. §4-508(D), Plaintiff requests an Order that at any time or times subsequent to the filing of this order, the Oklahoma Employment Security Commission shall produce, within thirty (30) days of receipt of this order, employment information of the Defendant. WHEREFORE, Tinker Federal Credit Union prays: (a) that the clerk of this Court issue the above-described notice to Defendant, and further that the notice inform Defendant, that pursuant to 12 O.S. §1571.1, any person who willfully or knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which such order shall be sought under the provisions of 12 O.S. §1571, or who conceals it, with intent to interfere with the enforcement of the order, or who removes it from the jurisdiction of this Court with the intention of defeating the enforcement of an order of delivery, or who willfully refuses to disclose its location to an officer charged with execution an order for its delivery, or who, when in possession of such property, willfully interferes with the officers charged with execution such writ, shall be guilty of a misdemeanor, and in addition to such criminal penalties as are provided by law, shall be liable to Plaintiff for double the amount of damages done to the property, together with a reasonable attorney's fees to be fixed by the Court; (b) that this Court enter money judgment for Plaintiff and against Defendant, in the amount of $40,397.67, plus interest since February 9, 2026, at a rate of 3.2400% until paid, plus Plaintiff's court costs and a reasonable attorney's fee; (c) that this Court issue an order for immediate delivery of the Collateral to Plaintiff; (d) that this Court issue an Order requiring Defendant to appear and disclose the location of the Collateral; (e) Plaintiff requests an Order authorizing it to issue subpoenas immediately pursuant to 12 O.S. §2004.1 to nonparties for the production of documentary evidence related to the location of the Collateral and Defendant’s cell phone records and data, (f) that this Court render judgment in favor of Plaintiff and against the Defendant for possession of the Collateral, decreeing that Plaintiff 's interest in the Collateral is senior and prior to the interest of Defendant in the Collateral, and authorizing the foreclosure of Plaintiff's security interest in the Collateral, and (g) award all contractual charges as set forth in the Contract and all other relief this Court deems just. Respectfully submitted, Jeffery S. Ludlam, OBA #17822 HALL & LUDLAM, PLLC 210 Park Ave, Suite 3001 Oklahoma City, OK 73102 (405) 600-9500 Telephone (405) 871-5403 Facsimile [email protected] VERIFICATION STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) ss. I, Rafael Carattini Jr, of lawful age, being first duly sworn upon oath, state: That I am an agent for the plaintiff, Tinker Federal Credit Union, the above-named; that I have read the above and foregoing Petition; that the matters, facts and things therein stated are true and correct to the best of my belief and knowledge. Rafael Carattini Jr Subscribed and sworn to before me this 18th day of February, 2026. Ashley Bannister Notary Public My Commission Expires: LLAW 553-OK-ARB-eps 7/20 RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) BUYER NAME AND ADDRESS BRANDY JO GRAY 29714 E COUNTY ROAD 1640 ELMORE CITY OK 73433-9097 COUNTY: GARVIN CO-BUYER NAME AND ADDRESS N/A SELLER-CREDITOR (NAME AND ADDRESS) SETH WADELY AUTO GROUP PO BOX 650 PAULS VALLEY, OK 73076 You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements in this contract. You agree to pay the Seller - Creditor (sometimes "we" or "us" in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-in-Lending Disclosures below are part of this contract. <table> <tr> <th>New/Used</th> <th>Year</th> <th>Make and Model</th> <th>Odometer</th> <th>Vehicle Identification Number</th> <th>Primary Use For Which Purchased</th> </tr> <tr> <td>NEW</td> <td>2020</td> <td>CHEVROLET<br>C1500</td> <td>20</td> <td>3GCUYDED1LG393472</td> <td>Personal, family, or household unless otherwise indicated below<br>☐ business<br>☐ agricultural<br>☐ N/A</td> </tr> </table> FEDERAL TRUTH-IN-LENDING DISCLOSURES <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of your credit as a yearly rate.</th> <th>FINANCE CHARGE<br>The dollar amount that credit will cost you.</th> <th>Amount Financed<br>The amount of credit provided to you or on your behalf.</th> <th>Total of Payments<br>The amount you will have paid after you have made all payments as scheduled.</th> <th>Total Sale Price<br>The total cost of your purchase on credit, including your down payment of</th> </tr> <tr> <td>4.48 %</td> <td>$11022.71</td> <td>$65087.01</td> <td>$76089.72</td> <td>$76089.72</td> </tr> </table> Your Payment Schedule Will Be: <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>84</td> <td>$906.83</td> <td>MONTHLY beginning 12/12/2020</td> </tr> <tr> <td>N/A</td> <td>N/A</td> <td>N/A</td> </tr> </table> Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of $26.50 or 5% of the part of the payment that is late, whichever is greater. Prepayment. If you pay early, you will not have to pay a penalty. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date and security interest. Used Car Buyers Guide. The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale. Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la ventana para este vehículo forma parte del presente contrato. La información del formulario de la ventana deja sin efecto toda disposición en contrario contenida en el contrato de venta. NO COOLING OFF PERIOD State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract, you may only cancel it if the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales. ☐ VENDOR'S SINGLE INTEREST INSURANCE (VSI insurance): If the preceding box is checked, the Creditor requires VSI insurance for the initial term of the contract to protect the Creditor for loss or damage to the vehicle (collision, fire, theft, concealment, skip). VSI insurance is for the Creditor's sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VSI Insurance is obtained. If you elect to purchase VSI Insurance through the Creditor, the cost of this insurance is $__________ N/A and is also shown in Item 4B of the Itemization of Amount Financed. The coverage is for the initial term of the contract. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. The preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract. Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement to arbitrate. Buyer Signs X _______________________________ Co-Buyer Signs X N/A Buyer Signs X _______________________________ Co-Buyer Signs X N/A ITEMIZATION OF AMOUNT FINANCED 1 Cash Price (including $__________ N/A sales/excise tax) $ 55164.01 (1) 2 Total Downpayment = Trade-in 2018 FORD F-250 Gross Trade-In Allowance $ 29000.00 Less Pay Off Made By Seller to BANK OF THE WEST $ 41000.00 Equals Net Trade In $ -12000.00 + Cash $ 1500.00 + Other REBATE(S) $ 6000.00 + Other N/A $ N/A + Other N/A $ N/A (If total downpayment is negative, enter "0" and see 4 below) $ 0.00 (2) 3 Unpaid Balance of Cash Price (1 minus 2) $ 55164.01 (3) 4 Other Charges Including Amounts Paid to Others on Your Behalf (Seller may keep part of these amounts): A Cost of Optional Credit Insurance Paid to Insurance Company or Companies. Lisa $ N/A Disability $ N/A $ N/A B Vendor's Single Interest Insurance Paid to Insurance Company $ N/A C Other Optional Insurance Paid to Insurance Company or Companies $ N/A D Optional Gap Contract $ 995.00 E Official Fees Paid to Government Agencies to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A F Government Taxes Not included in Cash Price $ N/A G Government License and/or Registration Fees N/A Lien Entry $ 10.00 H Government Certificate of Title Fees $ N/A I Other Charges (Seller must identify who is paid and describe purpose.) to BANK OF THE WEST for Prior Credit or Lease Balance $ 4500.00 to SETH WADLEY AUTO GROUP Doc Fee $ 499.00 to SETH WADLEY AUTO GROUP MILLENNIUM $ 3999.00 to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A Total Other Charges and Amounts Paid to Others on Your Behalf $ 9903.00 (4) 5 Amount Financed (3 + 4) $ 65067.01 (5) OPTION: □ You pay no finance charge if the Amount Financed, item 5, is paid in full on or before N/A , Year N/A . SELLER'S INITIALS N/A. OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy a gap contract, the charge is shown in Item 4D of the Itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract. Term __84 Mios. ENDSURANCE I want to buy a gap contract. Name of Gap Contract ENDURANCE Buyer Signs X [signature] Returned Check Charge: You agree to pay a charge of $ 25.00 if any check you give us is dishonored. Insurance. You may buy the physical damage insurance this contract requires from anyone you choose who is acceptable to us. You may also provide the physical damage insurance through an existing policy owned or controlled by you that is acceptable to us. You are not required to buy any other insurance to obtain credit unless the box indicating Vendors' Single interest insurance is required is checked on page 1 of this contract. If any insurance is checked below, policies or certificates from the named insurance companies will describe the terms and conditions. Check the insurance you want and sign below: Optional Credit Insurance □ Credit Life □ Buyer □ Co-Buyer □ Both □ Credit Disability □ Buyer □ Co-Buyer □ Both Premium: Credit Life $ N/A Credit Disability $ N/A Insurance Company Name N/A N/A Home Office Address N/A N/A Credit life insurance and credit disability insurance are not required to obtain credit. Your decision to buy or not buy credit life insurance and credit disability insurance will not be a factor in the credit approval process. They will not be provided unless you sign and agree to pay the extra cost. If you choose this insurance, the cost is shown in item 4A of the Itemization of Amount Financed. Credit life insurance is based on your original payment schedule. This insurance may not pay all you owe on this contract if you make late payments. Credit disability insurance does not cover any increase in your payment or in the number of payments. Coverage for credit life insurance and credit disability insurance ends on the original due date for the last payment unless a different term for the insurance is shown below. Other Optional Insurance □ N/A N/A Type of Insurance Term Premium $ N/A Insurance Company Name N/A Home Office Address N/A N/A □ N/A N/A Type of Insurance Term Premium $ N/A Insurance Company Name N/A Home Office Address N/A N/A Other optional insurance is not required to obtain credit. Your decision to buy or not buy other optional insurance will not be a factor in the credit approval process. It will not be provided unless you sign and agree to pay the extra cost. I want the insurance checked above. X N/A N/A Buyer Signature Date X N/A N/A Co-Buyer Signature Date THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS. OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed. b. How we will apply payments. We may apply each payment to the earned and unpaid part of the Finance Charge, to the unpaid part of the Amount Financed and to other amounts you owe under this contract in any order we choose as the law allows. c. How late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Price shown on page 1 of this contract on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due. d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financed at any time without penalty. If you do so, you must pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment. e. Your right to refinance a balloon payment. A balloon payment is a scheduled payment that is more than twice as large as the average of your earlier scheduled payments. If you are buying the vehicle primarily for personal, family or household use, you have the right to refinance the balloon payment when due without penalty. The terms of the refinancing will be no less favorable to you than the terms of this contract. This provision does not apply if we adjusted your payment schedule to your seasonal or irregular income. 2. YOUR OTHER PROMISES TO US a. If the vehicle is damaged, destroyed, or missing. You agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed, or missing. b. Using the vehicle. You agree not to remove the vehicle from the U.S. or Canada, or to sell, rent, lease, or transfer any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we ask for it. c. Security Interest. You give us a security interest in: • The vehicle and all parts or goods put on it; • All money or goods received (proceeds) for the vehicle; • All insurance, maintenance, service, or other contracts we finance for you; and • All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts. This secures payment of all you owe on this contract. It also secures your other agreements in this contract. You will make sure the title shows our security interest (lien) in the vehicle. You will not allow any other security interest to be placed on the title without our written permission. d. Insurance you must have on the vehicle. You agree to have physical damage insurance covering loss of or damage to the vehicle for the term of this contract. The insurance must cover our interest in the vehicle. You agree to name us on your insurance policy as an additional insured and as loss payee. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to buy physical damage insurance, we may either buy insurance that covers your interest and our interest in the vehicle, or buy insurance that covers only our interest. If we buy either type of insurance, we will tell you which type and the charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on page 1 of this contract. If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle. e. What happens to returned insurance, maintenance, service, or other contract charges. If we get a refund of insurance, maintenance, service, or other contract charges, you agree that we may subtract the refund from what you owe. 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late charges. You will pay a late charge on each late payment as shown on page 1 of this contract. Acceptance of a late payment does not excuse your late payment or mean that you may keep making late payments. If you pay late, we may also take the steps described below. b. You may have to pay all you owe at once. If you break your promises (default), we may demand that you pay all you owe on this contract at once. Default means: • You do not pay any payment on time; • You give false, incomplete, or misleading information during credit application; • You start a proceeding in bankruptcy or one is started against you or your property; or • You break any agreements in this contract. The amount you will owe will be the unpaid part of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because you defaulted. c. You may have to pay collection costs. If we hire an attorney who is not our salaried employee to collect what you owe, you will pay the attorney's fee and court costs the law permits. The maximum attorney's fee you will pay will be 15% of the amount you owe, unless a court awards an additional amount. d. We may take the vehicle from you. If you default, we may take (repossess) the vehicle from you if we do so peacefully and if the law allows it. If your vehicle has an electronic tracking device (such as GPS), you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement parts will stay with the vehicle. If any personal items are in the vehicle, we may store them for you. If you do not ask for these items back, we may dispose of them as the law allows. e. How you can get the vehicle back if we take it. If we repossess the vehicle, you may pay to get it back (redeem). We will tell you how much to pay to redeem. Your right to redeem ends when we sell the vehicle. f. We will sell the vehicle if you do not get it back. If you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle. We will apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs, if the law permits, are also allowed expenses. If any money is left (surplus), we will pay it to you unless the law requires us to pay it to someone else. If money from the sale is not enough to pay the amount you owe, you must pay the rest to us unless the law provides otherwise. If you do not pay this amount when we ask, we may charge you interest at a rate not exceeding the highest lawful rate until you pay. g. What we may do about optional insurance, maintenance, service, or other contracts. This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, you agree that we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe. 4. WARRANTIES SELLER DISCLAIMS Unless the Seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. 5. SERVICING AND COLLECTION CONTACTS You agree that we may try to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and automatic telephone dialing systems, as the law allows. You also agree that we may try to contact you in these and other ways at any address or telephone number you provide us, even if the telephone number is a cell phone number or the contact results in a charge to you. 6. APPLICABLE LAW Federal law and the law of the state of Oklahoma apply to this contract. ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose the American Arbitration Association (www.adr.org) or any other organization to conduct the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you reside unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was executed. We will pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $5000, unless the law or the rules of the chosen arbitration organization require us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. You and we retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator's award. This Arbitration Provision shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable. The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding. Buyer Signs ____________. Co-Buyer Signs X__________ N/A______________ If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others. See the rest of this contract for other Important agreements. NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights. You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You acknowledge that you have read all pages of this contract, including the arbitration provision above, before signing below. You confirm that you received a completely filled-in copy when you signed it. Buyer Signs ____________. Date 10/28/2020 Co-Buyer Signs X__________ Date N/A__________ Buyer Printed Name BRANDBY JO GRAY__________ Co-Buyer Printed Name N/A__________ If the "business" use box is checked in "Primary Use for Which Purchased": Print Name N/A__________ Title N/A__________ Co-Buyers and Other Owners — A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract. Other owner signs here X__________ N/A__________ Seller signs SETH WADLEY AUTO GROUP__________ Date 10/28/2020 By X__________ Title F&M MGR__________ Seller assigns its interest in this contract to TINKER FEDERAL CREDIT UNION (Assignee) under the terms of Seller’s agreement(s) with Assignee. ☐ Assigned with recourse ☒ Assigned without recourse ☐ Assigned with limited recourse By X ________ Title F&M MGR ADDENDUM TO RETAIL INSTALLMENT SALE CONTRACT (All Forms Addendum for Tinker Federal Credit Union) This Addendum to Retail Installment Sale Contract (and Security Agreement), ("Addendum") modifies the Retail Installment Sale Contract (and Security Agreement), as the form contracts may be updated or revised from time to time, (the "Contract") entered into by and between the identified and undersigned buyer(s), (hereinafter "Buyer," "you" or "your") and the identified and undersigned seller (or the secured party), (hereinafter "Seller," "we," "us" or "our"). The "Creditor" is Tinker Federal Credit Union. This Addendum is applicable to all Contract forms and is binding upon the Buyer, Seller, and Creditor. Military Lending Act Disclosure Federal law provides important protections to full-time active duty service members of the U.S. armed forces ("Armed Forces") and their family members or dependents relating to extensions of consumer credit. In general, the cost of consumer credit to an active member of the Armed Forces and his or her dependent may not exceed a military annual percentage rate ("MAPR") of thirty-six percent (36%). This rate cap must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and, any participation fee charged (other than certain participation fees for a credit card account). Some exclusions may apply and this disclosure applies in addition to all other disclosures in the Contract and this Addendum. Upon your acceptance of this offer, we will determine your covered borrower status under the Military Lending Act (10 U.S.C. § 987) ("MLA"). If you are identified as a covered borrower under the MLA at the time of acceptance, the MLA protections will apply to your loan. If you are not identified as a covered borrower under the MLA at the time of acceptance of this offer, even though you may become a covered borrower under the MLA at any time during the term of this loan, the protections will not apply. The MLA applies only to identified and eligible active Armed Forces personnel (and their family members or dependents, as eligible) at the time of the loan application. Covered borrowers are entitled to certain rights and limitations, including the right to not have to submit to binding arbitration in the event of a dispute with the Contract. Once your loan has been established, you may call us at (405) 319-7200 or toll free at 844-756-3767 to obtain more specific information about your loan payment obligation or calculation. If you have any questions regarding the MLA, please call Tinker Federal Credit Union ("TFCU") at (405) 319-7200 or toll free at 844-756-3767 and press 1 to speak to a TFCU Member Service Representative. Buyer and Seller acknowledge and agree that this Addendum is incorporated into and made a part of the Contract. The parties agree that the Contract is amended as follows: 1. Under the applicable provisions section entitled "Other Important Agreements," "Additional Terms of the Sales Agreement," "Additional Provisions," or any other words in which additional terms and conditions of the Contract follow, the following is inserted as part of the additional terms and conditions at the end of the respective sections: How we will apply payments: For clarity, any payments received from you for your obligation to repay your loan debt under the terms of the Contract will be received, processed, and applied first to any late fees or charges due and owed (if applicable), then to accrued interest, and then to the principal loan balance. If you do not pay the full amount due, then a late fee may be assessed (in accordance with the terms of the Contract). If the payment remitted is not sufficient to cover the full monthly payment due, your due date will not advance until the difference is paid and your loan will be considered past due. The Creditor may, at their discretion, elect to advance the due date if your loan is past due for a minimal amount. Late fees are collected from your regular monthly payment amount and may extend the maturity date of your loan repayment obligation. It is encouraged that you pay your full regular loan payment amount within the time required; failure to make a full loan payment in a timely manner may result in late fees being assessed to your loan amount. To avoid a loan maturity date extension, you need to pay the full loan amount due monthly, including any late fee amounts that may be due with your payment. Any amounts received in excess of the amount due will be applied to the loan principal to reduce your principal amount. Security Interest: You agree to join with us in executing one or more financing statements, as may be required or requested, from time to time, in order to perfect, or continue perfection of, the security interest you granted under this Contract. A carbon, photographic, or other reproductions of this Contract or of any financing statement shall be sufficient to serve as a financing statement. You will not permit (i) any liens, security interests, or other encumbrances, except for our security interest, to attach to the vehicle; (ii) will not permit the vehicle to be levied on, garnished, or attached under any legal process; or (iii) permit any other thing to be done or attachment be made upon the vehicle that may impair the value of the vehicle or the security interest granted by the Contract. The security interest shall have first priority and secures all future advances by us to you, all other liabilities to us (primary, secondary, direct or indirect, absolute or contingent, sole, joint, or several) due or to become due or which may be hereafter contracted by or acquired of you. Any persons having, taking, or receiving an ownership interest in the vehicle shall be subject to our security interest: and such persons shall not have any rights to transfer or assign any interest in the vehicle without being bound by the terms of the Contract and this Addendum. Insurance you must have on the vehicle: The required deductible on the vehicle insurance you are required to obtain and maintain under the terms of the Contract shall not exceed one thousand dollars ($1,000.00). Affixing to Real or Personal Property Prohibited. You will not allow or permit the vehicle to become an accession or affixed to other personal property or to become attached or affixed to real property without first obtaining our prior written consent. Our consent may be conditional on any requirements, (including but not limited to, the subrogation of other interest owners in and to such other personal or real property to our rights and interest), which requirements we deem to be for protection of our security interest; and it is understood and agreed that such consent will not be deemed to be effective until such conditions and requirements have been fulfilled. We reserve the right to deny consent for any reason. Events of Default. In addition to the other provisions, defaults, and remedies outlined in the Contract, you will be considered in default under this Contract on the happening of any one or more of the following events or conditions: (a) any payment required under this Contract or under any other note or obligation of your to us is not made when due or in accordance with terms of the applicable Contract; (b) the making of any levy against or seizure, garnishment or attachment of the vehicle, the consensual encumbrance thereof by you, or the sale, lease or other disposition of the vehicle by you without our prior written consent; (c) loss, theft, substantial damage or destruction of the vehicle; (d) any time we in our sole discretion believe the prospect of payment or performance of any liability, covenant, warranty or obligation secured hereby is impaired; and/or (e) your death, incapacitation, insolvency, the appointment of a receiver over any part of your property or of any part of the vehicle, an assignment for the benefit of creditors, or the commencement of any proceedings under any bankruptcy or insolvency law by or against you or any guarantor or surety for you. Any unauthorized transfer or assignment of title to the vehicle shall be considered an event of default, at which time when may declare the full amount of the loan due and owing in accordance with our rights under applicable laws, rules, and statutes. Miscellaneous. No act, delay or omission, including our waiver of a remedy because of any default or any other provision of the Contract, will constitute a waiver (or continuing waiver for any future event), of any of our rights and remedies under this Contract or any other agreement between the parties or available at law or in equity. The Contract will inure to the benefit of our successors and assigns and will be binding on your heirs, executors, administrators, successors, transferees, and assigns. We at any time may pledge, transfer or assign our rights under the Contract in whole or in part, and any transferee or assignee will have all the rights as to the rights or parts thereof so pledged, transferred, or assigned. Your rights under the Contract may not be assigned or transferred for any reason. If more than one Buyer executes the Contract, their responsibility will be joint and several and the reference to Buyer in the Contract will be deemed to refer to each and every Buyer. If any provisions of the Contract is for any reason held to be invalid, non-binding, or unenforceable, for any reason, such invalidity or unenforceability will not affect any other provisions of the Contract, as amended, and the Contract will be construed as if such invalid or unenforceable provisions had never been contained in the Contract. Arbitration. In the event the Contract contains an arbitration or dispute resolution provision, then such provision shall not be applicable to Tinker Federal Credit Union (as Creditor), with respect to any collection actions or efforts against the Buyer(s) and further such arbitration provision shall not be enforceable against any active full-time member of the Armed Forces, (who is determined to be a covered borrower under the Military Lending Act). Except as provided in the forgoing sentence and under applicable laws, rules, statutes, and regulations, any and all claims made by any Buyer(s) shall be submitted to and subject to binding arbitration in accordance with the terms of the Contract, regardless of how and when any such claim was made. Gap Protection. You understand that the purchase of the Gap Protection is voluntary and is not required by Creditor to obtain credit. You further understand that this Addendum is not an offer of insurance coverage and does not waive your obligation to secure and maintain insurance. You acknowledge and understand that, if an insurance related Gap Protection Policy ("Policy") is purchased by you with the Seller or through the Creditor, the Policy may contain certain stipulations, limitations, and/or restrictions, including an offer to skip a payment throughout the term of the Contract and loan payment cycle, that may nullify, reduce coverage, or make void the Gap Protection Policy. You agree that the Creditor assumes no liability or has any responsibility to notify you of such stipulations, limitations, or restrictions. You acknowledge and understand that it is your sole responsibility to read, understand, and be aware of the provisions of such Policy and any such clause or condition in the Policy, which may nullify or make void the Gap Protection Policy. You understand and agree that by purchasing a Gap Protection Policy, the Creditor retains its contractual rights and nothing in the Policy diminishes Creditor's secured rights, in the event of a total loss, to hold you liable for any and all remaining unpaid deficiency amounts. In the event of a total loss, it is your obligation to pursue a claim on your Policy. You further understand and agree that a Gap Protection Policy does not change your obligation to keep your payments timely paid and current with Creditor. If your Policy fails to pay any or all amounts owed by you to the Creditor, then Creditor retains its contractual rights to hold you liable for the remaining unpaid balance. You understand and agree that a Gap Protection Policy is not a substitute for any personal liability, collision damage, property damage, or other insurance policy coverage you are required to maintain. You understand and agree that the Creditor may retain, without liability to you, all of or any of the one-time fee(s), or Creditor may pay any portion of coverage to a third party as a service fee, or for indemnification purposes or requirements, without any liability to you. Except to the extent limited by applicable laws, rules, regulations, or statutes, you are and remain responsible for all insurance coverage (including Gap Protection Policy coverage), payments (including fees, charges, and expenses in administering the loan by Creditor), and any other fees, damages, penalties, taxes, or assessments incurred by Creditor or assessed to you in accordance with the Contract and your loan with Creditor. 2. Except as set forth in this Addendum, all other terms and provisions of the applicable Contract remains in full force and effect. If there is conflict between any of the terms of this Addendum and the Contract or any earlier amendment, the terms of this Addendum shall govern and prevail over any prior or conflicting terms or conditions. TINKER FEDERAL CREDIT UNION ACKNOWLEDGMENT AND INSTRUCTIONS OF THE CONSUMER FOR THE USE OF CONSUMER CREDIT REPORTS Tinker Federal Credit Union ("TFCU" or "Creditor") offers many financial products and services to its members. Some of those products and services are dependent upon a member's creditworthiness, which is determined in part by reviewing a consumer report. The consumer report(s) obtained (or which will be obtained, as authorized by you under the Contract) by TFCU, for the purpose of the transaction or service initiated by you contains information on trade lines you may have with other lenders. If you instruct us and consent to allow use to use the consumer report(s) obtained (or are obtaining) to determine your eligibility for TFCU financial products and services, you can do so by checking the first box shown below and we will determine your eligibility for other TFCU products and services and communicate such to you in the method you indicate. Please be aware that instructing us to use your consumer report(s) for these purposes does not guarantee an offer of or extension of any credit. We have obtained (or will be obtaining) a consumer credit report(s) from one or more consumer reporting agencies ("consumer report") for the purpose of verifying information in connection with opening an account in your name and/or considering an application for a loan and/or other products or services offered by TFCU. You understand that you must be or become a member of TFCU before any extension of credit may be granted. By signing this Addendum and acknowledging the information and instructions you are authorizing and consenting to how TFCU may use the consumer report(s), the terms herein, and consenting to the communication methods selected. Buyer ☑ I, the undersigned, instruct, and authorize TFCU to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services and for the purpose of determining whether to offer me other TFCU financial products and services. ☐ I, the undersigned, instruct TFCU NOT to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services. ☑ I, the undersigned buyer hereby authorize and consent to Tinker Federal Credit Union contacting me for purposes of providing financing information and information on other products and services at the contact below, which may include phone calls, SMS text messages, mail, alerts, or emails. Name: Brandy Jo Gray Mobile Phone #: 580.501-2489 Email Address: [email protected] IN WITNESS WHEREOF, this Addendum has been duly executed by each party as of the date(s) indicated below. Buyer(s): [Signature] Brandy Jo Gray Print Name 10·26·20 Date of Contract Seller: [Signature] Jake Leatherwood Print Name and Title 10·26·20 Date of Contract Co Buyer ☐ I, the undersigned, instruct, and authorize TFCU to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services and for the purpose of determining whether to offer me other TFCU financial products and services. ☐ I, the undersigned, instruct TFCU NOT to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services. ☐ I, the undersigned buyer hereby authorize and consent to Tinker Federal Credit Union contacting me for purposes of providing financing information and information on other products and services at the contact below, which may include phone calls, SMS text messages, mail, alerts, or emails. Name: ____________________________ Mobile Phone #: ____________________ Email Address: ____________________ Co-Buyer Signature ____________________________ Print Name ____________________________ Date of Contract ____________________________ Confidential to TFCU-All Forms Addendum; Rev 05.29.18 Page 4 of 4 OKLAHOMA TAX COMMISSION LIEN HOLDERS RELEASE FORMS VIN: 1FT8W3BN3LEE76102 VEHYR: 2020 MAKE: FORD MODEL: F350 BODY: PK AGNT #: M6214 LIEN DATE: 04/20/2022 LIEN DEBTOR: STEPHENS,BRANDY STEPHENS, BRANDY 29714 E COUNTY ROAD 1640 ELMORE CITY OK 73433-9097 LIEN HOLDER: TINKER FEDERAL CREDIT UNION TINKER FEDERAL CREDIT UNION PO BOX 45750 TINKER AFB OK 73145-0750 TO: OKLAHOMA TAX COMMISSION MOTOR VEHICLE DIVISION P.O. BOX 269061 OKLAHOMA CITY OK 73126 REF#: L1441967688 TO WHOM IT MAY CONCERN: WE HAVE RELEASED OUR SECURITY INTEREST IN THE MOTOR VEHICLE DESCRIBED ABOVE, EFFECTIVE ON THE DATE WHICH APPEARS BY MY SIGNATURE. PLEASE REVISE YOUR RECORDS TO REFLECT THIS RELEASE. SIGNATURE OF REPRESENTATIVE OF SECURED PARTY X ________________________________ DATE ____________________________ LENDER: TO ENSURE PROPER PROCESSING OF YOUR COMPLETED LIEN RELEASE, PLEASE NOTE THE FOLLOWING. DO NOT ALTER THIS DOCUMENT NO STAPLES NO TAPE NO FOREIGN FIXTURES OR ATTACHMENTS NO WRITING OR MARKING (OTHER THAN SIGNATURE AND DATE FOR RELEASE) DO NOT ALTER THE SIZE OF THIS DOCUMENT EXHIBIT B ; AFFIDVI STATE OF OKLAHOMA COUNTY OF OKLAHOMA ) ) ss. Ashley Brintnall, of lawful age, being first duly sworn, upon oath deposes and states: 1. I am a Collections Legal Specialist for Tinker Federal Credit Union and I am authorized to make this Affidavit of its behalf. Based on a review of the Department of Defense website Brandy J. Vaughn not in the military. A copy is attached here to. Signed under penalty of perjury [signature] Ashley Brintnall Subscribed and sworn to before me this 9th day of February, 2026. [signature] Notary Public My Commission Expires: AUG 81 (SEAL) EXHIBIT C Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-7197 Birth Date: Dec-XX-1978 Last Name: STEPHENS First Name: BRANDY Middle Name: JO Status As Of: Feb-09-2026 Certificate ID: TQYLG5WS2K33FNQ <table> <tr> <th colspan="4">On Active Duty On Active Duty Status Date</th> </tr> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> <tr> <td colspan="4">This response reflects the individuals' active duty status based on the Active Duty Status Date</td> </tr> </table> <table> <tr> <th colspan="4">Left Active Duty Within 367 Days of Active Duty Status Date</th> </tr> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> <tr> <td colspan="4">This response reflects whether the individual left active duty status within 367 days preceding the Active Duty Status Date</td> </tr> </table> <table> <tr> <th colspan="4">The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date</th> </tr> <tr> <th>Order Notification Start Date</th> <th>Order Notification End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects whether the individual or his/her unit has received early notification to report for active duty. Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person’s status by contacting that person’s Service. Service contact information can be found on the SCRA website’s FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.