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BECKHAM COUNTY • CJ-2026-00033

Tinker Federal Credit Union v. Kristofer W. Schortemeier

Filed: Mar 30, 2026
Type: CJ

What's This Case About?

Let’s get one thing straight: this is not a murder mystery. There are no masked intruders, no secret love letters, no dramatic courtroom confessions. But what we do have? A 2017 Nissan Titan, a $35,000 loan, a repossession, and a credit union that’s now suing a man for just over $21,000—because apparently, in Beckham County, Oklahoma, that’s enough drama for a full-blown civil war.

Meet Kristofer W. Schortemeier. Not a name you hear every day, and frankly, not a man you’d expect to be at the center of a legal showdown between man and machine—and by machine, we mean both the truck and the cold, unfeeling gears of the financial system. Kristofer, from Elk City (population: small enough that everyone knows your business, big enough that you can still lose your truck without immediate public shaming), signed on the dotted line back in April 2022 to buy a used 2017 Nissan Titan from Windy Nissan—a dealership with a name that sounds like a rejected weather app. The truck had 123,000 miles on it, which, in pickup truck years, is basically middle age with a midlife crisis. But hey, it was paid for with credit, not cash, and that’s where things start to go downhill—literally, because pickups are heavy, but also financially, because interest rates are heavier.

The deal? $35,428 financed at 7.24% annual interest—solidly in “ouch” territory, especially in 2022 when rates were already creeping up like weeds through sidewalk cracks. That interest alone added nearly $8,500 to the total cost of the truck, bringing the grand total to over $43,900. For a used Titan. Not a Raptor. Not even a Pro-4X. Just a regular, slightly dusty, probably-smells-like-old-coffee Nissan Titan. Kristofer agreed to pay it off in 72 monthly installments of $609.94, starting May 19, 2022. Simple enough. Except… he didn’t.

Somewhere along the way, the payments stopped. The credit union—Tinker Federal Credit Union, which sounds like a minor character from a Wes Anderson film—sent demands. No response. So, like any good creditor with a lien, they did what creditors do: they repossessed the truck. Peacefully, we assume. No dramatic chase scenes. No jump cuts. Just a quiet tow under the cover of Oklahoma dusk. The Titan was later sold at auction for $7,400—less than a quarter of what was still owed. Ouch again.

Now, here’s where the math gets spicy. After the repo and the sale, Tinker FCU calculated that Kristofer still owed them $21,219.07. That’s not the full original loan—it’s what’s left after subtracting the sale price, repossession costs, and whatever other fees float around in the murky waters of auto lending. And yes, they’re also asking for attorney’s fees, court costs, and interest continuing at 7.24% until the debt is paid. Because of course they are. This isn’t charity. It’s finance.

So why are we in court? Because Tinker FCU wants a judgment. A legal stamp that says, “Yes, Kristofer Schortemeier owes us $21,219.07, and we can now go after his wages, his bank account, or whatever else he owns that isn’t nailed down.” The claim? Breach of contract. Fancy legal speak for “you promised to pay, you didn’t, now pay up.” It’s not complicated. It’s not shocking. But it is the bread and butter of small claims and district courts across America—where broken promises meet broken-down trucks.

And let’s talk about that contract. Oh, that contract. It’s 15 pages long, packed with clauses that read like they were written by a robot trained exclusively on legalese and regret. There’s the arbitration provision—buried near the end like a landmine—that says any dispute must be settled in arbitration, not court. Which is ironic, because here we are… in court. But Tinker FCU didn’t sue Kristofer over a dispute about the truck’s condition or a shady sales tactic. They’re suing because he didn’t pay. And you can’t arbitrate a missed payment. You just collect. Or try to.

Also in the filing? A not-so-subtle check of Kristofer’s military status. The Servicemembers Civil Relief Act (SCRA) protects active-duty troops from certain financial penalties, including repossession without a court order. So Tinker FCU did their due diligence—checked the DoD database, got an affidavit, and confirmed: Kristofer is not in the military. No deployment, no orders, no protection. Just a civilian with a defaulted loan and a missing truck.

Now, $21,219.07—let’s put that in perspective. That’s not pocket change. It’s a used car on its own. It’s a year of rent in some parts of Oklahoma. It’s a lot of gas for a Nissan Titan. But is it outrageous? Not really. Given the original loan amount and the fact that the truck was sold, it’s actually a pretty standard deficiency balance. The real absurdity isn’t the number—it’s the whole charade of modern auto lending. A man buys a used truck for $32,000, ends up owing over $43,000, loses the truck, and still owes more than half the original price. That’s not a loan. That’s a boomerang debt.

And what’s Tinker FCU really after? Beyond the money? Control. The petition even asks the court to order the Oklahoma Employment Security Commission to hand over Kristofer’s employment info. Translation: “Tell us where he works so we can garnish his wages.” That’s cold. Efficient. And, frankly, standard operating procedure in debt collection. But it’s also the moment when this case stops being about a truck and starts being about the quiet, relentless machinery of financial consequence.

So what’s our take? We’re not rooting for the credit union. Not because they’re evil—though their contract reads like a hostage agreement—but because the whole system feels rigged. A 7.24% interest rate on a used truck in 2022? That’s predatory-adjacent. Rolling $3,000 in service contracts and doc fees into the loan? Classic add-on exploitation. And that arbitration clause? A get-out-of-court-free card for the lender, but not for the borrower. Kristofer signed it, sure. But how many people actually read page 14 of a car loan contract while standing in a dealership with a sales manager named Chad grinning behind them?

We’re also not rooting for Kristofer, exactly. He agreed to the loan. He defaulted. He lost the truck. That’s how contracts work. But come on—this is America. People fall on hard times. A job loss, a medical bill, a surprise transmission repair that eats your car payment for three months—life happens. And yet the system doesn’t care. It just wants its money. With interest.

The most absurd part? That we’re even here. That a dispute over a used truck has escalated to a formal petition, an affidavit about military status, and a request for employment tracking—all over $21,000. This isn’t justice. It’s bureaucracy with a side of vengeance.

At the end of the day, Kristofer Schortemeier probably just wanted a reliable truck. Tinker FCU wanted their money back. And the court? It just wants to close the case. But somewhere in between, the American dream of car ownership got crushed under the weight of interest rates, add-on fees, and the fine print we all ignore until it comes back to haunt us.

We’re entertainers, not lawyers. But if we were judges? We’d suggest everyone take a deep breath, look at the bigger picture, and maybe—just maybe—rethink how we let used car loans become debt traps disguised as freedom.

Case Overview

$21,219 Demand Petition
Jurisdiction
District Court of Beckham County, Oklahoma
Relief Sought
$21,219 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 breach of contract default on loan

Petition Text

5,957 words
IN THE DISTRICT COURT OF BECKHAM COUNTY STATE OF OKLAHOMA TINKER FEDERAL CREDIT UNION ) ) Plaintiff, vs. ) Case No. CJ-24-59 KRISTOFER W. SCHORTEMEIER, ) ) Defendant. PETITION Plaintiff, Tinker Federal Credit Union ("TFCU"), for its cause of action against the Defendant, Kristofer W. Schortemeier ("Defendant"), alleges and states as follows: 1. On or about April 4, 2022, Defendant executed a Promissory Note (hereinafter referred to as the "Contract"), and became obligated to pay TFCU the principal amount of $35,428.00, plus interest at 7.2400% 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 TFCU a security interest in a 2017 NISSAN TITAN VIN: 1N6AA1E54HN501514 (hereinafter referred as the "Collateral"). TFCU properly perfected its security interest in accordance with Oklahoma law. 3. Defendant failed to pay pursuant to the terms of the Contract, despite demand by TFCU, and is therefore in default under the Contract and Security Agreement. 4. TFCU repossessed the Collateral. TFCU is entitled to a repossession title to the Collateral from the Oklahoma Tax Commission. The Collateral was sold for $7,400.00. TFCU complied with all notice requirements set forth by law. The sale was held in a commercially reasonable manner. 5. After deducting the net proceeds from the sale of the Collateral, the balance due on the Contract as of March 24, 2026 was $21,219.07. 6. TFCU 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. 7. Pursuant to the Servicemember’s Civil Relief Act of 2003, TFCU has reviewed the Department of Defense website and determined Defendant is not in the military. See the Affidavit attached hereto as Exhibit “B”. 8. Pursuant to 40 O.S. §4-508(D), TFCU 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 that this Court enter money judgment for TFCU and against Defendant, Kristofer W. Schortemeier, in the amount of $21,219.07, plus interest since March 24, 2026, at a rate of 7.2400% per annum until paid and all contractual charges as set forth in the Contract and Plaintiff's court costs and a reasonable attorney's fee 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] RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Buyer Name and Address (Including County and Zip Code) KRIS SCHORTEMEIER 206 QUAIL DR. UNIT B ELK CITY, OK 73644 BECKHAM Co-Buyer Name and Address (Including County and Zip Code) N/A Seller-Creditor (Name and Address) WINDY NISSAN 114 Access Rd Elk City, OK 73644 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>USED</td> <td>2017</td> <td>NISSAN TITAN</td> <td>123,246</td> <td>1N6AA1E54HN501514</td> <td>Personal, family, or household unless otherwise indicated below<br>☐ business<br>☐ agricultural ☐ 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 the 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 $0.00</th> </tr> <tr> <td>7.24 %</td> <td>$8,487.68</td> <td>$35,428.00</td> <td>$43,915.68</td> <td>$43,915.68</td> </tr> </table> Your Payment Schedule Will Be: (e) means an estimate <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>72</td> <td>$609.94</td> <td>MONTHLY beginning 05/19/2022</td> </tr> <tr> <td>N/A</td> <td>$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 $27.00 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 HEREBYUNDERTHIS. 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 court action. See the Arbitration Provision for additional information concerning the agreement to arbitrate. Buyer Signs X ___________________________ Co-Buyer Signs X ___________________________ Buyer Signs X ___________________________ Co-Buyer Signs X ___________________________ EXHIBIT A ITEMIZATION OF AMOUNT FINANCED 1 Cash Price (including $ N/A sales/excise tax) $ 32,252.00 (1) 2 Total Downpayment = Trade-in N/A (Year) (Make) (Model) Gross Trade-In Allowance $ N/A Less Pay Off Made By Seller to N/A $ N/A Equals Net Trade In $ N/A + Cash $ N/A + Other N/A $ N/A + Other N/A $ N/A + Other N/A $ N/A (If total downpayment is negative, enter "0" and see 4f below) 3 Unpaid Balance of Cash Price (1 minus 2) $ 0.00 (2) $ 32,252.00 (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: Life $ N/A Disability $ 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 $ N/A 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 LICENSE AND/OR REG FEES $ 10.00 H Government Certificate of Title Fees $ N/A I Other Charges (Seller must identify who is paid and describe purpose.) to N/A for Prior Credit or Lease Balance $ N/A to WINDY NISSAN for DOC FEE $ 149.00 to NATIONAL AUTO CARE for SERVICE CONTRACT $ 3,017.00 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 Total Other Charges and Amounts Paid to Others on Your Behalf $ 3,176.00 (4) Amount Financed (3 + 4) $ 35,428.00 (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 N/A Mots. N/A I want to buy a gap contract. Name of Gap Contract Buyer Signs X N/A 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 Vendor's Single interest insurance 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 Home Office Address N/A N/A Credit life 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 [ ] Type of Insurance N/A Term N/A Premium $ N/A Insurance Company Name N/A Home Office Address N/A N/A [ ] Type of Insurance N/A Term N/A 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. Buyer Signs X [signature] Co-Buyer Signs X N/A 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 filling 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 X 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 X Date 04/04/2022 Co-Buyer Signs X Date N/A Buyer Printed Name KRIS SCHORTEMEIER Co-Buyer Printed Name N/A Title N/A If the "business" use box is checked in "Primary Use for Which Purchased": Print Name N/A Address 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 Address N/A Title N/A Seller signs WINDY NISSAN Date 04/04/2022 By X Title F&I MNGR 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 [X] Assigned without recourse [ ] Assigned with limited recourse Seller WINDY NISSAN By X Title FINANCE MANAGER ; AFFIDAVIT STATE OF OKLAHOMA COUNTY OF OKLAHOMA ) ss. Tay Parker, 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 Kristofer W Schortemeier not in the military. A copy is attached hereto. Signed under penalty of perjury, [Signature] Tay Parker Subscribed and sworn to before me this 29th day of January, 2025. Notary Public My Commission Expires: (SEAL) EXHIBIT B Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-9556 Birth Date: Last Name: SCHORTEMEIER First Name: Middle Name: Status As Of: Jan-29-2025 Certificate ID: 8BST5MBFJFKSF4C On Active Duty On Active Duty Status Date <table> <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> </table> This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date <table> <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> </table> This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date <table> <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. Sam Yousefzadeh Sam Yousefzadeh, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 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.
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