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CADDO COUNTY • CJ-2025-00129

Legacy Bank v. Newell Genetics, Inc.

Filed: Nov 7, 2025
Type: CJ

What's This Case About?

Let’s cut straight to the good part: a bank is trying to foreclose on a $277,995.28 debt — and counting — from a genetics company that may or may not have gone full Jurassic Park in rural Caddo County, Oklahoma. We don’t know if they were cloning prize-winning goats or reverse-engineering Neanderthal farmers, but we do know this: someone missed a payment, and now the whole Newell family tree is getting pruned by the legal system.

Meet the players. On one side, you’ve got Legacy Bank — not some Wall Street titan, but a local Oklahoma bank with a name that sounds like a retirement community for retired superheroes. They’re the ones holding the bag and, more importantly, the promissory note. On the other side? Newell Genetics, Inc., which sounds like a biotech startup with dreams of CRISPR-ing its way into the future, but in reality might just be a guy with a microscope and a dream in a barn somewhere off Rural Route, OK. Then there’s Christopher D. Newell and Krystal C. Newell — the husband-and-wife duo who apparently guaranteed the loan, meaning they said, “Yes, bank, if this genetics venture fails, you can come after our couch, our car, and possibly our firstborn.” And don’t forget Donna Kay Newell, who’s not just a family member but also the trustee of the Newell Family Revocable Trust — because nothing says “we’re serious about asset protection” like creating a trust on December 27, 2023, and then quietly transferring property out of harm’s way just over a year before the bank comes knocking.

So what happened? Let’s rewind. Back in March 2021, Newell Genetics borrowed $306,273 — not chump change, but not outrageous for a business loan either — signing a promissory note with Legacy Bank. The interest rate started at a modest 5.75%, which is fine if you’re growing corn or selling tractors. But this was a genetics company. Maybe they were breeding drought-resistant cattle. Maybe they were trying to patent a new strain of alfalfa. Whatever it was, the bank said, “Sure, here’s your money,” and everyone shook hands.

Then came the changes. Oh, the changes. Between April and November 2023 — a span of just seven months — the company came back three times asking to tweak the loan terms. That’s like going to your mom for a loan to fix your car, then coming back a month later saying, “Actually, can we push the payment date?” and doing it two more times. Legacy Bank, either out of kindness or poor risk management, agreed each time. They adjusted payments, interest, and extended the maturity date all the way to 2038. Which, let’s be honest, is basically “whenever the robots take over” in financial terms.

But here’s where it all fell apart: July 15, 2025. That’s the day Newell Genetics stopped paying. Not a single dime after that date. The bank waited a few months — until November 5, to be exact — and then did the math: $277,995.28 in principal still owed, plus $37,121.95 in accrued interest. And because the company defaulted, the interest rate skyrocketed to a jaw-dropping 14.991% — nearly 15% on a nearly $300,000 loan. That’s the kind of rate you’d expect from a payday lender, not a bank that probably has a drive-thru window.

Now, Legacy Bank isn’t just asking for the money. They’re coming for the land. The collateral. The premises, as the filing so dramatically calls it. And what premises they are: multiple parcels in Section 7, Township 9 North, Range 9 West — which, in human terms, is a big chunk of Oklahoma dirt. We’re talking about surface rights only, so no oil, no gas, just flat, red Oklahoma earth where, presumably, some genetic experiments may have once taken place. The mortgage was signed back in 2020 by Larry D. Newell and Donna Kay Newell (yes, another Newell — it’s like a family dynasty), and later modified in 2021 to cover the new loan. But then, in December 2023 — just over a year before the payments stopped — Larry and Donna transferred the property to the Newell Family Revocable Trust. Coincidence? Maybe. Or maybe someone saw the storm coming and tried to tuck the land away where the bank couldn’t reach it. Spoiler: it didn’t work. The bank says the mortgage comes first. The trust comes second. The law, in this case, is not a fan of last-minute real estate shuffle.

So why are they in court? Three reasons, neatly packaged like a legal burrito. First, breach of the promissory note — meaning Newell Genetics didn’t pay up. Second, foreclosure — Legacy wants to sell the land to cover the debt. And third, breach of personal guarantees — meaning Christopher and Krystal Newell personally promised to pay if the company couldn’t, and now the bank wants to hold them to it. It’s the financial equivalent of “you said you’d cover my half of the bar tab,” and then ghosting when the check arrives.

And what does Legacy Bank want? A judgment for $314,117.23 — that’s the principal, interest, and attorney fees. Plus, they want the land sold at auction, with the proceeds going to pay off the debt. Any leftover money goes to the court, and the Newells (and their trust) get wiped off the property records like a bad tattoo. Is $314,000 a lot? For a genetics company in rural Oklahoma, maybe not — if the science was working. But if the business failed, that’s a mountain of debt. And at 14.991% interest, that balance grows by $115.76 every single day until it’s paid. That’s not just compounding interest — that’s a financial horror movie.

Here’s the real tea: the most absurd part isn’t the loan. It’s the timing. Three loan modifications in seven months? A trust created less than two years before default? A genetics company in Caddo County? This isn’t just a missed payment — it’s a slow-motion financial collapse with all the warning signs ignored. And yet, Legacy Bank kept extending rope, possibly hoping the company would turn things around. But when July 15, 2025, came and went with no payment, they finally pulled the plug.

Are we rooting for the bank? Honestly, no. They played nice for too long, and now they’re stuck in a foreclosure battle over farmland that might not even cover the debt. Are we rooting for the Newells? Also no. If you sign a personal guarantee, you don’t get to vanish into a family trust when things go south. But do we want to know what Newell Genetics was actually doing? Absolutely. Was it goats? Was it corn? Was it gene-editing prize-winning llamas? The world may never know. But one thing’s for sure: in the high-stakes game of small-business lending, sometimes the only thing that gets cloned is the same old financial disaster.

Case Overview

Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$314,117 Monetary
Plaintiffs
Claims
# Cause of Action Description
1 breach of promissory note Legacy Bank is seeking to collect on a promissory note from Newell Genetics, Inc.
2 foreclosure of mortgage Legacy Bank is seeking to foreclose on a mortgage held by Newell Genetics, Inc.
3 breach of guarantees Legacy Bank is seeking to collect on personal guarantees made by Christopher D. Newell and Krystal C. Newell

Petition Text

1,756 words
IN THE DISTRICT COURT OF CADDO COUNTY STATE OF OKLAHOMA LEGACY BANK, an Oklahoma state banking corporation, Plaintiff, vs. NEWELL GENETICS, INC., an Oklahoma corporation; CHRISTOPHER D. NEWELL, an individual; KRYSTAL C. NEWELL, an individual; and DONNA KAY NEWELL, Trustee of the NEWELL FAMILY REVOCABLE TRUST dated December 27, 2023, Defendants. State of Oklahoma Caddo County FILED NOV - 7 2025 At O’Clock M. PATRICK BARROW, County Clerk BY [signature] Deputy Case No. CJ-2025-129 PETITION COMES NOW Plaintiff, Legacy Bank, an Oklahoma state banking corporation, and for its Petition against Newell Genetics, Inc. ("Borrower"), Christopher D. Newell ("Guarantor 1"), Krystal C. Newell ("Guarantor 2"), and Donna Kay Newell, Trustee of the Newell Family Revocable Trust dated December 27, 2023 ("Trustee"), alleges and states as follows: 1. Legacy Bank ("Legacy") is an Oklahoma state banking corporation. 2. The Borrower is an Oklahoma corporation. 3. The Guarantors are individuals and, upon information and belief, reside in Caddo County, Oklahoma. 4. On information and belief, Donna Kay Newell is Trustee of the Newell Family Revocable Trust dated December 27, 2023. 5. The real property that is the subject of this action is located in Caddo County, Oklahoma. Accordingly, venue in this Court is proper pursuant to OKLA. STAT. tit. 12 § 131(1)(c). FIRST CLAIM – BREACH OF PROMISSORY NOTE 11642968 Legacy, and for its First Claim against the Borrower, incorporates by reference Paragraphs 1 through 5, inclusive of this Petition, and further alleges and states as follows: 6. On March 19, 2021, and for good and valuable consideration, Borrower made, executed, and delivered to Legacy its Promissory Note No. 11642968 (the “Note”) in writing, for the original principal sum of $306,273.00, together with variable interest thereon at prime plus 1.991% resulting in an initial interest rate of 5.750% per annum (based upon a year of 360 days). 7. The terms of the Note were changed by way of a Change in Terms Agreement that Borrower executed on or around September 26, 2023 (“CIT Agreement No. 1”). Through CIT Agreement No. 1, Legacy adjusted the payment terms of the Note, adjusted the interest rate, and extended the maturity date of the Note pursuant to Borrower’s request. 8. The terms of the Note were further changed by way of a Change in Terms Agreement that Borrower executed on or around April 23, 2023 (“CIT Agreement No. 2”). Through the CIT Agreement No. 2, Legacy adjusted the payment terms of the Note pursuant to Borrower’s request. 9. The terms of the Note were further changed by way of a Change in Terms Agreement that Borrower executed on or around November 3, 2023 (“CIT Agreement No. 3”). Through the CIT Agreement No. 3, Legacy adjusted the payment terms of the Note pursuant to Borrower’s request. 10. The Note has a maturity date of July 15, 2038, on which date all principal and outstanding accrued interest is due and payable. 11. Events of default have occurred and continue under the Note since July 15, 2025, to wit: Borrower failed or refused to make the payments due on, from, and after July 15, 2025. 12. Legacy has elected, as provided in the Note, to declare the entire unpaid principal balance under the Note and all accrued unpaid interest immediately due, and the default variable interest rate of 14.991% per annum provided under the Note is being assessed. As of November 5, 2025, the total balance due and owing on the Note consists of the principal sum of $277,995.28, accrued interest in the amount of $37,121.95 through November 5, 2025, together with interest which is continuing to accrue from November 5, until fully paid, at the default variable interest rate of 14.991% per annum, with a per diem of $115.76. 13. The Note provides that Legacy may recover from Borrower Legacy’s costs and attorneys’ fees incurred in enforcing the Note. 14. Legacy has employed an attorney for the purposes of collecting the balance due and owing from Borrower pursuant to the Note, and Legacy is entitled to its reasonable attorneys’ fees therefore, all as more particularly provided by the terms of the Note and OKLA. STAT. tit. 12 § 936. SECOND CLAIM – FORECLOSURE OF MORTGAGE Legacy, and for its Second Claim against Defendants, incorporates by reference Paragraphs 1 through 14, inclusive of this Petition, and further alleges and states as follows: 15. On or about November 30, 2020, and for the express purpose of securing the payment of the indebtedness of Borrower, Larry D. Newell and Donna K. Newell made, executed, and delivered to Legacy a certain mortgage in writing dated November 18, 2020 (the “Mortgage”). 16. The Mortgage was duly executed, acknowledged, mortgage tax paid thereon, and recorded on December 2, 2020, in Book 3177, Pages 75-88, in the office of the County Clerk of Caddo County, Oklahoma. 17. The Mortgage covers the property described therein, together with all improvements and fixtures thereon and appurtenances thereto (the “Premises”), including, without limitation, the following: The North Half of the Northeast Quarter (N/2 NE/4) of Section Seven (7), Township Nine (9) North, Range Nine (9) West, I.M., Caddo County, Oklahoma; AND the South Half of the Northeast Quarter (S/2 NE/4) of Section Seven (7), Township Nine (9) North, Range Nine (9) West, I.M., Caddo County, Oklahoma, LESS AND EXCEPT a tract of land described as beginning at the Southeast corner of the Northeast Quarter (SE/c NE/4); thence North 300 feet; thence West 203 feet; thence South 300 feet; thence East 203 feet to the Point of Beginning; Surface and Surface Rights Only. And Lot 3 and the Northeast Quarter of the Southwest Quarter (NE/4 SW/4) of Section Seven (7), Township Nine (9) North, Range Nine (9) West, I.M., Caddo County, Oklahoma; Surface and Surface Rights Only. And The North Half of the Southeast Quarter (N/2 SE/4) of Section Seven (7), Township Nine (9) North, Range Nine (9) West, I.M., Caddo County, Oklahoma; Surface and Surface Rights Only. The Real Property or its address is commonly known as Rural Route, OK. 18. On or about March 23, 2021, and for the express purpose of securing the payment of the Note, Larry D. Newell and Donna K. Newell made, executed, and delivered to Legacy a certain modification of mortgage in writing dated March 19, 2021 (“Modification”). 19. The Modification was duly executed, acknowledged, mortgage tax paid thereon, and recorded on March 29, 2021, in Book 3188, Pages 195-199, in the office of the County Clerk of Caddo County, Oklahoma. 20. By reason of Borrower’s default in the payment and performance of the Note, an Event of Default has occurred under the terms of the Mortgage and Modification, entitling Legacy to foreclose its mortgage lien against the Premises to satisfy the balance due and owing on the Note which is the subject of Legacy’s First Claim of this Petition. 21. Defendant Donna Kay Newell as Trustee of the Newell Family Revocable Trust dated December 27, 2023, may claim some right, title, or interest in the Premises on account of that certain Quit Claim Deed from Larry Dennis Newell and Donna Kay Newell to the Newell Family Revocable Trust dated December 27, 2023, recorded on January 5, 2024, in Book 3286, Pages 640-645, in the office of the County Clerk of Caddo County, Oklahoma, but any such interest in the Premises is inferior to the Mortgage, Modification, claims and interest of Legacy. 22. The Mortgage provides that the Premises may be sold with or without appraisement at Legacy’s option, and Legacy hereby elects that the Premises be sold with appraisement. 23. The Mortgage provides that Legacy may recover from the Borrower costs and attorneys’ fees incurred in foreclosing the Mortgage. 24. Legacy has employed an attorney for the purposes of foreclosing its mortgage lien against the Premises, and is entitled to reasonable attorneys’ fees therefore, all as more particularly provided by the terms of the Mortgage and OKLA. STAT. tit. 42 § 176. THIRD CLAIM – BREACH OF GUARANTEES Legacy, and for its Third Claim against Defendants, incorporates by reference Paragraphs 1 through 24, inclusive of this Petition, and further alleges and states as follows: 25. On March 23, 2021, for the express purpose of inducing Legacy Bank to extend credit to Borrower, Guarantor 1 and Guarantor 2 executed and delivered to Legacy Bank their unlimited continuing commercial guarantees dated March 19, 2021, in which they absolutely and unconditionally guaranteed the payment and performance of the Note. 26. Events of Default have occurred and continue under Guarantor 1’s and Guarantor 2’s commercial guarantees. WHEREFORE, on the First and Third Claim of its Petition, Legacy prays that it have and recover a money judgment against Borrower, Guarantor 1, and Guarantor 2 for the balance due and owing on the Note, consisting of the principal sum of $277,995.28, accrued interest in the amount of $37,121.95 through November 5, 2025, together with interest which is continuing to accrue from November 5, until fully paid, at the default variable interest rate of 14.991% per annum, with a per diem of $115.76; that Legacy be awarded further judgment for its costs, together with reasonable attorney’s fees; and that the Court grant such other and further relief as may be deemed just and equitable. WHEREFORE, on the Second Claim of its Petition, Legacy prays that the Mortgage be declared a valid first, prior, and superior lien against the Premises, subject only to the payment of ad valorem taxes, if any; that the Mortgage be foreclosed and the Premises be ordered sold to satisfy the money judgment in Legacy’s favor against Borrower for the balance due and owing on the Note, which is the subject of the First Claim of this Petition; that Defendants be required to appear and set forth any right, title, claim, or interest they have, or may have, in and to the Premises; that Legacy be awarded judgment for its costs, and advancements for taxes, insurance premiums, or expenses necessary for the preservation of the Premises, if any, together with a reasonable attorney’s fee; and that the proceeds arising from the sale of the Premises be applied to the payment of the costs herein, the payment and satisfaction of the judgment, mortgage, and lien of Legacy, and that the surplus, if any, be paid into the registry of Court to abide further order of the Court; and That all right, title, and interest of Defendants, if any, in and to the Premises be adjudged subject, junior, and inferior to the mortgage lien and judgment of Legacy, subject only to unpaid ad valorem taxes, and that upon confirmation of such sale, Defendants, and all persons claiming by, through, or under them, be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate, or equity of redemption in or to the Premises, or any part thereof; that Legacy be awarded further judgment for its costs, advances for taxes and insurance, together with reasonable attorney’s fees; and that the Court grant such other and further relief as may be deemed just and equitable. Dated this 7th day of November, 2025. Respectfully submitted, Michael N. Brown, OBA #10219 Kathryn N. Nelson, OBA #35696 LEGACY BANK 2801 W. Memorial Road Oklahoma City, OK 73134 (405) 936-1964 – Mike Brown (405) 936-1968 – Katie Nelson (405) 936-1966 – Facsimile [email protected] [email protected] ATTORNEYS FOR PLAINTIFF, LEGACY BANK
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