McCurtain County National Bank v. Shanda Johnson-Williams

IN THE DISTRICT COURT IN AND FOR CHOCTAW COUNTY STATE OF OKLAHOMA MCCURTAIN COUNTY NATIONAL BANK, PLAINTIFF vs. SHANDA JOHNSON-WILLIAMS, HARLIE NICOLE WILLIAMS, JACOB JOE WILLIAMS; AND, LINDA SUE WILLIAMS, a minor, by CHRISTINA WILLIAMS, her mother and next friend; if living and if they or any of them be dead, then the heirs, executors, administrators, devisees, successors, trustees and assigns, immediate and remote of such of them, the said defendants, as might be dead; and, The known and unknown heirs, executors, administrators, devisees, successors, trustees and assigns, immediate and remote, of the following named deceased person: JAMIE ERIC WILLIAMS; DEFENDANTS. PETITION ON NOTES AND TO FORECLOSE MORTGAGE ON REAL PROPERTY Comes now the Plaintiff, McCurtain County National Bank and for its claims against the Defendants alleges and states as follows: 1. That the Plaintiff is a national bank organized and existing under the laws of the United States of America and is duly licensed and authorized to do business in the State of Oklahoma. 2. This Court has both jurisdiction and venue for these claims. 3. That on the 27th day of April, 2018, Jamie Eric Williams, executed and delivered to the Plaintiff, McCurtain County National Bank his first promissory note ("First Note") in the principal amount of NINETY-SEVEN THOUSAND EIGHT HUNDRED SIXTY-ONE AND 96/100 DOLLARS ($97,861.96) with interest thereon at the initial rate of six and one-quarter percent (6.25%) per annum. That a true and correct copy of said note is attached hereto marked Exhibit “A” and by reference made part hereof. 4. That as part and parcel of the same transaction, Jamie Eric Williams, an unmarried person, made executed and delivered to the Plaintiff, McCurtain County National Bank his Real Estate Mortgage ("Mortgage") covering the following described real property, (real estate), situated in Choctaw County, Oklahoma, to-wit: A piece of parcel of land lying in the NE 1/4 SW 1/4 NE 1/4 of Section 25, Township 6 South, Range 19 East of the IBM., and more particularly described by metes and bounds as follows: starting at the Southeast corner of the NE 1/4 SW 1/4 NE 1/4 of said Section, thence North 235 feet to the place of beginning, thence South 86°17' West 185 feet, thence North 29°35' West 344.5 feet, thence East 269 feet to Lake Raymond Gary, thence in a Southeasterly direction along the lake shoreline 108 feet, thence South 225 feet to the point of beginning. 5. That the Mortgage was recorded in the County Clerk’s office of Choctaw County, Oklahoma in Volume 417 at Pages 1016-1023; that the required mortgage tax was paid thereon. A true and correct copy of the said Mortgage is hereto attached, marked Exhibit “B” and by this reference made a part thereof. 6. That Jamie Eric Williams is in breach of contract and is in default under the terms and conditions of the said First Note and Mortgage hereto attached as Exhibits “A” and “B”. 7. That the default on the First Note and Mortgage has not been cured. 8. Plaintiff has exercised the option reserved in Plaintiff's First Note and Mortgage to declare all the sums thereunder due and payable. 9. Plaintiff further alleges that as of the 30th day of December, 2019 after all proper credits, Jamie Eric Williams is justly indebted to the Plaintiff on the First Note and Mortgage for the current balance of NINETY EIGHT THOUSAND ONE HUNDRED TWENTY-SIX AND 96/100 DOLLARS ($98,126.96) plus interest from December 30, 2019 at the current interest rate of six and one-quarter percent (6.25%) per annum, plus accrued and accruing costs incurred by Plaintiff in connection with the said First Note and Mortgage including, without limitation, attorneys’ fees, costs, delinquent property taxes and other expenses incurred in this action and to be incurred by the Plaintiff for which Jamie Eric Williams is liable. 10. Daily interest, late charges, and other expenses yet to be determined are accruing on Plaintiff’s First Note and Mortgage. 11. That on the 29th day of March, 2018 Jamie E. Williams executed and delivered to the Plaintiff, McCurtain County National Bank his promissory note (“Second Note”) in the principal amount of FOUR THOUSAND TWO HUNDRED NINETY THREE DOLLARS ($4,293.00) with interest thereon at the rate of 9.452% percent, per annum. That a true and correct copy of the Second Note is attached hereto marked Exhibit “C” and by reference made a part hereof. 12. That as of the 30th day of December, 2019 after all proper credits, Jamie Eric Williams is justly indebted to the Plaintiff on the Second Note for the current balance of THREE THOUSAND NINE HUNDRED TWENTY THREE AND 83/100 DOLLARS ($3,923.83) plus interest from December 30, 2019 at the rate of eight percent (8%) per annum, plus accrued and accruing costs incurred by Plaintiff in connection with the said Second Note, including, without limitation, attorney’s fees, costs, delinquent property taxes and other expenses incurred in this action and to be incurred by the Plaintiff for which James Eric Williams is liable. 13. That on the 9th day of October, 2018 Jamie E. Williams and Defendant, Shanda L. Williams, also known as Shonda L. Williams executed and delivered to the Plaintiff, McCurtain County National Bank their promissory note ("Third Note") in the principal amount of FIVE THOUSAND ONE HUNDRED SEVENTEEN DOLLARS ($5,117.00) with interest thereon at the rate of 9.561% percent, per annum. That a true and correct copy of the Third Note is attached hereto marked Exhibit "D" and by reference made a part hereof. 14. That as of the 30th day of December, 2019 after all proper credits, Jamie Eric Williams and Defendant, Shanda L. Williams, also known as Shonda L. Williams are justly indebted to the Plaintiff on the Third Note for the current balance of ONE THOUSAND NINE HUNDRED EIGHTY EIGHT AND 29/100 DOLLARS ($1,988.29) plus interest from December 30, 2019 at the rate of eight and one half percent (8.5%) per annum, plus accrued and accruing costs incurred by Plaintiff in connection with the said Third Note, including, without limitation, attorney's fees, costs, delinquent property taxes and other expenses incurred in this action and to be incurred by the Plaintiff for which James Eric Williams and Defendant, Shanda L. Williams, also known as Shonda L. Williams are liable. 15. That Jamie Eric Williams and Defendant, Shanda L. Williams, also known as Shonda L. Williams are in breach of contract and are in default under the term of the second and third notes hereto attached as Exhibits "C" and "D". 16. That default on the Second and Third Notes has not been cured. 17. Plaintiff has exercised the option reserved in Plaintiff's Second and Third Notes to declare all of the sums due and payable. 18. That the indebtedness due and owing to the Plaintiff on the above described second and third notes are cross collateralized and secured by the above described mortgage. 19. Plaintiff has incurred and continues to incur attorney fees in connection with this action. 20. That Jamie Eric Williams died on November 17, 2019 in Choctaw County, Oklahoma and he was survived by his wife, Defendant, Shanda Johnson-Williams and his children, Defendants, Harlie Nicole Williams, Jacob Joe Williams and Linda Sue Williams, a minor. They may claim some right, title or interest to the above described real property. Any such claim is junior and inferior to the mortgage lien of the plaintiff. 21. Plaintiff's Mortgage lien is superior to all liens, claims, or interests asserted by the Defendants. 22. Plaintiff further alleges that by reason of the premises and by reason of the default by Jamie Eric Williams in payment of said Notes and Mortgage as provided by their terms, Plaintiff is entitled to foreclosure of the aforementioned Mortgage and to have the said real property sold to satisfy all said indebtedness. 23. NOTICE OF RIGHT TO DEBT VALIDATION. In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C.A. Sec. 1692(g), if applicable, unless the person or entity responsible for their payment of the above debt, within thirty (30) days after receipt of this notice, disputes and the validity of the debt, or any portion thereof, the debt will be assumed to be valid: and if a said person(s) or entity notifies the undersigned attorney for Plaintiff in writing within said thirty day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debt and a copy of such verification will be mailed to said person(s) or entity by the undersigned attorney for Plaintiff; and upon written request by you within the thirty day period, the undersigned attorney for Plaintiff will provide the name and address of the original creditor, if different from the current creditor. This is a communication from a debt collector. This is a communication to collect a debt. Any and all information will be used for that purpose. ACCORDINGLY, PLAINTIFF DEMANDS JUDGMENT AS FOLLOWS: 1. IN REM JUDGMENT against Defendants, on the First Note for the sum of NINETY EIGHT THOUSAND ONE HUNDRED TWENTY-SIX AND 96/100 DOLLARS ($98,126.96), plus interest from December 30, 2019 at the current interest rate of six and one-quarter percent (6.25%), per annum until the judgment is satisfied, late charges, court costs and reasonable attorney fees as provided for in Plaintiff's First Note and Mortgage along with accruing costs, expenses, interest and other costs incurred by Plaintiff in the prosecution of this action; 2. IN REM JUDGMENT against Defendants, on the Second Note for the sum of THREE THOUSAND NINE HUNDRED TWENTY-THREE AND 83/100 DOLLARS ($3,923.83), plus interest from December 30, 2019 at the current interest rate of eight percent (8%), per annum until the judgment is satisfied, late charges, court costs and reasonable attorney fees as provided for in Plaintiff's Second Note along with accruing costs, expenses, interest and other costs incurred by Plaintiff in the prosecution of this action; 3. IN REM JUDGMENT against Defendants, on the Third Note for the sum of ONE THOUSAND NINE HUNDRED EIGHTY EIGHT AND 29/100 DOLLARS ($1,988.29), plus interest from December 30, 2019 at the current interest rate of eight and one-half percent (8.5%), per annum until the judgment is satisfied, late charges, court costs and reasonable attorney fees as provided for in Plaintiff's Note and Mortgage along with accruing costs, expenses, interest and other costs incurred by Plaintiff in the prosecution of this action; 4. IN PERSONAM JUDGMENT against Defendant, Shanda Johnson-Williams, also known as Shonda L. Williams, on the Third Note for the sum of ONE THOUSAND NINE HUNDRED EIGHTY EIGHT AND 29/100 DOLLARS ($1,988.29), plus interest from December 30, 2019 at the current interest rate of eight and one-half percent (8.5%), per annum until the judgment is satisfied, late charges, court costs and reasonable attorney fees as provided for in Plaintiff's Note and Mortgage along with accruing costs, expenses, interest and other costs incurred by Plaintiff in the prosecution of this action; 5. Declaring Plaintiff's Mortgage to be valid first and prior lien on the above described Real Estate and superior to any liens, interests, or claims asserted by the Defendants; 6. Ordering Plaintiff's Mortgage to be foreclosed against the Defendants; 7. Ordering the Real Estate sold with appraisement with the proceeds applied in the following order: first, to the payment of all costs and expenses of this action; second, to satisfy Plaintiff's judgment along with interest, attorney fees and cost and accruing costs; and third, the surplus, if any, to be paid into Court to abide further order; 8. Adjudging that upon confirmation of the sale of the above described real property, the defendants and all persons or entities claiming by, through, or under them, or any of them, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to the above described real property, or any part thereof; 9. For such other and further relief to which the plaintiff may be entitled. J. Frank Wolf, III OBA #11577 J. Frank Wolf, III PLLC 402 E. Jackson P.O. Box 726 Hugo, Oklahoma 74743 Telephone (580) 326-6427 Fax (580) 326-6032 Attorney for Plaintiff STATE OF OKLAHOMA ) ) COUNTY OF CHOCTAW ) Mary A. Tidwell, of lawful age, being first duly sworn, upon his oath, states: That she is the Vice-President of McCurtain County National Bank, the Plaintiff above named; that she has read the above and foregoing petition and that the matters and things contained therein are true and correct. Mary A. Tidwell, Vice-President Subscribed and sworn to before me this the 13th day of February, 2020. Jennifer Perez Notary Public My Commission Number: 16010966 My Commission Expires: 11-17-2020 Consumer Note Lender McCurtain County National Bank 20 N Park Broken Bow, OK 74728 Borrower JAMIE ERIC WILLIAMS P O BOX 303 FT TOWSON , OK 74735 Summary Loan Number: 2822832 Note Date: April 27, 2018 Loan Amount: $97,861.96 Maturity Date: May 27, 2025 Definitions "I", "me" or "my" means each Borrower or Cosigner who signs this note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. "Property" means all property securing this note. "Loan Documents" means all the documents executed as a part of or in connection with the transaction. Existing Loan Refinancing. ☐ This note will pay off the following described note(s): <table> <tr> <th>Note Date</th> <th>Note Number</th> <th>Note Amount</th> </tr> <tr> <td></td> <td></td> <td></td> </tr> </table> The remaining balance of the refinanced note(s) listed above is $_____ _____ _____ _____. Renewal. ☐ This note is a renewal of the following described note(s): <table> <tr> <th>Note Date</th> <th>Note Number</th> <th>Note Amount</th> </tr> <tr> <td></td> <td></td> <td></td> </tr> </table> The remaining balance of the renewed note(s) listed above is $_____ _____ _____ _____. Promise to Pay For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of ninety seven thousand eight hundred sixty-one and 96/100 dollars ($97,861.96), or so much of this amount as may be advanced from time to time under the terms of this Note. ☐ Single Advance. I will receive all of the loan amount on April 27, 2018. There will be no additional advances under this note. However, you may add other amounts to the principal if you make any payments described in the Payments by Lender section below. ☐ Multiple Advance. The loan amount shown above is the maximum amount I can borrow under this note. All advances will be made subject to the terms and conditions of this Note. ☐ On ___________ ________ ____ I will receive $_________ ________ ____ and future principal advances are permitted. You and I agree that I may borrow up to the maximum only one time (and subject to all other conditions and any separate agreement). The conditions for future advances are _____________________________ Purchase Money Loan. ☒ You may include the name of the seller on the check or draft for this note. Interest and Other Charges I agree to pay interest on the outstanding principal balance from April 27, 2018 at the rate of 6.25% per year until paid in full, subject to any rate changes provided in the Variable Rate section or Post-Maturity Rate section. Interest accrues on the principal remaining unpaid from time to time, until paid in full. If you give my loan money in more than one advance, each advance will start to earn interest only when I receive it. The interest rate(s) and other charges on this note will never exceed the highest rate or charge allowed by law for this note. If you collect more interest than the law and this note allow, you agree to refund it to me. If you send any erroneous notice of interest, you agree to correct it. ☒ Variable Rate. This rate may change as stated below. I will pay interest at the rates in effect from time to time. Change Dates. Each date on which the interest rate may change is called a "Change Date". The interest rate may change April 27, 2021 and every 36 months thereafter. The Index. Beginning with the first Change Date, the interest rate will be based on the following index: the base rate on corporate loans posted by at least 70% of the 10 largest U.S. banks known as the 'Wall Street Journal U.S. Prime Rate'. The most recent Index value available as of the date 30 days before each Change Date is called the "Current Index". The index you select will function only as a tool for setting the rate on this note. You do not guarantee, by selecting any index, that the interest rate on this note will have a particular relationship to the interest rate you charge on any other loans or any type or class of loans with your other customers. If the index ceases to exist, I agree that you may substitute a similar index for the original. You will follow any applicable laws regarding that substitution. You will give me notice of your choice. Calculation of Change. Before each Change Date, you will calculate the new interest rate, which will be 1.5% over the Current Index. The result of this calculation will be rounded to the nearest .125% and limited as provided in the Limitations section. The new interest rate will become effective on the Change Date and will remain in effect until the next Change Date. If there are no further Change Dates, then the new interest rate will remain in effect until changed according to the Post-Maturity Rate section. If there is no change under that section, then the new interest rate will remain in effect until the note is paid in full. Limitations. The following limitations (if any) apply. ☒ The interest rate cannot change more than 3% each time the rate changes. ☐ The interest rate cannot increase more than _____ _____ _____ _____ each year. ☐ The interest rate cannot decrease more than _____ _____ _____ _____ each year. ☒ The annual interest rate cannot be greater than 12.25%. ☒ The annual interest rate cannot be less than 3%. Effect of Increase or Decrease in Interest Rate. A change in the Interest Rate will have the following effect on the payments: The payment amount and amount due at maturity will change. Accrual Method. The amount of interest that I will pay on this note will be calculated on a/an Actual/365 basis. For interest calculation, the accrual method will determine the number of days in a year. Post-Maturity Rate. I agree to pay interest on the unpaid balance of this note owing after maturity on the same basis as before maturity, unless I agree to a specific post-maturity rate as stated below: ☐ Interest will accrue at the rate of ____________ per year on the balance of this note after the maturity date. Maturity date includes the date you demand payment of the note, either after a default or because the note is payable on demand. Late Charge. ☒ If I make a payment more than 10 days after it is due, I agree to pay a late charge of 5.000 percent of the payment amount or $24.50, whichever is greater. Additional Charges. ☒ The Loan Estimate and Closing Disclosure that were given to me list the fees and charges that apply to this loan. ☐ In addition to interest, I agree to pay the following charges which are included in the principal amount above: ☐ In addition to interest, I agree to pay the following charges which are not included in the principal amount above: Returned Payment Fee. ☐ I agree to pay a service charge of $________ for each payment (check or automatic payment) returned unpaid. Assumption This note and any document securing it cannot be assumed by someone buying the secured Property from me. This will be true unless you agree in writing to the contrary. Without such an agreement, if I try to transfer any interest in the Property securing this note, I will be in default on this note. You may proceed against me under any due on sale clause in the security agreement, which is incorporated by reference. Payments I agree to pay this note as follows: ☐ Demand. I agree to pay this note on demand. Upon your demand the entire unpaid balance of principal and accrued interest, along with any earned, and unpaid fee or charges, and the amount of any advances made on my behalf, will be due and owing whether or not I am in default under this note. ☐ Single Payment. I agree to pay all principal and accrued interest on this note on or before _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ 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_____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ pay in full the principal balance and all accrued interest on this note. ☑ Principal and Interest Payments. I agree to pay this note in 85 monthly payments. A payment of $715.60 will be due on May 27, 2018 and on the same day of each month until May 27, 2025. On that date, I agree to pay in full the principal balance and all accrued interest on this note. See the Effect of Increase or Decrease in Interest Rate section regarding possible changes in the payment schedule if the interest rate changes. ☐ Two Phase Loan. I agree to pay accrued interest on this note in ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ payments on ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ and the same day of each ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ until ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ I agree to then make ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ payments of principal and interest on that date and on the same date of each ___ ___ ___ ___ ___ ___ ___ ___ ___ thereof thereafter until ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ . Those payments will be in an amount sufficient to pay in full the note balance outstanding on ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ . On ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ , I agree to pay in full the principal balance and all accrued interest on this note. See the Effect of Increase or Decrease in Interest Rate section regarding possible changes in the payment schedule if the interest rate changes. ☒ Separate Balloon Disclosure. ☒ A final balloon payment of $76,668.55, together with accrued interest, if any, will be due May 27, 2025. The actual amount of my final payment will depend on my payment record, subject to any rate changes provided in the Variable Rate section or Post-Maturity Rate section. ☐ A final balloon payment of up to $___________, together with accrued interest, if any, will be due ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ . The final amount of my balloon payment will depend on my payment record and the amount advanced, subject to any rate changes provided in the Variable Rate section or Post-Maturity Rate section. ☒ Demand Feature. In addition I agree to pay this note on demand. Upon your demand the entire unpaid balance of principal and accrued interest, along with any earned, and unpaid fee or charges, and the amount of any advances made on my behalf, will be due and owing whether or not I am in default under this note. ☐ Skip Payments. Notwithstanding anything to the contrary contained in this note, no payments of ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ will be due and payable in ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ of any year during the term of this note. ☐ Negative Amortization. If the amount of a scheduled payment does not equal or exceed interest accrued during the payment period the unpaid portion will be added to, and will be payable with, the next scheduled payment. Rounding and Other Information. Payments will be rounded to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. Application of Payments. Except as otherwise provided in this note, each payment I make on this note will be applied first to escrow that is due, then to interest that is due, then to principal that is due, and finally to any charges that I owe other than principal and interest. No late charge will be assessed on any payment when the only delinquency is due to late fees assessed on earlier payments and the payment is otherwise a full payment. In addition to the change in payments or payment amounts called for in the Effect of Increase or Decrease in Interest Rate section in the event of a change in a variable interest rate, the actual amount of my final payment will also depend on my payment record. Prepayment. I may prepay this note in whole, or in part, at any time, without penalty. If I prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. Default and Remedies Default. Subject to any limitations in the Real Estate or Residence Security section, I will be in default if any of the following occur: 1. Payments. I fail to make a payment as required by this note. 2. Property. My action or inaction adversely affects the Property or your rights in the Property. 3. Fraud. I engage in fraud or material misrepresentation in connection with this transaction. 4. ☐ Other Documents. A default occurs under the terms of any other Loan Document. Remedies. If I am in default on this note, and after you give any legally required notice and opportunity to cure the default, you have, but are not limited to, the following remedies: 1. You may demand immediate payment of all I owe you under this note (principal, accrued unpaid interest and other accrued charges); 2. You may set off this debt against any right I have to the payment of money from you, subject to the terms of the Set-Off section herein; 3. You may demand security, additional security, or additional parties to be obligated to pay this note as a condition for not using any other remedy; 4. You may refuse to make advances to me; 5. You may use any remedy you have under state or federal law; and 6. You may require me to gather the Property and make it available to you in a reasonable fashion (unless prohibited by law); keep or dispose of the Property as provided by law; apply the proceeds to your expenses of collection and enforcement and then to the secured debt; and, unless prohibited by law and following any required notice of deficiency, hold me liable for any deficiency if what you receive from the sale does not satisfy the secured debts. By selecting any one or more of these remedies you do not give up your right to later use any other remedy. By waiving your right to declare an event to be a default, you do not waive your right to later consider the event as a default if it continues or happens again. Real Estate or Residence Security. If this note is secured by real estate or a residence that is personal property, the existence of a default and your remedies for such a default will be determined by applicable law, by the terms of any separate instrument creating the security interest and, to the extent not prohibited by law and not contrary to the terms of the separate security instrument, by the Default and Remedies sections of this note. Payments by Lender. If you are authorized to pay, on my behalf, charges I am obligated to pay (such as property insurance premiums), then you may treat those payments made by you as advances and add them to the unpaid principal under this note, or you may demand immediate payment of the charges. Collection Costs and Attorneys’ Fees. To the extent permitted by law, I agree to pay all reasonable costs of collection, replevin (an action for the recovery of property wrongfully taken or detained) or any other or similar type of cost if I am in default, to the extent permitted by law. In addition, if you hire an attorney to collect this note, I also agree to pay any fee you incur with such attorney, plus court costs (except where prohibited by law). To the extent permitted by the United States Bankruptcy Code, I also agree to pay the reasonable attorneys' fees and costs you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. Set-Off. I agree that you may set off any amount due and payable under this note against any right I have to receive money from you. "Right to receive money from you" means: 1. Any deposit account balance I have with you; 2. Any money owed to me on an item presented to you or in your possession for collection or exchange; and 3. Any repurchase agreement or other nondeposit obligation. "Any amount due and payable under this note" means the total amount of which you are entitled to demand payment under the terms of this note at the time you set off. This total includes any balance the due date for which you properly accelerate under this note. If my right to receive money from you is also owned by someone who has not agreed to pay this note, your right of set-off will apply to my interest in the obligation and to any other amounts I could withdraw on my sole request or endorsement. Your right of set-off does not apply to an account or other obligation where my rights arise only in a representative capacity. It also does not apply to any individual retirement account or other tax-deferred retirement account. You will not be liable for the dishonor (nonpayment) of any check when the dishonor occurs because you set off this debt against any of my accounts. I agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off. Security ☒ This note is separately secured by: 1031 SOUTH MAIN ST FT TOWSON OK 74735 Other Security. ☐ Any present or future agreement securing any other debt I owe you also will secure the payment of this note. Other Debts and Property. Property securing another debt will not secure this note if such property is my principal dwelling and you fail to provide any required notice of right of rescission (i.e., right to cancel). Also, property securing another debt will not secure this note to the extent such property is household goods. No present or future agreement securing any other debt I owe you will secure the payment of this note if, with respect to this note, you fail to fulfill any necessary requirements or conform to any limitations of Regulations Z and X that are required for loans secured by the Property or if, as a result, this note would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. Insurance Required Credit Insurance. ☐ The insurance listed below is required to obtain credit. I have the option of furnishing the required amount of insurance through existing insurance policies owned or controlled by me, or by obtaining the required coverage through any insurer reasonably acceptable to you. If I obtain the required credit insurance from you I will pay the following premium: Optional Credit Insurance. ☐ Credit life, credit accident and sickness (disability), and any other insurance coverage quoted below are not required to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such coverage, you will obtain it for me (if I qualify for coverage). You are quoting below ONLY the coverages that you offered me on this note. Property Insurance. ☒ I may obtain property insurance from anyone I want that is acceptable to you. If I get the insurance from or through you I will pay ____-____-____-____ for ____-____-____-____ of coverage. Single Interest Insurance. ☐ I may obtain single interest insurance from anyone I want that is acceptable to you. If I get the insurance from or through you I will pay $____-____-____-____ for ____-____-____-____ of coverage. Private Mortgage Insurance. ☐ I may obtain private mortgage insurance as described in other documents I sign for the loan. You will not provide the insurance unless I separately sign and agree to pay the additional cost. Flood Insurance. ☐ I will insure the real property securing the loan against hazards caused by flooding as described by other documents I sign for the loan. If I get the insurance from or through you I will pay $____-____-____-____ for ____-____-____-____ of coverage. ☒ Flood insurance is not required at this time. It may be required in the future should the Property be included in a updated flood plain map. If required in the future, I may obtain flood insurance from anyone I want that is reasonably acceptable to you. Commissions. I understand and agree that you (or your affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other services that I buy through you or your affiliate. General Terms This note is governed by the law of the state of Oklahoma, the United States of America, and to the extent required, by the law of the jurisdiction where the Property is located. Any term of this note which is contrary to applicable law will not be effective, unless the law permits you and me to agree to such a variation. If any provision of this note cannot be enforced according to its terms, this fact will not affect the enforceability of the remainder of this note. No modification of this note may be made without your express written consent. Time is of the essence in this note. If Other Persons Owe on the Loan. I understand that I must pay this note even if someone else has also agreed to pay it (by, for example, signing this form or a separate guarantee or endorsement). You may sue me alone, or anyone else who is obligated on this note, or any number of us together, to collect this note. You may do so without any notice that it has not been paid (notice of dishonor). You may, without notice, release any party to this note without releasing any other party. If you give up any of your rights, with or without notice, it will not affect my duty to pay this note. Any extension of new credit to any of us, or renewal of this note by all or less than all of us will not release me from my duty to pay it. (Of course, you are entitled to only one payment in full.) Extending the Note; Assigning my Obligation. I agree that you may at your option extend this note or the debt represented by this note, or any portion of the note or debt, from time to time without limit or notice and for any term without affecting my liability for payment of the note. I will not assign my obligation under this note without your prior written approval. Giving up my Rights. To the extent not prohibited by law, and except for any required notice or right to cure, I give up my rights to require you to: 1. Demand payment of amounts due (presentment); 2. Obtain official certification of nonpayment (protest); 3. Give notice that amounts due have not been paid (notice of dishonor). I give up any rights that a guarantor would have to avoid paying the note (unless it has been fully paid). I also give up any rights to avoid paying based on any action you have taken regarding any mortgage or other collateral for the note. I give up any rights under this note only if the law allows me to. Financial Information. I will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purpose. The purpose of this note is PURCHASE AND REMODEL REAL ESTATE. Notice Unless otherwise required by law, any notice to me shall be given by delivering it or by mailing it by first class mail addressed to me at my last known address. My current address is in the Date and Parties section. I agree to inform you in writing of any change in my address. I will give any notice to you by mailing it first class to your address stated in the Date and Parties section, or to any other address that you have designated. Additional Terms [ ] ___ ___ ___ ___ ___ ___ FTC Notice [ ] 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 WITH THE PROCEEDS HEREOF. RECOVERY HEREBY UNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Signatures I understand that terms following a [ ] apply only if checked. By signing, I agree to the terms contained in this note. I also acknowledge receipt of a copy of this note on today's date. Borrower [JAMIE ERIC WILLIAMS] Date 4/29/18 Lender McCurtain County National Bank a/an Oklahoma Corporation [MARY A TIDWELL] Date 4-27-18 Loan Origination Organization: McCurtain County National Bank NMLS ID: 490554 Loan Originator: MARY TIDWELL NMLS ID: 506361 Return To: McCurtain County National Bank-Broken Bow Prepared By: McCurtain County National Bank-Broken Bow 20 N PARK DR BROKEN BOW, OK 74728 Mortgage The date of this Mortgage ("Security Instrument") is April 27, 2018. Mortgagor JAMIE ERIC WILLIAMS An unmarried individual P O BOX 303 FT TOWSON, OK 74735 Lender McCurtain County National Bank Organized and existing under the laws of the United States 20 N Park Broken Bow, OK 74728 1. Conveyance. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender, with the power of sale, the following described property: A PIECE OF PARCEL OF LAND LYING IN THE NE 1/4 SW 1/4 NE 1/4 OF SECTION 25, TOWNSHIP 6 SOUTH, RANGE 19 EAST OF THE IBM., AND MORE PRACTICALLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: STARTING AT THE SOUTHEAST CORNER OF THE NE 1/4 SW 1/4 NE 1/4 OF SAID SECTION, THENCE NORTH 235 FEET TO THE PLACE OF BEGINNING, THENCE SOUTH 86°17' WEST 185 FEET, THENCE NORTH 29°35' WEST 344.5 FEET, THENCE EAST 269 FEET TO LAKE RAYMOND GARY, THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE LAKE SHORELINE 108 FEET, THENCE SOUTH 225 FEET TO THE POINT OF BEGINNING. The property is located in CHOCTAW County at 1031 S MAIN ST, FT TOWSON, Oklahoma 74735. (Handwritten text mostly illegible) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 2. Maximum Obligation Limit. The total principal amount secured by this Security Instrument at any one time shall not exceed $97,861.96. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. Secured Debt and Future Advances. The term "Secured Debt" is defined as follows: (A) Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. The promissory note signed by JAMIE ERIC WILLIAMS (the "Borrower") and dated the same date as this Security Instrument (the "Note"). The Note states that Borrower owes Lender ninety seven thousand eight hundred sixty-one and 96/100 Dollars (U.S. $97,861.96) plus interest. Borrower has promised to pay this debt in regular periodic payments and to pay the debt in full not later than May 27, 2025. (B) All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. (C) All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. (D) All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. This Security Instrument will not secure any other debt if Lender fails, with respect to that other debt, to fulfill any necessary requirements or to conform to any limitations of Regulation Z and X that are required for loans secured by the Property. 4. Payments. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 5. Warranty of Title. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 6. Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: (A) To make all payments when due and to perform or comply with all covenants. (B) To promptly deliver to Lender any notices that Mortgagor receives from the holder. (C) Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 7. Claims Against Title. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 8. Due on Sale or Encumbrance. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law, as applicable. 9. Warranties and Representations. Mortgagor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing Mortgagor or to which Mortgagor is a party. 10. Property Condition, Alterations and Inspection. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. Authority to Perform. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. 12. Leaseholds; Condominiums; Planned Unit Developments. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 13. Default. The Mortgagor will be in default if any of the following occur: (a) Payments. Any party obligated on the note fails to make a payment when due. (b) Property. Any action or inaction by the Mortgagor adversely affects the Property or Lender's rights in the Property. (c) Fraud. The Borrower or the Mortgagor engages in fraud or material misrepresentation in connection with this transaction. 14. Remedies on Default. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents, including the power to sell the Property. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. Lender has the power to sell the Property. If Lender invokes the power of sale, Lender shall give notice in the manner required by applicable law to Mortgagor and any other persons prescribed by law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied to the manner prescribed by applicable law. 15. Expenses; Advances on Covenants; Attorneys' Fees; Collection Costs. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. Expenses include, but are not limited to, attorneys' fees if you hire an attorney, court costs and other legal expenses. This Security Instrument shall remain in effect until released. 16. Environmental Laws and Hazardous Substances. As used in this section, (1) "Environmental Law" means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) "Hazardous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste," or "hazardous substance," under any Environmental Law. Mortgagor represents, warrants and agrees that: (A) Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. (B) Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. (C) Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. (D) Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 17. Condemnation. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 18. Insurance. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause". Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 19. Escrow for Taxes and Insurance. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 20. Financial Reports and Additional Documents. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 21. Joint and Individual Liability; Co-Signers; Successors and Assigns Bound. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 22. Applicable Law; Severability; Interpretation. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 23. Notice. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address in this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 24. Waiver of Appraisement. Appraisement of the Property is waived or not waived at Lender's option. Lender shall exercise this option before or at the time judgment is entered in any foreclosure. 25. Other Terms. If checked, the following are applicable to this Security Instrument: ☐ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. ☐ Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. ☑ Purchase Money Mortgage. The Secured Debt includes money which is used in whole or in part to purchase the Property. ☐ Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] ☐ Condominium Rider ☐ Planned Unit Development Rider ☐ Other: Additional Terms. NOTICE TO MORTGAGOR: A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW LENDER TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY MORTGAGOR UNDER THIS MORTGAGE. Signatures By signing below, Mortgagor agrees to the terms and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated in this Security Instrument. Mortgagor JAMIE ERIC WILLIAMS Date 4-21-18 Acknowledgment State of Oklahoma County of MCCURTAIN This instrument was acknowledged before me on WILLIAMS, single person. Barbie Bohanan Notary Public Barbie Bohanan (Print Name) My commission expires: 09/09/30 Loan Origination Organization: McCurtain County National Bank NMLS ID: 490554 Loan Originator: MARY TIDWELL NMLS ID: 506361 <table> <tr> <th>LOAN NUMBER</th> <th>LOAN NAME</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>INITIALS</th> </tr> <tr> <td>2822136</td> <td>JAMIE E WILLIAMS</td> <td>993522</td> <td>03/29/18</td> <td>MAT</td> </tr> <tr> <th>NOTE AMOUNT</th> <th>INDEX (w/Margin)</th> <th>RATE</th> <th>MATURITY DATE</th> <th>LOAN PURPOSE</th> </tr> <tr> <td>$4,293.00</td> <td>Not Applicable</td> <td>8.000%</td> <td>09/29/18</td> <td>Consumer</td> </tr> </table> Creditor Use Only PROMISSORY NOTE, SECURITY AGREEMENT AND TRUTH-IN-LENDING DISCLOSURES (Consumer · Closed End) DATE AND PARTIES. The date of this Promissory Note, Security Agreement and Truth-In-Lending Disclosures (Loan Agreement) is March 29, 2018. The parties and their addresses are: LENDER: MCCURTAIN COUNTY NATIONAL BANK #490554 20 N Park Broken Bow, OK 74728 Telephone: (580) 584-7741 BORROWER: JAMIE E WILLIAMS PO BOX 303 FT TOWSON, OK 74735 Scanned/Uploaded Bank Manager Date 4/2/18 By The pronouns "I," "me," and "my" refer to each Borrower signing this Loan Agreement, individually and together with their heirs, successors and assigns, and each other person or legal entity including guarantors, endorsers, and sureties who agrees to pay this Loan Agreement. "You" and "Your" refer to the Lender, any participants or syndicators, successors and assigns, or any person or company that acquires an interest in the Loan. Loan Documents refer to all documents executed as a part of or in connection with the Loan. Property means any property, real, personal or intangible, that secures my performance of the obligations of this Loan Agreement. Rates and rate change limitations are expressed as annualized percentages. All dollar amounts will be payable in lawful money of the United States of America. <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>AMOUNT FINANCED</th> <th>TOTAL OF PAYMENTS</th> </tr> <tr> <td>The cost of my credit as a yearly rate.</td> <td>The dollar amount the credit will cost me.</td> <td>The amount of credit provided to me or on my behalf.</td> <td>The amount I will have paid when I have made all scheduled payments.</td> </tr> <tr> <td>9.452%</td> <td>$203.13</td> <td>$4,263.00</td> <td>$4,466.13</td> </tr> </table> Payment Schedule. My 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>1</td> <td>$4,466.13</td> <td>September 29, 2018</td> </tr> </table> Demand. This loan has a demand feature. Security. I am giving a security interest in: Motor Vehicle (Non-Residence) Filing Fees. File Fee: $10.00. Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $24.50, whichever is greater. Prepayment. If I pay off early, I will not have to pay a minimum finance charge. Assumption. Someone buying the Property securing the obligation cannot assume the remainder of the obligation on the original terms. Contract Documents. I will see my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. 1. PROMISE TO PAY. For value received, I promise to pay you or your order the principal sum of $4,293.00 (Principal) plus interest at the rate of 8.000 percent (Interest Rate) from March 29, 2018 on the unpaid Principal balance until this Loan Agreement matures or this obligation is accelerated. After maturity or acceleration, interest will accrue on the unpaid Principal balance if this Loan Agreement is in effect from time to time, until paid in full. Any amount assessed or collected as interest under the terms of this Loan Agreement will be limited to the maximum lawful amount of interest allowed by applicable law. Amounts collected in excess of the maximum lawful amount will be applied first to the unpaid Principal balance. Any remainder will be refunded to me. Interest accrues using an Actual/365 days counting method. 2. ADDITIONAL CHARGES. As additional consideration, I agree to pay, or have paid, these additional fees and charges. A. Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay this Loan Agreement before the scheduled maturity date. Loan. A(n) Loan fee of $30.00 payable from the loan proceeds. Credit Report. A(n) Credit Report fee of $8.00 payable from the loan proceeds. Filing. A(n) Filing fee of $10.00 payable from the loan proceeds. 3. REMEDIAL CHARGES. In addition to interest or other finance charges, I agree that I will pay these additional fees based on my method and pattern of payment. Additional remedial charges may be described elsewhere in this Loan Agreement. A. Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $24.50, whichever is greater. I will pay this late charge promptly but only once for each late payment. 4. PAYMENT. I agree to pay this Loan Agreement on demand, but if no demand is made, I agree to pay this Loan Agreement in a single payment of all unpaid Principal and accrued interest on September 29, 2018. Payments will be rounded down to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. 5. RIGHT TO REFINANCE. If any scheduled payment is more than twice as large as the average of earlier scheduled payments, I have the right to refinance the amount of such payment at the time it is due without penalty, as provided for by state law. The terms of the refinancing shall be no less favorable than the terms of the original transaction. This section does not apply if the payment schedule is adjusted because of my seasonal or irregular income. 6. PREPAYMENT. I may prepay this Loan Agreement in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 7. LOAN PURPOSE. The purpose of this Loan is PURCHASE TRUCK. 8. SECURITY. The Loan is secured by Property described in the SECURITY AGREEMENT section of this Loan Agreement. 9. SECURITY AGREEMENT. A. Secured Debts. This Security Agreement will secure the following debts (Secured Debts), together with all extensions, renewals, refinancings, modifications and replacements of these debts: (1) Sums Advanced under the terms of this Loan Agreement. All sums advanced and expenses incurred by you under the terms of this Loan Agreement. (2) All Debts. All present and future debts of all Borrowers owing to you, even if this Security Agreement is not specifically referenced, the future debts are also secured by other collateral, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Agreement, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Agreement. Nothing in this Security Agreement constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. This Security Agreement will not secure any debt which is also secured by real property or for which a non-possessory, non-purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. In addition, this Security Agreement will not secure any other debt if, with respect to such other debt, you fail to fulfill any necessary requirements or fail to conform to any limitations of the Truth in Lending Act (Regulation Z) or the Real Estate Settlement Procedures Act (Regulation X) that are required for loans secured by the Property or if, as a result, the other debt would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. B. Limitations on Cross-collateralization. The cross-collateralization clause on any existing or future loan, but not including this Loan, is void and ineffective as to this Loan, including any extension or refinancing. The Loan is not secured by a previously executed security instrument if a non-possessory, non-purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. The Loan is not secured by a previously executed security instrument if you fail to fulfill any necessary requirements or fail to conform to any limitations of the Real Estate Settlement Procedures Act, (Regulation X), that are required for loans secured by the Property or if, as a result, the other debt would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. The Loan is not secured by a previously executed security instrument if you fail to fulfill any necessary requirements or fail to conform to any limitations of the Truth in Lending Act, (Regulation Z), that are required for loans secured by the Property. C. Security Interest. To secure the payment and performance of the Secured Debts, I grant you a security interest in all of the Property described in this Security Agreement that I own or have sufficient rights in which to transfer an interest, now or in the future, wherever the Property is or will be located, and all proceeds and products from the Property (including, but not limited to, all parts, accessories, repairs, replacements, improvements, and accessions to the Property). Property is all the collateral given as security for the Secured Debts and described in this Security Agreement, and includes all obligations that support the payment or performance of the Property. "Proceeds" includes cash proceeds, non-cash proceeds and anything acquired upon the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising from the Property; and any collections and distributions on account of the Property. Property also includes any original evidence of title or ownership whether evidenced by a certificate of title or ownership, a manufacturer's statement of origin or other document when the Property is titled under any federal or state law. I will deliver the title documents and properly execute all title documents as necessary to reflect your security interest. This Security Agreement remains in effect until terminated in writing, even if the Secured Debts are paid and you are no longer obligated to advance funds to me under any loan or credit agreement. D. Property Description. The Property subject to this Security Agreement is described as follows: (1) Motor Vehicle, Mobile Home, Sport Craft, or Trailer. A Motor Vehicle of Make: TOYT, Year: 1997, Model: XTR, VIN: 4TAWM72N7VZ247420. E. Duties Toward Property. (1) Protection of Secured Party's Interest. I will defend the Property against any other claim. I agree to do whatever you require to protect your security interest and to keep your claim in the Property ahead of the claims of other creditors. I will not do anything to harm your position. (2) Use, Location, and Protection of the Property. I will use the Property only for personal, family, or household purposes. I will not use the Property in violation of any law. I will keep the Property in my possession at my address. I will notify you in writing and obtain your prior written consent to any change in location of any of the Property. I will immediately inform you of any loss or damage to the Property. I will not cause or permit waste to the Property. Until this Security Agreement is terminated, I will not grant a security interest in, or otherwise encumber, any of the Property without your prior written consent. I will pay all taxes and assessments levied or assessed against me or the Property and provide timely proof of payment of these taxes and assessments upon request. (3) Additional Duties Specific to Motor Vehicles, Sport Craft, or Trailers. So long as I am not in default under this Security Agreement, the Motor Vehicle, Sport Craft, or Trailer portion of the Property will not be restricted to a specific location and may be moved as necessary during ordinary use. However, they may not be taken out of state permanently nor removed from the United States or Canada without your prior written consent. F. Authority To Perform. I authorize you to do anything you deem reasonably necessary to protect the Property and your security interest in the Property. If I fail to perform any of my duties under this Loan Agreement, you are authorized, after providing me with the required notice, if any, and 10 days to comply, to perform the duties or cause them to be performed. You are authorized, but are not limited, to: pay and discharge taxes, liens, security interests or other encumbrances at any time levied or placed on the Property; pay any rents or other charges under any lease affecting the Property; order and pay for the repair, maintenance and preservation of the Property; file any financing statements on my behalf and pay for filing and recording fees pertaining to the Property; place a note on any chattel paper indicating your interest in the Property; take any action you feel necessary to realize on the Property, including performing any part of a contract or endorsing it in my name; handle any suits or other proceedings involving the Property in my name. If you perform for me, you will use reasonable care. G. Name and Location. My name indicated in the DATE AND PARTIES section is my exact legal name. I am located at the address indicated in the DATE AND PARTIES section. I will provide verification of registration and location upon your request. I will provide you with at least 30 days notice prior to any change in my name, address, or state of organization or registration. H. Perfection of Security Interest. I authorize you to file a financing statement and/or security agreement, as appropriate, covering the Property. I will comply with, facilitate, and otherwise assist you in connection with obtaining perfection or control over the Property for purposes of perfecting your security interest under the Uniform Commercial Code. I agree to pay all actual costs of terminating your security interest. 10. DEFAULT. I understand that you may demand payment anytime at your discretion. For example, you may demand payment in full if any of the following events (known separately and collectively as an Event of Default) occur: A. Payments and Performance. I fail to make a payment when due or perform any condition or keep any promise or covenant of this or any agreement I have made with you. B. Insolvency or Bankruptcy. I become insolvent or declare bankruptcy. C. Death or Incompetency. I die or am declared legally incompetent. 11. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Loan Agreement to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law, as applicable. 12. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. In addition, I, to the extent permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on these actions or based on the status of a party to this Loan Agreement. You may renew or extend payments on this Loan Agreement, regardless of the number of such renewals or extensions. You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. You may release, substitute or impair any Property securing this Loan Agreement. You, or any institution participating in this Loan Agreement, may invoke your right of set-off. You may enter into any sales, repurchases or participations of this Loan Agreement to any person in any amounts and I waive notice of such sales, repurchases or participations. I agree that any of us signing this Loan Agreement as a Borrower is authorized to modify the terms of this Loan Agreement or any instrument securing, guarantying or relating to this Loan Agreement. Except to the extent prohibited by law, I waive all claims for loss or damage caused by your acts or omissions where you acted reasonably and in good faith. 13. REMEDIES. After I default, and after you give any legally required notice and opportunity to cure the default, you may at your option do any one or more of the following. A. Acceleration. You may make all or any part of the amount owing by the terms of this Loan Agreement immediately due. B. Sources. You may use any and all remedies you have under state or federal law or in any Loan Document. C. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on my default. D. Payments Made On My Behalf. Amounts advanced on my behalf will be due and may be added to the balance owing under the terms of this Loan Agreement, and accrue interest at the highest post-maturity interest rate, after providing me with the required notice, if any, and 10 days to comply. E. Attachment. You may attach or garnish my wages or earnings. F. Set-Off. You may set off any amount due and payable under the terms of this Loan Agreement against my right to receive money from you, unless prohibited by applicable law. G. Repossession. You may require me to gather and make the Property available to you. You may repossess the Property so long as the repossession does not involve a breach of the peace. You may sell, lease or otherwise dispose of the Property as provided by law. You may apply what you receive from the disposition of the Property to your expenses, your attorneys' fees and legal expenses (where not prohibited by law), and any debt I owe you. If what you receive from the disposition of the Property does not satisfy the debt, I will be liable for the deficiency (where permitted by law). In some cases, you may keep the Property to satisfy the debt. Where a notice is required, I agree that ten days prior written notice sent by first class mail to my address listed in this Loan Agreement will be reasonable notice to me under the Oklahoma Uniform Commercial Code. H. Use and Operation. You may enter upon my premises and take possession of all or any part of my property for the purpose of preserving the Property or its value, so long as you do not breach the peace. You may use and operate my property for the length of time you feel is necessary to protect your interest, all without payment or compensation to me. I. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues or occurs again. 14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event of Default, to the extent permitted by law, I agree to pay all expenses of collection, enforcement or protection of your rights and remedies under this Loan Agreement or any other Loan Document. Expenses include, but are not limited to, reasonable attorneys' fees not in excess of 15 percent of the unpaid debt after default and referral to an attorney who is not your salaried employee. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of this Loan Agreement. All fees and expenses will be secured by the Property I have granted to you, if any. In addition, to the extent permitted by the United States Bankruptcy Code, I agree to pay the reasonable attorneys' fees incurred by you to protect your rights and interests in connection with any bankruptcy proceedings initiated by or against me. 15. COMMISSIONS. I understand and agree that you (or your affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other services that I buy through you or your affiliate. 16. WARRANTIES AND REPRESENTATIONS. I have the right and authority to enter into this Loan Agreement. The execution and delivery of this Loan Agreement will not violate any agreement governing me or to which I am a party. 17. INSURANCE. I agree to obtain the insurance described in this Loan Agreement. A. Single Interest Insurance. I will purchase Single Interest insurance for the amounts you require as described in one of the other documents I sign for the Loan. I may obtain Single Interest insurance from anyone I want that is acceptable to you. If I get the insurance from or through you, I will pay $45.00 for 6 month(s) of coverage. B. Property Insurance. I agree to keep the Property insured against the risks reasonably associated with the Property. I will maintain this insurance in the amounts you require. This insurance will last until the Property is released from this Loan Agreement. I may choose the insurance company, subject to your approval, which will not be unreasonably withheld. I will have the insurance company name you as loss payee on any insurance policy. I will give you and the insurance company immediate notice of any loss. You may apply the insurance proceeds toward what is owed on the Secured Debts. You may require added security as a condition of permitting any insurance proceeds to be used to repair or replace the Property. If you acquire the Property in damaged condition, my right to any insurance policies and proceeds will pass to you to the extent of the Secured Debts. I will immediately notify you of cancellation or termination of insurance. If I fail to keep the Property insured, you may obtain insurance to protect your interest in the Property and I will pay for the insurance on your demand. You may demand that I pay for the insurance all at once, or you may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance may include lesser or greater coverages than originally required of me, may be written by a company other than one I would choose, and may be written at a higher rate than I could obtain if I purchased the insurance. This insurance coverage does not satisfy any liability or property insurance that may be mandated by applicable state or federal law. I acknowledge and agree that you or one of your affiliates may receive commissions on the purchase of this insurance. 18. GENERAL PROVISIONS. If two or more Borrowers sign this Loan Agreement, we are liable to repay jointly and severally. This Loan Agreement is the complete and final expression of the agreement and may not be amended or modified by oral agreement. If any provision of this Loan Agreement is unenforceable, then the unenforceable provision will be severed and the remaining provisions will be enforceable. No present or future agreement securing any other debt I owe you will secure the payment of this Loan if, with respect to this loan, you fail to fulfill any necessary requirements or fail to conform to any limitations of the Truth in Lending Act (Regulation Z) or the Real Estate Settlement Procedures Act (Regulation X) that are required for loans secured by the Property or if, as a result, this Loan would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. This Loan Agreement is governed by the laws of Oklahoma, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail. Notice to one Borrower will be deemed to be notice to all Borrowers. I will inform you in writing of any change in my name, address or other application information. I will provide you any correct and complete financial statements or other information you request. I agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Loan and to confirm your lien status on any Property. Time is of the essence. I agree to supply you with whatever information you reasonably request. You will make requests for this information without undue frequency, and will give me reasonable time in which to supply the information. Uniform Consumer Credit Code Applies. I agree that this Loan is subject to 14A OSA § 1-101 through 14A OSA § 6-512 of the Uniform Consumer Credit Code, as amended. 19. ERRORS AND OMISSIONS. I agree, if requested by you, to fully cooperate in the correction, if necessary, in the reasonable discretion of you of any and all loan closing documents so that all documents accurately describe the loan between you and me. I agree to assume all costs including by way of illustration and not limitation, actual expenses, legal fees and marketing losses for failing to reasonably comply with your requests within thirty (30) days. ITEMIZATION OF AMOUNT FINANCED NOTE AMOUNT Amount given to me directly: BMO - Bank Money Order $4,200.00 Total amount given to me directly $4,200.00 Amount paid on my account $0.00 Amount paid to Lender for: Prepaid finance charge paid to Lender Loan $30.00 Total prepaid finance charge amount paid to Lender $30.00 Amount paid to others on my behalf*: Payee Name $8.00 Insurance Company $45.00 Public Officials $10.00 LESS: PREPAID FINANCE CHARGE $30.00 AMOUNT FINANCED $4,263.00 *Lender may retain or receive portions of these amounts. 20. SIGNATURES. By signing, I agree to the terms contained in this Loan Agreement. I also acknowledge receipt of a copy of this Loan Agreement. BORROWER: JAMIE E WILLIAMS Date 3/25/18 LENDER: McCurtain County National Bank #490554 By Mary A. Tidwell, Exec. Vice-President 7506361 Date 3/29/18 <table> <tr> <th>LOAN NUMBER</th> <th>LOAN NAME</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>INITIALS</th> </tr> <tr> <td>2825928</td> <td>SHONDA L WILLIAMS</td> <td>2825928</td> <td>10/09/18</td> <td>MAT</td> </tr> <tr> <th>NOTE AMOUNT</th> <th>INDEX (w/Margin)</th> <th>RATE</th> <th>MATURITY DATE</th> <th>LOAN PURPOSE</th> </tr> <tr> <td>$5,117.00</td> <td>Not Applicable</td> <td>8.500%</td> <td>10/08/19</td> <td>Consumer</td> </tr> </table> PROMISSORY NOTE, SECURITY AGREEMENT AND TRUTH-IN-LENDING DISCLOSURES (Consumer - Closed End) DATE AND PARTIES. The date of this Promissory Note, Security Agreement and Truth-In-Lending Disclosures (Loan Agreement) is October 9, 2018. The parties and their addresses are: LENDER: MCCURTAIN COUNTY NATIONAL BANK #490554 20 N Park Broken Bow, OK 74728 Telephone: (580) 584-7741 BORROWER: SHONDA L WILLIAMS PO BOX 303 Broken Bow, OK 74728 JAMIE E WILLIAMS PO BOX 303 FT TOWSON, OK 74735 The pronouns "I," "me," and "my" refer to each Borrower signing this Loan Agreement, individually and together with their heirs, successors and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Loan Agreement. "You" and "Your" refer to the Lender, any participants or syndicators, successors and assigns, or any person or company that acquires an interest in the Loan. Loan Documents refer to all the documents executed as a part of or in connection with the Loan. Property means any property, real, personal or intangible, that secures my performance of the obligations of this Loan Agreement. Rates and rate change limitations are expressed as annualized percentages. All dollar amounts will be payable in lawful money of the United States of America. <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>AMOUNT FINANCED</th> <th>TOTAL OF PAYMENTS</th> </tr> <tr> <td>The cost of my credit as a yearly rate.</td> <td>The dollar amount the credit will cost me.</td> <td>The amount of credit provided to me or on my behalf.</td> <td>The amount I will have paid when I have made all scheduled payments.</td> </tr> <tr> <td>9.561%</td> <td>$267.28</td> <td>$5,087.00</td> <td>$5,354.28</td> </tr> </table> Payment Schedule. My 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>12</td> <td>$446.19</td> <td>Monthly beginning November 8, 2018</td> </tr> </table> Demand. This loan has a demand feature. Security. I am giving a security interest in: Motor Vehicle (Non-Residence) Filing Fees. File Fee: $21.00. Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $24.50, whichever is greater. Prepayment. If I pay off early, I will not have to pay a minimum finance charge. Assumption. Someone buying the Property securing the obligation cannot assume the remainder of the obligation on the original terms. Contract Documents. I will see my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. 1. PROMISE TO PAY. For value received, I promise to pay you or your order the principal sum of $5,117.00 (Principal) plus interest at the rate of 8.500 percent (Interest Rate) from October 9, 2018 on the unpaid Principal balance until this Loan Agreement matures or this obligation is accelerated. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Loan Agreement at the Interest Rate in effect from time to time, until paid in full. Any amount assessed or collected as interest under the terms of this Loan Agreement will be limited to the maximum lawful amount of interest allowed by applicable law. Amounts collected in excess of the maximum lawful amount will be applied first to the unpaid Principal balance. Any remainder will be refunded to me. Interest accrues using an Actual/365 days counting method. 2. ADDITIONAL CHARGES. As additional consideration, I agree to pay, or have paid, the fees and charges listed on the APPENDIX: FEES AND CHARGES, which is attached to and made part of this Loan Agreement. 3. REMEDIAL CHARGES. In addition to interest or other finance charges, I agree that I will pay these additional fees based on my method and pattern of payment. Additional remedial charges may be described elsewhere in this Loan Agreement. A. Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment or $24.50, whichever is greater. I will pay this late charge promptly but only once for each late payment. 4. PAYMENT. I agree to pay this Loan Agreement on demand, but if no demand is made, I agree to pay this Loan Agreement in 12 payments. A payment of $446.19 will be due November 8, 2018, and on the 8th day of each month thereafter. A final payment of the entire unpaid balance of Principal and interest will be due October 8, 2019. Payments will be rounded down to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. Each payment I make on this Loan Agreement will be applied first to interest that is due, then to principal that is due, and finally to any charges that I owe other than principal and interest. No late charge will be assessed on any payment when the only delinquency is due to late fees assessed on earlier payments and the payment is otherwise a full payment. You may change how payments are applied in your sole discretion without notice to me. The actual amount of my final payment will depend on my payment record. 5. RIGHT TO REFINANCE. If any scheduled payment is more than twice as large as the average of earlier scheduled payments, I have the right to refinance the amount of such payment at the time it is due without penalty, as provided by state law. The terms of the refinancing shall be no less favorable than the terms of the original transaction. This section does not apply if the payment schedule is adjusted because of my seasonal or irregular income. 6. PREPAYMENT. I may prepay this Loan Agreement in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 7. LOAN PURPOSE. The purpose of this Loan is FINISH HOUSE. 8. SECURITY. The Loan is secured by Property described in the SECURITY AGREEMENT section of this Loan Agreement. 9. SECURITY AGREEMENT. A. Secured Debts. This Security Agreement will secure the following debts (Secured Debts), together with all extensions, renewals, refinancings, modifications and replacements of these debts: (1) Sums Advanced under the terms of this Loan Agreement. All sums advanced and expenses incurred by you under the terms of this Loan Agreement. (2) All Debts. All present and future debts of all Borrowers owing to you, even if this Security Agreement is not specifically referenced, the future debts are also secured by other collateral, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Agreement, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Agreement. Nothing in this Security Agreement constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. This Security Agreement will not secure any debt which is also secured by real property or for which a non-possessory, non-purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. In addition, this Security Agreement will not secure any other debt if, with respect to such other debt, you fail to fulfill any necessary requirements or fail to conform to any limitations of the Truth in Lending Act (Regulation Z) or the Real Estate Settlement Procedures Act (Regulation X) that are required for loans secured by the Property or if, as a result, the other debt would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. B. Limitations on Cross-collateralization. The cross-collateralization clause on any existing or future loan, but not including this Loan, is void and ineffective as to this Loan, including any extension or refinancing. The Loan is not secured by a previously executed security instrument if a non-possessory, non-purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. The Loan is not secured by a previously executed security instrument if you fail to fulfill any necessary requirements or fail to conform to any limitations of the Real Estate Settlement Procedures Act, (Regulation X), that are required for loans secured by the Property or if, as a result, the other debt would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. The Loan is not secured by a previously executed security instrument if you fail to fulfill any necessary requirements or fail to conform to any limitations of the Truth in Lending Act, (Regulation Z), that are required for loans secured by the Property. C. Security Interest. To secure the payment and performance of the Secured Debts, I grant you a security interest in all of the Property described in this Security Agreement that I own or have sufficient rights in which to transfer an interest, now or in the future, wherever the Property is or will be located, and all proceeds and products from the Property (including, but not limited to, all parts, accessories, repairs, replacements, improvements, and accessions to the Property). Property is all the collateral given as security for the Secured Debts and described in this Security Agreement, and includes all obligations that support the payment or performance of the Property. "Proceeds" includes cash proceeds, non-cash proceeds and anything acquired upon the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising from the Property; and any collections and distributions on account of the Property. Property also includes any original evidence of title or ownership whether evidenced by a certificate of title or ownership, a manufacturer's statement of origin or other document when the Property is titled under any federal or state law. I will deliver the title documents and properly execute all title documents as necessary to reflect your security interest. This Security Agreement remains in effect until terminated in writing, even if the Secured Debts are paid and you are no longer obligated to advance funds to me under any loan or credit agreement. D. Property Description. The Property subject to this Security Agreement is described as follows: (1) Motor Vehicle, Mobile Home, Sport Craft, or Trailer. A Motor Vehicle of Make: JOHN DEERE, Year: 2013, Model: , VIN: 1M0625GSPDM062165. E. Duties Toward Property. (1) Protection of Secured Party's Interest. I will defend the Property against any other claim. I agree to do whatever you require to protect your security interest and to keep your claim in the Property ahead of the claims of other creditors. I will not do anything to harm your position. (2) Use, Location, and Protection of the Property. I will use the Property only for personal, family, or household purposes. I will not use the Property in violation of any law. I will keep the Property in my possession at my address. I will notify you in writing and obtain your prior written consent to any change in location of any of the Property. I will immediately inform you of any loss or damage to the Property. I will not cause or permit waste to the Property. Until this Security Agreement is terminated, I will not grant a security interest in, or otherwise encumber, any of the Property without your prior written consent. I will pay all taxes and assessments levied or assessed against me or the Property and provide timely proof of payment of these taxes and assessments upon request. (3) Additional Duties Specific to Motor Vehicles, Sport Craft, or Trailers. So long as I am not in default under this Security Agreement, the Motor Vehicle, Sport Craft, or Trailer portion of the Property will not be restricted to a specific location and may be moved as necessary during ordinary use. However, they may not be taken out of state permanently nor removed from the United States or Canada without your prior written consent. F. Authority To Perform. I authorize you to do anything you deem reasonably necessary to protect the Property and your security interest in the Property. If I fail to perform any of my duties under this Loan Agreement, you are authorized, after providing me with the required notice, if any, and 10 days to comply, to perform the duties or cause them to be performed. You are authorized, but are not limited, to: pay and discharge taxes, liens, security interests or other encumbrances at any time levied or placed on the Property; pay any rents or other charges under any lease affecting the Property; order and pay for the repair, maintenance and preservation of the Property; file any financing statements on my behalf and pay for filing and recording fees pertaining to the Property; place a note on any chattel paper indicating your interest in the Property; take any action you feel necessary to realize on the Property, including performing any part of a contract or endorsing it in my name; handle any suits or other proceedings involving the Property in my name. If you perform for me, you will use reasonable care. G. Name and Location. My name indicated in the DATE AND PARTIES section is my exact legal name. I am located at the address indicated in the DATE AND PARTIES section. I will provide verification of registration and location upon your request. I will provide you with at least 30 days notice prior to any change in my name, address, or state of organization or registration. H. Perfection of Security Interest. I authorize you to file a financing statement and/or security agreement, as appropriate, covering the Property. I will comply with, facilitate, and otherwise assist you in connection with obtaining perfection or control over the Property for purposes of perfecting your security interest under the Uniform Commercial Code. I agree to pay all actual costs of terminating your security interest. 10. DEFAULT. I understand that you may demand payment anytime at your discretion. For example, you may demand payment in full if any of the following events (known separately and collectively as an Event of Default) occur: A. Payments and Performance. I fail to make a payment when due or perform any condition or keep any promise or covenant of this or any agreement I have made with you. B. Insolvency or Bankruptcy. I become insolvent or declare bankruptcy. C. Death or Incompetency. I die or am declared legally incompetent. 11. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Loan Agreement to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law, as applicable. 12. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. In addition, I, to the extent permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on these actions or based on the status of a party to this Loan Agreement. You may renew or extend payments on this Loan Agreement, regardless of the number of such renewals or extensions. You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. You may release, substitute or impair any Property securing this Loan Agreement. You, or any institution participating in this Loan Agreement, may invoke your right of set-off. You may enter into any sales, repurchases or participations of this Loan Agreement to any person in any amounts and I waive notice of such sales, repurchases or participations. I agree that any of us signing this Loan Agreement as a Borrower is authorized to modify the terms of this Loan Agreement or any instrument securing, guarantying or relating to this Loan Agreement. Except to the extent prohibited by law, I waive all claims for loss or damage caused by your acts or omissions where you acted reasonably and in good faith. 13. REMEDIES. After I default, and after you give any legally required notice and opportunity to cure the default, you may at your option do any one or more of the following. A. Acceleration. You may make all or any part of the amount owing by the terms of this Loan Agreement immediately due. B. Sources. You may use any and all remedies you have under state or federal law or in any Loan Document. C. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on my default. D. Payments Made On My Behalf. Amounts advanced on my behalf will be due and may be added to the balance owing under the terms of this Loan Agreement, and accrue interest at the highest post-maturity interest rate, after providing me with the required notice, if any, and 10 days to comply. E. Attachment. You may attach or garnish my wages or earnings. F. Set-Off. You may set off any amount due and payable under the terms of this Loan Agreement against my right to receive money from you, unless prohibited by applicable law. G. Repossession. You may require me to gather and make the Property available to you. You may repossess the Property so long as the repossession does not involve a breach of the peace. You may sell, lease or otherwise dispose of the Property as provided by law. You may apply what you receive from the disposition of the Property to your expenses, your attorneys’ fees and legal expenses (where not prohibited by law), and any debt I owe you. If what you receive from the disposition of the Property does not satisfy the debt, I will be liable for the deficiency (where permitted by law). In some cases, you may keep the Property to satisfy the debt. Where a notice is required, I agree that ten days prior written notice sent by first class mail to my address listed in this Loan Agreement will be reasonable notice to me under the Oklahoma Uniform Commercial Code. H. Use and Operation. You may enter upon my premises and take possession of all or any part of my property for the purpose of preserving the Property or its value, so long as you do not breach the peace. You may use and operate my property for the length of time you feel is necessary to protect your interest, all without payment or compensation to me. I. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues or occurs again. 14. COLLECTION EXPENSES AND ATTORNEYS’ FEES. On or after the occurrence of an Event of Default, to the extent permitted by law, I agree to pay all expenses of collection, enforcement or protection of your rights and remedies under this Loan Agreement or any other Loan Document. Expenses include, but are not limited to, reasonable attorneys’ fees not in excess of 15 percent of the unpaid debt after default and referral to an attorney who is not your salaried employee. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of this Loan Agreement. All fees and expenses will be secured by the Property I have granted to you, if any. In addition, to the extent permitted by the United States Bankruptcy Code, I agree to pay the reasonable attorneys’ fees incurred by you to protect your rights and interests in connection with any bankruptcy proceedings initiated by or against me. 15. COMMISSIONS. I understand and agree that you (or your affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other services that I buy through you or your affiliate. 16. WARRANTIES AND REPRESENTATIONS. I have the right and authority to enter into this Loan Agreement. The execution and delivery of this Loan Agreement will not violate any agreement governing me or to which I am a party. 17. INSURANCE. I agree to obtain the insurance described in this Loan Agreement. A. Single Interest Insurance. I will purchase Single Interest insurance for the amounts you require as described in one of the other documents I sign for the Loan. I may obtain Single Interest insurance from anyone I want that is acceptable to you. If I get the insurance from or through you, I will pay $45.00 for 12 month(s) of coverage. B. Property Insurance. I agree to keep the Property insured against the risks reasonably associated with the Property. I will maintain this insurance in the amounts you require. This insurance will last until the Property is released from this Loan Agreement. I may choose the insurance company, subject to your approval, which will not be unreasonably withheld. I will have the insurance company name you as loss payee on any insurance policy. I will give you and the insurance company immediate notice of any loss. You may apply the insurance proceeds toward what is owed on the Secured Debts. You may require added security as a condition of permitting any insurance proceeds to be used to repair or replace the Property. If you acquire the Property in damaged condition, my right to any insurance policies and proceeds will pass to you to the extent of the Secured Debts. I will immediately notify you of cancellation or termination of insurance. If I fail to keep the Property insured, you may obtain insurance to protect your interest in the Property and I will pay for the insurance on your demand. You may demand that I pay for the insurance all at once, or you may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance may include lesser or greater coverages than originally required of me, may be written by a company other than one I would choose, and may be written at a higher rate than I could obtain if I purchased the insurance. This insurance coverage does not satisfy any liability or property insurance that may be mandated by applicable state or federal law. I acknowledge and agree that you or one of your affiliates may receive commissions on the purchase of this insurance. 18. GENERAL PROVISIONS. If two or more Borrowers sign this Loan Agreement, we are liable to repay jointly and severally. This Loan Agreement is the complete and final expression of the agreement and may not be amended or modified by oral agreement. If any provision of this Loan Agreement is unenforceable, then the unenforceable provision will be severed and the remaining provisions will be enforceable. No present or future agreement securing any other debt I owe you will secure the payment of this Loan if, with respect to this loan, you fail to fulfill any necessary requirements or fail to conform to any limitations of the Truth in Lending Act (Regulation Z) or the Real Estate Settlement Procedures Act (Regulation X) that are required for loans secured by the Property or if, as a result, this Loan would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. This Loan Agreement is governed by the laws of Oklahoma, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail. Notice to one Borrower will be deemed to be notice to all Borrowers. I will inform you in writing of any change in my name, address or other application information. I will provide you any correct and complete financial statements or other information you request. I agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Loan and to confirm your lien status on any Property. Time is of the essence. I agree to supply you with whatever information you reasonably request. You will make requests for this information without undue frequency, and will give me reasonable time in which to supply the information. Uniform Consumer Credit Code Applies. I agree that this Loan is subject to 14A OSA § 1-101 through 14A OSA § 6-512 of the Uniform Consumer Credit Code, as amended. 19. ERRORS AND OMISSIONS. I agree, if requested by you, to fully cooperate in the correction, if necessary, in the reasonable discretion of you of any and all loan closing documents so that all documents accurately describe the loan between you and me. I agree to assume all costs including by way of illustration and not limitation, actual expenses, legal fees and marketing losses for failing to reasonably comply with your requests within thirty (30) days. ITEMIZATION OF AMOUNT FINANCED NOTE AMOUNT <table> <tr> <th> </th> <th> </th> <th> </th> </tr> <tr> <td></td> <td><b>NOTE AMOUNT</b></td> <td>$5,117.00</td> </tr> <tr> <td></td> <td>Amount given to me directly:</td> <td></td> </tr> <tr> <td></td> <td>(none)</td> <td>$5,000.00</td> </tr> <tr> <td></td> <td>Total amount given to me directly</td> <td>$5,000.00</td> </tr> <tr> <td></td> <td>Amount paid on my account</td> <td>$0.00</td> </tr> <tr> <td></td> <td>Amount paid to Lender for:</td> <td></td> </tr> <tr> <td></td> <td>Coupon Book</td> <td>$5.00</td> </tr> <tr> <td></td> <td>Prepaid finance charge paid to Lender</td> <td>$30.00</td> </tr> <tr> <td></td> <td>Loan</td> <td>$30.00</td> </tr> <tr> <td></td> <td>Total prepaid finance charge amount paid to Lender</td> <td>$30.00</td> </tr> <tr> <td></td> <td>Amount paid to others on my behalf*:</td> <td></td> </tr> </table> Payee Name $16.00 Insurance Company $45.00 Public Officials $21.00 LESS: PREPAID FINANCE CHARGE $30.00 AMOUNT FINANCED $5,087.00 *Lender may retain or receive portions of these amounts. 20. SIGNATURES. By signing, I agree to the terms contained in this Loan Agreement. I also acknowledge receipt of a copy of this Loan Agreement. BORROWER: SHONDA L WILLIAMS Date 10-09-18 JAMIE E WILLIAMS Date 10/19/ LENDER: McCurtain County National Bank #490554 Mary A. Tidwell, Exec. Vice President #506361 Date 10/19/18 APPENDIX: FEES AND CHARGES As described in the ADDITIONAL CHARGES section of the attached Loan Agreement, I agree to pay, or have paid these additional fees and charges. Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay this Loan Agreement before the scheduled maturity date. Loan. A(n) Loan fee of $30.00 payable from the loan proceeds. Credit Report. A(n) Credit Report fee of $16.00 payable from the loan proceeds. Filing. A(n) Filing fee of $21.00 payable from the loan proceeds. Coupon Book. A(n) Coupon Book fee of $5.00 payable from the loan proceeds.