Black Hills Federal Credit Union v. William Burris

IN THE DISTRICT COURT WITHIN AND FOR GARFIELD COUNTY STATE OF OKLAHOMA Black Hills Federal Credit Union, Plaintiff, vs. William Burris, Defendant. Case No. CJ-2026-100-02 PETITION FOR REPLEVIN COMES NOW the Plaintiff, Black Hills Federal Credit Union, by and through its attorney, Collin M. Hinds, and for its cause of action against William Burris, alleges and states: 1. That the Plaintiff is duly authorized to do business within the State of Oklahoma. 2. That on the January 7, 2022, William Burris, for good and valuable consideration, made, executed and delivered a Contract and Security Agreement, in writing of that date, and promised to pay to the promisee, or its assigns the amount of the contract, and interest according to its terms and other things. A copy of said Contract is attached hereto, marked Exhibit "A", and made a part hereof, whereby said Defendant, whether one or more, became liable and bound to pay said sums therein specified to this Plaintiff, who is the holder and owner of said contract. 3. That as a part and parcel of the same transaction to secure the aforesaid indebtedness, Plaintiff was granted a security interest in the following described personal property, to-wit: 2017 Dodge Ram 2500, VIN: 3C6UR5DL0HG680599. That said security interest was duly perfected. 4. That William Burris made default on said obligation by nonpayment according to its terms, the contract has been accelerated and there is now due and owing on the contract to the Plaintiff the amount of $51,670.35 with interest accruing. That due demand for payment has been made, and that William Burris refuse to pay the same. 5. That by virtue of said Security Agreement, the Plaintiff holds a lien upon, a special ownership in, and a right to immediate possession of the above-described personal property; and that said Defendants unlawfully and wrongfully withhold same from Plaintiff's possession. That due demand for the return of said property has been made by Plaintiff, but that the Defendants will not grant possession to Plaintiff. 6. Only for the purposes of establishing the amount of a pre-judgment delivery bond, if sought, the Plaintiff believes that said property has a value of $35,450.00. 7. The collateral has not been taken in execution or any order of judgment against said Plaintiff, or for the payment of any tax, fine or amercement aseed against them, or by virtue of an order of delivery issued, or any other means or final process issued against said Plaintiff. 8. As a result of the above said default by William Burris, the Plaintiff has been required to place this obligation in the hands of Hinds Law Firm, PC for legal proceedings and that pursuant to the terms of the contract, Plaintiff is entitled to a reasonable attorney fee. 9. Plaintiff hereby requests the issuance of an Order of Delivery for the recovery of the collateral and further requests that the Clerk of this Court issue a Notice to be served upon the debtors which notice shall notify that: (1) an Order of Delivery of the collateral is sought; (2) that the debtors have a right to object by written response filed with the Court Clerk and delivered or mailed to creditor's attorney within five days after service of the petition; and (3) the Order of Delivery shall be issued by the Clerk in the event no written response is filed within the five day period. 10. Pursuant to Title 15 U.S.C.A. §1692(g), Fair Debt Collection Practices Act, if applicable, unless the person or entity responsible for the payment of the above debt, within thirty days after receipt of this notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid; and if said person 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 or entity by the undersigned attorney for Plaintiff; and upon written request by you within the thirty-day period, undersigned attorney for Plaintiff will provide the name and address of the original creditor, if different from the current creditor. The law does not require me to wait until the end of the thirty-day period following first contact with you before suing you to collect the debt. Even though the law provides that your answer to the petition is to be filed in this action within 20-days you may obtain an extension of that time. Furthermore, no request will be made to the Court for a judgment until the expiration of thirty days after your receipt of this petition and summons. However, if, you request proof of the debt or the name and address of the original creditor within the thirty-day period that begins with your receipt of this petition and summons, the law requires me to cease my efforts (through litigation or otherwise) to collect the debt until I mail the requested information to you. You should consult an attorney for advice concerning your rights and obligations in this suit. This is a communication from a debt collector. This is an attempt to collect a debt and all information obtained will be used for that purpose. WHEREFORE, premises considered, Plaintiff prays that after due notice in accordance with the laws of the State of Oklahoma to the Defendants, that a Writ of Replevin be issued, granting immediate delivery of said property to Plaintiff, and that judgment be entered granting possession of said property to the Plaintiff, to be sold pursuant to the terms of the contract and the laws of the State of Oklahoma, that judgment be awarded against the Defendant, William Burris, in favor of the Plaintiff for a reasonable attorney fee, its costs of this action, and such other and further relief as the Court may in its judgment deem just and proper. Respectfully submitted, HINDS LAW FIRM, PC Attorneys for Plaintiff [Signature] Collin M. Hinds, OBA # 17391 115 W. 3rd St., Ste. 410 Tulsa, OK 74103 (918) 514-3203 [email protected] STATE OF OKLAHOMA ) COUNTY OF TULSA ) ss. I, Collin M. Hinds, after being first duly sworn upon oath, depose and state: That I am the attorney for the Plaintiff in the above-entitled and numbered cause; that I have read the above Petition herein; that I know the contents thereof, and that the matters and things therein set forth are true and correct to the best of my knowledge. Collin M. Hinds Subscribed and sworn before me on this 23 day of March, 2026, by Collin M. Hinds. Notary Public Retail Installment Contract and Security Agreement Seller Name and Address: LIBERTY CHRYSLER CENTER LLC. P.O. BOX 326 RAPID CITY SD 57709-0326 Buyer(s) Name(s) and Address(es): WILLIAM M BURRIS 14141 TELLURIDE ST. PIEDMONT SD 57769 Summary No. Date: 01/07/2022 Business, commercial or agricultural purpose Contract. If this Contract is for a consumer purpose, then this Contract is consumer paper. Truth-In-Lending Disclosure <table> <tr> <th>Annual Percentage Rate</th> <th>Finance Charge</th> <th>Amount Financed</th> <th>Total of Payments</th> <th>Total Sale Price</th> </tr> <tr> <td>8.24 %</td> <td>$14124.84</td> <td>$49206.66</td> <td>$63331.50</td> <td>§ 6693.34<br>§ 70024.84</td> </tr> </table> Payment Schedule. Your payment schedule is: <table> <tr> <th>No. of Payments</th> <th>Amount of Payments</th> <th>When Payments are Due</th> </tr> <tr> <td>75</td> <td>$844.42</td> <td>MONTHLY BEGINNING: 02/21/2022</td> </tr> <tr> <td>N/A</td> <td>N/A</td> <td>N/A</td> </tr> <tr> <td>N/A</td> <td>N/A</td> <td>N/A</td> </tr> </table> Security. You are giving us a security interest in the Property purchased. Late Charge. If a payment is more than 10 days late, you will be charged a late charge of 5% of the payment due or $20, whichever is greater. Prepayment. If you pay off this Contract early, you will not have to pay a penalty. Contract Provisions. You can see the terms of this Contract for any additional information about nonpayment, default, any required repayment before the scheduled date, and prepayment refunds and penalties. Description of Property <table> <tr> <th>Year</th> <th>Make</th> <th>Model</th> <th>Style</th> <th>Vehicle identification Number</th> <th>Odometer Mileage</th> </tr> <tr> <td>2017</td> <td>RAM</td> <td>2500</td> <td>4WD CREW 6'4"</td> <td>3C6UR5DL0HG680599</td> <td>50549</td> </tr> </table> New ✓ Used Demo N/A Other: Description of Trade-In 2019 RAM 1500 CLA 1C6RR7LTXKS534360 Conditional Delivery Conditional Delivery. If checked, you agree that the following agreement regarding securing financing ("Agreement") applies: N/A N/A The Agreement is part of this Contract. The Agreement will no longer control after the assignment is accepted. If there are any conflicts between the terms of the Agreement and the Contract, the terms of this Contract will apply. Itemization of Amount Financed a. Cash Price of Vehicle, etc. (incl. sales tax of Sales Agreement Single-Interest insurance. You must purchase single-interest insurance as part of this sale transaction. You may purchase the coverage from a company of your choice, reasonably acceptable to us. If you buy the coverage from or through us, you will pay § N/A for N/A of coverage. Sales Agreement Payment. You promise to pay us the principal amount of § 49206.66 plus finance charges accruing on the unpaid balance at the rate of 8.24% per year from the date of this Contract until maturity. Finance charges accrue on a 365 day basis. After maturity, or after you default and we demand payment, we will charge finance charges on the unpaid balance at 8.24% per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the Truth-In-Lending Disclosure. You also agree to pay any additional amounts according to the terms and conditions of this Contract. EXHIBIT A 2019 RAM 1500 CLA 1C6RR7LXKS534360 Conditional Delivery ☐ Conditional Delivery. If checked, you agree that the following agreement regarding securing financing ("Agreement") applies; N/A N/A The Agreement is part of this Contract. The Agreement will no longer control after the assignment is accepted. If there are any conflicts between the terms of the Agreement and the Contract, the terms of this Contract will apply. Itemization of Amount Financed a. Cash Price of Vehicle, etc (incl. sales tax of $ N/A ) $ 54750.00 b. Trade-in allowance $ 31500.00 c. Less: Amount owing, paid to (includes k): GM FINANCIAL $ 26161.55 d. Net trade-in (b-c; if negative, enter $0 here and enter the amount on line k) $ 5338.45 e. Cash payment $ 1354.89 f. Manufacturer's rebate $ N/A g. Deferred down payment $ N/A h. Other down payment (describe) N/A i. Down Payment (d+e+f+g+h) $ 66933.34 j. Unpaid balance of Cash Price (a-i) $ 48256.66 k. Financed trade-in balance (see line d) $ N/A l. Paid to public officials, including filing fees $ N/A m. Insurance premiums paid to insurance company(ies) $ N/A n. Service Contract, paid to: N/A o. ZURICH $ 900.00 p. N/A $ N/A q. LIBERTY CHRYSLER CENTER L $ 250.00 r. N/A $ N/A s. N/A $ N/A t. N/A $ N/A u. N/A $ N/A v. Total Other Charges/Amts Paid (k thru u) $ 1150.00 w. Prepaid Finance Charge $ N/A x. Amount Financed (i+w) $ 49206.66 We may retain or receive a portion of any amounts paid to others. Your signature below means you agree to the fees paid to public officials and taxes itemized above. These fees and taxes were disclosed and explained to you before you signed this Contract. Signature: ________________________ Date: 01/07/2022 By: N/A Date: N/A By: N/A Date: N/A By: N/A Date: Insurance Disclosures Credit Insurance. Credit life and credit disability (accident and health) are not required to obtain credit and are not a factor in the credit decision. We will not provide them unless you sign and agree to pay the additional premium. If you want such insurance, we will obtain it for you (if you qualify for coverage). We are quoting below only the coverages you have chosen to purchase. Credit Life* ☐ Single ☐ Joint ☒ None Premium $ N/A Term N/A Insured N/A Credit Disability* ☐ Single ☐ Joint ☒ None Premium $ N/A Term N/A Insured N/A Your signature below means you want (only) the insurance coverage(s) quoted above. If "None" is checked, you have declined the insurance we offered Sales Agreement Payment. You promise to pay us the principal amount of $ 49206.66 plus finance charges accruing on the unpaid balance at the rate of 8.24% per year from the date of this Contract until maturity. Finance charges accrue on a 365 day basis. After maturity, or after you default and we demand payment, we will charge finance charges on the unpaid balance at 8.24% per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the Truth-In-Lending Disclosure. You also agree to pay any additional amounts according to the terms and conditions of this Contract. Down Payment. You also agree to pay or apply to the Cash Price, on or before the date of this Contract, any cash, rebate and net trade-in value described in the Itemization of Amount Financed. ☐ You agree to make deferred down payments as set forth in your Payment Schedule. Additional Protections You may buy any of the following voluntary protection plans. They are not required to obtain credit, are not a factor in the credit decision, and are not a factor in the terms of the credit or the related sale of the Vehicle. The voluntary protections will not be provided unless you sign and agree to pay the additional cost. Your signature below means that you want the described item and that you have received and reviewed a copy of the contract(s) for the product(s). If no coverage or charge is given for an item, you have declined any such coverage we offered. ☐ Service Contract Term N/A Price $ N/A Coverage N/A ☒ Gap Waiver or Gap Coverage Term 75 MONTHS Price $ 900.00 Coverage ☐ N/A Term N/A Price $ N/A Coverage N/A Signature: ___________________________ Date: 01/07/2022 By: N/A Date: N/A By: N/A Date: N/A By: N/A Date: Signature Notices The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this Contract and retain its right to receive a part of the Finance Charge. Signatures Entire Agreement. Your and our entire agreement is contained in this Contract. There are no unwritten agreements regarding this Contract. Any change to this Contract must be in writing and signed by you and us. Signature: ___________________________ Date: 01/07/2022 By: N/A Date: N/A By: N/A Date: N/A By: N/A Date: N/A By: N/A Date: Notice to Buyer: 1. Do not sign this Contract before you read it or if it contains any blank spaces. 2. You are entitled to a completely filled-in copy of this Contract. By signing below, you agree to the terms of this Contract. You received a copy of this Credit Insurance. Credit life and credit disability (accident and health) are not required to obtain credit and are not a factor in the credit decision. We will not provide them unless you sign and agree to pay the additional premium. If you want such insurance, we will obtain it for you (if you qualify for coverage). We are quoting below only the coverages you have chosen to purchase. Credit Life: [ ] Single [X] Joint [X] None Premium $ ______ N/A Term N/A Insured __________________________ Credit Disability [ ] Single [X] Joint [X] None Premium $ ______ N/A Term N/A Insured __________________________ Your signature below means you want (only) the insurance coverage(s) quoted above. If "None" is checked, you have declined the coverage we offered. N/A By: ____________________________ N/A DOB N/A By: ____________________________ N/A DOB N/A By: ____________________________ N/A DOB Property Insurance. You must insure the Property. You may purchase or provide the insurance through any insurance company reasonably acceptable to us. The collision coverage deductible may not exceed $ ___________ N/A If you get insurance from or through us you will pay N/A for coverage of the property. This premium is calculated as follows: [ ] $ ___________ N/A Deductible, Collision Cov. $ ___________ N/A [ ] $ ___________ N/A Deductible, Comprehensive $ ___________ N/A [ ] Fire-Theft and Combined Additional Cov. $ ___________ N/A [ ] N/A $ ___________ N/A Your signature below means you want (only) the insurance coverage(s) quoted above. If none are quoted, you have declined any coverage we offered. N/A By: ____________________________ N/A Date N/A By: ____________________________ N/A Date N/A By: ____________________________ N/A Date Liability Insurance coverage for bodily injury and motor vehicle damage caused to others is not included in this Contract unless checked and indicated. Assignment: This Contract and Security Agreement is assigned to BLACK HILLS FEDERAL CREDIT UNION by ______________ the Assignee, phone 605-343-0891. This assignment is made under the terms of a separate agreement made between the Seller and Assignee. [X] under the terms of the Assignment by Seller section on page 2. [ ] This Assignment is made with recourse. By: ____________________________ Date: 01/07/2022 Entire Agreement. Your and our entire agreement is contained in this Contract. There are no unwritten agreements regarding this Contract. Any change to this Contract must be in writing and signed by you and us. By: ____________________________ Date: 01/07/2022 Notice to Buyer...1. Do not sign this Contract before you read it or if it contains any blank spaces. 2. You are entitled to a completely filled-in copy of this Contract. By signing below, you agree to the terms of this Contract. You received a copy of this Contract and had a chance to read and review it before you signed it. Buyer By: ____________________________ Date: 01/07/2022 By: ____________________________ N/A Date By: ____________________________ N/A Date Settler By: ____________________________ Date: 01/07/2022 (This area intentionally left blank.) Additional Terms of the Sales Agreement Definitions. "Contract" refers to this Retail Installment Contract and Security Agreement. The pronouns "you" and "your" refer to each Buyer signing this Contract, and any guarantors, jointly and individually. The pronouns "we", "us" and "our" refer to the Seller and any entity to which it may transfer this Contract. "Vehicle" means each motor vehicle described in the Description of Property section. "Property" means the Vehicle and all other property described in the Description of Property and Additional Protection sections. Purchase of Property. You agree to purchase the Property from us, subject to the terms and conditions of this Contract. Seller will not make any repairs or additions to the Vehicle except as noted in the Description of Property section. You have been given the opportunity to purchase the Property and described services for the Cash Price or the Total Sale Price. The "Total Sale Price" is the total price of the Property if you buy it over time. General Terms. The Total Sale Price shown in the Truth-In-Lending Disclosure assumes that all payments will be made as scheduled. The actual amount you will pay will be more if you pay late and less if you pay early. We do not intend to charge or collect, and you do not agree to pay, any finance charge or fee that is more than the maximum amount permitted for this sale by state or federal law. If you pay a finance charge or fee that exceeds that maximum amount, we will first apply the excess amount to reduce the principal balance and, when the principal has been paid in full, refund any remaining amount to you. You understand and agree that some payments to third parties as a part of this Contract may involve money retained by us or paid back to us as commissions or other remuneration. You agree that the Property will not be used as a dwelling. Prepayment. You may prepay this Contract in full or in part at any time without penalty. Any partial prepayment will not excuse any later scheduled payments. If we get a refund of any unearned insurance premium that you paid, you agree that we may subtract the refund from the amount you owe, unless otherwise provided by law. Returned Payment Charge. If you make any payment required by this Contract that is returned or dishonored, you agree to pay a fee of $35.00. Governing Law and Interpretation. This Contract is governed by the law of South Dakota and applicable federal law and regulations. If any section or provision of this Contract is not enforceable, the other terms will remain part of this Contract. You authorize us to correct any clerical error or omission in this Contract or in any related document. Name and Location. Your name and address set forth in this Contract are your exact legal name and your principal residence. You will provide us with at least 30 days notice before you change your name or principal residence. Telephone Monitoring and Calling. From time to time you agree we may monitor and record telephone calls made or received by us or our agents regarding your account to assure the quality of our service. In order for us to service the account or to collect any amounts you may own, and subject to applicable law, you agree that we may from time to time make calls and send text messages to you using prerecorded/artificial voice messages or through the use of an automatic dialing device at any telephone number you provide to us in connection with your account, including a mobile telephone number that could result in charges to you. Default. You will be in default on this Contract if any one of the following occurs (except as prohibited by law): - You fail to make a payment within 30 days of when it is due. - You fail to perform any other obligation that you have undertaken in this Contract. - We, in good faith, believe that you cannot, or will not, pay or perform the obligations you have agreed to in this Contract. If you default, you agree to pay our costs for collecting amounts owed, including court costs, and the expenses related to the repossession, repair, storage and sale of the Property securing this Contract, to the extent permitted by law. If an event of default occurs as to any of you, we may exercise our remedies against any or all of you. Remedies. If you are in default on this Contract, we have all of the remedies provided by law and this Contract. Those remedies include: - We may require you to immediately pay us, subject to any refund required by law, the remaining unpaid balance of the amount financed, finance charges and all other agreed charges. - We may pay taxes, assessments, or other liens or make repairs to the Property if you have not done so. We are not required to do so. You will receive us that amount. Third Party Agreement In this section only, "you" means only the person signing this section. By signing below you agree to give us a security interest in the Property described in the Description of Property section. You also agree to the terms of this Contract except that you will not be liable for the payments it requires. Your interest in the Property may be used to satisfy the Buyer's obligation. You agree that we may renew, extend or change this Contract, or release any party or Property without releasing you from this Contract. We may take those steps without notice or demand upon you. You acknowledge receipt of a completed copy of this Contract. Assignment by Seller Seller sells and assigns this Retail Installment Contract and Security Agreement, (Contract), to the Assignee, its successors and assigns, including all its rights, title and interest in this Contract, and any guarantee executed in connection with this Contract. Seller or any Assignee (if permitted) will or in its own name or on Seller's name, to take all legal or other actions which Seller could have taken under this Contract. (Separate Assignment. If this Assignment is made "under the terms of a separate agreement" as indicated on page 1, the terms of this assignment are described in a separate writing(s) and not as provided below.) Seller warrants: This Contract represents a sale by Seller to Buyer on a time price basis and not on a cash basis. The statements contained in this Contract are true and correct. The down payment was made by the Buyer in the manner stated on page 1 of this Contract, and, except for the application of any manufacturer's rebate, no part of the down payment was loaned or paid to the Buyer by Seller or Seller's representatives. This sale was completed in accordance with all applicable federal and state laws and regulations. This Contract is valid and enforceable in accordance with its terms. The names and signatures on this Contract are not forged, fictitious or assumed, and are true and correct. This Contract is vested in the Seller free of all liens, is not subject to any claims or defenses of the Buyer, and may be sold or assigned by the Seller. A completely filled-in copy of this Contract was delivered to the Buyer at the time of execution. The Vehicle has been delivered to the Buyer in good condition and has been accepted by Buyer. Seller has or will perfect a security interest in the Property in favor of the Assignee. If any of these warranties is breached or untrue, Seller will, upon Assignee's demand, purchase this Contract from Assignee. The purchase shall be in cash in the amount of the unpaid balance (including finance charges) plus the costs and expenses of Assignee, including attorney's fees. Seller will indemnify Assignee for any losses sustained by it because of judicial set-off or as the result of a recovery made against Assignee as a result of a claim or defense Buyer has against Seller. Seller waives notice of the acceptance of this Assignment, notice of nonpayment or nonperformance and notice of any other remedies available to Assignee. Assignee may, without notice to Seller, and without affecting the liability of Seller under this Assignment, compromise or release any rights against, and grant extensions of time for payment to be made, to Buyer and any other person obligated under this Contract. Unless otherwise indicated on page 1, this Assignment is without recourse. With recourse, if this Assignment is made "with recourse" as indicated on page 1, Assignee takes this Assignment with certain rights of recourse against Seller. Seller agrees that if the Buyer defaults on any obligation of payment or performance under this Contract, Seller will, upon demand, repurchase this Contract for the amount of the unpaid balance, including finance charges, due at that time. as prohibited by law: - You fail to make a payment within 30 days of when it is due. - You fail to perform any other obligation that you have undertaken in this Contract. - We, in good faith, believe that you cannot, or will not, pay or perform the obligations you have agreed to in this Contract. If you default, you agree to pay our costs for collecting amounts owed, including court costs, and the expenses relating to the repossession, repair, storage and sale of the Property securing this Contract, to the extent permitted by law. If an event of default occurs as to any of you, we may exercise our remedies against any or all of you. Remedies. If you are in default on this Contract, we have all of the remedies provided by law and this Contract. Those remedies include: - We may require you to immediately pay us, subject to any refund required by law, the remaining unpaid balance of the amount financed, finance charges and all other agreed charges. - We may pay taxes, assessments, or other liens or make repairs to the Property if you have not done so. We are not required to do so. You will repay us that amount immediately. That amount will earn finance charges from the date we pay it at the post-maturity rate described in the Payment section until paid in full. - We may require you to make the Property available to us at a place we designate that is reasonably convenient to you and us. - We may immediately take possession of the Property by legal process or self-help, but in doing so we may not breach the peace or unlawfully enter onto your premises. - We may then sell the Property and apply what we receive as provided by law to our reasonable expenses and then toward what you owe us. - Except when prohibited by law, we may sue you for additional amounts if the proceeds of a sale do not pay all of the amounts you owe us. By choosing any one or more of these remedies, we do not give up our right to later use another remedy. By deciding not to use any remedy, we do not give up our right to consider the event a default if it happens again. You agree that if any notice is required to be given to you of an intended sale or transfer of the Property, notice is reasonable if mailed to your last known address, as reflected in our records, at least 10 days before the date of the intended sale or transfer (or such other period of time as is required by law). You agree that we may take possession of personal property left in or on the Property securing this Contract and taken into possession as provided above. You may have a right to recover that property. If the Property has an electronic tracking device, you agree that we may use the device to find the Vehicle. Obligations Independent. Each person who signs this Contract agrees to pay this Contract according to its terms. This means the following: - You must pay this Contract even if someone else has also signed it. - We may release any co-buyer or guarantor and you will still be obligated to pay this Contract. - We may release any security and you will still be obligated to pay this Contract. - If we give up any of our rights, it will not affect your duty to pay this Contract. - If we extend new credit or renew this Contract, it will not affect your duty to pay this Contract. Warranty. Warranty information is provided to you separately. What the Security Interest Covers/Cross Collateral Provisions. The security interest herein granted secures this loan and any extensions, refinances or refinancing of this loan. This security interest secures any other loans, including any credit card loan, you have now or receive in the future from the lender; and any other amounts you owe to the lender now or in the future, except any loan secured by your principal residence. Security Agreement Security. To secure your payment and performance under the terms of this Contract, you give us a security interest in the Vehicle, all accessories, attachments, accessories, and equipment placed in or on the Vehicle and in all other Property. You also assign to us and give us a security interest in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. Duties Toward Property. By giving us a security interest in the Property, you represent and agree to the following: - You will defend our interests in the Property against claims made by anyone else. You will keep our claim to the Property ahead of the claim of anyone else. You will not do anything to change our interest in the Property. - You will keep the Property in your possession and in good condition and repair. You will use the Property for its intended and lawful purposes. - You agree not to remove the Property from the U.S. without our prior written consent. - You will not attempt to sell the Property, transfer any rights in the Property, or grant another lien on the Property without our prior written consent. - You will pay all taxes and assessments on the Property as they become due. - You will notify us with reasonable promptness of any loss or damage to the Property. - You will provide us reasonable access to the Property for the purpose of inspection. Our entry and inspection must be accomplished lawfully, and without breaching the peace. Agreement to Provide Insurance. You agree to provide property insurance on the Property protecting against loss and physical damage and subject to a maximum deductible amount indicated in the Insurance Disclosure section, or as we will otherwise require. You will name us as loss payee on any such policy. Generally, the loss payee is the one to be paid the policy benefits in case of loss or damage to the Property. In the event of loss or damage to the Property, we may require additional security or assurances • You agree to use the Property for its intended and lawful purposes. • You agree not to remove the Property from the U.S. without our prior written consent. • You will not attempt to sell the Property, transfer any rights in the Property, or grant another lien on the Property without our prior written consent. • You will pay all taxes and assessments on the Property as they become due. • You will notify us within reasonable promptness of any loss or damage to the Property. • You will provide us reasonable access to the Property for the purpose of inspection. Our entry and inspection must be accomplished lawfully, and without breaching the peace. Agreement to Provide Insurance. You agree to provide property insurance on the Property protecting against loss and physical damage and subject to a maximum deductible amount indicated in the Insurance Disclaimers section, or as we will otherwise require, payable to us as loss payee on any such policy. Generally, the loss payee is the one to be paid the policy benefits in case of loss or damage to the Property. In the event of loss or damage to the Property, we may require additional security or assurances of payment before we allow insurance proceeds to be used to repair or replace the Property. You agree that if the insurance proceeds do not cover the amount you still owe us, you will pay the difference. You will keep the insurance in full force and effect until this Contract is paid in full. If you fail to obtain or maintain this insurance, or name us as loss payee, we may obtain insurance to protect our interest in the Property. This insurance may be written by a company other than one you would choose. It may be written at a rate higher than a rate you could obtain if you purchased the property insurance required by this Contract. We will add the premium for this insurance to the amount you owe us. Any amount we pay will be due immediately. This amount will earn finance charges from the date paid at the post-maturity rate described in the Payment section until paid in full. Gap Waiver or Gap Coverage. In the event of theft or damage to the Vehicle that results in a total loss, there may be a gap between the amount due under the terms of the Contract and the proceeds of your insurance settlement and deductibles. You are liable for this difference. You have the option of purchasing Gap Waiver or Gap Coverage to cover the gap liability, subject to any conditions and exclusions in the Gap Waiver or Gap Coverage agreements. Note: If the primary use of the Vehicle is non-consumer, this is not a consumer contract, and the following notice does not apply. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. If you are buying a used vehicle: The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale. Si compra un vehículo usado: La información que ve esbozada en la ventanilla forma parte de este contrato. La información contenida en el formulario de la ventanilla prevalece sobre toda otra disposición en contraste incluida en el contrato de compraventa. If you believe there are any improprieties involved in making this Contract or in the practice involved in this transaction, you may refer them to: South Dakota Division of Banking 1801 N. Himalpour Avenue, Suite 1 Pierre, South Dakota 57501 (605)773-3421