Focus Federal Credit Union v. Nicole Marie Bell

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA FOCUS FEDERAL CREDIT UNION, Plaintiff, vs. NICOLE MARIE BELL, Defendant. PETITION Plaintiff, Focus Federal Credit Union, for its causes of action against the above-named Defendant, alleges and states as follows: PARTIES, JURISDICTION AND VENUE 1. Plaintiff, Focus Federal Credit Union ("FFCU"), is a credit union duly organized and authorized to conduct its business, with its principal place of business located in Oklahoma City, Oklahoma County, State of Oklahoma. 2. Defendant, Nicole Marie Bell ("Bell"), is an individual who, upon information and belief, resides in Oklahoma County, State of Oklahoma. 3. The Retail Installment Sale Contract that is the subject of this litigation was contracted in, and the indebtedness that is the subject of this litigation was given in, Oklahoma County, State of Oklahoma. 4. This Court therefore has jurisdiction over the parties and the subject matter of this action, and venue before this Court is proper pursuant to Title 12 O.S. §§ 142 and 143. FIRST CAUSE OF ACTION (BREACH OF CONTRACT – RETAIL INSTALLMENT SALE CONTRACT) 5. Plaintiff incorporates all allegations set forth in this Petition as if fully set forth herein and further alleges and states as follows: 6. On or about July 29, 2024, for good and valuable consideration, Bell made, executed and delivered to Confidence Buick GMC a certain promissory note, titled Retail Installment Contract and Security Agreement (the "Note"), in the original principal amount of $54,284.00. A true and correct copy of the Note is attached hereto as Exhibit 1 and is incorporated herein by reference. 7. The Note was assigned and conveyed by Confidence Buick GMC to FFCU. 8. On or about September 4, 2024, for good and valuable consideration, Bell made, executed, and delivered to FFCU a certain Modification Agreement, which modified Bell’s payment schedule from monthly to bi-weekly and changed the payment due date from the 12th to the 1st of each month. A true and correct copy of the Modification Agreement is attached hereto as Exhibit 2 and its terms are incorporated herein by reference. 9. Bell has failed to, inter alia, make payments when due on the Note and Modification Agreement, which is an event of default under the terms of the Note and Modification Agreement. 10. Due to Bell’s default under the Note and Modification Agreement, FFCU has accelerated the debt and the entire amount of principal and interest is therefore due and payable. 11. FFCU gave notice to Bell that payment of the entire balance under the Note and Modification Agreement is due and owing. 12. FFCU has demanded that the Note be paid in full, but Bell has failed and refused to tender the amounts due to FFCU. 13. FFCU is the owner and holder of the Note and Modification Agreement and was entitled to enforce the Note and Modification Agreement prior to and is entitled to enforce the Note and Modification Agreement at, and subsequent to, the filing of this Petition. 14. FFCU has complied with all of the terms, conditions precedent and provisions of the Note and Modification Agreement and is duly empowered to bring this Petition. 15. After having been credited with all sums paid on the Note, and any other amounts for which Bell is entitled to credit, Bell is now indebted to FFCU on the Note, as of February 24, 2025, in the principal amount of $56,747.29, together with further interest at the Note’s rate of 11.45% per annum, through the date of judgment, together with FFCU’s costs, all future accruing costs, attorneys’ fees and expenses, and with interest on the entire amount of judgment at the Note’s rate of 11.45% per annum. 16. Under the Note and pursuant to 12 O.S. § 936, FFCU is entitled to recover its costs and attorneys’ fees incurred in this action. WHEREFORE, Focus Federal Credit Union, prays for in personam judgment on its First Cause of Action against Defendant, Nicole Marie Bell, in the sum of $56,747.29, as of February 24, 2025, together with further interest at the Note’s rate of 11.45% per annum, through the date of judgment, together with FFCU’s costs, all future accruing costs, attorneys’ fees and expenses, and with interest on the entire amount of judgment at the Note’s rate of 11.45% per annum, and for such other relief as may be just and equitable. SECOND CAUSE OF ACTION (REPLEVIN – SECURITY AGREEMENT) 17. Plaintiff incorporates all allegations set forth in this Petition, as if fully set forth herein, and further alleges and states as follows: 18. On or about July 29, 2024, and for the express purpose of securing the payment and performance of the Note, Bell executed and delivered to FFCU a certain security agreement titled Retail Installment Contract and Security Agreement (the “Security Agreement”) under which she granted to FFCU a security interest in the following: i. 2019 Cadillac Escalade ESV VIN: 1GYS4JKJ1KR267441 (the “Collateral”). 19. A true and correct copy of the Security Agreement is attached hereto as Exhibit 1, as the Security Agreement is contained within the same document as the Note. 20. FFCU thereafter perfected its security interest in the Collateral pursuant to Oklahoma law. A true and correct copy of the financing statement and/or lien is attached hereto as Exhibit 3. 21. FFCU has been unable to take possession of the Collateral, and the Collateral is unlawfully and wrongfully held in possession by Bell. 22. By reason of the Bell’s default on the Note and Modification Agreement, FFCU is entitled by virtue of the Security Agreement to the issuance of an order from this Court for immediate delivery and possession of the Collateral. 23. The Collateral has not been taken in execution of any order or judgment, or for the payment of any tax, fine or amercement assessed, or by virtue of an order for delivery issued under Title 12 O.S. § 1571, et seq., or for any other mesne or final process issued. 24. The appropriate current value of the Collateral is unknown at this time as FFCU is unaware of the Collateral’s current condition. 25. Unless otherwise restrained, Bell may attempt to sell, alienate, conceal, transfer or otherwise dispose of the Collateral without accounting for the proceeds thereof, which would result in irreparable harm to FFCU. 26. In the alternative, the Collateral has been sold and FFCU is entitled to a full accounting of the amounts the Collateral was sold for, with the amounts tendered to and turned over to FFCU therefrom, if any. WHEREFORE, Plaintiff, Focus Federal Credit Union, prays for in rem judgment on its Second Cause of Action against Defendant, Nicole Marie Bell, that the security interests created by the Security Agreement described above be foreclosed and be declared to be valid, prior and superior liens upon the Collateral in the sum of $56,747.29 as of February 24, 2025, together with interest, late fees, miscellaneous fees, costs, attorney fees and expenses as set forth in FFCU's First Cause of Action; that FFCU be granted an order for the immediate delivery of the Collateral; that an order be issued restraining Bell from concealing, selling, removing, alienating, damaging, transporting, or otherwise disposing of the Collateral or proceeds therefrom; that that Collateral be ordered sold or liquidated pursuant to the provisions of Oklahoma's Uniform Commercial Code, with all proceeds from the sale to be applied to the satisfaction of the indebtedness of Bell to FFCU, and thereafter in accordance with the instructions of this Court; that from and after the sale of the Collateral, Bell shall be forever barred and foreclosed from claiming any right, title or interest in and to the Collateral; and for such other further relief as this Court deems just and equitable. Respectfully submitted, Jonathan M. Miles (OBA #31152) Brock Z. Pittman (OBA #32853) Spencer K. Strickland (OBA #36272) CHRISTENSEN LAW GROUP, P.L.L.C. The Parkway Building 3401 N.W. 63rd Street, Suite 600 Oklahoma City, Oklahoma 73116 Telephone: (405) 232-2020 Facsimile: (405) 228-1113 [email protected] [email protected] [email protected] Attorneys for Plaintiff, Focus Federal Credit Union EXHIBIT 1 RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) DEAL#: 5403914 CUST#: 348858 0020366 Buyer Name and Address (Including County and Zip Code) NICOLE MARIE BELL 2501 SW 91ST ST OKLAHOMA CITY OK 73159 COUNTY: OKLAHOMA Co-Buyer Name and Address (Including County and Zip Code) N/A Seller-Creditor (Name and Address) CONFIDENCE BUICK GMC 6100 TINKER DIAGONAL MIDWEST CITY, OK 73110 Cell: N/A Email: N/A You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements in this contract. You agree to pay the Seller - Creditor (sometimes "we" or "us" in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract. <table> <tr> <th>New/Used</th> <th>Year</th> <th>Make and Model</th> <th>Odometer</th> <th>Vehicle Identification Number</th> <th>Primary Use For Which Purchased</th> </tr> <tr> <td>USED</td> <td>2019</td> <td>CADILLAC ESCALADE ESV</td> <td>59090</td> <td>1GY84JKJ1KR267441</td> <td>Personal, family, or household unless otherwise indicated below<br>[ ] business<br>[ ] agricultural<br>[ ] N/A</td> </tr> </table> FEDERAL TRUTH-IN-LENDING DISCLOSURES <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of your credit as a yearly rate.</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost you.</th> <th>Amount Financed<br>The amount of credit provided to you or on your behalf.</th> <th>Total of Payments<br>The amount you will have paid after you have made all payments as scheduled.</th> <th>Total Sale Price<br>The total cost of your purchase on credit, including your down payment of $______</th> </tr> <tr> <td>11.45 %</td> <td>$25232.92</td> <td>$54284.00</td> <td>$79516.92</td> <td>$79516.92</td> </tr> </table> Your Payment Schedule Will Be: (e) means an estimate <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>84</td> <td>$946.63</td> <td>MONTHLY beginning 09/12/2024</td> </tr> <tr> <td>N/A</td> <td>N/A</td> <td>N/A</td> </tr> </table> Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of $____31.00____ or ___5___% of the part of the payment that is late, whichever is greater. Prepayment. If you pay early, you will not have to pay a penalty. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date and security interest. Warranties Seller Disclaims Unless the Seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. ☐ VENDOR'S SINGLE INTEREST INSURANCE (VSI insurance): If the preceding box is checked, the Creditor requires VSI insurance for the initial term of the contract to protect the Creditor for loss or damage to the vehicle (collision, fire, theft, concealment, skip). VSI insurance is for the Creditor's sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VSI Insurance is obtained. If you elect to purchase VSI Insurance through the Creditor, the cost of this insurance is $_________ N/A_, and is also shown in Item 4B of the Itemization of Amount Financed. The coverage is for the initial term of the contract. Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement to arbitrate. Buyer Signs X NICOLE MARIE BELL Co-Buyer Signs X N/A Co-Buyer Signs X N/A ITEMIZATION OF AMOUNT FINANCED 1 Cash Price (including $ _____N/A______ sales/excise tax) $ 43499.00 (1) 2 Total Downpayment = Trade-In (Year) CHEVROLET TAHOE (Make) (Model) Gross Trade-In Allowance $ 27161.00 Less Pay Off Made By Seller to DARBY FINANCIAL $ 32037.00 Equals Net Trade In $ -4876.00 + Cash $ N/A + Other N/A $ N/A + Other N/A $ N/A + Other N/A $ N/A (If total downpayment is negative, enter "0" and see 4f below) $ 0.00 (2) Unpaid Balance of Cash Price (1 minus 2) $ 43499.00. (3) 4 Other Charges Including Amounts Paid to Others on Your Behalf (Seller may keep part of these amounts): A Cost of Optional Credit Insurance Paid to Insurance Company or Companies. Life $ N/A Disability $ N/A $ N/A B Vendor's Single Interest Insurance Paid to Insurance Company $ N/A C Other Optional Insurance Paid to Insurance Company or Companies $ N/A D Optional GAP Contract $ 580.00 E Official Fees Paid to Government Agencies to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A F Government Taxes Not Included In Cash Price $ N/A G Government License and/or Registration Fees N/A Lien Fee $ 10.00 H Government Certificate of Title Fees $ N/A I Other Charges (Seller must identify who is paid and describe purpose.) to DARBY FINANCIAL for Prior Credit or Lease Balance $ 4876.00 to CONFIDENCE BLACK GMC for Doc Fee $ 399.00 to MAINTENANCE CONTRACT for MAINTENANCE $ 420.00 to SERVICE CONTRACT for VEHICLE SERVICE CONTRACT $ 4500.00 to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A Total Other Charges and Amounts Paid to Others on Your Behalf $ 10785.00. (4) 5 Amount Financed (3 + 4) $ 54284.00. (5) OPTION: [ ] You pay no finance charge if the Amount Financed, Item 5, is paid in full on or before N/A Year N/A SELLER'S INITIALS N/A OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy a gap contract, the charge is shown in Item 4d of the Itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract. Term 84 Mos. GAP PROTECTION Name of Gap Contract I want to buy a gap contract. Buyer Signs X [signed] Returned Check Charge: You agree to pay a charge of $25.00 if any check you give us is dishonored. Buyer Signs X [signed] Co-Buyer Signs X N/A Insurance. You may buy the physical damage insurance this contract requires from anyone you choose who is acceptable to us. You may also provide the physical damage insurance through an existing policy owned or controlled by you that is acceptable to us. You are not required to buy any other insurance to obtain credit unless the box indicating Vendor’s Single Interest Insurance is required is checked on page 1 of this contract. If any insurance is checked below, policies or certificates from the named insurance companies will describe the terms and conditions. Check the Insurance you want and sign below: Optional Credit Insurance [ ] Credit Life: [ ] Buyer [ ] Co-Buyer [ ] Both [ ] Credit Disability: [ ] Buyer [ ] Co-Buyer [ ] Both Premium: Credit Life $ N/A Credit Disability $ N/A Insurance Company Name N/A N/A Home Office Address N/A N/A Credit life insurance and credit disability insurance are not required to obtain credit. Your decision to buy or not buy credit life insurance and credit disability insurance will not be a factor in the credit approval process. They will not be provided unless you sign and agree to pay the extra cost. If you choose this insurance, the cost is shown in Item 4d of the Itemization of Amount Financed. Credit life insurance is based on your original payment schedule. This insurance may not pay all you owe on this contract if you make late payments. Credit disability insurance does not cover any increase in your payment or in the number of payments. Coverage for credit life insurance and credit disability insurance ends on the original due date for the last payment unless a different term for the insurance is shown below. Other Optional Insurance [ ] Type of Insurance N/A Term N/A Premium $ N/A Insurance Company Name N/A N/A Home Office Address N/A N/A [ ] Type of Insurance N/A Term N/A Premium $ N/A Insurance Company Name N/A N/A Home Office Address N/A N/A Other optional insurance is not required to obtain credit. Your decision to buy or not buy other optional insurance will not be a factor in the credit approval process. It will not be provided unless you sign and agree to pay the extra cost. I want the insurance checked above. X N/A N/A Buyer Signature Date X N/A N/A Co-Buyer Signature Date THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS. LAW 583-OK-ARB-eps 8/23 v1 Page 2 of 5 105746*1*CFE56..ED7190/0034 NA-45 OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed. b. How we will apply payments. We may apply each payment to the earned and unpaid part of the Finance Charge, to the unpaid part of the Amount Financed and to other amounts you owe under this contract in any order we choose as the law allows. c. How late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Price shown on page 1 of this contract on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due. d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financed at any time without penalty. If you do so, you must pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment. e. Your right to refinance a balloon payment. A balloon payment is a scheduled payment that is more than twice as large as the average of your earlier scheduled payments. If you are buying the vehicle primarily for personal, family or household use, you have the right to refinance the balloon payment when due without penalty. The terms of the refinancing will be no less favorable to you than the terms of this contract. This provision does not apply if we adjusted your payment schedule to your seasonal or irregular income. 2. YOUR OTHER PROMISES TO US a. If the vehicle is damaged, destroyed, or missing. You agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed, or missing. b. Using the vehicle. You agree not to remove the vehicle from the U.S. or Canada, or to sell, rent, lease, or transfer any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we ask for it. c. Security Interest. You give us a security interest in: - The vehicle and all parts or goods put on it; - All money or goods received (proceeds) for the vehicle; - All insurance, maintenance, service, or other contracts we finance for you; and; - All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts. This secures payment of all you owe on this contract. It also secures your other agreements in this contract. You will make sure the title shows our security interest (lien) in the vehicle. You will not allow any other security interest to be placed on the title without our written permission. d. Insurance you must have on the vehicle. You agree to have physical damage insurance covering loss or damage to the vehicle for the term of this contract. The insurance must cover our interest in the vehicle. You agree to name us on your insurance policy as loss payee. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to buy physical damage insurance, we may either buy insurance that covers your interest and our interest in the vehicle, or buy insurance that covers only our interest. If we buy either type of insurance, we will tell you which type and the charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on page 1 of this contract. If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle. e. What happens to returned insurance, maintenance, service, or other contract charges. If we get a refund of insurance, maintenance, service, or other contract charges, you agree that we may subtract the refund from what you owe. 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late charges. You will pay a late charge on each late payment as shown on page 1 of this contract. Acceptance of a late payment does not excuse your late payment or mean that you may keep making late payments. If you pay late, we may also take the steps described below. b. You may have to pay all you owe at once. If you break your promises (default), we may demand that you pay all you owe on this contract at once. Default means: - You do not pay any payment on time; - You give false, incomplete, or misleading information during credit application; - You start a proceeding in bankruptcy or one is started against you or your property; or - You break any agreements in this contract. The amount you will owe will be the unpaid part of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because you defaulted. c. You may have to pay collection costs. If we hire an attorney who is not our salaried employee to collect what you owe, you will pay the attorney's fee and court costs the law permits. The maximum attorney's fee you will pay will be 15% of the amount you owe, unless a court awards an additional amount. d. We may take the vehicle from you. If you default, we may take (repossess) the vehicle from you if we do so peacefully and if the law allows it. If your vehicle has an electronic tracking device (such as GPS), you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement parts will stay with the vehicle. If any personal items are in the vehicle, we may store them for you. If you do not ask for these items back, we may dispose of them as the law allows. e. How you can get the vehicle back if we take it. If we repossess the vehicle, you may pay to get it back (redeem). We will tell you how much to pay to redeem. Your right to redeem ends when we sell the vehicle. f. We will sell the vehicle if you do not get it back. If you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle. We will apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs, if the law permits, are also allowed expenses. If any money is left (surplus), we will pay it to you unless the law requires us to pay it to someone else. If money from the sale is not enough to pay the amount you owe, you must pay the rest to us unless the law provides otherwise. If you do not pay this amount when we ask, we may charge you interest at a rate not exceeding the highest lawful rate until you pay. g. What we may do about optional insurance, maintenance, service, or other contracts. This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, you agree that we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe. 4. SERVICING AND COLLECTION CONTACTS In consideration of our extension of credit to you, you agree to provide us your contact information for our servicing and collection purposes. You agree that we may use this information to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and automatic telephone dialing systems, as the law allows. You also agree that we may try to contact you in these and other ways at any address or telephone number you provide us, even if the telephone number is a cell phone number or the contact results in a charge to you. You agree to allow our agents and service providers to contact you as agreed above. You agree that you will, within a reasonable time, notify us of any change in your contact information. 5. APPLICABLE LAW Federal law and the law of the state of Oklahoma apply to this contract. 6. NEGATIVE CREDIT REPORT NOTICE We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. The preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract. ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN YOU AND US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, any allegation of waiver of rights under this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this Vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator only on an individual basis and not as a plaintiff in a collective or representative action, or a class representative or member of a class on any class claim. The arbitrator may not preside over a consolidated, representative, class, collective, injunctive, or private attorney general action. You expressly waive any right you may have to arbitrate a consolidated, representative, class, collective, injunctive, or private attorney general action. You or we may choose the American Arbitration Association (www.adr.org) or National Arbitration and Mediation (www.namadr.com) as the arbitration organization to conduct the arbitration. If you and we agree, you or we may choose a different arbitration organization. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you reside unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this transaction was originated. We will pay the filing, administration, service, or case management fee and the arbitrator or hearing fee up to a maximum of $5,000, unless the law or the rules of the chosen arbitration organization require us to pay more. You and we will pay the filing, administration, service, or case management fee and the arbitrator or hearing fee over $5,000 in accordance with the rules and procedures of the chosen arbitration organization. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (8 U.S.C. §§ 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. You and we retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate any related or unrelated claims by filling any action in small claims court, or by using self-help remedies, such as repossession, or by filling an action to recover the vehicle, to recover a deficiency balance, or for Individual or statutory public injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator's award. This Arbitration Provision shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Provision, other than waivers of class rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. You agree that you expressly waive any right you may have for a claim or dispute to be resolved on a class basis in court or in arbitration. If a court or arbitrator finds that the class arbitration waiver is unenforceable for any reason with respect to a claim or dispute in which class allegations have been made, the rest of this Arbitration Provision shall also be unenforceable. The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding. If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others. See the rest of this contract for other important agreements. NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights. You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You acknowledge that you have read all pages of this contract, including the arbitration provision above, before signing below. You confirm that you received a completely filled-in copy when you signed it. Buyer Signs X NICOLE MARIE BELL Date 07/29/2024 Co-Buyer Signs X N/A Date N/A Buyer Printed Name NICOLE MARIE BELL Co-Buyer Printed Name N/A Title N/A If the "business" use box is checked in "Primary Use for Which Purchased": Print Name N/A Title N/A Co-Buyers and Other Owners — A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract Other owner signs here X N/A Address N/A Title F&I MGR Seller signs CONFIDENCE BUICK GMC Date 07/29/2024 By F&I MGR Seller assigns its Interest in this contract to THE FOCUS FEDERAL CREDIT UNION (Assignee) under the terms of Seller's agreement(s) with Assignee. ☐ Assigned with recourse ☒ Assigned without recourse ☐ Assigned with limited recourse Seller CONFIDENCE BUICK GMC By X EXHIBIT 2 Subsequent Action BORROWER 1 NAME: NICOLE MARIE BELL ACCOUNT NUMBER: DATE: 09/04/24 BORROWER 2 NAME: ACCOUNT NUMBER: DATE: ADDITION OF BORROWER On 09/04/24 (date), you agree to be bound by all the terms and conditions of the LOANLINER Credit Agreement and Security Agreement, if applicable. You understand that you may obtain advances under the Plan and that ☐ you are obligated to repay all amounts borrowed in the future by any joint borrower on the Plan or ☐ you are obligated to repay all amounts borrowed under the Plan, including any amounts owing on this date. Loan Account No.: 0001 Name(s) of Additional Borrower(s): Date Plan Opened: 08/22/24 RELEASE OF BORROWER/GUARANTOR On 09/04/24 (date), ____________________________ (__________) is released from ☐ all liability or ☐ all future but not past liability on Loan Account No. 0001 ____________. RELEASE OF SECURITY Describe Security: Reason: MODIFICATION AGREEMENT You agree to amend the terms of your original agreement and to repay the entire unpaid balance of $54,284.00 plus interest at 11.450% by paying $439.73 Bi-Weekly beginning 10/01/24. Reason: due date change from the 12th to the 1st, changed from monthly to bi-weekly Collateral: 2019 CADILLAC ESCALADE 1GY54JKJ1KR267441 SUBSEQUENT ELECTION FOR VOLUNTARY PAYMENT PROTECTION You can now voluntarily elect to become insured with the coverage(s) shown below. In order for coverage to become effective you must meet all insurance eligibility requirements stated in the Credit Insurance Application/Schedule. If you are adding coverage more than 30 days after the date of your advance loan you must complete the Evidence of Insurability questions. NOTE: The insurance you're applying for contains certain terms and exclusions; Refer to your certificate for coverage details. If you need a copy of the Insurance Certificate, just ask. By signing below, you authorize us to add the charges for the insurance to your outstanding balance each month. Coverage election applies to the entire balance on this ☐ subaccount/loan (______________) or ☐ open end plan. Insurance rates are subject to change. OPEN-END Cost Per $100 of Your Monthly Loan Balance CLOSED-END Premium Schedule NAME OF INSURED(S) You elect the following: ☐ Single Credit Life ☐ Joint Credit Life ☐ Single Credit Disability ☐ Joint Credit Disability To pay insurance premium, you agree to: ☐ make more payments of the same amount until what you owe has been repaid. ☐ increase your monthly payment to $ CREDIT INSURANCE WAIVER By signing below you elect not to be insured for: ☐ Single Credit Life ☐ Joint Credit Life ☐ Single Credit Disability ☐ Joint Credit Disability insurance on your Loan/Subaccount No. 0001, effective 09/04/24 (date). For open end Plans, you understand that all other Loan Subaccounts that were initially covered will continue to be covered, unless you waive the entire plan. SIGNATURES OWNER OF COLLATERAL (OTHER THAN A BORROWER) BORROWER SIGNATURE BORROWER 1 SIGNATURE BORROWER 2 SIGNATURE CREDIT UNION AUTHORIZATION EXHIBIT 3 OKLAHOMA TAX COMMISSION MOTOR VEHICLE DIVISION POST OFFICE BOX 289061 OKLAHOMA CITY, OKLAHOMA 73126 LIEN ENTRY FORM Debtor Names and Address (Last Name First) NICOLE MARIE BELL Name(s) 3801 SW 81ST ST. Address OKLAHOMA CITY, OK, 73188 City, State, Zip CONFIDENCE BUICK GMC Secured Party Name 8100 TINKER DIAGONAL Address MIDWEST CITY OK 73110 City, State, Zip THE FOCUS FEDERAL CREDIT UNION Assignee of Secured Party Name 420 NW 10TH STREET Address OKLAHOMA CITY, OK, 73104 City, State, Zip THIS LIEN ENTRY FORM COVERS THE FOLLOWING VEHICLE Year Make Body Type Vehicle Identification Number (VIN/HP) 2019 CADILLAC UT 1G0YBAJX1JK228761 Date of Security Agreement: 07/29/2024 Original Oklahoma Title Number: Secured Party/Assignee Signature: Date Executed: 07/29/2024 Lender must type and print four (4) identical copies of the Lien Entry Form. Type one Lien Entry Form for each vehicle, boat or outboard motor. <table> <tr> <th>FEES (VEHICLES)</th> <th>FEES (BOATS/MOTORS)</th> <th>Lien Only FiING</th> </tr> <tr> <td>lien Entry Fee $10.00<br>Title Fee $11.00<br>Mail Fee $1.55<br>Total $22.55</td> <td>lien Entry Fee $10.00<br>Title Fee $2.25<br>Mail Fee $1.55<br>Total $13.80</td> <td>Lien Entry Fee $10.00<br>Mail Fee $1.55<br>Total $11.55</td> </tr> </table> 78748*1CAFB441