IN THE DISTRICT COURT FOR CANADIAN COUNTY
STATE OF OKLAHOMA
REGIONAL FINANCE COMPANY
OF OKLAHOMA, LLC d/b/a
REGIONAL FINANCE
Plaintiff.
VS,
DONALD GRIGSBY
Defendant.
PETITION FOR COLLECTION OF INDEBTNESS
Case No. CS-2026-
COMES NOW, the Plaintiff Regional Finance Company (hereinafter referred to as ("Plaintiff"), and for Plaintiff’s cause of action against the Defendant alleges and states:
1. Plaintiff is duly and legally organized and is authorized to transact business in the State of Oklahoma.
2. The Cause of Action occurred in Canadian County and this Court has Jurisdiction over the person and subject matter of this action.
3. Defendant agreed to pay the account balance plus finance charges and other charges and fees in monthly installments according to the terms of the above referenced agreement.
4. Defendant entered into an agreement referred to as a “Promissory Note and Security Agreement” which is attached as "Exhibit A" and made part hereof.
5. Defendant used the account and thereby became obligated to pay the balance accrued. Plaintiff’s records indicate the Defendant’s last payment was on or about 11/05/2025. The Defendant defaulted on the loan agreement.
6. Defendant is currently indebted to Plaintiff for charges made under the above referenced agreement in the amount of $6,762.77.
WHEREFORE, the Plaintiff prays for judgment against the Defendant in the amount of $6,762.77,
with interest at the contract rate of 35.989% rate from the date of judgment until paid, and costs of this action and attorney fees. Plaintiff further requests an order directing the Oklahoma Employment to produce employment information of the judgment debtor(s) pursuant to 40 O.S. § 4-508(D).
Janice Steidley, OBA #17962
Larry Steidley, OBA #18000
Steidley Law Firm, P.C.
PO Box 98-319 West 1st Street
Claremore, OK 74018
(918) 343-2060 telephone
(918) 343-2062 facsimile
ATTORNEY FOR PLAINTIFF
ATTORNEY’S LIEN CLAIMED
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED FROM THIS COMMUNICATION WILL BE USED FOR THAT PURPOSE.
If this Note is signed electronically, the following apply:
NON-NEGOTIABLE
TRANSFERABLE ELECTRONIC RECORD
Promissory Note and Security Agreement (Including Arbitration Agreement)
Name and Address of Lender/Secured Party:
Regional Finance Company of Oklahoma, LLC d/b/a Regional Finance
639 NW 7TH ST
OKLAHOMA CITY, OK 73120-3803
Date: 07/08/2024
Account Number: 202000909920
Prior Account Number (if any): 202000572791
Name and Address of Borrower:
DONALD L GRIGSBY
117 NAOMI LN APT 3
NEWCASTLE, OK 73065
Name and Address of Co-Borrower:
This Promissory Note and Security Agreement (the “Note”) contains the terms of your loan with the lender named above. The words “you,” “your,” and “yours” refer to the Borrower(s) who signs this Note. The words “we,” “us,” “our,” and “Lender” refer to the lender named above. We want you to understand how your loan works, including your repayment obligations. You should read this document carefully and ask any questions that you may have. If you agree to be bound by the promises in this Note, you should sign your name below. By signing this Note, you are agreeing to pay the loan, interest, fees, and charges described in this Note. If more than one person signs, each will be responsible for repaying the loan in full.
FEDERAL TRUTH IN LENDING DISCLOSURES
<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 your credit as a yearly rate.<br>35.989%</td>
<td>The dollar amount the credit will cost you.<br>$6,169.19</td>
<td>The amount of credit provided to you or on your behalf.<br>$6,858.97</td>
<td>The amount you will have paid after you have made all payments as scheduled.<br>$13,028.16</td>
</tr>
</table>
Payment Schedule: Your payment schedule will be:
<table>
<tr>
<th>Number of Payments</th>
<th>Amount of Payment</th>
<th>When Payments Are Due</th>
</tr>
<tr>
<td>47</td>
<td>$271.42</td>
<td>Monthly beginning on 08/08/2024</td>
</tr>
<tr>
<td>1</td>
<td>$271.42</td>
<td>Final Payment Date (Maturity Date): 07/08/2028</td>
</tr>
</table>
Security: You are giving a security interest in: ☒ consumer goods ☐ motor vehicle ☐ other:
Late Charge: If any portion of your payment is more than 10 days past due, we will charge you a late fee of 5.00% of the unpaid amount of the payment or $31.00, whichever is greater.
Prepayment: If you pay off all or any part of this Note early, you may be entitled to a refund of part of the finance charge.
Filing Fees: $0.00 Non-Filing Insurance: $0.00
You should read the remainder of this Note for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties.
ITEMIZATION OF AMOUNT FINANCED
<table>
<tr>
<td>$6,917.97</td>
<td>Principal (Amount Financed plus Prepaid Finance Charge)</td>
<td>9.</td>
<td>$4,497.09</td>
<td>Balance (Net of Refunds) Paid on Your Prior Account</td>
</tr>
<tr>
<td>$59.00</td>
<td>Prepaid Finance Charge (Lender Closing Fee)</td>
<td>10.</td>
<td>$1,002.91</td>
<td>Proceeds of Loan Paid to You and/or Others at Your Request, as Itemized Below:</td>
</tr>
<tr>
<td>$6,858.97</td>
<td>Amount Financed (Sum of Lines 1 thru 10)</td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>$578.97</td>
<td>*Premium to Credit Life Insurance Company</td>
<td>Amount:</td>
<td>$0.00</td>
<td>To: N/A</td>
</tr>
<tr>
<td>$0.00</td>
<td>*Premium to Credit Disability Insurance Company</td>
<td></td>
<td>$0.00</td>
<td>N/A</td>
</tr>
<tr>
<td>$0.00</td>
<td>*Premium to Involuntary Unemployment Insurance Company</td>
<td></td>
<td>$0.00</td>
<td>N/A</td>
</tr>
<tr>
<td>$780.00</td>
<td>*Premium to Personal Property Insurance Company</td>
<td></td>
<td>$0.00</td>
<td>N/A</td>
</tr>
<tr>
<td>$0.00</td>
<td>*Premium to Vehicle Insurance Company</td>
<td></td>
<td>$0.00</td>
<td>N/A</td>
</tr>
<tr>
<td>$0.00</td>
<td>*Fee to ATMC for Auto Plus Plan</td>
<td></td>
<td>$0.00</td>
<td>N/A</td>
</tr>
<tr>
<td>$0.00</td>
<td>Premium to Insurance Company for Non-Filing Insurance</td>
<td></td>
<td>$0.00</td>
<td>N/A</td>
</tr>
<tr>
<td>$0.00</td>
<td>Amount Paid to Public Officials for UCC-1 and/or Title Fees</td>
<td></td>
<td>$1,002.91</td>
<td>You</td>
</tr>
</table>
* Each of these products is optional and not required for you to obtain credit from us. Your decision to purchase or not to purchase these products will not affect our decision to extend credit to you or the terms of the credit extended. We may retain a portion of these amounts or otherwise benefit financially from the sale of these products.
ITEMIZATION OF FINANCE CHARGE
<table>
<tr>
<td>1.</td>
<td>$6110.19</td>
<td>Precomputed Interest Charge (Effective Interest Rate: 35.44%)</td>
<td>3.</td>
<td>$6,169.19</td>
<td>Total Finance Charge (Sum of Lines 1 and 2)</td>
</tr>
<tr>
<td>2.</td>
<td>$59.00</td>
<td>Lender Closing Fee (Prepaid Finance Charge)</td>
<td></td>
<td></td>
<td></td>
</tr>
</table>
Initials /________________________/
This document is subject to a security interest in favor of Wells Fargo Bank, National Association, as Agent.
Page 1 of 9
OK-PNSA-002 02/24
THE PURCHASE OF CREDIT LIFE INSURANCE, CREDIT DISABILITY INSURANCE, INVOLUNTARY UNEMPLOYMENT INSURANCE, AND AN AUTO PLUS PLAN ARE NOT REQUIRED FOR YOU TO GET THIS LOAN. EACH OF THESE PRODUCTS IS OPTIONAL. YOUR DECISION TO PURCHASE OR NOT TO PURCHASE THESE PRODUCTS WILL NOT AFFECT OUR DECISION TO EXTEND CREDIT TO YOU OR THE TERMS OF THE CREDIT EXTENDED. WE WILL NOT PROVIDE THESE PRODUCTS AND YOU WILL NOT BE CHARGED FOR THEM UNLESS YOU (1) INITIAL AND SIGN BELOW; (2) AGREE TO PAY THE ADDITIONAL COST SET FORTH BELOW; AND (3) COMPLETE AND SIGN THE APPROPRIATE APPLICATION (IF ANY) FOR THE PRODUCTS SELECTED. THESE PRODUCTS WILL COVER YOU AND PROVIDE THE BENEFITS AS LISTED AND DESCRIBED IN THE INSURANCE CERTIFICATE, THE INSURANCE POLICY, AND/OR THE MEMBERSHIP SERVICE CONTRACT THAT WE HAVE GIVEN TO YOU TODAY.
PURCHASE AND CANCELLATION OF OPTIONAL CREDIT INSURANCE PRODUCTS. You understand that your purchase of Credit Life Insurance, Credit Disability Insurance, and Credit Involuntary Unemployment Insurance is optional and not required to obtain credit from us. You also understand that the premium will be financed as part of your loan and you will pay interest on the premium. You also understand that if you purchase any of these insurance products, you may cancel the insurance at any time after purchase. If you cancel the insurance on or before the 30th day following your purchase of the insurance, you will be entitled to a full refund of the premium. If you cancel the insurance after the 30th day following your purchase of the insurance, you will be entitled to a partial refund of the premium. Regardless of the timing of your cancellation, your loan terms, including your payment dates and amounts, will not change. We will credit to your account any premium refunds we receive from the insurance company or, when legally required, forward to you.
<table>
<tr>
<th>Borrower Acknowledgement</th>
<th>Initials</th>
<th>Initials</th>
<th>Premium</th>
<th>Single</th>
<th>Joint</th>
</tr>
<tr>
<td>Initial if you want to purchase Credit Life Insurance from us for the term of this Note at a cost of the premium set forth next to your initials.</td>
<td colspan="5">100<br>$578.97</td>
</tr>
<tr>
<td>Initial if you want to purchase Credit Disability Insurance from us for the term of this Note at a cost of the premium set forth next to your initials.</td>
<td colspan="5">SN/A</td>
</tr>
<tr>
<td>Initial if you want to purchase Involuntary Unemployment Insurance from us for the term of this Note at a cost of the premium set forth next to your initials.</td>
<td colspan="5">SN/A</td>
</tr>
</table>
Date: 7-8-2024
Borrower Signature:
PURCHASE AND CANCELLATION OF OPTIONAL AUTO PLUS PLAN. You understand that your purchase of an Auto Plus Plan is optional and not required to obtain credit from us. The Auto Plus Plan is administered by The American Traveler Motor Club, Inc. ("ATMC"). You understand that the Auto Plus Plan is not insurance. You understand that if you choose to purchase an Auto Plus Plan, it will provide those benefits described in the membership service contract. You understand that the membership fee will be financed as part of your loan and you will pay interest on the fee. You understand that you may cancel your Auto Plus Plan membership following purchase. If you cancel the Auto Plus Plan on or before the thirty-first (31st) day following your purchase of the Auto Plus Plan, you will be entitled to a full refund of the membership fee directly from ATMC. If you cancel the Auto Plus Plan after the thirty-first (31st) day following your purchase of the Auto Plus Plan, you will receive a refund of the unused portion of the membership fee. This refund will be calculated on a pro-rata basis, and ATMC may retain a cancellation fee, if the law allows. Regardless of the timing of the cancellation, you will continue to pay interest on the outstanding balance of the principal which includes the amount refunded directly to you. You understand that if you cancel your Auto Plus Plan, your loan terms, including your payment dates and amounts will not change. We will credit to your account any refunds we receive from ATMC or, when legally required, forward to you. You understand that ATMC is not affiliated with Lender.
<table>
<tr>
<th>Borrower Acknowledgement</th>
<th>Initials</th>
<th>Initials</th>
<th>Fee</th>
</tr>
<tr>
<td>Initial if you want to purchase the Auto Plus Plan from us for the term indicated in the enrollment authorization and at a cost of the membership fee set forth next to your initials and if you wish to finance the membership fee in your loan.</td>
<td colspan="3">SN/A</td>
</tr>
<tr>
<td>Initial if you want to purchase the Auto Plus Plan from us at a cost of the membership fee and for the term indicated in the enrollment authorization, and if you wish to pay the membership fee in cash, or by personal check, money order, or credit card.</td>
<td colspan="3">See enrollment authorization.</td>
</tr>
</table>
Date:
Borrower Signature:
Co-Borrower Signature:
WE REQUIRE THAT ANY CONSUMER GOODS AND MOTOR VEHICLES SECURING THIS NOTE BE INSURED. WE DESCRIBE THIS INSURANCE OBLIGATION IN GREATER DETAIL IN THE "RISK OF LOSS; OBLIGATION TO MAINTAIN INSURANCE" PARAGRAPH BELOW. WE OFFER PERSONAL PROPERTY INSURANCE AND VEHICLE INSURANCE THAT YOU CAN, BUT DO NOT HAVE TO, PURCHASE FROM US, TO SATISFY YOUR INSURANCE OBLIGATION UNDER THIS NOTE. YOU UNDERSTAND THAT YOU MAY BUY THE REQUIRED INSURANCE FROM ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US. YOUR CHOICE OF SUCH AN INSURER WILL NOT AFFECT YOUR CREDIT TERMS OR OUR DECISION TO EXTEND CREDIT. YOU UNDERSTAND THAT INSURANCE AGAINST LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE TO OTHERS IS NOT INCLUDED IN THIS NOTE. IF YOU ELECT TO PURCHASE PERSONAL PROPERTY INSURANCE AND/OR VEHICLE INSURANCE FROM US: (1) IT WILL PROVIDE COVERAGE AS LISTED AND DESCRIBED IN THE INSURANCE CERTIFICATE AND/OR THE INSURANCE POLICY THAT WE HAVE GIVEN TO YOU TODAY; AND (2) YOU UNDERSTAND THAT VEHICLE INSURANCE PURCHASED FROM US PROTECTS ONLY OUR INTERESTS IN THE VEHICLE, NOT YOURS.
PURCHASE AND CANCELLATION OF PERSONAL PROPERTY INSURANCE AND/OR VEHICLE INSURANCE. If you are purchasing Personal Property Insurance and/or Vehicle Insurance from us, you acknowledge and understand the following: (1) you do not have alternative personal property insurance and/or vehicle insurance insuring the consumer goods and/or motor vehicle collateral securing this Note and identifying Lender as loss payee; and (2) you can purchase your own insurance insuring the consumer goods and/or motor vehicle collateral securing this Note. If you provide proof of your own insurance to us, you may cancel the Personal Property Insurance and/or Vehicle Insurance that you are purchasing from us. You understand that the premium will be financed as part of your loan and you will pay interest on the premium. If you cancel the insurance on or before the thirtieth (30th) day following your purchase of the insurance, you will be entitled to a full refund of the premium for the insurance. If you cancel the insurance after the thirtieth (30th) day following your purchase of the insurance, you will be entitled to a partial refund of the premium for the insurance. Regardless of the timing of your cancellation, your loan terms, including your payment dates and amounts will not change. We will credit to your account any premium refunds we receive from the insurance company or, when legally required, forward to you.
[The remainder of this page is intentionally left blank.]
Hortower Acknowledgement
You may choose the insurance company through which Personal Property Insurance is obtained. Initial if you want to purchase Personal Property Insurance from us for the term of this Note at a cost of the premium set forth next to your initials.
You may choose the insurance company through which Vehicle Insurance is obtained. Initial if you want to purchase Vehicle Insurance from us for the term of this Note at a cost of the premium set forth next to your initials. You acknowledge that you are not purchasing liability insurance.
Date: 7-8-2024
Borrower Signature:
NON-FILING FEE AND INSURANCE. If indicated in the Federal Truth in Lending Disclosures and the Itemization of Amount Financed above, you have been charged an amount for non-filing insurance. This charge is to offset the cost to us of non-filing insurance policies. We purchased or will purchase these policies for protection from losses where, following an event of default, we are unable to take possession of the consumer goods that secure this Note due to our decision not to perfect our security interest in the consumer goods by filing a UCC-1 Financing Statement or a Lien Entry Form for any motor vehicle collateral with the appropriate state authority. You understand that we may, at our option, purchase non-filing insurance policies in lieu of perfecting our security interest under state law. You also understand that you are not purchasing a non-filing insurance policy and that our non-filing insurance policy is not for your benefit or use. When charged, the cost of our non-filing insurance will be included in the Amount Financed disclosed on page 1 of this Note.
PROMISE TO PAY; FINANCE CHARGES. This is a precomputed loan. You, the undersigned Borrower(s), jointly and severally, promise to pay to the order of Lender, at its office: (1) the Total of Payments disclosed in the Federal Truth in Lending Disclosures above; plus (2) all other charges that arise under this Note. The Total of Payments consists of: (1) the Amount Financed disclosed in the Federal Truth in Lending Disclosures above; plus (2) the Precomputed Interest Charge disclosed in the Itemization of Finance Charge above; plus (3) the Lender Closing Fee disclosed in the Itemization of Finance Charge above.
INTEREST RATE AFTER MATURITY, DEFAULT OR JUDGMENT. Unless otherwise provided by law, you will pay interest at the Effective Interest Rate applicable to this Note disclosed in the Itemization of Finance Charge above (the “Effective Interest Rate”) on any remaining unpaid amounts following the Final Payment Date (Maturity Date) disclosed in the Federal Truth in Lending Disclosures above (or any deferred Final Payment Date (Maturity Date) in the event such date is deferred by you and us), until all such amounts are paid in full. If you default under this Note and we obtain a judgment against you, interest shall accrue on such judgment at the rate ordered by the court, or as otherwise allowed by law.
LENDER CLOSING FEE. You agree to pay us the Prepaid Finance Charge (Lender Closing Fee) disclosed above in the Itemization of Amount Financed and the Itemization of Finance Charge. The Prepaid Finance Charge (Lender Closing Fee) is fully earned when we make your loan. It is not subject to rebate or refund if you prepay your loan.
PAYMENT DUE DATES. You agree to make regular payments as disclosed in the Federal Truth in Lending Disclosures above. The following table describes the due dates of your payments if your first payment is due on the 29th, 30th, or 31st of the month:
<table>
<tr>
<th>If your first payment is due:</th>
<th>Then all subsequent payments are due:</th>
</tr>
<tr>
<td>On the 31st of the month</td>
<td>On the last day of the month</td>
</tr>
<tr>
<td>On the 29th or 30th of the month</td>
<td>The same day of the month, except for February when your payment will be due on the last day of the month</td>
</tr>
</table>
If you have not paid all amounts due under this Note by the Final Payment Date (Maturity Date) disclosed in the Federal Truth in Lending Disclosures above (or any deferred Final Payment Date (Maturity Date)), you agree to pay all outstanding amounts at that time.
PAYMENT DEFERRAL, EXTENDED TERM, AND IMPACT ON CREDIT INSURANCE. If you and we agree, we may defer the due date of all or part of one or more installment payments due under this Note. If you and we agree, we may also extend the Final Payment Date (Maturity Date) set forth in the Federal Truth in Lending Disclosures above. Any payment deferrals which extend payment of the balance of your purchase. The coverage of any insurance policies will cease on the original Final Payment Date (Maturity Date) set forth in the Federal Truth in Lending Disclosures above.
PAYMENT APPLICATION. Unless otherwise required by law, payments will be applied in the following order: (1) to late charges and other permissible charges; and (2) then to the remaining balance of the Note. Any portion or all of the balance may be prepaid at any time without penalty. Additional payments may reduce your balance but will not relieve you of your obligation to make regular monthly payments as set forth in the Payment Schedule above, unless otherwise allowed by us.
PREPAYMENT; REFUND OF FINANCE CHARGES. You may prepay all or part of the balance due under this Note at any time without penalty. If you do so, you must first pay the earned and unpaid charges and other amounts due up to the date of your payment. If your loan is prepaid in full, Lender will refund any unearned Precomputed Interest Charge in accordance with Oklahoma law. For loans with an original term of 61 months or less, Lender will compute the refund using the sum of the periodic balances method. For loans with an original term of more than 61 months, Lender will compute the refund using the actuarial method. Lender is not obligated to refund amounts less than $1.00 upon prepayment or in the event of an overpayment upon payment in full.
DISHONORED PAYMENTS. To the extent permitted by applicable law, you agree to pay a fee not to exceed $25.00 for each check, negotiable order of withdrawal, or share draft that you give to us that is dishonored or returned to us unpaid for any reason.
LATE CHARGE. You agree to pay the late charge disclosed in the Federal Truth in Lending Disclosures above.
PROCESSING FEE. For your convenience, we offer a third party payment processing service for debit card payments. The service is optional and if you elect to use it you may be assessed a fee by the third party payment processor. This fee will appear on payment receipts if you elect to use the service. Free payment options are available.
SECURITY AGREEMENT. To secure the payment of all amounts due from you under this Note, you grant us a security interest under the Uniform Commercial Code of Oklahoma in: (1) the property described in the Federal Truth in Lending Disclosures box on page 1 of this Note, as more fully described below for any motor vehicle collateral and as more fully described in any Exhibit A attached hereto and incorporated by reference, (2) all money or goods received (“proceeds”) for such property; (3) all insurance or other contracts we finance for you; and (4) all proceeds from insurance or other contracts we finance for you, including refunds of unearned premiums; all of which is called the “Property” or “Collateral”.
[The remainder of this page is intentionally left blank.]
<table>
<tr>
<th>CURRENT TITLE NUMBER</th>
<th>CURRENT STATE ISSUING TITLE</th>
<th>MODEL YEAR</th>
<th>MAKE OF AUTO</th>
<th>STYLE AND/OR MODEL</th>
<th>CURRENT LICENSE PLATE NUMBER</th>
<th>VEHICLE IDENTIFICATION NUMBER</th>
<th>CURRENT MILEAGE</th>
</tr>
</table>
MAINTENANCE AND USE OF COLLATERAL. If this Note is secured by a motor vehicle, you promise that you will not permanently remove the motor vehicle from the state of your present residence. If this Note is secured by other personal property, you promise that you will not permanently remove such other personal property from your residence. You promise not to dispose of any Collateral without our written consent. You agree that all equipment, tires, accessories, and parts attached to or added to the Collateral will at once become a part of the Collateral. You will use the Collateral only for personal, family, and/or household purposes. You will not sell the Collateral. You will not pledge the Collateral as security for another loan. You will not give the Collateral away. You will not abandon the Collateral. You will not lease the Collateral. You will not use the Collateral for other than personal use without our written consent. You will not use the Collateral to carry passengers for hire. You will not use the Collateral for any illegal purposes. You will not allow anyone other than us to put a lien on the Collateral. You will keep the Collateral in good condition and repair. You will pay when due any repair bills, storage bills, towing bills, taxes, fines, or other charges on the Collateral. We may pay any of these bills, if you do not. If we pay these bills, you will repay to us the amount of such bills on demand. If allowed by law, you also will pay us interest on the amount of these bills at the Effective Interest Rate or at such lesser rate as may be allowed by law.
RISK OF LOSS; OBLIGATION TO MAINTAIN INSURANCE. The Collateral will be held at your risk. You agree to buy and keep insurance against all physical damage risks to the Collateral. The insurance must be in a form and for amounts as we may reasonably require. You will pay the cost of the insurance. You agree to keep the insurance until all promises in this Note are satisfied in full. The proceeds of the insurance will be payable as our interests appear, with the lender's loss payable clause identifying us as lender from the beginning of the term of this Note and until all promises in this Note are satisfied in full. If a motor vehicle(s) secures this Note, you agree to keep insurance that covers the motor vehicle(s) against the risk of fire, theft, collision, and other property damage throughout the term of the Note. Any motor vehicle insurance policies must have a deductible amount not in excess of $500. You may choose the person through which property damage insurance is obtained, and you have the option of providing any such insurance through an existing policy or a policy independently obtained and paid for by you. We may, for reasonable cause before credit is extended, refuse to accept any insurance which you offer to provide. You agree to provide us with written evidence that the required insurance coverage is in force at all times. You agree that you will bear at all times the risk of loss or damage to the Collateral. Your promises under this Note will not be affected in any way by any such loss or damage. Any insurance proceeds paid to us will reduce your outstanding balance under this Note. You assign to us any proceeds not in excess of the unpaid balance of this Note which may become payable under insurance policies insuring the Collateral, including the return of unearned premiums. You will direct any insurance company to mail payments directly to us to be applied to the unpaid balance of this Note. You appoint us as your attorney-in-fact to endorse any instrument or draft payable to you. In the event of any default under this Note, you authorize us to cancel any insurance that we obtain to protect our interest in accordance with the terms of this Note. Any resulting premium refund received by us will be credited against the unpaid balance of this Note.
LENDER'S RIGHTS FOLLOWING INSURANCE LAPSE. If you do not keep the required insurance, we may purchase insurance at your expense to protect our interests in the Collateral. This insurance may, but need not, protect your interests. The type of insurance we purchase may include the following: (1) insurance insuring our interest in the Collateral against loss or damage; (2) insurance insuring both parties' interest in the Collateral against loss or damage ("Dual Interest Property Insurance"); and/or (3) other insurance allowed under applicable law. The insurance coverage that we purchase may not pay any claim that you make or any claim that is made against you in connection with the Collateral. We are not required to purchase any insurance. Dual Interest Property Insurance may be made available to you on a voluntary basis at our sole discretion and option. Alternatively, we may elect to declare the balance of the Note immediately due and payable. If we do so, we may exercise any of our rights, including repossession of the Collateral. To the extent that state or federal law or regulation prohibits us from requiring you to obtain insurance or limits the types or amount of insurance we may purchase on the Collateral or require you to obtain, we will purchase and you are required to obtain only such insurance that is believed in good faith by us to be permissible under applicable law. If we purchase insurance for the Collateral, you will be responsible for the costs of that insurance, including the insurance premium, interest and any other charges we may impose in connection with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. You agree that the interest you will pay us on the amount of the insurance premiums will be at the Effective Interest Rate, not to exceed the highest rate allowed by applicable law. You agree to pay this amount in equal installments over a period of 12 months or, if a shorter period, over the remaining term of this Note, concurrently with the remaining unpaid installments set forth above. This reimbursement obligation will constitute an additional obligation of yours under this Note. The period over which you pay for the insurance premiums may exceed the coverage period. You may later cancel any insurance purchased by us, but only after providing evidence that you have obtained insurance as required by this Note. The costs of the insurance we purchase may be more than the cost of insurance you may be able to obtain on your own. We may purchase insurance through an insurance agency affiliated with us through common ownership or otherwise. The agency that sells the insurance may receive a commission on the purchase of insurance and other financial incentives related to loss ratios. We may also receive similar or other financial benefits from the placement of insurance. The insurance we purchase may be more expensive than a policy purchased by you for the insured property. IF ANY INSURANCE POLICY IS ISSUED, IT WILL NOT PROVIDE PROTECTION AGAINST LIABILITY FOR BODILY INJURY OR DAMAGE TO THE PROPERTY OF OTHERS.
EVENTS OF DEFAULT. We may exercise our discretion to declare you in default if (A) any payment or any other sum due under this Note is not paid when due; or (B) our prospect of payment or performance is significantly impaired, including by any one or more of the following: (1) you are in (or any other person puts you in) bankruptcy, insolvency, or receivership; or (2) any credit information you gave us is materially wrong; or (3) you do not fulfill a promise you have made to us in this Note; or (4) you die; or (5) the Collateral is seized or confiscated by a political or governmental agency as a result of the alleged illegal use of the Collateral; or (6) there is a lapse in the required physical damage insurance coverage on the Collateral securing this Note; or (7) you default on another loan or credit obligation that you owe to us. Time is of the essence of this Note. Waiver of any default or acceptance of any past due payment will not be a waiver of any subsequent or other default.
LENDER'S REMEDIES FOLLOWING DEFAULT. If you are in default, at our election, the full unpaid amount of the indebtedness under this Note, including all interest and charges, will immediately become due and payable, subject to any notice and right to cure required by applicable law. We also have the right to repossess the Collateral if the insurance coverage required above lapses at any time or if you fail to provide us with proof of continuous insurance coverage when we request that you provide such proof. Upon default and acceleration, we will then have the remedies of a secured party under the Uniform Commercial Code of Oklahoma. These remedies include the right to take possession of the Collateral, including any equipment or accessories thereto, without legal process and without demand. We also may require you to assemble and make the Collateral available to us at a place to be designated by us that is reasonably convenient to both parties. We may take possession of any other property contained in any Collateral described herein, including any motor vehicle, at the time of repossession. If we do so, we will hold the property temporarily for you without any responsibility or liability on our part, with the exception of gross negligence or wilful misconduct. You agree to send notice by registered mail to us within ten (10) days after any repossession by us of the Collateral, including any motor vehicle, if you claim that any property not included as Collateral herein was contained in the Collateral at the time of repossession. Failure to provide us with this notice is a waiver of and bar to any subsequent claim for the property. If we take possession of a vehicle, any accessories, equipment, or replacement parts will stay with the vehicle.
DISPOSITION OF COLLATERAL FOLLOWING REPOSSESSION. Upon your return of the Collateral to us or our repossession of it, we will have the remedies provided by Oklahoma and/or federal law. The proceeds of any sale or other disposition of the Collateral will be applied, except as otherwise required by law: (1) to the actual and reasonable costs of the sale; (2) to the actual and reasonable costs of retaking, preparing for sale, and storage of the Collateral; and (3) to any amounts you owe under this Note, including permitted charges, court costs, and our reasonable attorney's fees of an attorney who is not our salaried employee and not to exceed 15% of the amount of the unpaid debt, each to the extent permitted by law. Any remaining proceeds will be paid to you, except as otherwise provided by law. You will be liable for any deficiency.
Unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, if required by applicable law, we will give you reasonable notice of the time and place of any public sale of the Collateral or of the time after which any private sale or any intended disposition of the Collateral is to be made. You recognize and agree that wholesale or dealer-only auctions are a usual manner of sale of repossessed motor vehicles and that such sale is in conformity with the reasonable commercial practices among dealers in repossessed motor vehicles. You agree that disposition of Collateral at regularly held public auctions, private dealer-only auctions, or other regularly held restricted-entry auctions is a commercially reasonable manner of disposition. You recognize and agree that sale or disposition may be by other means, public or private, at our discretion, as permitted by the Uniform Commercial Code of Oklahoma or other applicable law. Further, if prior notice to you of a sale or intended disposition of the Collateral is required, then you agree that such notice, in the statutorily suggested form and sent by regular first class mail, registered mail, or certified mail to your address as listed on this Note or, if you have provided us with an authenticated change of address, to the last authenticated change of address we received prior to the notification date, will be commercially reasonable notice if sent at least ten (10) days prior to disposition. You recognize and agree that the sale or disposition of Collateral made with such disclaimer or warranties as is permitted by the Uniform Commercial Code of Oklahoma, or other applicable law, is commercially reasonable. We may become the purchaser of the Collateral at any sale of the Collateral. In the case of a deficiency, you will pay the deficiency with interest at the Effective Interest Rate, not to exceed the highest rate allowed by applicable law.
ATTORNEYS' FEES AND COLLECTION COSTS. If we refer the collection of this Note to an attorney who is not our salaried employee, you agree to pay reasonable attorney's fees, not to exceed 15% of the amount of the unpaid debt, to the full extent permitted by law. You also agree to pay court costs and other collection costs that we incur in obtaining a judgment for amounts owed under this Note and that we incur in otherwise collecting on this Note, to the full extent permitted by law.
ASSIGNMENT AND AMENDMENT. You agree that we may transfer, assign, or sell this Note and that all terms and conditions set forth in the Note for our benefit will inure to the benefit and operate in favor of such purchasers, assignees, or successors. You may not assign this Note without our written consent. Your obligations under this Note will be binding upon your heirs, personal representatives, and permitted assigns. No amendment of this Note will be valid unless it expressly states that it is an amendment to this Note and is signed by both us and you.
LAW THAT APPLIES. Oklahoma law and federal law, as applicable, govern this Note.
WAIVER AND RELEASE. We can waive or delay enforcing any of our rights without losing them. We can waive or delay enforcing a right against one of you (if more than one Borrower signs this Note) without losing it as to the other. We can release one of you (if more than one Borrower signs this Note) without releasing the other.
MISCELLANEOUS. If allowed by applicable law, you consent to extensions of time without notice. The singular used herein will include the plural. You will notify us immediately if you change your address. If any provision of this Note cannot be enforced, the rest of the Note will stay in effect. The Federal Truth in Lending Act disclosures shown on page 1 of this Note are also terms and conditions of this Note.
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 HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. [The preceding notice applies only when the proceeds of this loan are used to purchase goods or services for personal, family, or household use from a seller who (1) refers consumers to us, or (2) is affiliated with us by common control, contract, or business arrangement.
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ARBITRATION AGREEMENT. Read this Arbitration Agreement carefully. The Arbitration agreement will have a substantial impact on the way you and we resolve any dispute which you or we have against each other now or in the future if you do not reject it. You and we agree to this Arbitration Agreement. Instead of litigation in a court, if any Dispute (as defined below in the section captioned “Types of Claims Covered”) arises between the parties, you and we will resolve the Dispute by binding arbitration if either party elects arbitration. IF YOU OR WE ELECT TO ARBITRATE A DISPUTE, YOU AND WE WILL NOT HAVE THE RIGHT TO PURSUE THAT DISPUTE IN COURT OR HAVE A JURY DECIDE THE DISPUTE. ALSO, YOUR AND OUR ABILITY TO OBTAIN INFORMATION FROM THE OTHER PARTY IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
Types of Claims Covered. “Dispute” shall have the broadest meaning possible. It includes any claims co-signers under (this Note) and us that in any way arises from or relates to the loan, the Collateral, this Note, or the relationships resulting from any of the foregoing. This includes disputes arising from actions or omissions on or prior to the date of this Note. As solely "our" mean any of the following: (1) the Lender; (2) any subsequent holder of this Note; and (3) each of their parent companies, wholly or majority-owned subsidiaries; affiliates; commonly-owned companies; successors; assigns; and any of these entities' employees, officers, directors, and agents. For purposes of this Arbitration Agreement, these terms also mean any third party providing any goods and services in connection with the origination, servicing, and collection of the loan, this Note, or the Collateral, if you name that third party and us as defendants in a single proceeding. “Dispute” includes initial claims, counterclaims, cross-claims, and third-party claims. It includes disputes based upon contract, negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance, federal and state law, common law, and equity (including any claim for individual injunctive or declaratory relief). “Dispute” does not include disputes about the validity, enforceability, coverage, or scope of this Arbitration Agreement or any part thereof (including, without limitation, the section captioned “Severability”), all such disputes are for a court and not an arbitrator to decide. However, any dispute of argument that concerns the validity or enforceability of the Note as a whole is for the arbitrator, not a court, to decide.
Choosing the Arbitration Organization. Any Dispute shall be decided before one of the following ("the arbitration organization"): American Arbitration Association (https://www.adr.org/) ("AAA"), or another arbitration organization selected by mutual written agreement of the parties. If AAA cannot or will not serve, and the parties are unable to select an arbitration organization by mutual consent, the arbitration organization will be selected by a court with jurisdiction. Notwithstanding any language in this Arbitration Agreement to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any arbitration organization that has in place a formal or informal policy that purports to override the Class Action Waiver below. Any arbitration under this Arbitration Agreement shall be conducted under the then current consumer arbitration rules for the arbitration organization selected. Even if all parties have opted to litigate a claim in court, or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that dr any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.
Costs and Location of Arbitration. Each arbitration organization charges fees to administer an arbitration proceeding. The arbitrator also charges fees. This includes fees not charged by a court. If either you or we require a Dispute to be arbitrated, the parties shall pay said fees in accordance with the administrator's rules. However, if you tell us in writing that you cannot afford to pay the fees charged by the arbitration organization and/or the arbitrator and that you were unable to obtain a waiver of fees from the administrator, and if your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to you by the arbitration organization and/or arbitrator. The fee schedule provided in the rules for consumer disputes by the particular arbitration organization, if any, will apply. Some states, including California and New Jersey, permit consumers to seek a waiver of some arbitration fees under certain circumstances. See "Costs of Arbitration" at https://www.adr.org/sites/default/files/Consumer-Rules-Web.pdf). The parties shall also bear the fees and expenses of their own attorneys, experts and witnesses unless otherwise required by applicable law. We will bear any fees and costs if applicable law requires us to do so or if doing so is necessary to ensure that the Arbitration Agreement is enforceable. If the arbitrator determines that any party's claim or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party if such sanctions could be imposed under Rule 11 of the Federal Rule of Civil Procedure. The arbitration hearing shall be conducted in the federal district in which you reside, or at some other place you request, if we agree.
Class Action Waiver. IF YOU OR WE ELECT TO ARBITRATE A DISPUTE: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAINTIFF, DEFENDANT, OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN AN ARBITRATION; AND (3) THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION, OR OTHER REPRESENTATIVE ARBITRATION. MOREOVER, ABSENT THE WRITTEN CONSENT OF ALL PARTIES, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO JOIN OR CONSOLIDATE A DISPUTE WITH DISPUTES OF ANY OTHER PERSON OR ENTITY. An arbitration award shall determine the rights and obligations of the named parties only, and only with respect to the Dispute(s) in arbitration. No arbitration administrator or arbitrator shall have the power of authority to waive or modify this section, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable.
Arbitration Result and Right to Appeal. The parties agree: (1) that once one of the parties has elected to arbitrate, binding arbitration is the exclusive method for resolving any and all Disputes; and (2) that by entering into this Arbitration Agreement, the parties are waiving their right to a jury trial and their right to bring or participate in any class action, private attorney general action or other representative action in court or through arbitration. A single neutral arbitrator who is an attorney or a retired judge shall be appointed. The arbitrator must apply applicable substantive law consistent with the Federal Arbitration Act (“FAA”)and applicable statutes of limitations and claims of privilege recognized at law. The arbitrator is authorized to award all remedies permitted by the substantive law that would apply in an individual court action (including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). Any finding, award or judgment from an arbitration of any Dispute shall apply only to that arbitration. No finding, award or judgment from any other arbitration shall impact the arbitration of any Dispute. The parties acknowledge and agree that the FAA shall govern any arbitration under this Arbitration Agreement and the construction, interpretation and enforceability of this Arbitration Agreement notwithstanding any election of other governing law in the Note. To the extent that state law is relevant under the FAA, the governing law specified in this Note shall apply, to the extent consistent with the FAA. At the request of either party, the arbitrator shall prepare a written decision stating reasoned findings of fact and conclusions of law. A party may enter judgment on the award in any court of competent jurisdiction. The arbitrator's award shall be final and binding on all parties, except that if the amount of the Dispute exceeds $25,000, any party may appeal the arbitrator's award if and as provided by the rules of the arbitration organization. Notwithstanding any language in this Arbitration Agreement to the contrary, the parties maintain all rights to appeal provided by the FAA.
Excluded Claims. Notwithstanding any other provision of this Arbitration Agreement to the contrary, the parties retain the right to seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. In the event that such a claim is later amended to seek class relief, is removed or appealed to another court, or a larger amount is sought, the parties shall at such time be permitted to require arbitration. Additionally, both parties retain the right to exercise self-help remedies (i.e., those that do not involve a court) including but not limited to set-off, recoupment, or repossession. However, you retain the right to file an individual lawsuit prevent Lender from using any such self-help remedy or to assert a Claim directly related to the use of any such self-help remedy, so long as such lawsuit is on an individual basis and does not involve a request for monetary relief of any kind.
Severability. If any portion of this Arbitration Agreement is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force, subject to two exceptions: (i) if a determination is made that the Class Action Waiver is unenforceable, and that determination is not reversed on appeal, then the Arbitration
Agreement (except for this sentence) shall be void in its entirety; and (ii) if a court determines that Class Action Waiver, and that determination is not reversed on appeal, then the public injunctive relief claim may proceed notwithstanding the arbitrated, and the parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded. The parties acknowledge and agree that under no circumstances will a class action or public injunctive relief claim be arbitrated.
Binding Effect of Arbitration Agreement. This Arbitration Agreement becomes part of all documents that evidence the transactions between you and us. This Arbitration Agreement is binding upon and benefits you, your respective heirs, successors, and assigns. This Arbitration Agreement also is binding upon and benefits us. In the event that we assign the Note or other related contract to any other party, such assignee shall have all of our rights under this Arbitration Agreement. This Arbitration Agreement shall survive any satisfaction, rescission, or termination of the Note and/or any other related agreement and any bankruptcy by you (to the extent permitted by applicable bankruptcy law). In the event of a conflict or inconsistency between this Arbitration Agreement, on the one hand, and the applicable arbitration rules or the terms of this Note, on the other hand, this Arbitration Agreement shall govern.
Right to Reject Arbitration Agreement. You may opt out of this Arbitration Agreement by sending a written notice to us of your election to opt out. Such notice, to be effective, must be sent to us at Regional Finance, Attn: Legal Department, 979 Batesville Road, Suite B, Greer, SC 29651. You must send this notice by certified mail, and it must be received by us not later than 45 days after the date of the Note. Rejecting this Arbitration Agreement will not affect any other provision of this Note. Your rejection of this Arbitration Agreement will not be deemed to be a rejection of this Arbitration Agreement by any person or entity other than you.
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TELEPHONE AND ELECTRONIC COMMUNICATIONS. By providing us with your telephone number(s), you give us and our service providers, agents and assignees permission to call you and to send you text messages on such number(s) with information about your account(s) and your transactions with us. You also give us permission to communicate such information to you via electronic mail. You further agree that we may monitor and record telephone calls regarding your account to assure the quality of our service. We may make telephone calls and send text messages manually or we may use automated telephone dialing systems, text messaging systems, and electronic mail to provide messages to you about payment due dates, missed payments, and other important information. The telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else, and may include pre-recorded messages. These messages may also be recorded by your answering machine. You promise that, unless you indicate otherwise, you own or customarily use the telephone numbers and email addresses that you give us. You also promise to notify us if you discontinue use of any telephone number or email address that you give us. You agree that we will not be liable to you for any calls, text messages, or electronic mail or other communications, even if information is communicated to an unintended recipient. You understand that, when you receive such calls, text messages, or electronic communications, you may incur a charge from the company that provides you with telecommunications, wireless, and/or Internet services. Your consent to receiving calls, text messages, and other electronic communications from us and our agents or assignees covers all formats of communication, including calls, text messages, and electronic mail, even if they result in a charge to you. You agree that we have no liability for such charges. You acknowledge that this consent forms part of a bargained-for exchange.
CREDIT REPORTING; IDENTITY THEFT. You understand that we may report information about your account to the credit bureaus and that late payments, missed payments, or other defaults on your account may be reflected in your credit report. You authorize us to make periodic inquiries about you from any credit reporting agency and to obtain a copy of your credit report while any balance of this loan is outstanding. If you believe that we have furnished any inaccurate information about your performance under this Note to a consumer reporting agency, or if you believe that you have been the victim of identity theft, write to us at Regional Finance Company of Oklahoma, LLC, 979 Batesville Road, Suite B, Greer, SC 29651. In your letter: (1) provide your name and the date of this Note; (2) identify the specific information that is being disputed; (3) explain the basis for the dispute; and (4) provide any supporting documentation you have that substantiates the basis of the dispute. If you believe that you have been the victim of identity theft, submit an identity theft affidavit or identity theft report.
BORROWERS COVERED BY THE MILITARY LENDING ACT. Notwithstanding any other provision of this Note, if you are a "covered borrower" under the Military Lending Act, as defined in 32 CFR § 231.3(g), the Arbitration Agreement included in this Note shall not apply to you. Furthermore, nothing in this Note shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act and regulations promulgated thereunder.
You, the undersigned Borrower(s), do hereby acknowledge that you were given the opportunity to review and keep a copy of this Promissory Note and Security Agreement, including the Arbitration Agreement. You acknowledge the receipt of the proceeds of the loan as stated above. You acknowledge that at the time you were presented with a copy of this Promissory Note and Security Agreement, including the Arbitration Agreement, such forms were complete and that all blanks in such forms were filled in prior to you executing the same. You understand that this Note will constitute the entire agreement between you and us. You acknowledge that this Note represents a legally binding contract with us.
CAUTION: THIS IS A LOAN. IT IS IMPORTANT THAT YOU THOROUGHLY READ THIS NOTE, INCLUDING THE ARBITRATION AGREEMENT, BEFORE YOU SIGN IT. THE TERMS AND CONDITIONS ON ALL PAGES OF THIS NOTE, INCLUDING THE ARBITRATION AGREEMENT, ARE PART OF THIS NOTE. READ THESE TERMS AND CONDITIONS BEFORE SIGNING BELOW.
WITNESS THE HANDS AND SEALS OF THE BORROWER(S) THE DATE ABOVE WRITTEN, EXECUTED IN THE PRESENCE OF:
[Signature] /s/ Anna Leimann
Witness
Witness
The individual signing below (the "Collateral Owner") has an ownership interest in the Collateral described in the Note and grants a security interest to Lender in the Collateral as security for the Note. The Collateral Owner is not a Borrower under the Note and is not personally liable for the loan. If the Collateral Owner does not wish to put his or her interest in the Collateral at risk, he or she should not sign the Note below.
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This document is subject to a security interest in favor of Wells Fargo Bank, National Association, as Agent.
EXHIBIT A
TO
PROMISSORY NOTE AND SECURITY AGREEMENT
Name and Address of Borrowers:
DONALD L GRIGGSBY
17 NAOMI LN APT 3 NEWCASTLE OK, 73065
Name and Address of Co-Borrower:
Date: 07/08/2024 Account Number: 202000901920 Prior Account Number (if any): 20200087291
This document is Exhibit A to the Promissory Note and Security Agreement (the “Note”), dated as of even date herewith, between Regional Finance Company of Oklahoma, LLC and the Borrower(s) identified above. This Exhibit A is incorporated into and made part of the Note. The words “you,” “your,” and “yours” refer to the Borrower(s). The words “we,” “us,” “our,” and “Lender” refer to Regional Finance Company of Oklahoma, LLC.
DESCRIPTION OF PROPERTY GIVEN AS SECURITY. To secure the Note, you grant us a security interest under the Uniform Commercial Code of Oklahoma in: (1) the property described in the table below; (2) anything that becomes attached to such property; and (3) in all proceeds of such property. You acknowledge that you are the sole owner of the property described below, that the property is fully paid for, free of any liens and encumbrances, and that it is located at the address(es) shown above. You will not permanently remove the property from the address(es) set forth above or otherwise dispose of the property without our written consent or until the Note is satisfied in full.
<table>
<tr>
<th rowspan="2">Quantity</th>
<th rowspan="2">Item and Description</th>
<th rowspan="2">Value</th>
<th rowspan="2">Quantity</th>
<th rowspan="2">Item and Description</th>
<th rowspan="2">Value</th>
</tr>
<tr></tr>
<tr><td>1</td><td>Fishing equipment: ROD AND REELS</td><td>$2,600.00</td><td></td><td></td><td>$</td></tr>
<tr><td>1</td><td>Riding Lawn Mower ZORO</td><td>$1,000.00</td><td></td><td></td><td>$</td></tr>
<tr><td>1</td><td>Television (Excess Of): VISIO 55*</td><td>$900.00</td><td></td><td></td><td>$</td></tr>
<tr><td>1</td><td>Television (Excess Of): 50" SAMSUNG</td><td>$700.00</td><td></td><td></td><td>$</td></tr>
<tr><td>1</td><td>Tablet Computer (Kindle / Nook / etc.): TABLET</td><td>$400.00</td><td></td><td></td><td>$</td></tr>
<tr><td>1</td><td>Drill press and bits: DAHLT</td><td>$400.00</td><td></td><td></td><td>$</td></tr>
<tr><td>2</td><td>Drill press and bits/MARITA $300 EACH</td><td>$600.00</td><td></td><td></td><td>$</td></tr>
<tr><td>1</td><td>Chain Saw: CRAFTSMAN</td><td>$350.00</td><td></td><td></td><td>$</td></tr>
<tr><td colspan="2"></td><td>$</td><td></td><td></td><td>$</td></tr>
<tr><td colspan="2"></td><td>$</td><td></td><td></td><td>$</td></tr>
</table>
TOTAL VALUE OF PROPERTY: The total value of the property listed above is $6,950.00.
EXCLUSIONS. In accordance with the Federal Trade Commission Credit Practices Rule, you understand that we will not accept, and we specifically exclude, a security interest in the following items, unless we have a purchase money security interest in them:
clothing; furniture; appliances; one radio and one television; linens; china; crockery; kitchenware; personal effects (including wedding rings); sewing machines; vacuum cleaners; telephones; telephone answering machines; fans; air conditioners; washers; dryers; refrigerators; freezers; floor polishers; patio furniture; family photographs; personal papers; family bibles; mirrors and clocks; and microwaves of the Borrower(s) and his/her/their dependents.
If any item that you purport to give as Collateral in the table above falls within this list of excluded items and we do not have a purchase money security interest in the item, then this preprinted exclusion will supersede the inclusion of the item typed or written in the table above, and we will not take a security interest in any such excluded item.
Witness
Witness
Borrower [SEAL]
Co-Borrower [SEAL]
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Payment History Report
Name: DONALD GRISBY
Address: 104 E PEACHTREE TER MUSTANG, OK 73064
Collateral: PP
Loan Type: LARGE LOAN
Legal Loan Type: OK A
Interest Method: 7S
Maturity Date: 07/08/2028
Late Fee Calculation: Greater of 5.00% of Unpaid Payment or $31.00
<table>
<tr>
<th>Transaction Date</th>
<th>Effective Date</th>
<th>Payment Method</th>
<th>User Reference</th>
<th>Transaction Type</th>
<th>Amount</th>
<th>Principal and Interest</th>
<th>Fees</th>
<th>Late Charges</th>
<th>Gross Balance</th>
</tr>
<tr>
<td>07/08/2024</td>
<td>07/08/2024</td>
<td>ACH - In Branch</td>
<td></td>
<td>Payment</td>
<td>($271.42)</td>
<td>($271.42)</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$12,756.74</td>
</tr>
<tr>
<td>09/08/2024</td>
<td>09/08/2024</td>
<td>ACH - In Branch</td>
<td></td>
<td>Payment</td>
<td>($271.42)</td>
<td>($271.42)</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$12,485.32</td>
</tr>
<tr>
<td>10/08/2024</td>
<td>10/08/2024</td>
<td>ACH - In Branch</td>
<td></td>
<td>Payment</td>
<td>($271.42)</td>
<td>($271.42)</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$12,213.90</td>
</tr>
<tr>
<td>11/08/2024</td>
<td>11/08/2024</td>
<td>ACH - In Branch</td>
<td></td>
<td>Payment (R)</td>
<td>($271.42)</td>
<td>$271.42</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$11,942.48</td>
</tr>
<tr>
<td>11/14/2024</td>
<td>11/08/2024</td>
<td>ACH - In Branch</td>
<td></td>
<td>Payment Reversal</td>
<td>$271.42</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$12,213.90</td>
</tr>
<tr>
<td>11/19/2024</td>
<td>11/18/2024</td>
<td></td>
<td></td>
<td>Late Fee</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$12,244.90</td>
</tr>
<tr>
<td>11/29/2024</td>
<td>11/29/2024</td>
<td>ACH - Phoned</td>
<td></td>
<td>Payment</td>
<td>($303.42)</td>
<td>($272.42)</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$11,941.48</td>
</tr>
<tr>
<td>12/08/2024</td>
<td>12/08/2024</td>
<td>ACH - In Branch</td>
<td></td>
<td>Payment (R)</td>
<td>($271.42)</td>
<td>$271.42</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$11,670.06</td>
</tr>
<tr>
<td>12/11/2024</td>
<td>12/08/2024</td>
<td>ACH - In Branch</td>
<td></td>
<td>Payment Reversal</td>
<td>$271.42</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$11,941.48</td>
</tr>
<tr>
<td>12/19/2024</td>
<td>12/18/2024</td>
<td></td>
<td></td>
<td>Late Fee</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$11,972.48</td>
</tr>
<tr>
<td>12/19/2024</td>
<td>12/19/2024</td>
<td>Card Payments - In Branch</td>
<td></td>
<td>Payment (R)</td>
<td>($271.42)</td>
<td>($240.42)</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$11,701.06</td>
</tr>
<tr>
<td>12/19/2024</td>
<td>12/19/2024</td>
<td>Card Payments - In Branch</td>
<td></td>
<td>Payment Reversal</td>
<td>$271.42</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$11,972.48</td>
</tr>
<tr>
<td>12/27/2024</td>
<td>12/27/2024</td>
<td>Card Payments - In Branch</td>
<td></td>
<td>Payment</td>
<td>($301.42)</td>
<td>($270.42)</td>
<td>($31.00)</td>
<td>$0.00</td>
<td>$11,671.06</td>
</tr>
<tr>
<td>01/19/2025</td>
<td>01/18/2025</td>
<td></td>
<td></td>
<td>Late Fee</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$11,702.06</td>
</tr>
<tr>
<td>01/24/2025</td>
<td>01/24/2025</td>
<td>Card Payments - Phoned</td>
<td></td>
<td>Payment</td>
<td>($302.42)</td>
<td>($31.00)</td>
<td>($31.00)</td>
<td>$0.00</td>
<td>$11,399.64</td>
</tr>
<tr>
<td>02/19/2025</td>
<td>02/18/2025</td>
<td></td>
<td></td>
<td>Late Fee</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$11,430.64</td>
</tr>
<tr>
<td>03/19/2025</td>
<td>03/18/2025</td>
<td></td>
<td></td>
<td>Late Fee</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$11,461.64</td>
</tr>
<tr>
<td>03/21/2025</td>
<td>03/21/2025</td>
<td>Deferral</td>
<td></td>
<td>Reverse Late Fee</td>
<td>($31.00)</td>
<td>($31.00)</td>
<td>($31.00)</td>
<td>$0.00</td>
<td>$11,399.64</td>
</tr>
<tr>
<td>03/21/2025</td>
<td>03/21/2025</td>
<td>Deferral</td>
<td></td>
<td>Reverse Late Fee</td>
<td>($31.00)</td>
<td>($31.00)</td>
<td>($31.00)</td>
<td>$0.00</td>
<td>$11,399.64</td>
</tr>
</table>
Loan Number: 202000901920
Original Finance Charge: $6,169.19
Original Interest Charge: $6,110.19
Total Of Payments: $13,028.16
Proceeds: $5,500.00
Renewal Payoff: $4,497.09
Insurance Premiums: $1,358.97
Other Fees: $59.00
Pre-Computed Interest: $6,110.19
Beginning Balance: $13,028.16
Life Ins Premium: $678.97
AH Ins Premium: $0.00
IUl Ins Premium: $0.00
PP Ins Premium: $780.00
VSI Ins Premium: $0.00
GAP Premium: $0.00
Auto Plus Premium: $0.00
Silver Safeguard Premium: $0.00
Home and Auto Premium: $0.00
Payment History Report
<table>
<tr>
<th>Transaction Date</th>
<th>Effective Date</th>
<th>Payment Method</th>
<th>User Reference</th>
<th>Transaction Type</th>
<th>Transaction Amount</th>
<th>Principal and Interest Fees</th>
<th>Late Charges</th>
<th>Gross Balance</th>
</tr>
<tr>
<td>03/21/2025</td>
<td>03/21/2025</td>
<td>ACH - In Branch</td>
<td></td>
<td>Payment (R)</td>
<td>($219.42)</td>
<td>$0.00</td>
<td>($62.00)</td>
<td>$11,128.22</td>
</tr>
<tr>
<td>03/21/2025</td>
<td>03/21/2025</td>
<td>ACH - In Branch</td>
<td></td>
<td>Deferment Payment Re-application</td>
<td>$271.42</td>
<td>$0.00</td>
<td>$62.00</td>
<td>$11,389.64</td>
</tr>
<tr>
<td>03/21/2025</td>
<td>03/21/2025</td>
<td>ACH - In Branch</td>
<td></td>
<td>Deferment Payment Re-application</td>
<td>($271.42)</td>
<td>$0.00</td>
<td>($271.42)</td>
<td>$11,128.22</td>
</tr>
<tr>
<td>03/21/2025</td>
<td>03/21/2025</td>
<td>ACH - In Branch</td>
<td></td>
<td>Deferment</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$11,128.22</td>
</tr>
<tr>
<td>05/05/2025</td>
<td>05/05/2025</td>
<td>ACH - In Branch</td>
<td></td>
<td>Payment</td>
<td>($271.42)</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$10,856.80</td>
</tr>
<tr>
<td>06/13/2025</td>
<td>06/13/2025</td>
<td>ACH - In Branch</td>
<td></td>
<td>Payment (R)</td>
<td>($271.42)</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$10,585.38</td>
</tr>
<tr>
<td>06/18/2025</td>
<td>06/13/2025</td>
<td>ACH - In Branch</td>
<td></td>
<td>Payment Reversal</td>
<td>$271.42</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$10,856.80</td>
</tr>
<tr>
<td>06/19/2025</td>
<td>06/18/2025</td>
<td>ACH - In Branch</td>
<td></td>
<td>Late Fee</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$10,887.80</td>
</tr>
<tr>
<td>07/01/2025</td>
<td>07/01/2025</td>
<td></td>
<td></td>
<td>Deferral</td>
<td>Reverse Late Fee ($31.00)</td>
<td>$0.00</td>
<td>($31.00)</td>
<td>$10,856.80</td>
</tr>
<tr>
<td>07/10/2025</td>
<td>07/10/2025</td>
<td>Check - In Branch</td>
<td>COMMUNITY BANK~RAE</td>
<td>Payment</td>
<td>($271.42)</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$10,856.80</td>
</tr>
<tr>
<td>08/19/2025</td>
<td>08/19/2025</td>
<td>Check - In Branch</td>
<td>COMMUNITY BANK~RAE</td>
<td>Late Fee</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$10,616.38</td>
</tr>
<tr>
<td>08/19/2025</td>
<td>08/19/2025</td>
<td>Check - In Branch</td>
<td>COMMUNITY BANK~RAE</td>
<td>Payment</td>
<td>($302.42)</td>
<td>$0.00</td>
<td>($31.00)</td>
<td>$10,313.96</td>
</tr>
<tr>
<td>09/19/2025</td>
<td>09/19/2025</td>
<td>Check - In Branch</td>
<td>COMMUNITY BANK~RAE</td>
<td>Late Fee</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$10,344.96</td>
</tr>
<tr>
<td>09/19/2025</td>
<td>09/19/2025</td>
<td>Check - In Branch</td>
<td>COMMUNITY BANK~RAE</td>
<td>Payment</td>
<td>($302.42)</td>
<td>$0.00</td>
<td>($31.00)</td>
<td>$10,042.54</td>
</tr>
<tr>
<td>10/19/2025</td>
<td>10/18/2025</td>
<td></td>
<td></td>
<td>Late Fee</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$10,073.54</td>
</tr>
<tr>
<td>11/05/2025</td>
<td>11/05/2025</td>
<td>Check - Mailed</td>
<td>COMMUNITY BANK~RAE</td>
<td>Payment (R)</td>
<td>($302.42)</td>
<td>$0.00</td>
<td>($31.00)</td>
<td>$9,771.12</td>
</tr>
<tr>
<td>11/18/2025</td>
<td>11/05/2025</td>
<td>Check - Mailed</td>
<td>NSF CHECK#1808</td>
<td>Payment Reversal</td>
<td>($271.42)</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$10,073.54</td>
</tr>
<tr>
<td></td>
<td>11/18/2025</td>
<td></td>
<td>NSF CHECK#1808 11/17/2025</td>
<td>NSF Fee</td>
<td>$25.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$10,098.54</td>
</tr>
<tr>
<td>11/18/2025</td>
<td>11/18/2025</td>
<td></td>
<td></td>
<td>Late Fee</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$10,129.54</td>
</tr>
<tr>
<td>12/19/2025</td>
<td>12/18/2025</td>
<td></td>
<td></td>
<td>Late Fee</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$10,160.54</td>
</tr>
<tr>
<td>01/18/2026</td>
<td>01/18/2026</td>
<td></td>
<td></td>
<td>Late Fee</td>
<td>$31.00</td>
<td>$0.00</td>
<td>$31.00</td>
<td>$10,191.54</td>
</tr>
</table>