Preview
CAUSE NO.
DEERE & COMPANY INTHE COUNTY COURT
Plaintiff
AT LAWNO. OF
MATTHEW AARON KOTIS
Defendant MONTGOMERY COUNTY, TEXAS
S ORIGINAL PETITIONAND APPLICATION FOR
ISSUANCE OF WRIT OF SEQUESTRATION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Deere & Company complaining of Matthew A aron Kotis and for cause of
action respectfully the court the following:
Disoovery Level
Plaintiff intends to conduct discovery under Level 2 and affirmatively pleads that
this suit is not governed by the expedited actions process in TRCP 169 because it seeks additional
monetary relief. Plaintiff seeks monetary relief of $250,000.00 or less, excluding interest,
statutory or punitive damages and penalties, and attorney's fees and costs and non monetary relief.
Parties
Plaintiff Deere & Compan (“Deere”) is a foreign corporation doing business in
Montgomery County, Texas.
Defendant Matthew Aaron Kotis or “Defendant”) n individual residing
Montgomery Cou Texas and may be served with process by serving him at 28411 Dobbin
Huffsmith Rd. agnolia TX wherever he may be found.
Jurisdiction
and Vee
This court has jurisdiction because the parties are conductin business in the State
Texas and it is a suit for money damages, which, excluding interest and attorney fees, are
within this court s jurisdictional limits
Defendant resides Montgomery County Accordingly, pursuant to the Texas
Civil Practice and Remedies Code, venue is proper in Montgomery County, Texas.
Fads
On or about December 16, 2022 Defendant entered into a Retail Installment
Contract Security Agreement ( “Contract”) with Brookside Equipment Sales, Inc, which was
assigned to Deere per the terms of the Contract and pursuant to which Defendant financed in
John Deere XUV835R Gator HVAC Signature Edition, s/n 1M0835RDCNM050469 (the
“Collateral’”). true and correct copy of the Contract is attached hereto as Exhibit “A” and is
incorporated herein for all purposes. The Contract granted Deere a purchase money security
interest in the ollateral and any proceeds thereto Deere’s lien was perfected by Deere being
listed as lienholder on the title to the Collateral cop of which attached hereto as Exhibit “B”
and incorporated herein for all purposes
The Contract required Defendant make annual payment and tumover the
Collateral in the event of a default. Defendant failed to make any payment and refuse to
tum over the Collateral despite default and demand All amounts due under the Contrac have
been accelerated. The accelerated balance due on the Contract is $41,311.84 Despite numerous
demands, Defendant failed and refused and continue to fail and refuse to make payments due
under the Contract and/or surrender the Collateral to Deere. Such actions by Defendant constitute
defaults under the terms of the Contract.
Breach
of Contract
Paragraphs 2 are incorporated herein as though repeated in full.
Defendant breached the Contract by failing to make payment due under
the Contrac nd failing to surrender the Collateral upon default as required by the Contract Such
violations constitute defaults under the Contract that have caused damages to Deere in the amount
, which is the total amount due under the Contract and an amount w within
jurisdictional limits of this Court. Deere has sent notice of the defaults and notice of
acceleration of all amounts due to Defendant See Exhibit “ ” attached hereto and incorporated
for all purposes.
Judicial Foreclosure
Paragraphs 2 are incorporated herein as though repeated in full.
Deere has a perfected purchase security interest in Collateral pursuant
terms of the Contract and being listed as lienholder on the title. Defendant defaulted on
Contract by failing to make any payment and refusing to surrender the Collateral after demand.
Deere is entitled to possession of the Collateral and to foreclosure of its security interest per the
Contract
Conditions Precedent
All conditions precedent to Plaintiff recovery been performed or has
otherwise occurred.
Application
for Writ of Sequestration
The property de the subject of this writ is in John Deere XUV835R Gator
HVAC Signature Edition, s/n 1M0835RDCNM050469 (the “Collateral” Defendant granted
Deere a purchase money security interest in the Collateral by virtue of the Contract attached hereto
perfected by Deere being listed as lienholder on the title to the Collateral
Demand has been made Defendant for possession of the Collateral
numerous occasions but has been refused. Defendant refuses to give the location of the Collateral
to Deere and is intentionally hiding the equipment therefor hindering Deere’s recovery of said
Collateral. Upon information and believe, the Collateral remains in Defendant’s possession at
28411 Dobbin Huffsmith Rd., Magnolia, TX 77354.
15. Based upon the facts stated herein and the supporting affidavit, it is reasonable to
conclude that there is immediate danger that Defendant will continue to and further conceal,
dispose of, waste or destroy the Collateral.
16. Deere is entitled to writ of sequestration pursuant to Texas Civil Practice and
Remedies Code § 62.001 in that:
a. Deere has a valid and existing purchase-money security interest in the
Collateral by virtue of the Contract.
The debt due and owing to Deere has not been paid nor otherwise
discharged by Defendant and Deere is entitled to possession of the
Collateral and foreclosure of its security interest, and;
It is likely that Defendant will conceal, dispose of, waste, transfer, or
otherwise dispose of the Collateral prior to the completion of this lawsuit.
20. This application is supported by the Unsworm Declaration of David Negrete,
Litigation A dministrator for Deere, filed in support hereof.
Attomey’s Fees— Notice
21. Demand for payment having been made without success forced Deere to hire the
Law Offices of T. H. Kelley, P.C. in order to prosecute its claim against Defendant herein. See
demand letter attached hereto as Exhibit ‘C’. Pursuant to the Contracts and the Texas Civil
Practice and Remedies Code, Chapter 38, Deere is entitled to recover its reasonable and necessary
attorney’s fees from Defendant.
Prayer
WHEREFORE, PREMISES CONSIDERED, Plaintiff Deere & Company pray that a writ
of sequestration issue, ex parte, directing the officer who executes the writ to forthwith take the
Collateral into his possession and keep same subject to further order of this Court; the Court fix
4.
the amount of bond for sequestration and replevy; that Defendant be cited to appear and answer
herein; and that judgment be entered against said Defendant for actual damage in excess of the
minimum jurisdictional limits of the Court, for possession and foreclosure of its security interest
in the equipment, reasonable and necessary attorney’s fees, costs of court, prejudgment interest,
post judgment interest, and for such other and further relief to which it may show itself justly
entitled.
Respectfully Submitted,
LAW OFFICES OF T.H. KELLEY, P.C.
By:__/s/ Teri H. Kelley
Teri H. Kelley
Bar No. 10176900
6750 West Loop South, Suite 920
Bellaire, TX 77401
Telephone No.: (832) 485-3515
Facsimile No.: (832) 485-3517
tk@thkelleylaw.com
ATTORNEY FOR PLAINTIFF
5H
DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY
The Authoritative Copy of this record is held at na2.docusign.ne'
Application 10: 13806679
Version Number: 4
JOHN DEERE FIXED RATE CONTRACT
FINANCIAL AG/C&CE Business or Commercial Use
RETAIL INSTALLMENT CONTRACT - SECURITY AGREEMENT
Contract Begin Date : 12/16/2022
SELLER'S NAME AND ADDRESS
BROOKSIDE EQUIPMENT SALES, INC. DEALER NUMBER PHONE NUMBER
19003 1-45 NORTH
‘SPRING, TX 77388 0204
BORROWER'S NAME AND PHYSICAL ADDRESS
MATTHEW AARON KOTIS BORROWER'S BORROWER'S. TYPE OF
6610 WOODLAND OAKS SOC_SEC_NUMBER PHONE NO. BUSINESS
MAGNOLIA, TX 77354-6836
BORROWER RESIDES IN (County/State) BORROWER AGREES TO KEEP GOODS IN (Gounty/State)
MONTGOMERY, MONTGOMERY, TX
1. Parties. This Retail Installment Contract ("Contract") is entered into between Seller ("we' nm us" or "our") dd the Buyer(S)indinated
above ("you" or "your"). If more than one buyer is indicated, each buyer shall be jointly and severally liable for all of the obligations
under this Contract.
2. Loan. Having been quoted both a cash sale price and a time sale price for the equipfhent and/or services described below (the
“Equipment"), you have elected to purchase the Equipment from us for that time sale price under the terms set forth in this Contract. All
attachments and accessories itemized on this Contract and all replacements, parts and repairs to fhe Equipment shall form part of the
Equipment.
3. Installment Payments. In addition to any down payment, you agree to pay us the Amount Rinanced, together with finance charges
from the Date Finance Charge Begins, at the Annual Percenlage Rate, by remiiting each of the Installment Payments on or before the
due dates indicated. Any amounts applied to this Contract will be applied first to ary late charges, any charges for dishonored checks
and any other fees or costs due under this agreefetthen ta finance charges, computed on the date the payment is received and the
remainder to the Amount Financed. You agrge'that your payments will be applied as of the date of receipt if received by 11:00 a.m.
Central Time Monday through Friday,(6therwise (jext business day); but if payment is not accompanied by the payment stub, is not in
the envelope we provided, includes olljer items such as other checks, staples or paper clips, or is not received at that location, credit
may be delayed up to fivedayseThe Total of Payments, the amount of the final Installment Payment and/or the number of Installment
Payments may be adjusted in accordance with the provisions of Section 4 below. This Contract is not accepted by us until we sign it,
even if you have mad@ a payment te Us. You agree to remit to us the Installment Payments and all other amounts when due and
payable each Billing Period, even if we do nal’send you a bill or an invoice. YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE AND
UNCONDITIONAL, AND ARE NOT,/SUBJECT TO CANCELLATION, REDUCTION OR SETOFF FOR ANY REASON
WHATSOEVER. For any Seheduled payment which is not received by its due date, you agree to pay us interest on the unpaid amount
ata rale of 20% per@pnum on that scheduled payment, but in no event more than the maximum lawful rate, from the due date until
paid. However, if the Seller's place of business is in Minnesota, the late charge will be the greater of 5% of the past due amount or
$8.84 if Nebgeceived within 10 days of its due date or if the Seller's place of business is in West Virginia and the Amount Financed is
$45,000 or less the late charge will be the lesser of 5% of the past due amount and $30.00 if not received within 10 days of its due
date. Restrictive endorsements on checks you send to us will not change or reduce your obligations to us. We will not jose any rights if
we accept late or partial payments or delay enforcing our rights under this Contract. If a check or electronic payment authorization you
give us is dishonored upon first presentment, you agree to pay us a fee of $25.00, or the maximum amount permitted by law,
whichever is less. No such fee will be due if the Seller's place of business is in Minnesota or North Dakota, or if the Seller's place of
business is in West Virginia and the Amount Financed is $45,000 or less. Also, if the Seller's place of business is in California, you
agree to pay us a fee of $35.00 for each subsequent check passed on insufficient funds, or the maximum amount permitted by law,
whichever is less. Installment Payments and other payments, including proceeds of insurance or any sale of the Equipment, may be
applied, at our discretion and in spite of any instructions you may provide, to any obligation you may have to us or any assignee of this
Contract or any affiliate of that assignee. If the total of all payments made by you exceeds the total of all amounts due under this
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural
DOCc8002 12/16/2022 04:49 P Application 10: 13806679 Version Number: 1 Page 1 of 7
Revision Date: 20 September 2020
DOM IACI AA E
DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY
The Authoritative Copy of this record is held at na2.docusign.net
Contract by less than $25.00, we may retain such excess. However, if the Seller's place of business is in Minnesota, we will not retain
more than $1.00.
‘QUIPMENT PURCHASE!
aty NEW? MANUFACTURER EQUIPMENT DESCRIPTION AMOUNT
USED
NEW JOHN DEERE GATOR XUV835R HVAC Signature Edition (Model Year 2022) $40,085.00
PRODUCT ID NO. ‘1Mo835RDCNM050469
TRADE-IN and CASH DOWN PAYMENT
ary MFR. MODEL DESCRIPTION OF TRADE-IN (From Purchase Order) PRODUCTID NO. AMOUNT
TOTAL TRADE-IN: $0.00
CASH DOWN PAYMENT: $0,00
RENTAL APPLIED: $0.00
TOTAL TRADE-IN PLUS
CASH DOWN: $0.00
INSTALLMENT PAYMENTS ‘The amounts shown below as Finance Charge, Total of Payments and Total Sale Prics are estimates
DATE FINANCE CHARGE BEGINS: December 16, 2022 tbased upon the assumption that payments will be made on the schedillbiflayment dug date
‘according to the installment schedule. The actual Finance Charge, Tola) of Eayments, aid Total Sae
The first Installment Payment Due Date is December 16, 2023 and each Price may vary depending upon the early or late payment.of scheduled Wstallmetis.
successive Installment Payment is due on the same day of the Year thereafter,
(the "Billing Perio"), unless otherwise provided below; TTEMIZATION OF AMOUNT FINANCED,
SALES TAX (Paid to Govt. Agencies) $0.00
NUMBER OF "AMOUNT OF EACH DUE DATE
PAYMENTS. PAYMENT [CASH PRICE (Including Tax) $40,085.00
3 $13,614.00 December 16, 2023 TOTAL DOWN PAYMENT (Suijjof Tradelljpalmean Down Payment) $0.00
UNPAID BALANCE OF BASH PRICE $40,085.00
(The amount credited tq your accounfiyith us)
INSURANEE (Physical Damage Paidialinsurancsbempanies) 4 $397.00
ORIGINATION SEES 4A $350.00
OFFICIAL FEES (Felmjjo Pliblic Officials) $10.00
TEXAS HEAVY EQUIPMENT TAX $0.00
[AMOUNT FINANCED (Lines 3, 4, 4A, 5 & 5A (if Applicable) ) $40,842.00
The amount of credit provided to you.
FINANCE CHARGE (Based on Line 6)
The dollar amount the credit will cost you. $0.00
TOTAL OF PAYMENTS (Lines 6 & 7) The amounl you wil have paid
after you have made all payments as scheduled, $40,842.00
ANNUAL PERCENTAGE RATE 0.00%
(The cost of your credit as a yearly rate)
TOTAL SALE PRIGE (Lines 1.4, 4A, 5, 5A (IFApplicable), & 7)
The total price of your purchase on credit, including the Total Down $40,842.00
[Payment of $0.00.
4, Prepayment. You may prepay your obligations under this Contract in full at any time by paying the unpaid principal balance
and aljy,earned and unpaid finance charges. The unpaid principal balance includes any origination fee. If applicable law
requires Us to refund any of the origination fee upon prepayment, you agree that we may retain an amount equal to that amount
as a prepayment penalty.
5, Security Interest; Missing Information. You grant us, and any assignee of this Contract or any affiliate of that assignee, a security
interest in the Equipment (and all proceeds thereof) to secure all of your obligations under this Contract and any other obligations
which you may have to us or any assignee of this Contract of any affiliates of that assignee, at any time and you agree that any
security interest you have granted or hereafter grant to us or any assignee of this Contract or any affiliate of that assignee shall also
secure your obligations under this Contract, however, if the contract was signed in Oregon and the equipment includes a trailer, you do
not grant us a security interest in that trailer. You agree that any assignee of this Contract may act as agent for its affiliates and its
affiliates may act as agent for that assignee, in order to perfect and realize on any security interest described above. Upon receipt of all
amounts due and to become due under this Contract, we will release our security interest in the Equipment (but not the security
interest for amounts due an affiliate of an assignee), provided no event of default has occurred and is continuing. You agree to keep
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural
DOCc8002 12/16/2022 04:49 P Application 10: 13806679 Version Number: 1 Page 2 of 7
Revision Date: 20 September 2020
HOI UCC
DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY
The Authoritative Copy of this record is held at na2.docusign.ne'
the Equipment free and clear of all liens and encumbrances, except those in favor of us, any assignee of this Contract and its affiliates
as described above, and to promptly notify us if a lien or encumbrance is placed or threatened against the Equipment. You irrevocably
authorize us, at any time, to (a) insert or correct information on this Contract, including your correct legal name, serial numbers and
Equipment descriptions; (b) submit notices and proofs of loss for any required insurance; (c) endorse your name on remittances for
insurance and Equipment sale or lease proceeds; and (d) file a financing statement(s) which describes either the Equipment or all
equipment currently or in the future financed by us. Notwithstanding any other election you may make, you agree that (1) we can
access any information regarding the location, maintenance, operation and condition of the Equipment; (2) you irrevocably authorize
anyone in possession of that information to provide all of that information to us upon our request; (3) you will not disable or otherwise
interfere with any information gathering or transmission device within or attached to the Equipment; and (4) we may reactivate any
such device.
6, Equipment Maintenance, Operation and Use. You agree to (a) USE THE EQUIPMENT ONLY FOR AGRICULTURAL,
BUSINESS OR COMMERCIAL PURPOSES AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES; (b) operate and
maintain the Equipment in accordance with all (1) applicable laws, ordinances and regulations, (2) manuals and other instructions
issued by the manufacturer(s) and supplier(s), including any warranty coverage requirements and (3) insurance policy terms and
requirements; (c) keep the Equipment in as good a condition as when delivered to you, reasonable wear excepted, including
performing (at your own expense) all necessary maintenance and repairs; (d) allow us and our agent(s) to inspect the Equipment and
all of your records related to its use, maintenance and repair, at any reasonable time; and (e) not permit the Equipment to be used by,
or to be in the possession of, anyone other than you or your employees.
7.Insurance. You agree, at your cost, to maintain all-risk insurance coverage with respect to the Equipment for n@ jess than ils full
replacement value, naming us (and our successor and assigns) as sole loss payee. You may chooseiwho pfavides that insurafice, but
that insurance must be with an insurer that is authorized to do business in your state or an eligible Surplus linés insurer and policies
acceptable to us. Your obligation to insure the Equipment continues until all your other obligailons under this Contfact are satisfied.
Each insurance policy must provide that (1) our interest in the policy will not be invalidated by any acty omission, breach or neglect of
anyone other than us; (2) the insurer will give us at least 30 days' prior written notiée befate any abncellation of, non-renewal of, or
material change to, the policy; and (3) such coverage shall be primary over any ins\irance purchased by us\(6r our affiliates).
Unless you provide us with evidence of the required insurance coverages) we may, but are Nat required to, purchase insurance, at
your expense, to protect our interests in the Equipment and charge you an ifjsurance fee on Which we may make a profit. This
insurance may not (1) protect your interests; or (2) pay any claim that you make or any claim that is made against you in connection
with the Equipment. You may later cancel any insurance purchased by us, but only after providing us with evidence that you have
obtained the insurance required by this Contract. THECOST OF THE INSURANCE MAY BE MORE THAN THE COST OF THE
INSURANCE YOU MAY BE ABLE TO OBTAIMhON YOUR OWN. THE COVERAGES OF THAT INSURANCE MAY BE DIFFERENT
FROM THE COVERAGES OF INSURANCE YOU)MAY BE ABLE TO OBTAIN ON YOUR OWN. You agree to pay us the cost of any
insurance plus a $150 insurance placement and service fee. You, will immediately pay that amount to us or we may, at our sole
discretion, add that cost.taiftié Aecount Balafice and increase the required Installment Payments accordingly.
If a default occurs, youl authorize US to catiéel the insurance on the Equipment and apply any returned premiums to the Account
Balance.
If the cost of the insurariee was incldied in the Amount Financed, that insurance will terminate (a) if your debt to us is discharged, (b) if
we release our security intet@atiin the Equipment, (c) if a default occurs and we cancel the insurance, (d) if the Equipment is
repossessed, (e) if the Floater Policy under which you purchased that insurance terminates, or (f) on the due date of the final
scheduled Installment Payment.
8. Loss or Damage. Until all of your obligations under this Contract are satisfied, you are responsible for all risk of loss and damage,
los ISS,S theft, destruction or seizure of the Equipment (an "Event of Loss"). You must promptly notify us of any Event of Loss. If the
Equipment can be repaired or replaced, you agree to promptly repair or replace the Equipment, at your cost, and the terms of this
Contract will continue to apply. If the Equipment cannot be repaired or replaced, you agree to immediately pay us the Account
Balance. Upon receipt of the Account Balance, we will release our security interest in the Equipment. All insurance proceeds must be
paid directly to us, and we may apply any excess insurance proceeds to any other amounts you owe us or any assignee of this
Contract or any affiliate of that assignee.
9. Default. We may determine you to be in default if: (a) you fail to remit to us any Installment Payment or other payment when due;
(b) you breach any other provision of this Contract; (c) you remove any Equipment from the United States; (d) a petition is filed by or
against you or any guarantor under any bankruptcy, attachment, execution or insolvency law or you or any such guarantor make an
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural
DOCc8002 12/16/2022 04:49 P Application 10: 13806679 Version Number: 1 Page 3 of 7
Revision Date: 20 September 2020
DOM FACIO UMA
DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY
The Authoritative Copy of this record is held at na2.docusign.ne'
assignment for the benefit of creditors; (e) a default occurs under any other agreement between you (or any of your affiliates) and us
(or any assignee of this Contract or any affiliate of that assignee); (f) you or any guarantor merges with or consolidates into another
entity, sells substantially all its assets, dissolves or terminates its existence, or (if an individual) dies or becomes incompetent; (g) you
fail to maintain the insurance required by this Contract; or (h) if for any reason, we deem the debt or the Equipment to be insecure.
Time is of the essence under this Contract.
10. Remedies. If we determine that you are in default, we may do one or more of the following: (a) recover from you, AS
LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY, the Account Balance as of the date of such default,
without presentment or demand or notice of intent to declare all of that indebtedness immediately due and payable (b)declare any
other agreements between you and us in default; (c) terminate any of your rights (but none of your obligations) under this Contract and
any other agreement between you and us (or any assignee of this Contract or any affiliate of that assignee); (d) require you to deliver
the Equipment to us in the manner outlined below, or take possession of the Equipment; (e) lease or sell the Equipment or any portion
thereof at a public or private sale; (f) apply the net proceeds we receive from any sale, lease or other disposition of the Equipment
(after deducting all of our costs and expenses) to your obligations under this Contract, with you remaining liable for any deficiency; (g)
require you to reimburse and indemnify us for all losses, claims, damages and expenses of any kind or nature whatsoever incurred in
connection with the Equipment or this Contract and/or the enforcement of our remedies hereunder including, without limitation,
repossession, repair and collection costs, damage awards, attorneys’ fees and court and bankruptcy fees and costs; (h) exercise any
other remedy available at law or in equity; and (i) take on your behalf (at your expense) any action required by this Contract Which you
fail to take. These remedies are cumulative, are in addition to any other remedies provided for by law, and may be’@xercised
concurrently or separately. Any failure or delay by us to exercise any right shall not operate as a waiver of any other right or future
right. In no event will the costs and expenses referred to in this section be more than those allowed by.Jaw. |f.we delerminethat you
are in default, all Equipment must be delivered to the place designated by us, at your expense and{n Satisfactary condition, along with
all use, maintenance and repair records. Equipment is in satisfactory condition if it is in as gogid-a condition as When the Equipment
was delivered to you, reasonable wear excepted, as determined by us in our sole discretion
411. Assignment. You will not assign, pledge or otherwise transfer any of your righifs or lgterests {fj this Contract or any Equipment
without our prior written consent. Any assignment without our consent will be void, We may assign,this Cogfract or our interest in the
Equipment at any time without notice to you and without your consents/We may provide information about you to any prospective
assignee or participant. You agree not to assert against our assignee any Glaims, offsets or defenses which you may have against us.
12. Representations and Warranties. You represent, warrant and covenant tus S90 long as this Contract is in effect, that: (a) you
will not change your name without giving us at least 30 days’ prior written notice; (&)each document you sign and deliver to us is duly
authorized, executed and delivered by you, and is youlpyalid, legal and binding agreement, enforceable in accordance with its terms;
(c) the execution, delivery and performangs!by You of this Gontract does not (and will not) violate any applicable law or breach any
order of court or other governmentalagency, or of any undertaking you are a party to or by which you or any of your properties are
bound; (d) you will comply with all appligable laws, ordinances ad regulations; (e) upon execution of this Contract, we shall have good
and marketable title to anyilf@E+in equipmefil free and clear of all liens and encumbrances whatsoever, (f) all information you have
given to us is true, acelirate and complete; (g) since the date of the most recent financial information given to us, no material adverse
change in your businéss, assets, or pfospecis has occurred; (h) you will promptly deliver to us such financial statements, reports and
other informiatian.as we may request} (j) the Equipment was selected by you; (j) the Equipment (including all manufacturer manuals
and insfructions) has beén delivered 10, and examined by, you; (k) the safe operation and the proper servicing of the Equipment were
explalfied to you; (I) you reeeivedthe written warranty applicable to the Equipment and understand that your rights under the written
warranty may be limited; (m) the Equipment is unconditionally and irrevocably accepted by you as being suitable for its intended use;
(n) the Equipment is jp good condition and repair (operating and otherwise); (0) the Equipment shall be used only for the purpose
indicated hereinewill remain in your possession and will not be sold, rented or leased; and (p) you will pay all taxes assessed on the
Equipment.
Unless you are an individual, you also represent, warrant and covenant to us that: (a) you are and will remain duly organized, validly
existing and in good standing under the laws of your jurisdiction of organization; (b) you are qualified to do business under the laws of
all other jurisdictions where qualification is required or advisable; (c) you will not change your jurisdiction of organization or
organization type without at least 30 days' prior written notice to us; and (d) the execution, delivery and performance by you of this
Contract will not breach any provision of your organizational documents.
If you are an individual, you agree not to move your residence to a different county or state without at least 30 days' prior written notice
to us.
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural
DOCc8002 12/16/2022 04:49 P Application 1D: 13806679 Version Number: 1 Page 4 of 7
Revision Date: 20 September 2020
DOM IMCIO UOC
DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY
The Authoritative Copy of this record is held at na2.docusign.ne'
13. Governing Law; Jurisdiction; Venue. THIS CONTRACT WILL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE STATE OF THE SELLER'S PLACE OF BUSINESS, WHERE THIS CONTRACT IS ACCEPTED AND
ENTERED INTO, except for its conflict of laws provisions. It is further expressly agreed that finance and origination charges will not be
charged in excess of the highest rate specified in the laws of that state and that future adjustments will be made to avoid the payment
of interest in excess of such limits.
You irrevocably submit to the non-exclusive jurisdiction and venue of federal and state courts located in Des Moines, lowa and will not
claim it is an inconvenient forum for legal action. YOU AND WE IRREVOCABLY WAIVE ANY RIGHT YOU AND WE MAY HAVE TO
A JURY TRIAL.
14. Miscellaneous. WE HAVE NOT MADE, AND DO NOT MAKE, ANY REPRESENTATION OR WARRANTY, EXPRESS OR
IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABLLITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR
OTHERWISE. WE ARE NOT LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES. You agree not to withhold any amount
you owe us if you believe you have a claim against us, or any manufacturer(s) of the Equipment, but to pursue that claim
independently. Any claim you have against us must be made within two years after the event that caused it. All notices must be in
writing and will be deemed given 5 days after mailing to the intended recipient at its address indicated above, unless changed by a
notice given in accordance with this Section. This Contract supersedes and replaces all prior understandings and communications
(oral or written) concerning the subject matter thereof. No part of this Contract can be amended, waived or terminated excephby a
writing signed by both you and us. This Contract may be signed in separate counterparts that, together, will constiiut@one document.
A paper or facsimile transmission copy of your signature or an electronic signature shall constitute an original signalure Under:
applicable law for all purposes. If a court finds any part of this Contract to be invalid or unenforceable the remainder of this Contract
will remain in effect. You permit us, and those third parties who provide services to us, to moniter and record telephone conversations
between you and us. You agree that by providing us any telephone number, including a mobilé phone number, weahy debt collector
we retain, and those third parties who provide services to us, can contact you using thal pumber, ingliiding calls using an automatic
dialing and announcing device and prerecorded calls. All of our rights shall remait} \n effaet after the expiration,or termination of this
Contract.
You and we intend to comply with all applicable laws. In no event will we Gharge or collect any amounts in excess of those allowed by
applicable law. In the event any amount in excess of that allowed by law is cHapged or recovered, any such charge will be deemed
limited by the amount legally allowed and any amount received by us in excess of thal legally allowed will be applied by us to the
payment of amounts legally allowed under this Contact, or refunded to you.
PHYSICAL DAMAGE INSURANGE REQUIRED: If you elect Physical Damage Insurance below, such insurance
does not include liability insurance coverage for bodly injury or property damage caused to others.
TERM IN MONTHS TOTAL PREMIUM
INSURANCE DISCLOSURES: You may obidln profieity insurance from any agent that is acceptable to us.
Physical Damage Insurangé will not be provides unless you sign below for the premium amount indicated. 36 $397.00
By signing/below, Jou want/Physical Damage Insurance and agree to pay the premium. (Sign in this box)
Docasioneaby
[: WATTren AMRON kotis
MATTHEW AARON KOTIS
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural
DOCc8002 12/16/2022 04:49 P Application 10: 13806679 Version Number: 1 Page 5 of 7
Revision Date: 20 September 2020
DOM INCIOU UTE
DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY
The Authoritative Copy of this record is held at na2.docusign.net
Electronic Contract. You agree that this Contract is an electronic record executed by you using your electronic signature.
You acknowledge and agree that, by executing this Contract with your electronic signature, you are signifying your intent to
enter into this Contract and that this Contract be legally valid and enforceable in accordance with its terms to the same extent
as if you had executed this Contract using your written signature. You agree that unless the authoritative electronic copy of this
Contract ("Authoritative Copy") is converted to paper and marked as the original by us (the "Paper Contract"), the Authoritative
Copy shall at all times reside in a document management system designated by us for the storage of authoritative copies of
electronic records (the "DMS"), and shall be deemed held in the ordinary course of business. In the event the Authoritative
Copy is converted to a Paper Contract, you acknowledge and agree that (1) your signing of this Contract also constitutes
issuance and delivery of such Paper Contract, (2) your electronic signature associated with this Contract, when affixed to the
Paper Contract, constitutes your legally valid and binding signature on the Paper Contract, and (3) your obligations will be
evidenced by the Paper Contract alone after such conversion. Without limiting the foregoing, all terms and conditions of any
Electronic Signature Agreement by and between you and Deere Credit Services, Inc., d/b/a John Deere Financial ("DCSI”), on
behalf of itself and all affiliates of DCSI (“Electronic Signature Agreement”), including, without limitation, those terms and
conditions relating to the “Electronic Signature” of an “Authorized Representative” on a “Contract” (as such terms are defined in
the Electronic Signature Agreement) apply to this Contract.
THE TERMS OF THIS CONTRACT SHOULD BE READ CAREFULLY BEFORE SIGNING BECAUSE ONLY THESE
WRITTEN TERMS ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES MAY BE LEGALLY
ENFORCED. BY SIGNING THIS CONTRACT, YOU AGREE TO THE TERMS ON ALL PAGES. THIS CONTRACT IS
THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US, EXCEPT AS WE
MAY LATER AGREE IN WRITING TO MODIFY IT.
This written loan agreement represents the final agreement between the parties and may,not be contradicted by
evidence of prior, contemporaneous, or subsequent oral agreements of the parties.
There are no unwritten oral agreements between the parties.
—ecusigned ty
x MAP THEW AARON LOTS
12/16/2022
(Date Signed) MATTHEW AARON KOTIS
SELLER’S SIGNATURE
BROOKSIDE EQUIPMENTSSALES INC.
(Geller’s Name)
(ees ov
12/16/2022 By:( anDeel eaetnup
(Date Agreement Signed) ANDREW HARTNUP
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural
DOCc8002 12/16/2022 04:49 P Application 10: 13806679 Version Number: 1 Page 6 of 7
Revision Date: 20 September 2020
MUI OU
DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY
The Authoritative Copy of this record is held at na2.docusign.ne
If this contract is assigned to John Deere, the following form of assignment will be used.
ASSIGNMENT. For value received, Seller hereby sells, assigns and otherwise transfers to Deere & Company (“Deere”), its successors
and assigns, under the terms and conditions of the applicable Finance Agreement now in effect between Seller and Deere, all of Seller's
right, title and interest in and to (1) this Retail Installment Contact, (2) all rights and remedies hereunder, (3) all Installment Payments and
other amounts due and to become due hereunder, (4) all insurance proceeds and other proceeds, and (5) all Equipment subject hereto.
This instrument is not an assignment of any Seller's obligations to the buyer of the Equipment. Seller authorizes Deere, its successors or
assigns, to do every act or thing necessary to collect and discharge the same.
BROOKSIDE EQUIPMENT SALES, INC.
(Dealer)
Doeusign by
Signed by:| AMEEW KARTMUP
12/16/2022 1B OnAzT2EACH
(Date) ANDREW HARTNUP
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural
DOCc8002 12/16/2022 04:
Preview
CAUSE NO. DEERE & COMPANY INTHE COUNTY COURT Plaintiff AT LAWNO. OF MATTHEW AARON KOTIS Defendant MONTGOMERY COUNTY, TEXAS S ORIGINAL PETITIONAND APPLICATION FOR ISSUANCE OF WRIT OF SEQUESTRATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Deere & Company complaining of Matthew A aron Kotis and for cause of action respectfully the court the following: Disoovery Level Plaintiff intends to conduct discovery under Level 2 and affirmatively pleads that this suit is not governed by the expedited actions process in TRCP 169 because it seeks additional monetary relief. Plaintiff seeks monetary relief of $250,000.00 or less, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs and non monetary relief. Parties Plaintiff Deere & Compan (“Deere”) is a foreign corporation doing business in Montgomery County, Texas. Defendant Matthew Aaron Kotis or “Defendant”) n individual residing Montgomery Cou Texas and may be served with process by serving him at 28411 Dobbin Huffsmith Rd. agnolia TX wherever he may be found. Jurisdiction and Vee This court has jurisdiction because the parties are conductin business in the State Texas and it is a suit for money damages, which, excluding interest and attorney fees, are within this court s jurisdictional limits Defendant resides Montgomery County Accordingly, pursuant to the Texas Civil Practice and Remedies Code, venue is proper in Montgomery County, Texas. Fads On or about December 16, 2022 Defendant entered into a Retail Installment Contract Security Agreement ( “Contract”) with Brookside Equipment Sales, Inc, which was assigned to Deere per the terms of the Contract and pursuant to which Defendant financed in John Deere XUV835R Gator HVAC Signature Edition, s/n 1M0835RDCNM050469 (the “Collateral’”). true and correct copy of the Contract is attached hereto as Exhibit “A” and is incorporated herein for all purposes. The Contract granted Deere a purchase money security interest in the ollateral and any proceeds thereto Deere’s lien was perfected by Deere being listed as lienholder on the title to the Collateral cop of which attached hereto as Exhibit “B” and incorporated herein for all purposes The Contract required Defendant make annual payment and tumover the Collateral in the event of a default. Defendant failed to make any payment and refuse to tum over the Collateral despite default and demand All amounts due under the Contrac have been accelerated. The accelerated balance due on the Contract is $41,311.84 Despite numerous demands, Defendant failed and refused and continue to fail and refuse to make payments due under the Contract and/or surrender the Collateral to Deere. Such actions by Defendant constitute defaults under the terms of the Contract. Breach of Contract Paragraphs 2 are incorporated herein as though repeated in full. Defendant breached the Contract by failing to make payment due under the Contrac nd failing to surrender the Collateral upon default as required by the Contract Such violations constitute defaults under the Contract that have caused damages to Deere in the amount , which is the total amount due under the Contract and an amount w within jurisdictional limits of this Court. Deere has sent notice of the defaults and notice of acceleration of all amounts due to Defendant See Exhibit “ ” attached hereto and incorporated for all purposes. Judicial Foreclosure Paragraphs 2 are incorporated herein as though repeated in full. Deere has a perfected purchase security interest in Collateral pursuant terms of the Contract and being listed as lienholder on the title. Defendant defaulted on Contract by failing to make any payment and refusing to surrender the Collateral after demand. Deere is entitled to possession of the Collateral and to foreclosure of its security interest per the Contract Conditions Precedent All conditions precedent to Plaintiff recovery been performed or has otherwise occurred. Application for Writ of Sequestration The property de the subject of this writ is in John Deere XUV835R Gator HVAC Signature Edition, s/n 1M0835RDCNM050469 (the “Collateral” Defendant granted Deere a purchase money security interest in the Collateral by virtue of the Contract attached hereto perfected by Deere being listed as lienholder on the title to the Collateral Demand has been made Defendant for possession of the Collateral numerous occasions but has been refused. Defendant refuses to give the location of the Collateral to Deere and is intentionally hiding the equipment therefor hindering Deere’s recovery of said Collateral. Upon information and believe, the Collateral remains in Defendant’s possession at 28411 Dobbin Huffsmith Rd., Magnolia, TX 77354. 15. Based upon the facts stated herein and the supporting affidavit, it is reasonable to conclude that there is immediate danger that Defendant will continue to and further conceal, dispose of, waste or destroy the Collateral. 16. Deere is entitled to writ of sequestration pursuant to Texas Civil Practice and Remedies Code § 62.001 in that: a. Deere has a valid and existing purchase-money security interest in the Collateral by virtue of the Contract. The debt due and owing to Deere has not been paid nor otherwise discharged by Defendant and Deere is entitled to possession of the Collateral and foreclosure of its security interest, and; It is likely that Defendant will conceal, dispose of, waste, transfer, or otherwise dispose of the Collateral prior to the completion of this lawsuit. 20. This application is supported by the Unsworm Declaration of David Negrete, Litigation A dministrator for Deere, filed in support hereof. Attomey’s Fees— Notice 21. Demand for payment having been made without success forced Deere to hire the Law Offices of T. H. Kelley, P.C. in order to prosecute its claim against Defendant herein. See demand letter attached hereto as Exhibit ‘C’. Pursuant to the Contracts and the Texas Civil Practice and Remedies Code, Chapter 38, Deere is entitled to recover its reasonable and necessary attorney’s fees from Defendant. Prayer WHEREFORE, PREMISES CONSIDERED, Plaintiff Deere & Company pray that a writ of sequestration issue, ex parte, directing the officer who executes the writ to forthwith take the Collateral into his possession and keep same subject to further order of this Court; the Court fix 4. the amount of bond for sequestration and replevy; that Defendant be cited to appear and answer herein; and that judgment be entered against said Defendant for actual damage in excess of the minimum jurisdictional limits of the Court, for possession and foreclosure of its security interest in the equipment, reasonable and necessary attorney’s fees, costs of court, prejudgment interest, post judgment interest, and for such other and further relief to which it may show itself justly entitled. Respectfully Submitted, LAW OFFICES OF T.H. KELLEY, P.C. By:__/s/ Teri H. Kelley Teri H. Kelley Bar No. 10176900 6750 West Loop South, Suite 920 Bellaire, TX 77401 Telephone No.: (832) 485-3515 Facsimile No.: (832) 485-3517 tk@thkelleylaw.com ATTORNEY FOR PLAINTIFF 5H DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY The Authoritative Copy of this record is held at na2.docusign.ne' Application 10: 13806679 Version Number: 4 JOHN DEERE FIXED RATE CONTRACT FINANCIAL AG/C&CE Business or Commercial Use RETAIL INSTALLMENT CONTRACT - SECURITY AGREEMENT Contract Begin Date : 12/16/2022 SELLER'S NAME AND ADDRESS BROOKSIDE EQUIPMENT SALES, INC. DEALER NUMBER PHONE NUMBER 19003 1-45 NORTH ‘SPRING, TX 77388 0204 BORROWER'S NAME AND PHYSICAL ADDRESS MATTHEW AARON KOTIS BORROWER'S BORROWER'S. TYPE OF 6610 WOODLAND OAKS SOC_SEC_NUMBER PHONE NO. BUSINESS MAGNOLIA, TX 77354-6836 BORROWER RESIDES IN (County/State) BORROWER AGREES TO KEEP GOODS IN (Gounty/State) MONTGOMERY, MONTGOMERY, TX 1. Parties. This Retail Installment Contract ("Contract") is entered into between Seller ("we' nm us" or "our") dd the Buyer(S)indinated above ("you" or "your"). If more than one buyer is indicated, each buyer shall be jointly and severally liable for all of the obligations under this Contract. 2. Loan. Having been quoted both a cash sale price and a time sale price for the equipfhent and/or services described below (the “Equipment"), you have elected to purchase the Equipment from us for that time sale price under the terms set forth in this Contract. All attachments and accessories itemized on this Contract and all replacements, parts and repairs to fhe Equipment shall form part of the Equipment. 3. Installment Payments. In addition to any down payment, you agree to pay us the Amount Rinanced, together with finance charges from the Date Finance Charge Begins, at the Annual Percenlage Rate, by remiiting each of the Installment Payments on or before the due dates indicated. Any amounts applied to this Contract will be applied first to ary late charges, any charges for dishonored checks and any other fees or costs due under this agreefetthen ta finance charges, computed on the date the payment is received and the remainder to the Amount Financed. You agrge'that your payments will be applied as of the date of receipt if received by 11:00 a.m. Central Time Monday through Friday,(6therwise (jext business day); but if payment is not accompanied by the payment stub, is not in the envelope we provided, includes olljer items such as other checks, staples or paper clips, or is not received at that location, credit may be delayed up to fivedayseThe Total of Payments, the amount of the final Installment Payment and/or the number of Installment Payments may be adjusted in accordance with the provisions of Section 4 below. This Contract is not accepted by us until we sign it, even if you have mad@ a payment te Us. You agree to remit to us the Installment Payments and all other amounts when due and payable each Billing Period, even if we do nal’send you a bill or an invoice. YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE AND UNCONDITIONAL, AND ARE NOT,/SUBJECT TO CANCELLATION, REDUCTION OR SETOFF FOR ANY REASON WHATSOEVER. For any Seheduled payment which is not received by its due date, you agree to pay us interest on the unpaid amount ata rale of 20% per@pnum on that scheduled payment, but in no event more than the maximum lawful rate, from the due date until paid. However, if the Seller's place of business is in Minnesota, the late charge will be the greater of 5% of the past due amount or $8.84 if Nebgeceived within 10 days of its due date or if the Seller's place of business is in West Virginia and the Amount Financed is $45,000 or less the late charge will be the lesser of 5% of the past due amount and $30.00 if not received within 10 days of its due date. Restrictive endorsements on checks you send to us will not change or reduce your obligations to us. We will not jose any rights if we accept late or partial payments or delay enforcing our rights under this Contract. If a check or electronic payment authorization you give us is dishonored upon first presentment, you agree to pay us a fee of $25.00, or the maximum amount permitted by law, whichever is less. No such fee will be due if the Seller's place of business is in Minnesota or North Dakota, or if the Seller's place of business is in West Virginia and the Amount Financed is $45,000 or less. Also, if the Seller's place of business is in California, you agree to pay us a fee of $35.00 for each subsequent check passed on insufficient funds, or the maximum amount permitted by law, whichever is less. Installment Payments and other payments, including proceeds of insurance or any sale of the Equipment, may be applied, at our discretion and in spite of any instructions you may provide, to any obligation you may have to us or any assignee of this Contract or any affiliate of that assignee. If the total of all payments made by you exceeds the total of all amounts due under this THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural DOCc8002 12/16/2022 04:49 P Application 10: 13806679 Version Number: 1 Page 1 of 7 Revision Date: 20 September 2020 DOM IACI AA E DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY The Authoritative Copy of this record is held at na2.docusign.net Contract by less than $25.00, we may retain such excess. However, if the Seller's place of business is in Minnesota, we will not retain more than $1.00. ‘QUIPMENT PURCHASE! aty NEW? MANUFACTURER EQUIPMENT DESCRIPTION AMOUNT USED NEW JOHN DEERE GATOR XUV835R HVAC Signature Edition (Model Year 2022) $40,085.00 PRODUCT ID NO. ‘1Mo835RDCNM050469 TRADE-IN and CASH DOWN PAYMENT ary MFR. MODEL DESCRIPTION OF TRADE-IN (From Purchase Order) PRODUCTID NO. AMOUNT TOTAL TRADE-IN: $0.00 CASH DOWN PAYMENT: $0,00 RENTAL APPLIED: $0.00 TOTAL TRADE-IN PLUS CASH DOWN: $0.00 INSTALLMENT PAYMENTS ‘The amounts shown below as Finance Charge, Total of Payments and Total Sale Prics are estimates DATE FINANCE CHARGE BEGINS: December 16, 2022 tbased upon the assumption that payments will be made on the schedillbiflayment dug date ‘according to the installment schedule. The actual Finance Charge, Tola) of Eayments, aid Total Sae The first Installment Payment Due Date is December 16, 2023 and each Price may vary depending upon the early or late payment.of scheduled Wstallmetis. successive Installment Payment is due on the same day of the Year thereafter, (the "Billing Perio"), unless otherwise provided below; TTEMIZATION OF AMOUNT FINANCED, SALES TAX (Paid to Govt. Agencies) $0.00 NUMBER OF "AMOUNT OF EACH DUE DATE PAYMENTS. PAYMENT [CASH PRICE (Including Tax) $40,085.00 3 $13,614.00 December 16, 2023 TOTAL DOWN PAYMENT (Suijjof Tradelljpalmean Down Payment) $0.00 UNPAID BALANCE OF BASH PRICE $40,085.00 (The amount credited tq your accounfiyith us) INSURANEE (Physical Damage Paidialinsurancsbempanies) 4 $397.00 ORIGINATION SEES 4A $350.00 OFFICIAL FEES (Felmjjo Pliblic Officials) $10.00 TEXAS HEAVY EQUIPMENT TAX $0.00 [AMOUNT FINANCED (Lines 3, 4, 4A, 5 & 5A (if Applicable) ) $40,842.00 The amount of credit provided to you. FINANCE CHARGE (Based on Line 6) The dollar amount the credit will cost you. $0.00 TOTAL OF PAYMENTS (Lines 6 & 7) The amounl you wil have paid after you have made all payments as scheduled, $40,842.00 ANNUAL PERCENTAGE RATE 0.00% (The cost of your credit as a yearly rate) TOTAL SALE PRIGE (Lines 1.4, 4A, 5, 5A (IFApplicable), & 7) The total price of your purchase on credit, including the Total Down $40,842.00 [Payment of $0.00. 4, Prepayment. You may prepay your obligations under this Contract in full at any time by paying the unpaid principal balance and aljy,earned and unpaid finance charges. The unpaid principal balance includes any origination fee. If applicable law requires Us to refund any of the origination fee upon prepayment, you agree that we may retain an amount equal to that amount as a prepayment penalty. 5, Security Interest; Missing Information. You grant us, and any assignee of this Contract or any affiliate of that assignee, a security interest in the Equipment (and all proceeds thereof) to secure all of your obligations under this Contract and any other obligations which you may have to us or any assignee of this Contract of any affiliates of that assignee, at any time and you agree that any security interest you have granted or hereafter grant to us or any assignee of this Contract or any affiliate of that assignee shall also secure your obligations under this Contract, however, if the contract was signed in Oregon and the equipment includes a trailer, you do not grant us a security interest in that trailer. You agree that any assignee of this Contract may act as agent for its affiliates and its affiliates may act as agent for that assignee, in order to perfect and realize on any security interest described above. Upon receipt of all amounts due and to become due under this Contract, we will release our security interest in the Equipment (but not the security interest for amounts due an affiliate of an assignee), provided no event of default has occurred and is continuing. You agree to keep THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural DOCc8002 12/16/2022 04:49 P Application 10: 13806679 Version Number: 1 Page 2 of 7 Revision Date: 20 September 2020 HOI UCC DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY The Authoritative Copy of this record is held at na2.docusign.ne' the Equipment free and clear of all liens and encumbrances, except those in favor of us, any assignee of this Contract and its affiliates as described above, and to promptly notify us if a lien or encumbrance is placed or threatened against the Equipment. You irrevocably authorize us, at any time, to (a) insert or correct information on this Contract, including your correct legal name, serial numbers and Equipment descriptions; (b) submit notices and proofs of loss for any required insurance; (c) endorse your name on remittances for insurance and Equipment sale or lease proceeds; and (d) file a financing statement(s) which describes either the Equipment or all equipment currently or in the future financed by us. Notwithstanding any other election you may make, you agree that (1) we can access any information regarding the location, maintenance, operation and condition of the Equipment; (2) you irrevocably authorize anyone in possession of that information to provide all of that information to us upon our request; (3) you will not disable or otherwise interfere with any information gathering or transmission device within or attached to the Equipment; and (4) we may reactivate any such device. 6, Equipment Maintenance, Operation and Use. You agree to (a) USE THE EQUIPMENT ONLY FOR AGRICULTURAL, BUSINESS OR COMMERCIAL PURPOSES AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES; (b) operate and maintain the Equipment in accordance with all (1) applicable laws, ordinances and regulations, (2) manuals and other instructions issued by the manufacturer(s) and supplier(s), including any warranty coverage requirements and (3) insurance policy terms and requirements; (c) keep the Equipment in as good a condition as when delivered to you, reasonable wear excepted, including performing (at your own expense) all necessary maintenance and repairs; (d) allow us and our agent(s) to inspect the Equipment and all of your records related to its use, maintenance and repair, at any reasonable time; and (e) not permit the Equipment to be used by, or to be in the possession of, anyone other than you or your employees. 7.Insurance. You agree, at your cost, to maintain all-risk insurance coverage with respect to the Equipment for n@ jess than ils full replacement value, naming us (and our successor and assigns) as sole loss payee. You may chooseiwho pfavides that insurafice, but that insurance must be with an insurer that is authorized to do business in your state or an eligible Surplus linés insurer and policies acceptable to us. Your obligation to insure the Equipment continues until all your other obligailons under this Contfact are satisfied. Each insurance policy must provide that (1) our interest in the policy will not be invalidated by any acty omission, breach or neglect of anyone other than us; (2) the insurer will give us at least 30 days' prior written notiée befate any abncellation of, non-renewal of, or material change to, the policy; and (3) such coverage shall be primary over any ins\irance purchased by us\(6r our affiliates). Unless you provide us with evidence of the required insurance coverages) we may, but are Nat required to, purchase insurance, at your expense, to protect our interests in the Equipment and charge you an ifjsurance fee on Which we may make a profit. This insurance may not (1) protect your interests; or (2) pay any claim that you make or any claim that is made against you in connection with the Equipment. You may later cancel any insurance purchased by us, but only after providing us with evidence that you have obtained the insurance required by this Contract. THECOST OF THE INSURANCE MAY BE MORE THAN THE COST OF THE INSURANCE YOU MAY BE ABLE TO OBTAIMhON YOUR OWN. THE COVERAGES OF THAT INSURANCE MAY BE DIFFERENT FROM THE COVERAGES OF INSURANCE YOU)MAY BE ABLE TO OBTAIN ON YOUR OWN. You agree to pay us the cost of any insurance plus a $150 insurance placement and service fee. You, will immediately pay that amount to us or we may, at our sole discretion, add that cost.taiftié Aecount Balafice and increase the required Installment Payments accordingly. If a default occurs, youl authorize US to catiéel the insurance on the Equipment and apply any returned premiums to the Account Balance. If the cost of the insurariee was incldied in the Amount Financed, that insurance will terminate (a) if your debt to us is discharged, (b) if we release our security intet@atiin the Equipment, (c) if a default occurs and we cancel the insurance, (d) if the Equipment is repossessed, (e) if the Floater Policy under which you purchased that insurance terminates, or (f) on the due date of the final scheduled Installment Payment. 8. Loss or Damage. Until all of your obligations under this Contract are satisfied, you are responsible for all risk of loss and damage, los ISS,S theft, destruction or seizure of the Equipment (an "Event of Loss"). You must promptly notify us of any Event of Loss. If the Equipment can be repaired or replaced, you agree to promptly repair or replace the Equipment, at your cost, and the terms of this Contract will continue to apply. If the Equipment cannot be repaired or replaced, you agree to immediately pay us the Account Balance. Upon receipt of the Account Balance, we will release our security interest in the Equipment. All insurance proceeds must be paid directly to us, and we may apply any excess insurance proceeds to any other amounts you owe us or any assignee of this Contract or any affiliate of that assignee. 9. Default. We may determine you to be in default if: (a) you fail to remit to us any Installment Payment or other payment when due; (b) you breach any other provision of this Contract; (c) you remove any Equipment from the United States; (d) a petition is filed by or against you or any guarantor under any bankruptcy, attachment, execution or insolvency law or you or any such guarantor make an THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural DOCc8002 12/16/2022 04:49 P Application 10: 13806679 Version Number: 1 Page 3 of 7 Revision Date: 20 September 2020 DOM FACIO UMA DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY The Authoritative Copy of this record is held at na2.docusign.ne' assignment for the benefit of creditors; (e) a default occurs under any other agreement between you (or any of your affiliates) and us (or any assignee of this Contract or any affiliate of that assignee); (f) you or any guarantor merges with or consolidates into another entity, sells substantially all its assets, dissolves or terminates its existence, or (if an individual) dies or becomes incompetent; (g) you fail to maintain the insurance required by this Contract; or (h) if for any reason, we deem the debt or the Equipment to be insecure. Time is of the essence under this Contract. 10. Remedies. If we determine that you are in default, we may do one or more of the following: (a) recover from you, AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY, the Account Balance as of the date of such default, without presentment or demand or notice of intent to declare all of that indebtedness immediately due and payable (b)declare any other agreements between you and us in default; (c) terminate any of your rights (but none of your obligations) under this Contract and any other agreement between you and us (or any assignee of this Contract or any affiliate of that assignee); (d) require you to deliver the Equipment to us in the manner outlined below, or take possession of the Equipment; (e) lease or sell the Equipment or any portion thereof at a public or private sale; (f) apply the net proceeds we receive from any sale, lease or other disposition of the Equipment (after deducting all of our costs and expenses) to your obligations under this Contract, with you remaining liable for any deficiency; (g) require you to reimburse and indemnify us for all losses, claims, damages and expenses of any kind or nature whatsoever incurred in connection with the Equipment or this Contract and/or the enforcement of our remedies hereunder including, without limitation, repossession, repair and collection costs, damage awards, attorneys’ fees and court and bankruptcy fees and costs; (h) exercise any other remedy available at law or in equity; and (i) take on your behalf (at your expense) any action required by this Contract Which you fail to take. These remedies are cumulative, are in addition to any other remedies provided for by law, and may be’@xercised concurrently or separately. Any failure or delay by us to exercise any right shall not operate as a waiver of any other right or future right. In no event will the costs and expenses referred to in this section be more than those allowed by.Jaw. |f.we delerminethat you are in default, all Equipment must be delivered to the place designated by us, at your expense and{n Satisfactary condition, along with all use, maintenance and repair records. Equipment is in satisfactory condition if it is in as gogid-a condition as When the Equipment was delivered to you, reasonable wear excepted, as determined by us in our sole discretion 411. Assignment. You will not assign, pledge or otherwise transfer any of your righifs or lgterests {fj this Contract or any Equipment without our prior written consent. Any assignment without our consent will be void, We may assign,this Cogfract or our interest in the Equipment at any time without notice to you and without your consents/We may provide information about you to any prospective assignee or participant. You agree not to assert against our assignee any Glaims, offsets or defenses which you may have against us. 12. Representations and Warranties. You represent, warrant and covenant tus S90 long as this Contract is in effect, that: (a) you will not change your name without giving us at least 30 days’ prior written notice; (&)each document you sign and deliver to us is duly authorized, executed and delivered by you, and is youlpyalid, legal and binding agreement, enforceable in accordance with its terms; (c) the execution, delivery and performangs!by You of this Gontract does not (and will not) violate any applicable law or breach any order of court or other governmentalagency, or of any undertaking you are a party to or by which you or any of your properties are bound; (d) you will comply with all appligable laws, ordinances ad regulations; (e) upon execution of this Contract, we shall have good and marketable title to anyilf@E+in equipmefil free and clear of all liens and encumbrances whatsoever, (f) all information you have given to us is true, acelirate and complete; (g) since the date of the most recent financial information given to us, no material adverse change in your businéss, assets, or pfospecis has occurred; (h) you will promptly deliver to us such financial statements, reports and other informiatian.as we may request} (j) the Equipment was selected by you; (j) the Equipment (including all manufacturer manuals and insfructions) has beén delivered 10, and examined by, you; (k) the safe operation and the proper servicing of the Equipment were explalfied to you; (I) you reeeivedthe written warranty applicable to the Equipment and understand that your rights under the written warranty may be limited; (m) the Equipment is unconditionally and irrevocably accepted by you as being suitable for its intended use; (n) the Equipment is jp good condition and repair (operating and otherwise); (0) the Equipment shall be used only for the purpose indicated hereinewill remain in your possession and will not be sold, rented or leased; and (p) you will pay all taxes assessed on the Equipment. Unless you are an individual, you also represent, warrant and covenant to us that: (a) you are and will remain duly organized, validly existing and in good standing under the laws of your jurisdiction of organization; (b) you are qualified to do business under the laws of all other jurisdictions where qualification is required or advisable; (c) you will not change your jurisdiction of organization or organization type without at least 30 days' prior written notice to us; and (d) the execution, delivery and performance by you of this Contract will not breach any provision of your organizational documents. If you are an individual, you agree not to move your residence to a different county or state without at least 30 days' prior written notice to us. THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural DOCc8002 12/16/2022 04:49 P Application 1D: 13806679 Version Number: 1 Page 4 of 7 Revision Date: 20 September 2020 DOM IMCIO UOC DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY The Authoritative Copy of this record is held at na2.docusign.ne' 13. Governing Law; Jurisdiction; Venue. THIS CONTRACT WILL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF THE SELLER'S PLACE OF BUSINESS, WHERE THIS CONTRACT IS ACCEPTED AND ENTERED INTO, except for its conflict of laws provisions. It is further expressly agreed that finance and origination charges will not be charged in excess of the highest rate specified in the laws of that state and that future adjustments will be made to avoid the payment of interest in excess of such limits. You irrevocably submit to the non-exclusive jurisdiction and venue of federal and state courts located in Des Moines, lowa and will not claim it is an inconvenient forum for legal action. YOU AND WE IRREVOCABLY WAIVE ANY RIGHT YOU AND WE MAY HAVE TO A JURY TRIAL. 14. Miscellaneous. WE HAVE NOT MADE, AND DO NOT MAKE, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABLLITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR OTHERWISE. WE ARE NOT LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES. You agree not to withhold any amount you owe us if you believe you have a claim against us, or any manufacturer(s) of the Equipment, but to pursue that claim independently. Any claim you have against us must be made within two years after the event that caused it. All notices must be in writing and will be deemed given 5 days after mailing to the intended recipient at its address indicated above, unless changed by a notice given in accordance with this Section. This Contract supersedes and replaces all prior understandings and communications (oral or written) concerning the subject matter thereof. No part of this Contract can be amended, waived or terminated excephby a writing signed by both you and us. This Contract may be signed in separate counterparts that, together, will constiiut@one document. A paper or facsimile transmission copy of your signature or an electronic signature shall constitute an original signalure Under: applicable law for all purposes. If a court finds any part of this Contract to be invalid or unenforceable the remainder of this Contract will remain in effect. You permit us, and those third parties who provide services to us, to moniter and record telephone conversations between you and us. You agree that by providing us any telephone number, including a mobilé phone number, weahy debt collector we retain, and those third parties who provide services to us, can contact you using thal pumber, ingliiding calls using an automatic dialing and announcing device and prerecorded calls. All of our rights shall remait} \n effaet after the expiration,or termination of this Contract. You and we intend to comply with all applicable laws. In no event will we Gharge or collect any amounts in excess of those allowed by applicable law. In the event any amount in excess of that allowed by law is cHapged or recovered, any such charge will be deemed limited by the amount legally allowed and any amount received by us in excess of thal legally allowed will be applied by us to the payment of amounts legally allowed under this Contact, or refunded to you. PHYSICAL DAMAGE INSURANGE REQUIRED: If you elect Physical Damage Insurance below, such insurance does not include liability insurance coverage for bodly injury or property damage caused to others. TERM IN MONTHS TOTAL PREMIUM INSURANCE DISCLOSURES: You may obidln profieity insurance from any agent that is acceptable to us. Physical Damage Insurangé will not be provides unless you sign below for the premium amount indicated. 36 $397.00 By signing/below, Jou want/Physical Damage Insurance and agree to pay the premium. (Sign in this box) Docasioneaby [: WATTren AMRON kotis MATTHEW AARON KOTIS THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural DOCc8002 12/16/2022 04:49 P Application 10: 13806679 Version Number: 1 Page 5 of 7 Revision Date: 20 September 2020 DOM INCIOU UTE DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY The Authoritative Copy of this record is held at na2.docusign.net Electronic Contract. You agree that this Contract is an electronic record executed by you using your electronic signature. You acknowledge and agree that, by executing this Contract with your electronic signature, you are signifying your intent to enter into this Contract and that this Contract be legally valid and enforceable in accordance with its terms to the same extent as if you had executed this Contract using your written signature. You agree that unless the authoritative electronic copy of this Contract ("Authoritative Copy") is converted to paper and marked as the original by us (the "Paper Contract"), the Authoritative Copy shall at all times reside in a document management system designated by us for the storage of authoritative copies of electronic records (the "DMS"), and shall be deemed held in the ordinary course of business. In the event the Authoritative Copy is converted to a Paper Contract, you acknowledge and agree that (1) your signing of this Contract also constitutes issuance and delivery of such Paper Contract, (2) your electronic signature associated with this Contract, when affixed to the Paper Contract, constitutes your legally valid and binding signature on the Paper Contract, and (3) your obligations will be evidenced by the Paper Contract alone after such conversion. Without limiting the foregoing, all terms and conditions of any Electronic Signature Agreement by and between you and Deere Credit Services, Inc., d/b/a John Deere Financial ("DCSI”), on behalf of itself and all affiliates of DCSI (“Electronic Signature Agreement”), including, without limitation, those terms and conditions relating to the “Electronic Signature” of an “Authorized Representative” on a “Contract” (as such terms are defined in the Electronic Signature Agreement) apply to this Contract. THE TERMS OF THIS CONTRACT SHOULD BE READ CAREFULLY BEFORE SIGNING BECAUSE ONLY THESE WRITTEN TERMS ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES MAY BE LEGALLY ENFORCED. BY SIGNING THIS CONTRACT, YOU AGREE TO THE TERMS ON ALL PAGES. THIS CONTRACT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. This written loan agreement represents the final agreement between the parties and may,not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. —ecusigned ty x MAP THEW AARON LOTS 12/16/2022 (Date Signed) MATTHEW AARON KOTIS SELLER’S SIGNATURE BROOKSIDE EQUIPMENTSSALES INC. (Geller’s Name) (ees ov 12/16/2022 By:( anDeel eaetnup (Date Agreement Signed) ANDREW HARTNUP THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural DOCc8002 12/16/2022 04:49 P Application 10: 13806679 Version Number: 1 Page 6 of 7 Revision Date: 20 September 2020 MUI OU DocuSign Envelope ID: 42DB6EEE-45AA-46E2-96E2-F263E1115C03 THIS IS A COPY The Authoritative Copy of this record is held at na2.docusign.ne If this contract is assigned to John Deere, the following form of assignment will be used. ASSIGNMENT. For value received, Seller hereby sells, assigns and otherwise transfers to Deere & Company (“Deere”), its successors and assigns, under the terms and conditions of the applicable Finance Agreement now in effect between Seller and Deere, all of Seller's right, title and interest in and to (1) this Retail Installment Contact, (2) all rights and remedies hereunder, (3) all Installment Payments and other amounts due and to become due hereunder, (4) all insurance proceeds and other proceeds, and (5) all Equipment subject hereto. This instrument is not an assignment of any Seller's obligations to the buyer of the Equipment. Seller authorizes Deere, its successors or assigns, to do every act or thing necessary to collect and discharge the same. BROOKSIDE EQUIPMENT SALES, INC. (Dealer) Doeusign by Signed by:| AMEEW KARTMUP 12/16/2022 1B OnAzT2EACH (Date) ANDREW HARTNUP THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE Settlement Nbr: 13806679 Equipment Type: Agriculture Agricultural DOCc8002 12/16/2022 04: