TULSA COUNTY

PURCHASINGDEPARTMENT

Date: February 9, 2018

From:

To:

Subject:

Matney M. EllisPurchasing Director

Board of County Commissioners

Agreement-John Deere Construction and Forestry Products

Submitted for your approval and execution is the attached Agreement for Purchasebetween the Board of County Commissioners on behalf of the Tulsa CountyHighways Department, District 2 and John Deere Construction and ForestryProducts for the purchase of 2018 Wheel Loader, Model #624K, Serial# 1 DW624KZCHF684896.

Respectfully submitted for your approval and execution.

MME/skb

Original:

Copies:

Michael Willis, County Clerk, for the February 20, 2018 Agenda.

Commissioner John M. SmaligoCommissioner Karen KeithCommissioner Ron Peters

John Fothergill, Chief DeputyVicki Adams, Chief DeputyTom Rains, Director, County Engineer

Form 4363 (Rev. 4-98)

JOHNDEERE Customer Purchase Order for John DeereConstruction and Forestry Products - USA

P0#PO Revision#

05030061Original

PURCHASER NAME AND ADDRESS (First Signer)

NAME(First, Middle, Last)BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTV ON

. - . -*t .. »;...1 «EET or RR

5300W31STST

CITYTULSA

PHONE NUMBER

STATE ZIP CODE COUNTYOK 74107 Tulsa

EMAIL ADDRESS

PURCHASER NAME AND ADDRESS fSecond Signer)NAME(First, Middle, Last)

STREET or RR

CITY STATE ZIP CODE COUNTY

PHONE NUMBER EMAIL ADDRESS

DEALER NAME AND ADDRESS

DEALER NAMEYellowhouse Machinery Co.

STREET or RR

1100W. WEKIWAROAD

CITY STATE ZIP CODESAND SPRINGS OK

Date Of Order:

Aug 22, 2017

Dealer Order No.:

17917639

74063

Dealer Account No.177488

Phone Number

918-245-5926

PURCHASER PfPE:

4 Use County

T/PE OF SALE:

CASH ^LEASE |-| TIME SALEMARKET USE CODE:

51 Highways & StreetsPaving

Add Purchaser to Mailing List (Check One or More)

Construction [J Utility Q Forestry |-| GovernmentPURCHASER IS: Purchaser Acct.:

Business || IndividualQ SOCIAL SECURirr QIRSTAXIDNO QEINNO.:

EXTENDED WARRANTY IS: [7] Accept QDedi CATION OF FIRST WORKING USE : Use State/Province COUNTY COOE

(Initials)

Ultimate Uptime Package Purchase:

UseODuntyTULSA

Yes UNO

NJIQTY ^g ? B

EQUIPMENT (Model, Size, Description)

2018 JOHN DEERE 624K-II LOADER Stock # 59606+ John Deere Preventative Maintenance :+ John Deere Extended Warranty :

Hoursof

Use

OK

(Initials)

143

PIN or Serial Number Delivered Cash Price

DW624KZCHF684896

(1) TOTAL CASH PRICE

$171,693 77$0 00$0 00

$171, 693 77

QTf

COMMENTS:

TRADE-IN (Model, Size, Description) Hoursof Use PIN or Serial Number

2) TOTAL TRADE-IN ALLOWANCE

3) TOTAL TRADE-IN PAY-OFF

4) BALANCE

5) SUBTOTAL

6) RENTAL APPLIED

H WITH ORDER

E DUE (5-(6 & 7)

AMOUNT

$0$0

$171, 693$171, 693

$0$01

$171,6931

00007777000077

^?"?!?!:E^NI^TS;.-^rc!1?,s.er,°ffers *.° ^e"'transfer- ancl. convey ihe ite"1(s) listed as "Trade In" to the Dealer at or prior to the time of delivery of the^?-v?^rcl?. u-ct(s^!s-a_"tra?_e'm". t°.be. ap.plied a9amst. the cash price. Purchaser represents that each "trade-in" item shail be free and dear'of'ail'secuntyinterests, liens, and encumbrances at the time of transfer to the Dealer except to the extent shown below. The price to be allowed for each "trade-in"-item'islisted on this

document. The Purchaser promises to pay the balance due (line 8 ) shown hereon in cash, or to!?!.cu-te ?^-TlT? Sale Agreement (Retail Installment Contract), or a Loan Agreement for the purchase price of the Product(s), plus additional charges^??rn

-.,!l?e/el?I1 L ^"'. -!1°. ex^te, a.. Lease A?re?me'rt '..

°n °r bef°re dei"/ery °f the equipment'ordered herein."

Despite "deiiveiy'~of"!?heProduct(s) to the Purchaser, title shall remain with the Seller untile one of the foregoing is accomplished. The Purchaser and the Dealer "agree that this?I.Tha^T-9. rd?,ris, "°^, a SSC"".ty a9reement and that delivery of the Product(s) to the Purchaser pursuant to this Purchase Order will not-constitute "possessionof the Product(s) by the Purchaser, as a debtor, for the purposes of the purchase money security provisions in any statutes relating Yopersonarsecurity or its equivalent. Purchaser understands that its rights in connection with this purchase are limited as set forth in this Purchase Order.

gLSC.LOSURE-OF,REGU^ON.APPycAB!LITYL_men.oPerated in California, any^off-road diesel vehicle may be subject to the California AirRlswmes -Boa?-Ln;use.off-R°ad-DieseLvehlde Regulation:, It therefore could_be subjectjo' retrofit' or~accelera{ed"t^nov'er' requiremei:;is"to°reduceemissions of air pollutants. More information is available on the California Air Resources'Board"website'at~htt -. llwHw. ar . . ovlms ro /ordiesel/ordie el. htm.

Page 1 of 2 J>S 17-02 B=FBCnVE(07JUIy16) U. SA. ONLY

JOHNDEERE

Quote ID: 15777066

Customer Purchase Order for John DeereConstruction and Forestry Products - USA

P0#PO Revision#

05030061Original

Customer Name: BOARD OF COUNTY COMMISSIONERS OF TULSIMPORTANT WARRANTY NOTICE^ The Standard Warranty for new John Deere construction and forestry products is set forth in a separatedocument provKied by the _deater Please read Jhe Standari Warranty carefully before signing. No express" warranty is made unless specified inthe Warranty Statement. PURCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS" PURCHASE ARE LIMITED AS INDICATE'D IN'THESTANDARD-WARRANTY_ANI:)_ PURCHASE ORDER. WHERE PERMIHED BY LAW, NO IMPLIED WARRANTY OF MERCHANtABILITY;CONDITIONS OR FITNESS IS MADE. " ~* ' ~ " ~-'" . -. -- . --.... - -. -...,.. - ..... -_ ... "., ",..,. ", ,., ^,. ^, ", ,^, ^,, ,,

The undersigned purchaser(s) (the "Purchaser") hereby orders the product(s) (the "Product") described above from the Dealer. TheDealer shall not be liable for failure to provide the Product or for any delay in delivery if such failure or delay is due to the Dealer'sinability to obtain such Product from the manufacturer or supplier or other cause beyond the Dealer's control^ The cash price shownabove re subject to the Dealer receiving the Product from the manufacturer or supplier prior to any change in price by the manufactureror supplier and is also subject to any new or increased taxes being imposed upon' the sale of the' Product after the date of thisPurchase Order.

TERMS & CONDITIONS VERIFICATION STATEMENT: Use of John Deere Data Services, if applicable, and all rights and obligations of John Deere and thePurchaser (or "Cjjstomer" as identified m the applicable agreement), are governed by the terms and conditions outlFned in the Warranty Statement and theapplicable John Deere^onstruction & Forestry Company Subscriptions & Data Services Dealer Agreement and/or Customer Data Services agreementsavailable at www. JohnDeere. com/Aareements. Purchaser agrees to be bound by these terms and~conditions if Purchaser activates or otherwiSe uses any ofthe Data Services. If l^rchaser does not agree to these terms and conditions, Purchaser must not activate or otherwise use the Data Services.

Purchaser's sign,

Purchaser (First Signer)

ilow acknowledges the Purchaser has recei'

and understands its terms an4fep\litii

BOARD OF COUNP^ Sianatu^COMMISSIONERS OFTULSA COUNT)' ONBEHALF OF TULSACOUNT)' HIGHWAY DEPTDl ST 2

Standard Warranty, Version (Initials)

Purchaser (Second Signer) Signature

Dealer Representative Yellowhouse Machinery Co. Signature

Salesperson KRITSER JR.JOHN Signature

DELIVERY ACKNOWLEDGEMENT Delivered with Operator's Man

Date

Date

Date

Date

1/-/f'^.C&FVterranty [~] Hitachi Warranty

Q Timberjack Warranty Submit I

-/^

Slow Details

0^^:-APPROVED AS TO FOR^

T ATTORN

Page 2 of 2 JD-S 17-02 B=FB^1VE(07JUIy16) U.SA. ONLY

STANDARD WARRANTY FOR NEW JOHN DEERECONSTRUCTION, UTILITY, AND FORESTRY PRODUCTS - US & Canada

. Construction, Forestiy & Commercial Worksite Products: 12 montlis Full Machine Standard Warranty

. C&E Series Pull-Type Scrapers: 6 months Full Machine Standard Warranty

. DC & DE Series Pull-Type Scrapers: 12 months Full Machine Standard Warranty

. Scraper Tractors: 24 Months or 2000 Hours (whichever occurs first) Full Machine Standard Warranty

. Forestry Anachments: 12 Months or 2000 Hours (whichever occurs first) Full Machine Standard Warranty

Frontier Equipment: 6 months Full Machine Standard Warranty (90 days in rental applications)

The "Standard Warranty" is part of the warranty protection package available from John Deere Construction & Forestry Company (John Deere Limited in Canada) ("John Deere") to purchasers ofnew John Deere products ("product"):

STANDARD Warranty is John Deere's standard new product warranty, described In this document, provided at no additional charge to the purchaser.

EXTENDED Warranty is a separate repair contract made available by John Deere for purchasers who wish to complement their Standard Warranty coverage.

Complete Extended Warranty details, including coverage options and limitations, are set forth in the Application tar Extended Warranty, which is available from authorized John Deere dealers.

STRUCTURALL Warranty applies to certain stmctural components as listed below and as described in this docLment.

FACTORY. INSTALLED UNDERCARRIAGE Warranty applies to certain undercarriage components as listed below and as described in this document.

A. STANDARD WARRANTY - GENERAL PROVISIONS

John Deere will repair or replace, at its option, any parts (except those specified below) of a new John Deere product that, as delivered to the original retail purchaserfs), are defective in material orworkmanship. Performance of this warranty will be free of charge for parts and labor/labour, except as otherwise stated below. Standard Warranty applies only to purchases from John Deere andauthorized John Deere dealers and, except as otherwise provided in the next sentence and section L below, is extended only to the original retail purchaser of the product. Remaining StandardWarranty applicable to a used John Deere product is transferred to a subsequent purchaser of the product only if the subsequent purchaser requests a transfer from an authorized John Deeredealer before the product's Standard Warranty expires. Coverage begins on the date of delivery of the product to the original retail purchaser. For purposes of this warranty, a product that has beenrented, used for demonstration purposes for 150 or more hours, or otherwise used prior to its original retail purchase has been "used" for the total duration of sudi use. Warranty statementsrequired by law covering engine emlsslons-related parts and components are found on a separate written warranty certificate provided to the purchaser at the time of the original retail purchase.

B. WHAT IS COVERED BY STANDARD WARRANTY -

All parts of a new John Deere product (except those noted in Sections D and E below) are covered dunng the Standard Warranty period set out above.

C. EXCLUSIVE REMEDY -

The repair or replacement of covered parts or components that are defective, as provided In Sections A, B, 0.2 and D.3 herein, shall be the purchaser's exclusive remedy for any defect in theproduct. However, if after repeated attempts such repair or replacement fails to correct the performance problem caused by the defect, the purchaser's sole remedy shall be a refund of the amountpaid for the product (in exchange for a return of the product), excluding any transportation charges, license fees, taxes and Insurance premiums, and less a reasonable allowance for use of theproduct prior to its return. In no event will the dealer, John Deereoranycompany affiliated with John Deere be liable for any incidental or consequential damages, induding but not limited to loss ofprofits, rental of substitute equipment or other commercial loss. Correction of defects In the manner provided above shall constitute fulfillment of all liabilities of the Dealer, " John Deere. or anycompany affiliated with John Deere to the purchaser or any other person, whether based upon contract, tort, strict liability, or otherwise. This limitation does not apply to daims for personal injury.

D. ITEMS COVERED SEPARATELY -

1. Standard Warranty does not apply to batteries, radios, tires, cameras, or to Cummins, MTU or Detroit Diesel Engines installed in John Deera products, which are covered byseparate written warranties.

2. Fadaru-lnstallad I Indercamaae Warranty covers all non-rutiberized factory-installed undercarriage wear components for 3 years or 4,000 hours from the date of delivery to the original retailpurchaser, whichever occurs first (unless terminated earlier under Section F, below). For purposes of this warranty, a product that has been rented, used for demonstration purposes for 150or more hours or otherwise used prior to its original retail purchase has been "used" for the total duration of such use. In addition to the items listed In section E below. Factory-lnstalledUndercarriage Warranty does not cover failures due to wear, machine application, maintenance practices, or improper machine configuration; removal and Installation labor/labour;transportation or hauling costs; unapproved parts; non-wear items; and rubberized undercarriage components such as rubber tracks. Warranty dalms will be pro-rated based upon wear ofthe failed component and whether track shoe width is approved by John Deere. Factory-lnstalled Undercarriage Warranty does not apply to Scraper Tractors.

3. StmcturALL Warranty for new John Deere Products (except Compact Excavators & Loaders, Skid-Steer Loaders, Compact Track Loaders, Scraper Tractors, Pull-Type Scrapers. and ForestryAttachments, which are not eligible for StructurALL Warranty) begins at the date of delivery to the original retail purchaser and ends (unless terminated earlier under Section F, below) afterthree (3) years, or 1 0,000 hours (whichever occurs first). For purposes of this warranty, a product that has been rented, used for demonstration purposes for 150 or more hours, or otherwiseused prior to Its original retail purchase has been "used" for the total duration of such use. StructurALL Warranty applies only to the following structural components listed below asinstalled on the product at the Ume of original manufacture. If a particular component is not listed below it is not covered by StructurALL Warranty.

Arm; Articulation Joint (incl, pins & bushings); Bin Frame; Boom; Carbody; C-Frame*; Circle Frame; Coupler(John Deere built ONLY); Dipperstick; Draft Frame; Engine Frame; Equipment Frame; Grapple Arch and Grapple Boom; Loader Arm; Loader Frame; Mainframe; Moldboard Lift Arm;NeverGreaseT Pin Joints (I ndudes steering pin and bushing joints (standard equipment), roller elements (roller bearings) in bucket to boom joints and sliding elements (bushing) for boom

and linkage joints (optional equipment)], Rollover Protection Stmcture (ROPS): Side Frame; Swing Frame; Track Frame; Undercarriage Frame; X-Frame; Z-bar loader linkage (induding bellcrank and bucket driver link); Specialty booms and arms mariieted as "heavy duty" by John Deere.

terns Covered by StmdurALL tor Cul-lo-Lenglh Forestry Machines. Front frame (welded assembly); Rear frame (welded assembly); Crane king post with basement; Middle joint frame;Cabin swing frame: Main Boom

StructurALL Warranty does not apply to:

1. Any product used primarily in extreme duty or severe duty applications such as but not limited to: demolition and wrecking, chemical plant (including fertilizer plants), salt mines,steel mill, land fill and transfer stations, scrap handling, scarifying and other applications that are similarly destructive or similarly heavy duty except specialty booms and arms asstated in Section D. 3 above.

2. C-Frames on H-Series & J-Series Crawlers equipped with root rakes or used in forestry applications unless equipped with an "extreme duty" reinforcement package.

3. Cut-to-Length Forestry Heads and Slash Bundler Units.

4. Crawlers equipped with optional side booms.

5. Cut-to-Length Forestry, Excavator, and Log Loader swing hearings.

6. Motor Graders equipped with front- or rear-mounted snow wings.

E. ITEMS NOT COVERED -

John Deere is NOT responsible for the following:

1. Freight

2. Adjustments to compensate for wear, for periodic maintenance or adjustments that result from normal wear and tear.

3. Damage caused by unapproued adjustments (electronic or mechanical) to machine or machine components outside of published specifications including but not limihydraulic components and relief valves.

US/CAN DEERE Warranty Statement Ver. 7.0 Effective 01 November 2014 Page 1 of 2 Customer's Initials

4. Program updates, calibrations, and pressure adjustments.

5. Diagnostic Time

6. Additional Labor/Labour Time - Above SPG/Labor/Labour Rate

7. Additional Cleaning - Above SPG/Labor/Labour Rate

8, Rental Fees

9. Depreciation or damage caused by normal wear or application, lack of reasonable and proper maintenance, failure to follow operating Instnjctions, misuse, negligence, collision orother acddents.

10. Premiums charged for Overtime Labor/Labour

11. Transportation to and from the dealership.

12. Travel time, mileage or service calls by the dealer.

13. Non-John Deere components or modifications, Rotobec grapples, and attachments installed aftermarket.

14. Shop supplies and maintenance items such as, but not limited to: filters, fuels, oil, hydraulic fluid, lubricants, coolants, conditioners, shop towels, cleaners and degreasers. Note:Reimbursement for refills of oils/coolants lost due to a warrantable failure Is covered when a system failure occurs outside the boundan'es of a normal oil change (within 25% of specifiedchange interval as provided in the Operator's Manual).

15. Tom, cut. orwom hoses.

16. Wear items, such as, but not limited to: body liner, belts, blades, bulbs, lubricated joints (indudlng pins and bushings), dry brakes, brake linings, dry dutch linings, saw blades, chains, skiddergrapple shocks, color mari<ing nozzles, and articulaUon bumpers,

17. Items such as cutting edge parts, dellmbing knives, bucket teeth and mbber track are not warranted for depreciation or damage caused by nomial wear, lack of proper maintenance,misuse, failure to follow operating instmctions, the elements or accident.

18. Any defect in a non-covered component, or damage to or failure of a covered component caused by a defect in a non-covered component.

19. Secondary damage which occurs from continued operation of a product after recognition of tha occurrence of a failure.

20, Parts supplied or modifications done by third party suppliers.

21. Topping offfluids when fluid levels fall in the range between low and full

22. Parts/KNs not ordered on machine and installsd aftermarket. These parts will be covered by any applicable parts wananty.

23. Attachments installed aftemiarket - i. e. Winch not installed at factory.

24. Custom options installed outside the factory - i. e. G. R. Manufacturing option packages.

25. Used Products (except as otharwise provided in section L below).

F. TERMINATION OF WARRANTY-

John Deere is relieved of its obligations under Standard Warranty, StructurALL Warranty, Factory-lnstalled Undercam'age Warranty and/or Extended Warranty if:

1. Service (other than nomial maintenance and replacement of service items) is performed by someone other than an authorized John Deere dealer or

2. The product is modified or altered in ways not approved by John Deere; or

3 Any unapproved or improperly sized attachment is installed on the product. Approval and attachment size shall be at John Deere's sole discretion, (Consult dealer prior to installingattachments or product modification).

4, The product is moved outside the US and/or Canada.

G. PARTS REPLACED UNDER WARRANTY -

Only new or remanufactured parts or components furnished or approved by John Deere, will be used If John Deere elects to repair the product. If any such part or component is defective inmaterial or workmanship when installed in the product, John Deere will repair or replace, as it elects, such defective part or component, provided the defect is reported to an authorized JohnDeere dealer within 90 days of installation or before expiration of the applicable Standard Warranty, Factory-lnstalled Undercairiage Warranty and/or StructurALL Warranty whichever is later.

H. TELEMATICS

NOTICE: Products may be equipped with telematics hanlware and soltware ('Telematics") that transinit data to John Deere/ Dealer. Purchaser may deactivate Telematics at www.irilink.com

Notwithstanding Purchaser's n'ght, title or interest in the Products, Purchaser agrees that John Deere and Dealer (their affiliates, successors and assigns), without further notice toPurchaser have the right to:

1. Access, use, collect and disclose any data generated by, collected by, or stored in, Products or any hardware or devices interfacing with Products ("Machine Data");

2. Access Machine Data directly through data reporting devices integrated within, or attached to, Products, including Telematics ("Data Reporting Systems"); and

3. Update the Data Reporting Systems software from time to time. Machine Data will only be used in accordance with John Deere's Machine Data Policy, located at vuww.JohnDeerB.mm;MachineDataPolicv.

1. OBTAINING WARRANTY SERVICE -

To obtain warranty service, the purchaser must request warranty service from a John Deere dealer authorized to sell the product to be serviced. When making such a request, the purchaser mustpresent evidence of the product's delivery date, make the product available at the dealer's place of business, and inform the dealer in what way the purchaser believes the product to be defective.Standard Warranty, Factory-lnstallad Undercarriage Warranty and/or StmcturALL Warranty repairs may be made in the field if the purchaser and sen/idng dealer so desire. However, John Deere willnot be responsible for any charges (such as dealer travel time. mileage ar extra labor/labour) that would not have been incurred had the product been repaired at the dealer's place of business.

J. NO IMPLIED WARRANTY, CONDITIONS OR OTHER REPRESENTATION -

Where permitted by law, neither John Deere nor any company affiliated with it makes any wan-anties, representations, conditions or promises, express or Implied, as to the quality, perfomiancs, orfrBedom from defect of its products, other than those set forth In this document and NO IMPLIED WARRANTY OF MERCHANTABILITY, CONDITIONS OR FITNESS IS MADE.'

K. NO DEALER WARRANTY -

The selling dealer makes no warranty of its own on any item covered by this warranty, and makes no warranty on other items unless the dealer delivers to the purchaser a separate writtenwarranty certificate specifically warranting the item. The dealer has no authority to make any representation or promise on behalf of John Deere, or to modify the terms or limitations ofthis warranty in any way.

L. USED JOHN DEERE PRODUCTS ONLY -

John Deere will transfer remaining Standard Warranty, Factory-lnstalled Undercarriage Warranty and/or StructurALL Warranty to the purchaser of a used John Deere construction and/orforestryproduct that has been used^for less than the full warranty period provided at the product's original retail purchase. This transfer Is not effective until change of ownership is registered by a JohnDeere dealer ALL THE TERMS, INLCUDING LIMITATIONS AND EXCLUSIONS, OF THE JOHN DEERE STANDARD WARRANTY, FACTORY-INSTALLED UNDERCARRIAGE WARRANTY,AND/ORSTRUCTURALL WARRANTY ORIGINALLY PROVIDED FOR THE PRODUCT REMAIN IN EFFECT AND APPLICABLE. . - - -.. -----......--.-... ".....,

US/CAN DEERE Warranty Statement Ver. 7.0 Effective 01 November 2014 Page 2 of 2 Customer's Initials

JOHN DEEREApplication For Extended Warranty

.Printform

For John Deere Construction, Forestry, And CWP ProductsThe John Deere equlpmenl Owner identified below ("Owner") hereby applies for Extended Warranty to John Deere'. ('In the US: John Deere means John DeereWarranty Inc., One John Deere Place, Moline, Illinois 61265-8098, except for Owners in GA or NY, John Deere means John Deere ConstrucUon & ForestryCompany, One John^Deere Place, Moline, Illinois 61265-8098. In Canada: John Deere means John Deere Canada ULC. 295 Hunter Road, P.O. Box 1000, Grimsby,Ontario, L3M 4H5. ) This Application is made in accordance with the terms set forth in this document for the John Deere product identlfled below. Owner desires the'Extended Warrant covers e o tion s checked:

Check One: 1 . APPLICATION GROUPD Commercial B Governmental Q RentalD Forestry or Severe Duty' D Forestry Extreme Duty**

. Smn Duly Bpulinfons ue: O.molBion a WruMng. Clrmlcal Rani. SlBtl Mil. lend RB Aptllcalons. Scrap Hanatog. and any atm applications Ihu are salMi lleslnitlrm of simlarty heavy duly (36 monlhal 6,000 toura marimuin covsiagel" ForMBy Exlrame Duly appllcalions ar: 648, 748. 848 modi giappr itiddars aiulpped wilh tegular (NOT Sw«d«) atfai, clialns aKUor dud Ina. |36 monnd 6.0(10 houB maxlnium msrase)

2. COVERAGE TYPE & DURATIONCHECK FULL MACHINE, ANY ONE POWERTRAIN OPTION, OR A COMBINATION OF FULL MACHINE AND ANY ONE POWERTRAIN OPTION.EXTENDED WARRANTY IS CALCULATED FROM ORIGINAL DATE OF DELIVERY."*FOR EACH COVERAGE OPTION SELECTED. CHECK THE APPLICABLE STANDARD WARRANTY BELOW, THEN SELECT THE TOTALMONTHS/HOURS DESIRED. Note: Months/hours selected ma not exceed maximum s ecified for the de i nated a lication rou .[x]Full Machine Q Powertrain Plus Hydraulics or

Expiration-First To Occur D powertra'nor Expiration - First To Occur(Months or Hours) D Engine Only """(Monthso'r'Hours)''

Months after first retail purchase- Months after first retail purchase"'SM. Warranty 12 2436 48 60 Bgd

snths N/A 12 24 36 48 60 72

Above ara additional months, after expiration ofCorresponding Standard Warranty

SU. Warranty 12 24 36 48 60 72 84112 months N/A 12 24 36 48 60 72124 months N/A N/A 12 24 36 N/A N/A

Above are additional months, after expiration ofCorresponding Standard Warranty

You have selected total months

and [5000 | hours

You have selected

and

total months

hours

Owner Name

Board of Count

s^bWTst'sT.DEALERNUMBER

177488Product

Description

Note: 24 months Standard Warranty Is forScraper Tractors - Pawwtraln only

rior to first retail purchase or lease.

(Zip/Postal Code)7410'7"

*" Less duration of rental, demonstration, or other u a, if an ,Email Address

Commissioners Tulsa CountFown) (State/Providence)

'ulsaDealer Nameellowhouse Machine Co. 1100 W. Wekiwa Rd.

.(Cit/n-mvn). (Stats/Providence)

Sand Springs ' OKModel... Product Description Houmieler Readin Pruduct ID No. (Pin)

624K 2018 Wheel Loader 4 1DW624KZCHF684896

Prepared. By:John Kritser Jr.

Delivsry Date

IMPORTANT NOTE TO^OWNER: Complete terms of John Deere's Extended Wananty are set forth on this document. Please read both pages carefully before signing. YOUR

BY LAW, JOHN DEERE PRODUCTS CARRY NO STATUTORY OR IMPLIED WARRANFf OF MERCHANTABILIFr OR FITNESS. John Daere's Extended Warranty is notinsurance.

OWNER RESPONSIBILITIES: After the product's Standard Warranty expires, the Owner will ba responsible for the first $200 of repair cost tor each repair evenl covered byinded Warranty, except for covered repairs to Ihe product's (1 ) engine or powErtrain, or (2) hydraulics (if Extended Powertrain Plus Hydraulics coverage is the only coverage

:t. ) Scraper tractor Extended Warranty is limited to the powertraln only with a $750 deductible for each repair event covered under the Extended Warranty.fLEDGEMENTS: I have read and understand Ihs terms, indudmg limitations and exduslons, of John Deere's Extended Warranty, and understand that it is not

>. I also understand that the coverage applied for herein Is not effective unless and until (1) a property completed application for coverage is submitted to John Oeere,1 the coverage charge is paid.

ifNS^Owner Signature; Date:The Owner and produc a ve et req ' e coverage requested, and the coverage charge has been paid.Dealer Si natur . Date;TRANSFER - The unexpir portio f th" ended Warranty may be transferred with John Deere's approval (See Section H on second page forcomplete details.) Complete the section below to request transfer.Purchaser Application:

Forestry or Severe DutyCommercialGovernmental

RentalForest /Extreme Du

Date Machine Sold

Dealer NumberCharged

Transfer HourmslerReading

Purchaser Name

(City/Touvn)

Date Inspection completed& approved

Signature of New Buyerx

Address (street, RR)

(State/Province) (Zip/Postal Code)

Date Dealer Confirmationx

Date

JD-E 17-12 Effective (10/Mari2017)

n^ ^, ^J

I HAVE RECEIVED BOTH (2) PAGESOF THIS APPLICATION FORM. Owner Initials: Date:

APPROVED AS TO FORCT TTO

A. EXTENDED WARRANFy - GENERAL PROVISIONS.During the coverage period, John Deere will repair or replaca, at its opUon, coveredcomponents thai were either factory installed componenls or genuine John Deerereplacements installed by an aulhorized John Deere dealer ("Dealer"). Such repair orreplacement will be free of charge far parts and labor. except as othenwise stated below.Under each coverage option, the Extended Warranty period begins when the producl'scorresponding Standard Warranty ends, and continues (unless terminated under Seclion Ebetow) until the expiration selected on One face of Ihls document. The coverage period endsafter the specified number of months or when Ihe machine's hour meter reaches thespecified hour llmitallon, whichever occurs Hrsl.Extended Warranty is available only Ihrough Dealera for John Deere products, and may bepurchased a( any time before Ihe product's Standard warranty, or Extended Warrantyexpires. Extended Warranty is not effective unless and until (1) a properly completedapplicalion for coverage is submllled to John Oeere, (2) and Ihe coverage charge is paid.Once Extended Warranty becomes effective, John Deere's obligaUons hereunder extendonly to Ihe appUcant identified on the first page of this document, unless remaining coverageIs transferred to a subsequent purchaser of Ihls producl in accordance with Section Hbetow.

B. FLUID ANALYSIS REQUIREMENT AND MAINTENANCE,Fluid Analysis: As a condition of coveraga, the following Extended Warranty conlradsrequire fluid analysis:- Exlended Warranty Contracts on excavators with 100 horsepower and above.- All other Construction & Forestry products (induding excavalors under 100 horsepower)with Extended Warranty Contracls above 5000 coveraga houre.Compact Excavators, Compact Track Loadeis, Skid Steers. Compact Loadera. ScraperTractors and Pull-Type Scrapere are exduded from this requiremenl.Owner is responsible for compleling hydraulic/hydrostalic oil analysis al 600 hour intervalsfor spednc modsls and hours of coverage. If sample frequency is nol maintained, andrepairs occur, Owner w'll be responsible for 20% of Ihe repair cost. An oil sample usingJohn Deere specifications must be submitted on or before Ihe effective data of the ExtendadWarranty contract.Maintenance: The Owner, al his or her own expense, must maintain the produd Inaccordance wilh the product's Operator's manual and, upon request, provide adequaterecords verifying mainlenance.L SERIES SKIDOERS, L SERIES WHEELED FELLER BUNCHERS, M SERIESTRACKED FELLER BUNCHERS: Additional Fluid Analysis S Maintenance may berequired. As a condition to receive a Powertraln Ultimate UpUms Extended Warranty andPrevenlative Maintenance contract, the following will be required:

- A Dealer must perform all maj'or services, including withoutnmitallon. scheduled maintenance In accordance with Ihe Operatoi's Manual for theduration of the Extended Warranty Term.

- Submit oil samples through ALS after every service Inten/al, regardless of whoperforms the service [Owner or Dealer).

- Use John Deere parts and fluids for evary sarvice interval, regardless of who performsIho service (Owner or Dealer).

EAIUlBEAl-TUE.filttUBBLIQ-SPMPLY WITH THESE REQUIREMENTS WILL VOJDPOWERTRAIN EXTENDED WARRANTS COVERAGE.

C. WHAT IS COVEREO BY EXTENDED WARRANTT;Not every pnxlucl component is covered by Extended Warranly. Those components thatare covered are listed below. If a particular component is not listed below, it Is not coveredby Extended Warranty.1. Engine Only Coverage (excludes Cummins, Detroit Diesd and Hino Engines): If youpurchasad Engine Only Exlended Warranty the following items are covered: Engine: engineand all components wilhin, cylinder haad and gasket, ECU. electronic engine-speed-conlrolsystem, engine block, engine oil cooler and aftercooler, flywheel housing and gaskal, fronland rear engine seals, front damper, hydraulic adualor, InjecUon nozzles, injeclion pumpand gasket, manifolds and gaskets, oil pan and gasket, pressure/tempefature sensofs andsending units, prassure/temperature sensors and sending units-EGR system manifold, ringgear and flywheel, rocker arm cover and gasket. Uiemiostats, timing gear cover,lurbochargerand gaskets, water pump and gaskets.2. Powertrain CovBrage: If you purchased Powertrain Extended Warranty the engine itemsabove are covered along wjlh Ihe following Items: Engine: engine speed controls S linkages- excavators. Transmisslon/AxlesfHydrostatics; axle(s) and differentials), dutch housing(except dry dutch disk), driueshafl with universal Joints, eleclnmic and/or hydraulic conlrolvalves, excavator rotary manlfcld, Tracked Feller-Buncher rotary manifold, final drive, frontwheel-drive sensors (not wiring harness). hydroslallc system components induding; propelmotor, hydroslatic/hydraulic pump and related contml valves powering propel and/or swingfunction (not dig function), hydraulic-front-wheal-drive axle and wheel assembly (includingdrive pump and motor, electric control, solenoid conlrol valve, and divider valve),mechanical-franl-wheel-drive differential/axle assembly (with its driveshaft, unweisal joinland conlrol), power take off dutch housing (scraper tractor only), pump and valve conlroller,reverser wth control valve, splitter drive, swing motor and brake. s«iring gearbox andbearings, torque converter, transfer drive, transmission. Brakes: wat park brake pinion shaft,bearing, and bearing quill (motor graders only), wet senrice brakes, wet steering brakes anddutches. Electrical: sensors- rotary, starter (scraper tractor only). Eleclric-Drive Loaders:generator, electric motor, power electronics inverter (DLR), brake resistor, motor cableassembly, generator cable assemtriy, brake resistor cable assembly.3. Powertraln plus Hydraulics Coverage: If you purchased Powertrain plus HydraulicsExtended Warranty, the engine and power train items above are covered along with the(oltowing hydraulic items: Transmission/Axlas/Hydroslatics; accumulator and related reliefvah/es (transmission)!, hydraulk; differential lodt valve & associated parte. Hydraulics:control & load holding values. cylinder packing kits, hydraulic cylinders, hydraulic oil cooler.hydraulic pumps & motors & related control valves, hydraulic reservoir, locking pin cylinder,pilot controls. Brakes: brake accumulator (Artreulaled Dump Truck Only). Steering:crossover relief valve, priority value, steering pump, steering valves and cylinders.4. Full Machine Coverage: If you purchased Full Machine Extended Warranty Ihe engine,powertrain, and powertrain plus hydraulic items above are covered along with the fallowingnon-powertrain items: (Please note: Ihere is a $200 dedudible on all hydraulic and non-powertraln repairs when Full Coverage is purchased). Engine: engine mounts and support,engine oil lines, engine speed controls & linkages, flller mount, fuel lines, fuel lank andassociated parts, fuel transfer pump & gasket, oil flller lube, pulleys, radiator and hoses,water piping. Transmission/Axles/HydroslaUcs: control rods, differential lock valve &assodated parts, external oil lines, filler lubes (Iransmission), niter screens. oil cooler, shifl-control linkage, sending units and sensors.

Brakes: brake accumulator (Non ADT). brake pump, brake valve, pressure reducing valve, unloadingvalve. Eleclrical: alternator, gauges, indicators, instrumsnls, sensors, slarter, starter drive, startersolenoid, swilches, vollage regulator, wiper motors, wiring harnesses. Factory Installed AirConditioning: accumulator, dutch, compressor, condenser, diyer, evaporator, expanston vahe, heaterhose, pulley, seals & gaskets, temperature control prosrammer. Other: bucket linkages, a'rde drivegearbox, dump body (ADT only), fan & fan drive, motor grader circle, scarifier S ripper linkages,factory Installed winch (sMdders only). Steering: axles, secondaiy sleering system componenls,spindles & supports, steering linkage, tie rod & tie rod ends. Structures: arm, articulation joint (incl.pins & bushings), bin frame, boom, car body, C-frame, drcle frame, dlpperstick, draft flame, engineframe, equipment frame, forlilift mast & frame, grapple arch and grapple boom, loader aim, loaderframe, mainframB, moldboard lift arm, rollover proleclion slruclure (ROPS), side framB, swing frame,track frame, X-frame, Z-bar, Pneumalic Components (ADT only): airUne hoses S lines & fillings, aircomponenls of brake systems, four way protection vah/e, unloading valve.

D. ITEMS NOT COVERED. John Deere is not responsible (or the fdtowlng:1. Parts/Kits not ordered on machine and Installed aHermarket are not covered by Ihs machine's

Standard Wairanty or Extended Warranty. These parts will be covered by any applicable partswarranty.

2. Attachments Installed altemarkal are exduded from any Extended Warranty purchased for Ihemachine - i.e. Winch not installed atfactoiy,

3. Factory installed torasliy BBachments such as felling heads, saw heads, harvaslers, deljmbersand all Waratah attachments do not qualify for Extended Warranty.

4. Batteries, hoses, radios, tires, Cummins or Detroit Diesel engines.5. Premiums charged for overtime labor requested by the Owner.6. Cosls for Iransporting Ihe product to and from (ha place whare service is performed, or service

calls made by (he repairing Dealer.7. Depreciation and normal wear.a. Damaga caused by any of the following: a) Misuse or abuse of the machine; b) Ihs application

the machine Is wwking in; c) lack of proper/requlred mainlenance; d) failure to follow operaUngInslnjctlons; e) lack of protection during storage; f) vandalism; g) the elements; or h) collision orolher accidents.

9. Normal maintenance and replacement of maintenance and wear items such as: fillers, oils,coolants and condilioners. blades and cutting edge parts, pins and bushings (except inarticulation joinls), hoses, lines and ffitings, undercarriage, bells, dry brakes and dry clutchlinings, bulbs, rubber trackB, and skidder grapple shocks.

10. Damage caused to a covered component by a non-covered component that is used on orInstalled In the product.

11. For warranty repairs made in the fBld, any charges (such as Dealer Iraval lime, mileage, orextra labor) that would not have been incurred had (he product been repaired at the Dealar'splace of business.

E. TERMINATION OF EXTENDED WARRANPf.John Deere is relieved of its obfigations under Extended Warranly y:

1. Servtee (other than nomial mainlenance and replacemenl of service items) is performedby someone other than a Dealer or

2. The product Is altered or modified in ways not approved by John Deere; or3. The product's hour meter has been rendered inoperativs or oltierwise lampered wilh; or4. The product is removed from the United States or Canada; or5. Use te made of the product within an application group other than Ihe group designated In

the application for Extended Warranty for Ihe product.F LIMITATIONS OF JOHN DEERE'S LIABLITT.

Tha repair or replacement of covered components Ihal are defeclive, as provided In Secltan A above,shall be the Owner's exclusive remedy lor any defect in the product. However, If after repealedaltempts such repair or replacement faBs to correct the performance problem caused by the defect.Ihe Owner's sole remedy shall be a refund of the amount paid for Ihe product (in exchange for areturn of the product), exduding any Iransportatian charges, license fees, taxes, and insurancepremiums, and less a reasonaUe allowance for use of the product prior to its relum. John Deere'sBability for any repair evenl shall not exceed Ihe actual cash value of the product if repaired, andJohn Deare's cumulative liability over the coverage period shall not exceed Ihe amount paid by theOwner for Ihe product, exduding any transportation charges, license fees. taxes, and insurancepremiums. In no event wll John Deere be Uable for any incidental or consequenlial damages(Indudlng wilhout limltaUon, loss of profits, rental of substitute equipmenl, or other commereial loss)that may be sustained due to a defect in the producl or the breach or perfomiance of John Deere'sobligation under Extended Warranty. Collections of defects in Ihe manner provided herein shallconsBlute ruimment or all liabillttes of John Deere to Ihe Owner or any other person. whether basedupon contract, tort, strict liability, or otheiwisa. This limitation does not apply to claims fcrpersoral Injury.

S. OBTAINING EXTENDED WARRANTY SERVICE. To oblain sem-ce covered by Extended Warranty,Ihe Owner must request Extended Warranty senice from a Dealer aulhorized to sell Ihe product to beseivfced. When making such a request, the Owner must presenl his or her Application far ExtendedWarranly and John Oaere's written connrmation of coverage (transferees under Section H belo«» mustpresent John Deere's written confirmation of coverage Iransfer), make Ihe product available at theDealer's place of business, and inform the Dealer In what way the product is believed to ba defective.Extended Warranty repairs can ba made in the Beld if the purchaser and servidng Dealer so desire.However, John Deere will nol be responsible for any charges (such as Dealer travel Ibne, rrileage, orextra labor plus any applicable taxes) Ihal would not have been incumd had the product beenrepaired at the Deator's place of business.

H. TRANSFER OF UNUSED COVERAGE UPON RESALE. Remaining Extended Warranty applicableto a used John Deers product is transferred lo a subsequent purchaser of the product if:

1. The subsequent purchase is made before Ihe pfoducl's Extended Warranty expires; and2. The product is (tetermined by John Deare to be in satisfactory conditon following an inspection

performed by a Dealer, In accordance with John Oeere's inslrucUons, at Ihe subsequentpufdiaser'8 expense; and

3. John Deere's written conlirmaltan of Ihe transfer is received by Ihe subsequent purahaser; and4. Either (a) Ihe use made of Ihe pnxluct by Ihe subsequent purehaser falls wilhin the same

application group designated on Ihe produrfs original Application for Extended Warranty, or (b)the subsequent purchaser pays the amount specified by John Deere for converetan of theremaining coverage to a different application group.

I. NO STATUTORY OR IMPLIED WARRANTY. Where penrilted by law, JOHN OEERE PRODUCTSCARRY NO STATUTORY OR IMPLIED WARRANFf OF MERCHANTABILITY OR FITNESS.

J. DEALER CANNOT VARY TERMS OF COVERAGE.All terms of John OeefB's Extended Warranty are set forth on Dlls document. Dealers have noauthority to make any representation or promise on behalf of John Deera, or to modify theterms or limitations of Extended Warranty In any way.

JD-E 17.12 Effective (IO/Mar/2017)

I I

AMARILLO(806)335-1681FAX: (806) 335-3932P. O. BOX 31388Amarillo. Texas 79120

LUBBOCK(806) 763-0473Fax: (806) 763-3608P.O. BOX 5419Lubbock, Texas 79404

ABILENE(325)677-2291FAX: (325) 677-4682

E. HWY. 80Abilene, Texas 79601

ODESSA(432) 580-3337FAX: (432) 580-3464212 IE. 2nd StreetOdessa, Texas 79761

SAN ANGELO(325)651-3337FAX: (325) 651-30375550 Link RoadSan Angela, Texas 76904

WICHITA FALLS(940) 322-3337FAX: (940) 322-30372800 Central Freeway EastWichita Falls, Texas 76301

BROKEN BOW(580)584-3222FAX: (580) 584-32244061 S. Park Drive (Hwy 259)Broken Bow, OK 74728

ENID(580) 233-5000FAX: (5 80) 234-40061300 West ChestnutEnid, OK 73702

MCALESTER(918)423-2555FAX: (918) 423-7492101 East Hwy 270McAlester, OK 74501

SAND SPRINGS(918)245-5926FAX: (981) 245-85571100 West Wekiwa RoadSand Springs, OK 74063

AC RYPG.

Notice is hereby given that Yellowhouse MachineryCo. has assigned its rights under this sale toYellowhouse Exchange to sell the rental equipmentdescribed herein and, if applicable, to purchase

?-in property described herein.^.'%..

^ois

CUSTOMER'S SIGNATURE

^

SERIAL #

^

Please make check payable to:Yellowhouse Exchange and remit to:

Yellowhouse ExchangeP.O. Box 31388, Amarillo, Texas 79120

Wiring or ACH Instructions for:Yellowhouse ExchangeAMARILLO NATIONAL BANKABA# 111300958

ATTN: Wade Porter or Corey RamseyT(806) 378-8249 F (806) 378-8234

CREDIT TO THE ACCOUNT OFYELLOWHOUSE EXCHANGE - ACCOUNTS 5800

JOHNDEERE

OSAI Form 120B (2017)62 O.S. S 430.1

Tu Isa County, Oklahoma

Lease Purchase Agreement

This agreement is made this day of January 29. 2?1 8 ! by and between the Board of CountyCommissioners of Tu Isa County, Oklahoma, designated throughout this agreement as theLessee and ] Yellowhouse Machinery Co. of Oklahoma designated throughout this agreement as the Lessor.

I. EquipmentSubject to the tenns and conditions as set forth in this agreement, the Lessor leases to the Lessee the followingdescribed Equipmeut, all of which shall be designated throughout this instalment as the "Equipment;"Make _ _ Model Description Qty__ Umt Price Lease Purchase Price

^Wheel Loader 1DW624KZCHF684896 il 7-l$171, 693. 77

JL._-$192, 956. 95.John Deere|, 624K

II. Payment of Lease Purchase Installments

In consideration of the agreement by the Lessor to lease purchase the Equipment, the Lessee promises to pay theLessor for the Equipment, the sum of ]__$^ 20, 591. 19 ] per '~~ Year| (see enclosed paymentschedule) during the term of this agreement or any renewal of the agreement.

III. Lease Term

This lease shall commence on the date the Equipment is accepted by the Lessee and shall automatically terminate,unless renewed in accordance with the terms set forth below, at the end of the fiscal year of the State of Oklahomaduring which the lease is commenced.

IV. Option to Renew:The Lessee is hereby granted ' 4 successive options to renew this lease for additional terms not to exceed onefiscal year, plus one final option to renew this lease for a period of 7 J months, all upon the same terms andconditions, provided that such options may be exercised, as a matter of right, solely and exclusively by theLessee, the exercise of any such option shall be accomplished by the issuance of a purchase order upon or withinthirty (30) days after the expiration of the tenns of this lease or any renewal then in effect.

V. Title to EquipmentThe Equipment is and shall at all times during the term of this lease and any renewal tenn remain the soleproperty of the Lessor and the Lessee shall have or acquire no right, or title to Equipment until the final paymentis made.

VI. Option to PurchaseIn the event the Lessee shall have exercised all of its options for renewal of this lease as provided in paragraph TV,above, upon tender of the last lease payment due under the last renewal temi, the Lessee shall acquire title to andownership of the Equipment. In the alternative, the Lessee, at its sole and exclusive option, may purchase theEquipment at any time during the term of this lease or during any renewal term as provided by paragraph TV,above, giving written notice to the Lessor of the Lessee's intent to purchase accompanied by a single, fmalpayment of $ 90, 000.00 . (If the purchase price is to be reduced by a percentage of thelease payments made prior to the exercise of the purchase option, describe fully, the manner in which suchreduction shall be computed. Attach a written schedule of purchase option prices which shall be incorporated inthe terms of this agreement by references). In the event the Lessee shall exercise any option to purchase theEquipment, the Lessor assigns to the Lessee all rights and claims which the Lessor may have or acquire arisingunder the antitmst laws of the United States or any State regarding the Equipment purchased under the terms ofthis agreement.

Page 1 of 3

OSAI Form 120B (2017)

VII. Deliver and Return of EquipmentThe Lessor shall bear all costs of shipping and delivering the Equipment to the Lessee. Installation costs, if any,shall be borne by the Lessor. The Equipment shall be delivered to or installed at the location designated by theLessee.

VIII. Repairs and MaintenanceThe Lessee shall maintain the Equipment in good working order and shall make all necessary routine adjustmentsand repairs, as a result of fair wear and tear, all at the expense of the Lessee. The Lessor and the Lessee mayprovide for the maintenance and repair of the Equipment by separate written agreement, and in the event theymake such agreement, its terms shall supersede and replace the provisions of this paragraph of this lease.

IX. Taxes

The Lessor shall forthwith pay all taxes which may be imposed upon it with respect to the Equipment.X. Insurance

The Lessee shall obtain and maintain fire and extended coverage casualty insurance covering the Equipment fromthe time the Equipment is delivered until this lease is terminated. This insurance shall be in a fomi accq^table tothe Lessor and shall insure the full value of the Equipment against the risk of loss or damage. The Lessee shallprovide the Lessor with written notice at least ten days prior to any change in the insurance required under theterms of this paragraph.

XI. Patents

In the event any suit is instituted against the Lessee which is based upon any claim that any of the Equipment isimplicated in an infringement of any provision of the united States Patent Law, the Lessor shall, at its ownexpense, defend such suit against the Lessee; provided. Lessee provides the Lessor with prompt notice of theinstitution of such suit and permits the Lessor to fully participate in the defense. The Lessee shall also retain theright to participate in such defense and shall, in any event, provide the Lessor with all available information,assistance and authority to enable the Lessor to conduct the defense. No compromise or settlement of such suitresulting in a judgment against the Lessee shall obligate or bind the Lessor unless the Lessor shall have acceptedsuch compromise or settlement, the Lessor shall have the right to enter into negotiations for and effect acompromise or settlement of such patent action, but no such compromise or settlement shall be binding uponLessee unless approved by the Lessee. Subject only to the terms of this paragraph, the Lessor shall hold theLessee harmless from any liability arising from any patent suit such as is described above. In the event of any ofthe Equipment shall be held, in any suit, to constitute an infringement of patent law, and its use shall be enjoined,then the Lessor shall, at its sole option and at the Lessor's expense:

1. Obtain for the Lessee the right to continue to use the Equipment;2. Replace or modify the Equipment in a manner acceptable to the Lessee so that the Equipment no longer

infringes any provision of patent Law.XII. Funding

Notwithstanding any other provision of this agreement, the parties acknowledge and agree that the funds to bepaid by the Lessee under the terms of this lease will be available only as appropriated on a fiscal year to fiscalyear basis by properly constituted legal authority. In the event that the Lessee detennines that sufficient fundshave not been appropriated to make the payments required under the terms of this agreement, the obligations ofthe Lessee under this agreement shall terminate. In such event, the Lessee shall give prompt written notice oftennination to the Lessor.

Page 2 of 3

OSAI Form 120B (2017)

\

XIII. AssignmentThe Lessor may, with the prior written approval of the Lessee, assign its right to receive payment of lease dueunder the terms of this agreement. However, any such assignment shall not relieve the Lessor of itsresponsibilities to perfomi the duties and obligations imposed upon it by this agreement.

XIV. Road Machinery and EquipmentIf the terms of this agreement are in regards to road machuiery or Equipment, the Lessee assiunes all risk andliability for and shall hold the Lessor harmless from all damages to property and injuries and death to personsarising out of the use, possession or ti-ansportation of said road machinery or Equipment.

XV. Entire Agreement of the Parties and SeverabilityExcept as otherwise provided in the above terms and conditions, this lease, together with applicable purchaseorders and the invitation to bid, constitute the entu-e agreement of the parties. This agreement may not bemodified or terminated except as provided in the above terms and conditions or by written agreement of theLessor and Lessee. If any provision of the agreement shall be determined to be invalid, it shall be considered asdeleted from this agreement and no remaining provision of the agreement shall be deemed invalid.

XVI. Choice of Law

This lease shall be governed in all respects by the laws of the State of Oklahoma. In the event that any litigationshall occur concerning the terms and conditions of this lease or the rights and duties of the parties, the partiesagree that any such suit shall be maintained in the District Court in and for Tulsa jCounty (LeasingCounty), State of Oklahoma.

Approved by the Board of County Commissioners at Oklahoma

y^fS Lessor:

Tit e.ff^t^. ^e^t^- ? . t^as i«s^»

t4AA<«->A<l£)£-

Attest:

M^n (YI.^Ll^-PPROV D AST F

TR T ATTORNEY

Page 3 of 3

John Deere Financial Amortization for Tulsa County on a 2018 624K Loader @ 3.5% Interest Rate

PAYMENT SC.WEttW.S-

29-Jan-ZOlS

29-Jan-2018

29-JaH-201929-Jan-202029-Jan-:C2129-Jan-202229-Jaa-ZOZ328-Feb-2023

Total

nncipalAmoiint

$20,591. 18

$15,216.94$15,758. 12$16,318.60tl6, 899. 03^86, 908.86

$1.04$ 171,693.77

InterestAmount

so

$0.00

$5,374. 24$4,833. 06$4,272.58$3,692. 15$3,091. 14

;-:.04$ 21,263.13

Interestmo nt

^0.00

$0.00

$0.00tO.00$0.00$0.00'$o.ooi

j;o. oo:$0.0(1

Led&ePayraentAm int

$0.00

$20,591. 18

$20,59 ]1. 18$20,591. 18$20,591. 18$20,591. 18^ofloo.m

$1.00

$ 182,956.90

ADD PAVM:ENT

LeasePaymentAfflO' t

$0.00

$20, 591. 18

$20,S91. 1S$20,591. 18120,591. 18$20, 591. 18$90,000.00

$1.00

$192,956.90

ba ainceDue

$171,693. 77

$151, 102. 59

$135, 885. 65$120, 127. 53t:;3^:5?3

C5C ;:;,? $1.04e:. s';

$0.00

Advance PaymentNomnalNormalNormal. '. cr-3i'.2r"ar

FbcedPurchase Option

RE-CALCULATE ORIGINAL SCHEDULE

CONSENT TO ASSIGNMENT

To: Board of County Commissioners of Tulsa County, Oklahoma500 South Denver Ave. WTulsa, OK74103

This Consent to Assignment references that certain Lease Purchase Agreement dated January22, 2018, entered into between Yellowhouse Machinery Co. of Oklahoma ("Vendor") and theBoard of County Commissioners of Tulsa County, Oklahoma ("Tulsa Count "), for the lease, useand enjoyment, of certain equipment (the "Contract").

Pursuant to terms of Section XIII of the Contract, the Contract may not be assigned by Vendorwithout the written consent of Tulsa County. Please be advised that Vendor has assigned (orintends to assign) to Deere Credit, Inc. ("Assignee") all of Vendor's right, title and interest in andto the Contract including, but not limited to, all lease payments and any excess usage and wearcosts which may become due and payable under the terms of the Contract.

Additionally, all service and maintenance obligations of Vendor under the Contract shall beperformed by Vendor, as required under the Contract.

Payments due or to become due under the Contract should be made to Assignee at the followingaddress:

Deere Credit, Inc.

P.O. Box 4450Carol Stream, IL 60197-4450

Please sign and return to Assignee at the following address:

Deere Credit, Inc.6400 NW 86th StreetJohnston, IA 50131Attn:

[The remainder of this page is intentionally left blank]

Consent to Assignment - Board of County Commissioners of Tulsa County, OklahomaPage 1 of 2

Very truly yours,

DEERE CREDIT, INC.

ByName:Title:Date: January_, 2018

s/<̂

^,

ACKNOWLEDGEMENT AND ACCEPTANCE

Receipt and acceptance of this Consent to Assignment is acknowledged and agreed to as of theday of , 20_.

BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA

A®t5 ByName:

Title:

Signature Page to Consent to Assignment - State of Arkansas

Page 2 of 2