VANDERBILT MORTGAGE AND FINANCE, INC. v. NORMA E AYALA

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA VANDERBILT MORTGAGE AND FINANCE, INC., vs. NORMA E AYALA, Plaintiff, Defendant. JUDGE: Caroline Wall PETITION COMES NOW VANDERBILT MORTGAGE AND FINANCE, INC. ("Plaintiff") and for its cause of action alleges and states: 1. Plaintiff is duly authorized to transact business within the State of Oklahoma. 2. NORMA E AYALA ("Defendant") is a resident of Tulsa County, Oklahoma. The Court has jurisdiction of the subject matter hereof and the parties hereto. 3. On or about July 7, 2021 Defendant executed a Consumer Loan Note; Security Agreement and Disclosure Statement (hereinafter "Agreement"), a copy of which is attached hereto as Exhibit "A," whereby Defendant contracted, covenanted, and agreed to pay to the holder of the Agreement the amount of $15,420.00 for the purchase and installation of windows, with interest an annual percentage rate of 11.99% and as adjusted thereafter pursuant to the Agreement, with payments of principal and interest to be paid in monthly installments of $221.14 each, commencing on September 1, 2021 and continuing thereafter until the total obligation was paid in full. Plaintiff is the holder of the Agreement and is entitled to enforce the Agreement. 4. Default has been made under the terms and conditions of the Agreement as required therein in that the payment due July 1, 2024, and subsequent payments have not been made; although due demand has been made, the amounts due and owing to Plaintiff have not been paid. After applying credit for all payments made, there remains a balance due and owing in the amount of $14,933.81 with interest at an annual percentage rate of 11.99% per annum and as adjusted thereafter pursuant to the Agreement, and other amounts that are due, owing and collectible pursuant to the Agreement, and by reason of the failure to make payments to Plaintiff according to the terms and conditions of the Agreement, the Agreement is in default. Due demand has been made for payment and payment has not been made. 5. The provisions of the Agreement provide that in the event of default in the payment of the indebtedness secured thereby, all obligations secured under the terms of the Agreement become immediately due and payable and, therefore, Plaintiff may proceed to exercise any and all rights and remedies contained in the Agreement or as provided by law. Default has occurred under the terms of the Agreement and pursuant to the terms, Plaintiff is entitled to a judgment against Defendant for all amounts due and owing under the Agreement, currently $14,933.81 with interest at an annual percentage rate of 11.99% per annum and as adjusted thereafter pursuant to the Agreement, and other amounts that are due, owing and collectible pursuant to the Agreement. WHEREFORE, Plaintiff prays that it be awarded judgment in personam against Defendant as follows: For $14,933.81 with interest at an annual percentage rate of 11.99% per annum and as adjusted thereafter pursuant to the Agreement, and other amounts that are due, owing, and collectible pursuant to the Agreement, a reasonable attorney’s fee, and all costs of this action; and For such other and further relief as this Court deems just and equitable. BAER & TIMBERLAKE, P.C. Matthew J. Hudspeth - OBA 14613 Baer & Timberlake, P.C. P. O. Box 18486 Oklahoma City, OK 73154-0486 Phone: (405) 842-7722 Fax: (405) 848-9349 Attorney for Plaintiff [email protected] COUNTY OF TULSA STATE OF OKLAHOMA | ss. I state under penalty of perjury on this 2nd day of January 2025, under the laws of Oklahoma that the foregoing is true and correct. Matthew J. Hudspeth THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CONSUMER LOAN NOTE, SECURITY AGREEMENT AND DISCLOSURE STATEMENT LENDER: Vanderbilt Mortgage and Finance, Inc. Post Office Box 9800 Maryville, TN 37802 Borrower's Name: Norma E Ayala Borrower's Address: 4007 E VIRGIN TULSA OK 74115 In this Consumer Loan Note ("Note"), "Borrower" refers to all persons who sign this Note as "Borrower," jointly and severally. "Lender" refers to Vanderbilt Mortgage and Finance, Inc. ("Vanderbilt"), and its successors and assigns. Other capitalized terms are defined in the disclosures on this page and elsewhere in this Note. Borrower promises to advise Lender in writing of any change of Borrower's mailing address while this Note is in effect. Lender should send any papers or notices concerning this Note to Borrower's mailing address. On the date of this Note, Borrower finances with Lender the goods and services described below ("Improvements"). DESCRIPTION OF IMPROVEMENTS <table> <tr> <th>Insulation</th> <th>X Windows</th> <th>Furnace</th> <th>X Installation and/or Servicing of Goods</th> </tr> <tr> <td>Heat Pump</td> <td>Door(s)</td> <td>Refrigerator</td> <td>Other Goods</td> </tr> <tr> <td>Central Air Conditioning</td> <td>Duct System</td> <td>Washer</td> <td>Dryer</td> </tr> <tr> <td>Air Sealing</td> <td>Water Heater</td> <td>Dishwasher</td> <td></td> </tr> </table> TRUTH IN LENDING DISCLOSURES: <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of Borrower's credit as a yearly rate:</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost Borrower:</th> <th>Amount Financed:<br>The amount of credit provided to Borrower or on Borrower's behalf:</th> <th>Total of Payments:<br>The amount Borrower will have paid after Borrower has made all payments as scheduled:</th> </tr> <tr> <td>11.99 %</td> <td>$11,117.50</td> <td>$15,420.00</td> <td>$26,537.50</td> </tr> </table> Borrower's Payment Schedule will be: <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>119</td> <td>$221.14</td> <td>Monthly, Beginning<br>09/01/2021</td> </tr> <tr> <td>1</td> <td>$221.84</td> <td>08/01/2031</td> </tr> </table> Insurance: Borrower may obtain property insurance from anyone borrower wants that meets the requirements in this Note. Security: Borrower gives Lender a security interest in the Improvements. Late Charge: If a payment is more than 15 days late, Borrower will be charged $25. Prepayment: If Borrower pays off early, Borrower will not have to pay a penalty. Other Information: Refer to the Note for additional information about nonpayment, default, any required payment in full before the scheduled date and prepayment refunds and penalties. OWNER OF THE REAL PROPERTY: Borrower promises that he/she is the record owner of the real property where the Improvements are performed or installed. On demand of Lender, Borrower will furnish Lender with documentation or other proof satisfactory to Lender showing that Borrower is the record owner of the real property where the Improvements are performed or installed. PROMISE TO PAY: Borrower promises to pay Lender the "Unpaid Balance" as listed under the "Itemization of Amount Financed" plus interest. When Borrower signs this Note, Borrower will also pay Lender any "Prepaid Finance Charge" shown in the "Itemization of Amount Financed." Borrower authorizes Lender to include the Prepaid Finance Charges in the Unpaid Balance. Lender will compute and charge interest on the unpaid amount of the Unpaid Balance from the Note date at the yearly rate of 11.99% (the "Note Rate"). When Lender calculates interest, every year shall have 360 days. Borrower promises to pay interest at the Note Rate on the unpaid amount of the Unpaid Balance of this Note until it is paid in full. Borrower promises to pay Lender monthly payments in the number and amounts of payments shown in Borrower's Payment Schedule. Borrower's first payment will be due on the first date shown in Borrower's Payment Schedule, and subsequent payments will be due on the same day of each month after that. Lender will apply each payment received as of the date it is received. If on the final scheduled payment due date, Borrower still owes amounts under this Note, Borrower will pay those amounts in full on that date (the "Maturity Date"). If Borrower fails to pay amounts still owed under this Note on the Maturity Date, Lender will continue to compute and charge, and Borrower will pay, interest on the unpaid amount of the Unpaid Balance at the Note Rate until the unpaid amount of the Unpaid Balance of this Note is paid in full. Borrower will make all payments to Vanderbilt Mortgage and Finance, Inc., P.O. Box 9800, Maryville, Tennessee 37802, or any other address to which Lender later tells Borrower (in writing) to send Borrower's payments. THIS SPACE LEFT BLANK INTENTIONALLY ITEMIZATION OF AMOUNT FINANCED: 1. a. Amount of credit given to Borrower $15,400.00 b. Amount credited to Borrower's account with Lender $.00 2. Amounts paid to others on Borrower's behalf (1) To Insurance Companies (a) Property Insurance $.00 ** (b) $.00 ** (2) To Public Officials (a) Certificate of Title $.00 (b) Filing/Recording Fees $20.00 (3) To $.00 ** (4) To $.00 ** (5) To $.00 ** (6) To $.00 ** (7) To $.00 ** (8) To $.00 ** (9) To $.00 ** (10) To $.00 ** (11) To $.00 ** (12) To $.00 ** (13) To $.00 ** (14) To $.00 ** Total (items (1) through (14)) $20.00 3. Prepaid Finance Charges (may include items paid to third parties; items may be financed in part and paid in cash in part) (1) Financed (a) $.00 ** (b) $.00 ** (c) $.00 ** (d) $.00 ** (e) $.00 ** (f) $.00 ** (2) Paid in Cash (a) $.00 ** (b) $.00 ** (c) $.00 ** (d) $.00 ** (e) $.00 ** (f) $.00 ** 4. Unpaid Balance (1a + 1b + 2 + total of items in 3(1)) $15,420.00 5. Prepaid Finance Charges (total of all items in 3) $.00 6. Amount Financed (4 minus 5) $15,420.00 **Lender may retain, or receive, a portion of these amounts Security interest fees paid in cash (including filing fees and taxes) $.00 Security interest termination, release, discharge or satisfaction fees paid upon termination: $20.00 "e". This fee is not being paid by Borrower at closing, and is estimated for disclosure purposes. The actual amount paid at the time of termination of the security interest may be more or less than the estimate depending on the amount charged by the public official. "e" means estimate SECURITY INTEREST: To secure payment of all sums due or which become due under this Note, and Borrower's performance of all other terms of the Note, Borrower grants Lender a first priority security interest in (1) the Improvements, and all accessions, attachments, accessories, replacements, and additions to the Improvements, whether added now or later, (2) Borrower's rights to refunds of premiums for and payments under and proceeds of any insurance required by this Note, and (3) proceeds and products of all of the foregoing (collectively, the "Collateral"). Lender's security interest shall remain in effect until Borrower pays, in full, all amounts due under the Note. Despite any other provision of the Note, however, Lender is not granted, and does not have, a nonpurchase money security interest in household goods, to the extent such a security interest is prohibited by applicable law. Unless prohibited by law, Borrower will pay any filing or recording fees necessary for Lender to perfect and continue a first priority security interest. To the extent allowed by law, Borrower also agrees to pay any release, discharge, or termination fees after the Borrower pays the Note in full. Borrower agrees to execute any financing statement or other document necessary to perfect Lender's security interest in the Improvements. Borrower authorizes Lender to sign Borrower's name to any financing statement or application or other document necessary to perfect the security interest granted by Borrower herein. BORROWER'S RIGHT TO PREPAY: BORROWER MAY PREPAY ANY AMOUNTS DUE UNDER THIS NOTE AT ANY TIME WITHOUT PENALTY. A principal-only payment is known as a "Prepayment". Lender will not treat a payment as a Prepayment unless the Borrower previously made all monthly payments of principal and interest and fully paid and satisfied all other obligations due under this Note. If the Borrower meets these conditions, Borrower may make a Prepayment by sending such Prepayment in accordance with the written instructions provided by Lender in a coupon book, monthly billing statement, or otherwise. Borrower may make a full Prepayment or partial Prepayments without paying a Prepayment charge. If Borrower (1) prepays this Note in full or (2) defaults and fails to cure the default and Lender demands payment of the entire balance due on this Note, no portion of any Prepaid Finance Charge will be refunded. All Prepaid Finance Charges are earned at the time this Note is made. ASSUMPTION: Someone buying the Improvements may assume the remainder of Borrower's obligations under this Note on the original terms only if such person is approved by Lender. PROPERTY INSURANCE: Unless prohibited by law, Borrower is required to insure the Improvements against physical damage, including loss by fire and hazards included within the term "extended coverage," in an amount not exceeding the greater of the value of the Improvements or the Unpaid Balance of this Note for the term of the Note at Borrower's expense. Borrower may furnish the required insurance through existing policies Borrower owns or controls or by procuring and furnishing the insurance through any insurer authorized to transact insurance business in the state of Borrower's residence. The requirement set forth in this section does not apply if Borrower principally resides in Tennessee. SERVICING CHARGES: Borrower agrees to pay all reasonable charges for Lender's performance of additional services requested by Borrower in connection with the servicing of this Note, to the extent permitted by applicable law. These charges may include, but are not limited to, amortization schedule fee, document copy fee, deferral fee, duplicate year-end statement fee, name change fee, payoff statement fee, pay-by-phone fee or convenience fee (if Borrower elects to make a payment in a manner where such a fee is imposed, including, but not limited to, a wire transfer, electronic transfer, or through a web site), 24-month payment history fee, 36-month payment history fee, 48-month payment history fee, payment history greater than 48 months fee, coupon book re-orders, monthly account maintenance fee, and short payoff overnight fee. ADVANCES TO PROTECT THE COLLATERAL: If Borrower fails to pay for required insurance and principally resides in a state other than Tennessee, if Borrower fails to satisfy taxes, assessments, or other liens or encumbrances against the Collateral, if Borrower fails to keep the Collateral in good repair or if Borrower fails to make any other payments required by this Note or applicable law, Lender may (but is not required to) make such repairs or payments as Lender chooses. Lender will add any and all such payments and any amounts Lender pays to protect or enforce Lender's security interest to the amount Borrower owes Lender under this Note, and all such amounts will be secured by the Collateral. At Lender's sole option, Lender may (1) demand that Borrower repay these amounts immediately, or (2) add these amounts to Borrower's regularly scheduled payments, or (3) add these amounts as additional installments due, or (4) add these amounts to the final installment due on this Note. Unless prohibited by law, Borrower agrees to pay interest at the Note Rate on any amounts that Borrower does not repay immediately. DELINQUENCY AND DEFAULT: Time is of the essence. If a payment is more than 15 days late, Borrower agrees to pay the Late Charge indicated in the "Truth in Lending Disclosures" section of this Note. For purposes of determining whether a Late Charge will be assessed, if Borrower resumes making installment payments but has not paid all past due installments, subsequent payments will first be applied to the past due balance. If any check, negotiable instrument of withdrawal, electronic payment draft or any other instrument is dishonored by Borrower's financial institution, Borrower will pay a fee of $25, in addition to being required to make payment on the item. Borrower will be in default under this Note if: (1) Borrower fails to make any payment when due; (2) Borrower otherwise fails to perform any of Borrower's obligations under this Note, including maintaining insurance to cover physical damage to the Improvement(s) for the term of the Note; (3) Borrower dies or becomes legally unable to manage Borrower's affairs; (4) any statement of fact, representation, or warranty Borrower makes to Lender in Borrower's application for credit, any other document submitted to the Lender or signed by Borrower in connection with this Note is false, misleading, inaccurate, or incomplete; (5) Borrower is not the record owner of the real property where the Improvements are performed or installed at any time during the term of the Note; (6) Borrower defaults on any other loan from Lender; or (7) Borrower files a petition in bankruptcy, or a party files a petition in bankruptcy against Borrower. Upon default, Lender will give Borrower notice of the default and right to cure the default ("Notice of Default"). Borrower is not entitled to Notice of Default if Borrower abandons or voluntarily surrenders the Improvements or if other extreme circumstances exist. Borrower is not, under any circumstances, entitled to a Notice of Default more than twice in any one-year period. If Borrower does not cure the default within 30 days after the postmarked date of the Notice of Default, or if a Notice of Default is not required to be sent, Lender may (1) accelerate the maturity of the debt and require Borrower to pay Lender the entire remaining balance and all other amounts due under the Note, (2) require Borrower to make the Improvements available to Lender, (3) take legal action against Borrower, (4) enter the premises where the Improvements are located and repossess the Improvements, and (5) enforce such rights and remedies as are available to Lender under the Uniform Commercial Code and other applicable law. Lender, at its sole option and to the extent permitted by applicable law, may elect to sever and remove the Improvements from any real property where they are located. In the event of default, as permitted by law, Borrower also agrees to pay Lender's expenses for (a) reasonable attorney's fees not to exceed 15% of Borrower's Unpaid Debt after referral to an attorney who is not a salaried employee of the Lender and, to the extent written notice is required by applicable law, upon Borrower's failure to pay the Unpaid Balance within the time specified in the written notice; (b) court costs and disbursements; and (c) costs of repossessing the Improvements, including the costs of storage, reconditioning, and resale. Before Lender sells the Improvements, Borrower can get the Improvements back if Borrower either (1) pays off the Note by paying Lender the entire remaining balance and all other amounts due under the Note (redeem) or (2) cures the default by paying Lender the amounts which are past due, including late charges (reinstate). Regardless of whether Borrower redeems or reinstates, and before Borrower can get the Improvements back, Borrower must also (1) pay Lender the cost of taking, storing, and redelivering the Improvements and other expenses Lender incurs; (2) pay Lender all other charges and other expenses provided for under this Note; and (3) cure any other defaults. Borrower's rights to redeem and/or reinstate end upon sale of the Improvements unless otherwise required by law. All rights and remedies under this Note are cumulative. Any personal property of Borrower's attached to the Improvements and not subject to Lender's security interest may be held by Lender without liability if the Lender repossesses the Improvements. Borrower will be deemed to have waived any claim to such personal property unless written demand by certified mail is made upon Lender within twenty-five (25) days after repossession. If Borrower fails to give Lender such written demand, Lender may dispose of such personal property. INFORMATION SHARING: Lender may investigate Borrower's credit history and credit capacity in connection with establishing, modifying, extending, and/or enforcing Borrower's account and share information about Borrower and Borrower's account with credit reporting agencies and others as allowed by law. Lender also may verify Borrower's employment, income, assets, and debts, and anyone receiving a copy of this Note is hereby authorized to release such information to Lender. Borrower authorizes Lender to release to third parties any information necessary to monitor the status of insurance on Borrower's Improvements. OTHER TERMS AND CONDITIONS: Borrower will not remove the Improvements without Lender's prior written consent. Borrower will not sell the Improvements without Lender's prior written consent. Borrower agrees that the Improvements are, and shall remain during the term of this Note, personal property. Unless Lender gives prior written consent, Borrower shall not allow the Improvements to become a part of real estate or to lose their status as personal property under applicable law. Borrower will not encumber or abandon the Improvements nor allow any mechanics lien, which may by law be superior to Lender's security interest, to encumber the Improvements. Borrower will not use the Improvements for illegal activity. Borrower will not use the Improvements for business or hire or rent them to another party without obtaining Lender's prior written consent. Borrower will pay promptly any and all taxes, assessments, and liens and encumbrances on the Improvements. Borrower will notify Lender promptly of any loss or damage to the Improvements, as well as any condemnation, confiscation, or theft of the Improvements. Upon Lender's request, Borrower will promptly provide Lender with proof satisfactory to Lender that: (1) Borrower has the insurance required under this Note; (2) Borrower has paid all taxes assessed against the Improvements; (3) Lender holds the only lien against the Improvements; (4) the Improvements are in good condition and repair; and (5) Borrower has complied with all of the promises Borrower made in this Note. Lender may inspect the Improvements at any time. If Borrower is married and is residing in a community property state, both Borrower's community property and separate property are liable for all payments under this Note. Borrower waives all marital rights, homestead exemption, and other exemptions relating to the Collateral. Borrower will cooperate with Lender regarding any requests after closing to correct any errors with respect to this Note or the transaction and agrees to provide any and all additional documentation deemed necessary by Lender to complete this transaction. Lender may rely on a telecopy, photocopy, electronically-imaged copy, or electronic copy of this Note as if it were an original, including use in legal proceedings or arbitrations. Borrower acknowledges and agrees that any copy of the Note provided to Borrower will not be the authoritative copy of the Note and that the copy maintained by or on behalf of Lender, or on behalf of Lender's secured parties, successors, or assigns, will be the authoritative copy of the Note. Borrower acknowledges that any third party used to facilitate this transaction may receive compensation from Lender for its services. WAIVER AND MODIFICATION: Lender's waiver of any default shall not constitute a waiver of any other default. Lender's failure to exercise its rights under this Note upon learning of Borrower's failure to procure the required property insurance or to pay taxes or other liens or other charges shall not be a waiver of Lender's right to accelerate the maturity of this Note and declare default herein. To the extent permitted by law, Borrower agrees to give up Borrower's rights to require Lender to do certain things. Borrower does not give up any rights that are provided in this Note. Unless the law or this Note provides otherwise, Lender is not required to: (1) demand payment of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time, or manner; or (3) give notice that Lender intends to make, or is making, this Note immediately due. VALIDITY AND EFFECTIVENESS: Wherever possible each provision of this Note shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Note is prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, but the remainder of such provision or the remaining provisions of this Note shall not be invalidated. This Note shall be governed both as to issues of formation and performance by the laws of the state where the Improvements were performed or are located and by applicable federal law. This Note shall have no effect until and unless signed or authenticated by Borrower. Lender does not intend to charge or collect any interest, charge, or fee greater than the law allows. If Lender charges or collects any amount greater than what the law allows, Lender will apply the excess to the Unpaid Balance and any other amounts due under the Note and shall refund any remaining excess. Lender will treat any amount applied to the Unpaid Balance as a partial Prepayment. ASSIGNMENT: Lender may assign this Note to any person or entity. All rights granted to Lender under this Note shall apply to any assignee of this Note. ENTIRE AGREEMENT: This Note shall constitute the entire agreement between Borrower and Lender. To the extent permitted by applicable law, Borrower agrees that no representations, oral or written, have been made to Borrower to induce Borrower to enter into this Note, except as set forth therein. OTHER WAIVERS: With respect to all disputes, claims, controversies, grievances, causes of action, including, but not limited to, common law claims, contract and warranty claims, tort claims, statutory claims, and, where applicable, administrative law claims, and any other matter in question ("Claims") arising from or relating to this Note, any products/goods or services sold or financed under this Note, any events leading up to this Note, the collection and servicing of this Note, and the interpretation, scope, validity or enforceability of this Note, except to the extent that Borrower establishes that the waiver is prohibited by law: A. Class Action Waiver: Borrower waives the right to participate as a representative or member in a class action or otherwise join Borrower's Claims with those of any other person. This waiver will remain enforceable even if any other provision of this Note is found to be unenforceable. Borrower and Lender agree that this waiver is made knowingly, willingly, and voluntarily. B. Jury Waiver: Borrower and Lender hereby expressly and irrevocably waive any right to a trial by jury of any Claims covered by this Note. This waiver will remain enforceable even if any portion of this Note is otherwise found to be unenforceable. Borrower and Lender agree that this waiver is made knowingly, willingly, and voluntarily. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR (BORROWER) COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR (BORROWER) SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR (BORROWER) HEREUNDER. NOTICE TO THE BORROWER: 1. DO NOT SIGN THIS NOTE BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. 2. YOU ARE ENTITLED TO AN EXACT COPY OF THE NOTE YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. 3. BY SIGNING THIS NOTE, YOU ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS NOTE. 4. AT ANY TIME, YOU HAVE THE RIGHT TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS NOTE WITHOUT PENALTY. CAUTION - IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. Date of this Note: 7/7/2021 BORROWER DocuSigned by: Norma E Ayala (Borrower) Norma E Ayala ASSIGNMENT BY VANDERBILT MORTGAGE AND FINANCE, INC. VANDERBILT MORTGAGE AND FINANCE, INC., hereby assigns to ________________________________ the foregoing Note, including all amounts payable by Borrower and the security interest in the Collateral, without recourse. Date: _______________ By: ____________________________ Title:____________________