IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
21st Mortgage Corporation,
Plaintiff,
v.
Misty M. Moulton;
and
All Unknown Occupants,
Defendants.
No. CJ-2026 - 1558
FILED IN DISTRICT COURT
OKLAHOMA COUNTY
MAR - 3.2026
RICK WARREN
COURT CLERK
PETITION
(REPLEVIN)
2003 CLAYTN Mobile Home
SERIAL NUMBER: CLW019175TX
(the “Collateral”)
21st Mortgage Corporation, (“Plaintiff”) files its Petition for Replevin (the “Petition”) and recovery against Misty M. Moulton (“Defendant”), and All Unknown Occupants. In support of the Petition, Plaintiff alleges and presents the following:
1. Plaintiff is duly licensed to conduct business in the State of Oklahoma.
2. Misty M. Moulton either contracted the indebtedness sued upon herein in Oklahoma County, is a resident of said county or the Collateral is located in Oklahoma County, and therefore venue is proper and this Court has jurisdiction over this matter.
3. Plaintiff is the original owner of the contract, the assignee of the original owner, or authorized by contract or power of attorney to bring this action on behalf of the obligee.
4. Plaintiff held the Contract prior to, at commencement of, and subsequent to the filing of this action.
FIRST CAUSE OF ACTION
(Repossession of collateral)
For the first cause of action against all Defendants, Plaintiff re-alleges paragraphs 1 through 4 above and further states:
5. On or about February 23, 2018, Misty M. Moulton executed a retail installment contract and security agreement (the “Contract”), for the purchase of the collateral described as follows:
2003 CLAYTN Mobile Home
SERIAL NUMBER: CLW019175TX
(the “Collateral”)
and all additions or accessions thereto or substitutions, replacements, proceeds or products thereof, which had been pledged on previous loans which Misty M. Moulton had with Plaintiff.
6. Plaintiff holds a duly perfected security interest and lien in and to the above described collateral.
7. By virtue of the security agreement executed by Misty M. Moulton, Plaintiff has a special ownership interest in the Collateral more particularly described above. Defendants have wrongfully detained the Collateral from the Plaintiff.
8. A default has occurred under the terms and provisions of the Contract, and therefore Plaintiff is entitled to the immediate possession of the Collateral, to foreclose its security interest in and to the Collateral described above, including all proceeds thereof, and to exercise all rights attendant to its status as a secured party.
9. Plaintiff verily believes that Defendants maintain dominion, possession, custody and control over the Collateral subject to Plaintiff's perfected security interest and lien.
10. Because the account is in default under the terms of the Contract, Plaintiff’s rights in the Collateral are superior to any right, title or interest of Defendants.
11. For purposes of the petition the Plaintiff believes the Collateral to have the value of at least the amount sued for herein.
12. The Collateral has not been taken in execution on any order or judgment against the Plaintiff, or for the payment of any tax, fine, or amercement assessed against
the Plaintiff, or by virtue of an Order for Delivery, or any other means or final process issued against the Plaintiff. This item of personal property is exempt by law from being so taken.
13. Plaintiff requests Defendants be restrained from concealing, damaging, destroying, transferring, encumbering or removing the Collateral from the County pending a hearing, and for such other relief as is proper. Defendants should be ordered to disclose to Plaintiff the exact location of the Collateral.
14. That Plaintiff be permitted to exercise its rights in the Collateral and in its discretion to sell or otherwise dispose of the Collateral, with the net proceeds of such sale to be credited towards the indebtedness sued upon herein.
15. Defendants All Unknown Occupants are named parties to this action based on their claim of some right, title or interest in the property which is the subject of this action and over which they claim dominion and control of the Collateral. Any right, title or interest, said Defendants may claim, in and to the Collateral which is the subject of this action, is junior, subsequent and inferior to the claim of the Plaintiff and any claim that said Defendants may claim should be denied herein. The relief requested to these Defendants is IN REM ONLY.
SECOND CAUSE OF ACTION AS TO Misty M. Moulton ONLY
For the second cause of action, Plaintiff re-alleges paragraphs 1 through 15 above and further states:
16. On or about February 23, 2018, Misty M. Moulton executed a retail installment contract and security agreement, whereby Misty M. Moulton promised to pay to the holder thereof the sum of $30,315.07, with interest accruing thereon at 7.900% per year as provided for in the Contract. A copy of the Contract is attached hereto and incorporated by reference as Exhibit A.
17. Under the terms of the Contract, Misty M. Moulton agreed to pay monthly installments in the amount of $366.21 plus insurance and taxes, beginning on April 1, 2018 with a final payment of $365.33. The account is in default for nonpayment. As of January 6, 2026, there is due to the Plaintiff from Defendant Misty M. Moulton under the Contract the sum of $10,534.88, plus accrued interest in the amount of $485.48 good through February 1, 2026 and continuing to accrue at the contract rate from the date of default until paid; late charges as set forth in the Contract; a reasonable attorney's fee; insurance advances by the Plaintiff, if any; and all expenses necessary to protect the property and realize upon the security interest and all costs of this action.
18. The Contract provides that if default occurs, Misty M. Moulton agrees to pay all reasonable costs incurred by Plaintiff in collecting same.
COMBINED PRAYER FOR RELIEF
WHEREFORE, premises considered:
1. FIRST CAUSE OF ACTION: RECOVERY OF COLLATERAL:
a. Plaintiff prays for a judgment against the Defendants that its security interest in the Collateral is foreclosed; that all defendants interest in the Collateral be adjudged subject, inferior and junior to the Plaintiff's interest and that the Plaintiff be awarded sole possession of the Collateral.
b. Further, Plaintiff prays that the Court adjudicate the inferiority of any claim and that the Court award the Plaintiff, complete, sole and independent possession of the Collateral, free and clear of any rights or claims of the Defendants. Said judgment requested against these said Defendants is In Rem Only.
2. SECOND CAUSE OF ACTION
a. Plaintiff prays for a judgment as to Defendants Misty M. Moulton in the sum of $10,534.88, plus accrued interest in the amount of $485.48 good
through February 1, 2026 and continuing to accrue at the contract rate from the date of default, until paid; late charges as set forth in the Contract; a reasonable attorney's fee; insurance advances by the Plaintiff, if any; and all expenses necessary to protect the property and realize upon the security interest and all costs of this action.
Respectfully submitted,
[hand signed]
Gretchen M. Latham- OBA No. 17523
41 E. 15th Street
Edmond, OK 73013
Phone: (405) 285-9718
[email protected]
ATTORNEY FOR 21ST MORTGAGE CORPORATION
VERIFICATION
I, Jordan Hatcher, a representative of 21st Mortgage Corporation with personal knowledge hereof do hereby state I have reviewed and read the foregoing Petition for Defendant Misty M. Moulton, ending #3120 (last four digits) and the content therein is true and correct to the best of my knowledge.
Jordan Hatcher
Representative of 21st Mortgage Corp.
Subscribed and sworn to before me this _____ day of February, 2026 by Jordan Hatcher.
Notary Public
(SEAL)
My commission expires: 5-24-27
PROMISSORY NOTE and SECURITY AGREEMENT - MANUFACTURED HOME
Triad Financial Services, Inc.
MEANING OF SOME WORDS. In this Promissory Note and Security Agreement (this "Note"), "you" and "your" mean anyone who signs this Note as Borrower. The words "we," "us," and "our" mean Triad Financial Services, Inc. Manufactured Home" or "Home" means the manufactured home, including the appliances in it (see Description of the Manufactured Home below), and "Loan" means the loan we made to you for the principal amount of $30,315.07. If there is more than one Borrower, each will be obligated separately and together to pay all sums due and to keep all promises made to us in this Note.
Borrower #1:
Misty M Moulton
9425 SE 29th St #97
Midwest City, OK 73130
Borrower #2:
<table>
<tr>
<th>ANNUAL PERCENTAGE RATE</th>
<th>FINANCE CHARGE</th>
<th>Amount Financed</th>
<th>Total of Payments</th>
<th>Date of this Promissory Note and Security Agreement</th>
</tr>
<tr>
<td>8.494%</td>
<td>$14,400.26</td>
<td>$29,544.06</td>
<td>$43,944.32</td>
<td>2/23/2018</td>
</tr>
</table>
Interest Rate And Payment Summary
<table>
<tr>
<th></th>
<th colspan="2">Rate & Monthly Payment</th>
</tr>
<tr>
<td>Interest Rate</td>
<td colspan="2">7.900 %</td>
</tr>
<tr>
<td>Principal + Interest Payment:</td>
<td colspan="2">$ 366.21</td>
</tr>
<tr>
<td>Estimated Taxes + Insurance (Escrow)</td>
<td colspan="2">$ 103.54</td>
</tr>
<tr>
<td>Total Estimated Monthly Payment</td>
<td colspan="2">$ 469.75</td>
</tr>
</table>
No Guarantee to Refinance. There is no guarantee that you will be able to refinance to lower your rate and payments.
Late Charge: If your payment is more than 15 days late, you will pay a late charge equal to 5% of the unpaid amount of the payment.
Security: You are giving a security interest in the Manufactured Home and related household goods.
Prepayment: You may prepay all or any portion of your debt under this Note at any time without penalty.
Assumption: Someone buying your Manufactured Home may, subject to conditions, be allowed to assume the remainder of the Note on the original terms.
Property Insurance: You may purchase required property insurance from any person of your choice that is acceptable to us. If you choose to purchase property insurance through us, the cost will be $972.45 for a term of 12 months.
Other Information: Refer to the rest of this Note for any additional information about security interests, nonpayment default, any required repayment in full before the scheduled date, and prepayment funds and penalties.
1. PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us $ 30,315.07 (Principal) plus simple interest as provided below.
When you sign this Note, you will also pay us any "Pre-paid Finance Charge" shown in the Itemization of Amount Financed. [X] If this box is checked, the Principal includes any Pre-paid Finance Charges as advertised to you. We will compute and charge interest at the provided annualized yearly rate of _______ 7.900 _______ (the "Note Rate"). Interest begins to accrue on 03/01/2018
With a schedule of interest, every year you will have _______ 360 _______ days.
You promise to pay interest at the Note Rate on the unpaid principal balance of this Note until it is paid in full, however, interest after the final scheduled payment of this Note shall not exceed the maximum rate allowed by statute.
You promise to pay the principal and interest by paying 12 monthly payments in the number and amounts of payments shown in the following Payment Schedule.
<table>
<tr>
<th>Number of Payments</th>
<th>Amount of Payment</th>
<th>When Payments are Due</th>
</tr>
<tr>
<td>119</td>
<td>$366.21</td>
<td>Due on the 1st of the month beginning 04/01/2018 and on the 12th thereafter.</td>
</tr>
<tr>
<td>1</td>
<td>$366.33</td>
<td></td>
</tr>
</table>
Your first payment will be due on the last date shown in the Payment Schedule, and subsequent payments will be due on the earliest day of each month after that. You will make each scheduled payment on or before its due date unless you have paid in full the Principal, accrued interest, and any other charges that you may owe under this Note as of 03/01/2018; you still owe amounts under this Note, you will pay those amounts as bill on Cr: date (the "Maturity Date").
Each payment will be applied as of its scheduled due date. Unless we agree differently in writing, or the law requires otherwise, payments will be applied in the following order: (1) any "Escrow Items" as provided in Section 9.F of this Note; (2) accrued unpaid interest; (3) Principal; (4) Advances to Protect Life Collateral as provided in Section 12.B of this Note; (5) unpaid collection costs; (6) any Honor Fee; (7) early reduction of principal.
You will make all payments to Triad Financial Services, Inc., 13901 Sutton Park Drive South, Suite 300, Jacksonville, FL 32224, or any other address to which we later tell you (in writing) to send your payments.
We do not intend to charge or collect any interest, charges, or fees that is more than the law allows. If we charge or collect any amount over what the law allows, we will apply the excess first to the unpaid scheduled monthly payments, and then refund any excess if you have paid in full all amounts you owe under this Note. Any amount applied to unpaid scheduled monthly payment will be included in your next payment.
ITEMIZATION OF AMOUNT FINANCED
1. AMOUNTS PAID TO YOU OR TO SELLER
a. Amount of Credit Provided to You $ N/A
b. Amount Credited to Your Account $ N/A
c. Amount Paid to Yes Homes 4 us, LLC
for manufactured home (including sales tax of $310.54) $ 28,224.54
d. Total Amount Paid to You or Seller $ 28,224.54
2. FEES PAID TO US
a. Buydown Points $ 0.00
b. Origination Fee $ 0.00
c. Processing Fee $ 749.00
d. Total Amount of Fees Paid to Us $ 749.00
3. AMOUNTS PAID TO PUBLIC OFFICIALS
a. Filing Fees Only $ 30.50
b. Other Amounts Paid to Public Officials $ 0.00
c. $ 0.00
d. Total Amount Paid to Public Officials $ 30.50
4. AMOUNTS PAID TO OTHERS:
a. To: For Broker Fee $ 0.00 *
b. To: Insurmark
For Property Insurance Premium $ 972.45 *
c. To: CBC
For Flood Fee $ 9.00 *
d. To: Triad Eco Chronos Mortgage Solutions, LLC
For Tax Service Fee $ 13.01
e. To: CBCinnovis
For Credit Report $ 5.05 *
f. To: YES Financial Services, LLC via FirstBank
For Initial Deposit to Escrow $ 310.52 *
g. To: For Homeowner Warranty $ 0.00 *
h. To: Closing Fees $ 0.00 *
i. To: Appraisal $ 0.00 *
j. To: Triad Eco The Work Number
For Verification of Employment $ 0.00 *
k. To: $ 0.00 *
l. To: $ 0.00 *
m. Total Amounts Paid to Others $ 1,311.03
5. PRINCIPAL BALANCE (1d + 2d + 3d + 4m) $ 30,315.07
6. LESS PREPAID FINANCE CHARGES $ 771.01
7. AMOUNT FINANCED (line 5 minus line 6) $ 29,544.06
* A substantial portion of these amounts may be paid to or retained by us.
Title & Filing Fees (if not financed) N/A
2. LATE CHARGE: DISHONORED CHECK CHARGE. Each time you fail to make a payment in full within 15 days of the date it is due, you will pay a late charge of five percent (5%) of the unpaid amount of such payment. Only one late charge may be collected on any installment no matter how long it remains in default. If a check, draft or similar instrument you give us for payment on your account is not paid or is dishonored by your financial institution, you will pay us a dishonored check charge of $25.00, or the maximum amount allowed by law, if less.
3. YOUR RIGHT TO PREPAY: YOU MAY PREPAY ANY AMOUNTS DUE UNDER THIS NOTE AT ANY TIME WITHOUT PENALTY. You have the right to make payments at any time before they are due. Unless we agree otherwise in writing, we will apply your prepayments to reduce your Principal balance. If you (1) prepay this Note in full or (2) default and fail to cure your default and we demand payment of the entire balance due on this Note, no portion of any Prepaid Finance Charge will be rebated unless required by law. We earn all Prepaid Finance Charges at the time the Note is made.
4. ASSUMPTION. Someone buying your Manufactured Home may subject to conditions be allowed to assume the remainder of this Note on the original terms. These conditions include the creditworthiness of the person proposed to assume the Note and our interest rates at the time of the proposed assumption. Other conditions also may apply.
5. DESCRIPTION OF THE MANUFACTURED HOME
Model: Used 2003 CLAYTON
Exterior: 80 x 10 CLWD019175TX
Manufacturer: Standard
The Manufactured Home Includes the following Appliances, Accessories and Furnishings:
Microwave | AC Units
Refrigerator | Steps
Oven/range | Accessory Shed
Washer | Stairing
Dryer | Dishwasher
Other | Deck
6. LOCATION OF THE MANUFACTURED HOME. Until all amounts owed under this Note are paid in full, you promise that the Manufactured Home will be located at the following address ("Your Address"):
9429 SE 29th St #97
Midwest City, OK 73130
You promise not to remove your Home from Your Address unless you get our permission in writing first.
We will send all notices concerning your Home to Your Address unless you provide a different mailing address below:
Street or Route: ____________________________
County __________________ State ______ Zip Code ____________
7. OUR SECURITY INTEREST. To secure payment of all sums due or which become due under this Note, and your performance of all other terms of this Note, you grant us a first priority security interest in (1) the Manufactured Home, and all current and future accretions, attachments, accessories, and additions to the Home, (2) your rights to refunds of premiums for end payments under, and proceeds of any insurance purchased using proceeds of the Note, (3) any substitutions or replacements of the foregoing, and (4) proceeds and products of all of the foregoing collectively, the "Collateral"). Our security interest shall remain in effect until you have paid in full all amounts due under this Note. Despite any other provision of this Note, however, we are not granted, and will not have, a non-purchase money security interest in household goods, to the extent such a security interest would be prohibited by applicable law. You will pay any time or recording fee necessary for us to get and keep in force our security interest, and any release, discharge, or termination fees, after the Note is paid in full. You authorize us to sign and file financing statements covering the Collateral without your signature. You authorize us to sign and file a copy of this Note as a financing statement
8. REQUIRED HAZARD INSURANCE You must insure the Manufactured Home against loss by fire and other hazards included within the term “included coverage”. Whenever the Manufactured Home is transported on the highway, you must have Trip Insurance. Whenever the Manufactured Home is located in an area that has been identified by the Federal Emergency Management Agency as an area having special flood hazards, you must get flood insurance.
This “Required Insurance” must be in an amount equal to the lesser of the actual cash value of the Manufactured Home or the remaining unpaid balance owed under this Note, with deductibles not to exceed $1,000 (the “Minimum Coverage”). The Required Insurance must: (1) be issued by an insurer, and have terms and conditions satisfactory to us; (2) name “Tribad Financial Services, Inc.” and its successors and assigns, as their interests may appear, as loss payee; (3) not permit the addition of any other loss payee to the insurance policy, unless we consent in writing; (4) provide that such insurance will not be canceled or modified without at least 30 days prior written notice to the loss payee; and (5) not include any disclaimer of the insurer’s liability for failure to give such notice.
You have the right to purchase insurance or provide existing coverage through any insurance company or agent of your choice that is reasonably acceptable to us.
You agree to keep the Required Insurance in force until all amounts you owe us under this Note are paid in full. You will provide us with two original insurance policies, or other proof satisfactory to us of the Required Insurance. You will provide us with proof of renewal of the Required Insurance at least 30 days prior to any scheduled termination. You grant and assign to us the proceeds of any and all insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake insurance which in type or amount is beyond the Minimum Coverage.
In the event of a loss to the Manufactured Home, you shall give prompt notice to us and the insurance carrier. If you fail to promptly notify or make proof of loss to the insurance carrier, we may do so on your behalf. In the event of loss or damage to the Manufactured Home, we may require additional security or arrangements of payment before we allow insurance proceeds to be used to repair or replace the Manufactured Home. We may, if we want, use any insurance proceeds to reduce any amounts owed under this Note. You authorize us to adjust your losses, and sign your name to any check, draft or other papers necessary to obtain such insurance payments. You authorize any insurer to pay us directly. If insurance proceeds paid to us do not pay off all amounts you owe us under this Note in full, you are responsible for the balance.
If at any time you fail to buy or keep in force the Required Insurance, we may (but are not required to) get it for you at your expense. You agree that any insurance we purchase may be for the protection of only our interest in the Manufactured Home, may not fully protect you in the event of a loss, and may be for such reasonable period as we determine. If we decide, in our sole discretion, to obtain insurance, we will notify you of that fact. You understand that the insurance premium may be higher if we must purchase the insurance. It might be the case if you find purchase and/or insurance.
You agree that we or one of our affiliates may rely on a fee or commission in connection with placement of any insurance sold in connection with this Note to the extent permitted by law. You authorize us to sell or to third parties any information necessary to monitor the status of insurance on your Manufactured Home and to get the insurance described in this Note.
If you have purchased any insurance on your behalf, at your expense, and if you pay in full all amounts you owe under this Note, (1) we will provide you with any note required by applicable law, and (2) you have the right to cancel the insurance and receive a refund or credit of unexpired premium or to continue the insurance, but unless you specifically request cancellation, the insurance will remain in effect until the scheduled expiration date.
9. CARE OF THE COLLATERAL. You agree to:
A. Our Lien. You will do whatever is necessary for us to have a first priority security interest in the Collateral. You will not grant or permit any lien on the Collateral other than ours. You will sign any additional documents or provide us with any additional information we may require in connection with our security interest in the Collateral.
B. Use of the Home. You will keep the Manufactured Home in your possession and in good condition and repair. You will not use the Manufactured Home for business or rent it to someone else without getting our permission in writing first. You will use the Manufactured Home only for its intended and lawful purposes. You will not allow the Manufactured Home to become part of the real estate without getting our permission in writing first.
C. No Sale. You will not sell or transfer any rights in the Collateral without getting our permission in writing first.
D. Taxes and Assessments. You will pay when due any parking lot fees or related charges, and all taxes, fines, expenses, and assessments on or against the Manufactured Home.
E. Our Right to Information. You will notify us promptly of any loss or damage to, or confiscation or theft of the Manufactured Home. When we ask for it, you promptly will provide us with proof that (1) you have the Required Insurance; (2) all taxes assessed against the Manufactured Home have been paid; (3) all parking lot rent (and any other related charges) due have been paid; (4) our lien is the only lien against the Collateral; and (5) the Manufactured Home is in good condition and repair. You will provide us reasonable access to inspect the Manufactured Home. If your Manufactured Home is on rented property, you authorize us and your landlord to exchange information about our security interest in your Manufactured Home and past due payments on this Note, or your lease.
F. Escrow Items. To the extent permitted by law during the term of this Note, at our option we may require you to make monthly payments (“Escrow Payments”) for (1) premiums for Required Insurance, (2) taxes and assessments, and (3) other items which might attach priority over our security interest (each, an “Escrow Item”). We will use your Escrow Payments to pay Escrow Items as they come due.
G. Limited Power of Attorney. You grant us, and any corporate officers designated by us a limited power of attorney, which cannot be canceled, to sign any documents reasonably or properly to register or perfect our security interest in the Manufactured Home, or to insure, protect, sell or otherwise deal with the Manufactured Home in the event of your default. The power of attorney may not be used for a confirmation of judgment. You authorize us to sign your name to any document as necessary to collect proceeds of Required Insurance due us.
10. DEFAULT. You will be in default on this Note if: (1) you fail to mail when due any payment under this Note; or (2) you fail to keep up any other promise you have made in the Note; or (3) you fail to make rental payments when due, or to pay other charges and assessments relating to the real property and/or facility on which the Manufactured Home is located, or (4) you violate restrictive covenants, rules or regulations relating to the real property and/or facility where the Manufactured Home is located, or (5) you die, or become legally unable to manage your affairs; or (6) any statement of fact or representation or warranty you make to us in your application for credit or in this Note is false, misleading, inaccurate or incomplete.
11. NOTICE OF DEFAULT. If you are in default, we will send you a Notice of Default and Right to Cure. Default (the “Notice”), when required by law. The Notice is given so you know you are in default and how you can cure the default. If we are required to send you a Notice, we will not accelerate the unpaid balance of this Note, or repay any Collateral until after we send you the Notice, and any cure period it describes expires. We may not be required to send you a Notice if: (1) you have abandoned or surrendered the Collateral; (2) you received two Notices in the previous year period; or (3) other extenuating circumstances exist.
12. REMEDIES. If you are in default on this Note, we have all of the remedies provided by law and this Note. Before using a remedy, we will send you any notice, and wait out any cure period that the law may require for that remedy. Our remedies include the following:
A. Entire Balance Due Immediately. We may require you to immediately pay us in full of amounts you owe under this Note.
B. Advances to Protect the Collateral. We may, but are not required to: (1) pay taxes, insurance, premiums, fees, expenses, charges or assessments relating to the Manufactured Home; (2) satisfy liens on, or (3) make repairs to the Manufactured Home, if you have not done so as required in this Note. Any amounts we pay will be added to the balance you owe us and will be shown by
the Collateral. At our sole option, we may (1) demand that you repay these amounts immediately, (2) add those amounts to your regularly scheduled payments, (3) add those amounts as additional installments due, (4) add those amounts to the final installment due on this Note, or (5) demand that you repay these amounts in any other manner we request that complies with applicable law. You will pay us interest at the Note Rate on any such amounts, if properly demanded by you.
C. Attorney's Fees. You will pay our costs for collecting amounts you owe us, including notice, limitation, court costs, reasonable attorneys' fees (not to exceed fifteen percent (15%) of the unpaid debt after default if we refer your Note for collection to an attorney who is not our stated employee), and all other costs we incur to the extent permitted by applicable law.
D. Repossession. We may repossess the Manufactured Home if: (1) you are in default, and (2) you do not use any right to cure your default that you may have. After we follow these steps, we may repossess without giving you any further notice. We may repossess peacefully from the place where the Manufactured Home is located without your permission. We also may require you to make the Manufactured Home available to us at a place we designate that is reasonably convenient to you and us. At our option, to the extent permitted by law, we may detach and remove the Manufactured Home from the real property on which it is located, or we may take possession of it and leave it on the real property. You agree to cooperate with us if we exercise these rights.
If we repossess the Manufactured Home, and you do not exercise any right to cure or redeem the Manufactured Home that you may have, we may dispose of it as required by applicable law. We will give you written notice before any repossession sale. The notice shall be sent to Your Address or to any other address which you later give us in writing.
E. Fore sale you still may get back the Manufactured Home if you: (1) pay us all instruments due or post due at the time of delivery of the Manufactured Home back to you, (2) pay us all unpaid late or other red charges, (3) pay us our costs of suit, including but not limited to attorneys' fees, to which we have a right under this Note, (4) cure any other defaults which may have occurred, and (5) pay us the expenses of removing, repairing and storing the Manufactured Home allowed by law. We will apply the proceeds of any repossession sale: (a) first, to our expenses in selling the Manufactured Home; then (b) to our costs of removing, repairing and storing the Manufactured Home; then (c) to our reasons late and actual court costs and any attorneys' fees and collection costs to which we have a right under the terms of this Note; then (d) to late charges; and then (e) to the balance still due.
If there is any surplus money from the repossession sale, it will be refunded to you. If there is still a balance due us, you must pay it to us.
If we repossess, we also may take possession of any other property anywhere in or attached to the Manufactured Home. We agree to return all such property to you upon your request. We may hold the property for you at your risk without liability on our part. If we take possession of any such property, we will notify you in writing. If you do not take claim and take possession of this property, we have your permission to dispose of it in a reasonable manner. You will pay any reasonable charges that we may incur for storing or shipping such property.
F. Cancel Financial Insurance. We may cancel any insurance we financed for you, obtain a refund of unearned premium, and apply it against amounts owing under this Note.
G. Suit for Deficiency. Except as prohibited by law if the repossession proceeding does not pay in full all of the amounts you owe under this Note, we may sue you for the remaining balance.
H. Cumulative Remedies. By choosing any one or more of these remedies, we do not lose our right to their use or, or more other remedies, except as limited by applicable law. Exercising of any one or more remedies against you or more of you will not prevent us from pursuing any other remedy and we die against any one or more of you in the future. If we do not act on any default, we do not give up our right to take it. In that type of event as a default.
13. OTHER TERMS AND CONDITIONS. You agree: (A) that if you are married and residing in a community property state, both your community property and separate property will be liable for all payments due under this Note, (B) that you waive all marital rights, homestead exemption and other exemptions relating to any property in which you granted us a security interest; (C) that to curing clerical errors, or to facilitate our sale of any interest in this Note to an investor or to further the intent of this instrument as contemplated, within fifteen (15) days of our request to the extent permitted by law, you will (i) execute, imprint, and deliver to us any documents we require, and (ii) cooperate and take any action we reasonably request.
14. OBLIGATIONS INDEPENDENT. Each of you who signs this Note, including any guarantor, is responsible independently to pay all amounts which are due or become due under it and to keep the other promises made in this Note. Each of you has this responsibility even if (1) someone else has also signed it; or (2) we release or do not try to collect amounts due from another who is also responsible to pay this Note; or (3) we release any security or do not try to take back any Collateral; or (4) we give up any other rights we may have; or (5) we extend new credit or renew or modify this Note.
15. WAIVER. Unless the law of the Note provides otherwise, we are 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 we intend to make, or we making, this Note immediately due.
16. CREDIT INFORMATION. We may investigate your credit history and credit capacity in connection with opening, updating, modifying, extending, and/or collecting your account, and share information about you and your account with credit reporting agencies. We also may verify your employment, income, assets, and debts, and anyone receiving a copy of this Note is hereby authorized to release such information to us.
17. LAW THAT APPLIES TO THIS NOTE. This Note is governed by the applicable laws and regulations of the United States and of the state where the Home is to be located.
18. ENTIRE AGREEMENT. This Note states the entire agreement between you and us, and may be changed only by a writing signed by you and us.
19. VALIDITY. Whenever possible each provision of this Note shall be interpreted in such a manner as to be effective and valid under applicable law. If a court decides that any part of the Note is not valid, the rest of the Note will be binding and effective.
[This space intentionally left blank]
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
YOU ACKNOWLEDGE THAT ON 2/23/2018, YOU READ, SIGNED, AND RECEIVED A COPY OF THIS NOTE WITH ALL BLANKS COMPLETED.
[Signature]
Misty M Moulton
Printed Name
GUARANTEE OF BORROWER'S PROMISES. The undersigned, jointly and severally, agree(s) to pay amounts due on this Note as of today's date and until all amounts due on this Note are paid in full. The undersigned also agree(s) to all the terms and conditions of this Note.
On N/A (we) read, signed, and received a completely filled in copy of this Note.
Cosigner: X N/A
For Persons with No Personal Liability on the Note
You are signing this Note only to give us a security interest in the Collateral. You agree to all of the terms and conditions of this Note. You also are waiving any homestead rights to the extent permitted by law. However, you have no personal obligation to pay this Note.
X N/A
Oklahoma Tax Commission
Motor Vehicle Division
Post Office Box 269061
Oklahoma City, Oklahoma 73126
Lien Entry Form
Debtor Names and Address (Last Name First)
Misty M Moulton
Names(s)
9420 SE 29th St #97
Address
Midwest City, OK 73130
City, State, Zip
YES Financial Services, LLC c/o FirstBank
Secured Party Name
520 W Summit Hill Dr Ste 801
Address
Knoxville, TN 37902
City, State, Zip
this lien entry form covers the following vehicle
2003 CLAYTN Manufactured Home
Year Make Body Type
CLW019175TX
Vehicle Identification Number (VIN/HHN)
02/23/2018 Date of Security Agreement
Original Oklahoma Title Number
02/23/2018 Date Executed
Secured Party Assignee Signature
Lender must type and print four (4) identical copies of the Lien Entry Form. Type one Lien Entry Form for each vehicle, boat or outboard motor.
<table>
<tr>
<th colspan="2">Fees (vehicles)</th>
<th colspan="2">Fees (boats, motors)</th>
<th colspan="2">Lien Only Filing</th>
</tr>
<tr>
<td>Lien Entry Fee</td><td>$ 10.00</td>
<td>Lien Entry Fee</td><td>$ 10.00</td>
<td>Lien Entry Fee</td><td>$ 10.00</td>
</tr>
<tr>
<td>Title Fee</td><td>$ 11.00</td>
<td>Title Fee</td><td>$ 2.25</td>
<td>Mail Fee</td><td>$ 1.50</td>
</tr>
<tr>
<td>Mail Fee</td><td>$ 1.50</td>
<td>Mail Fee</td><td>$ 1.50</td>
<td>Total</td><td>$ 11.50</td>
</tr>
<tr>
<td>Total</td><td>$ 22.50</td>
<td>Total</td><td>$ 13.75</td>
<td>Total</td><td>$ 11.50</td>
</tr>
</table>