Rocket Mortgage, LLC v. David Heriges, Danielle Heriges, Tinker Federal Credit Union, Midland Funding, LLC, State of Oklahoma ex rel Oklahoma Tax Commission, Occupant(s) of the Premises

IN THE DISTRICT COURT WITHIN AND FOR TULSA COUNTY STATE OF OKLAHOMA ROCKET MORTGAGE, LLC, Plaintiff, -vs- DAVID HERIGES; DANIELLE HERIGES; TINKER FEDERAL CREDIT UNION; MIDLAND FUNDING, LLC; STATE OF OKLAHOMA EX REL OKLAHOMA TAX COMMISSION; OCCUPANT(S) OF THE PREMISES; Defendants. FILED DISTRICT COURT TULSA COUNTY, OKLAHOMA March 6, 2026 1:33 PM DON NEWBERRY, COURT CLERK Case Number CJ-2026-1048 PETITION COMES NOW Rocket Mortgage, LLC (herein: "Plaintiff"), and for its causes of action against the above-named defendants, alleges and states as follows: 1. Plaintiff was at all times and is duly authorized to bring this action. 2. That David Heriges and Danielle Heriges (herein: "Borrowers"), who were at all times married, are obligated on a certain promissory note and mortgage described below. 3. Borrowers, for good and valuable consideration, made, executed, and delivered to AMERICAN SOUTHWEST MORTGAGE CORP., the original lender and Plaintiff's predecessor in interest, a certain written promissory note which is the subject of this action (herein: "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A." a. The Note is dated August 25, 2014; b. The Note is made in the amount of $57,600.00; c. The Note establishes an annual fixed interest rate of 5.250%; and d. The Note is indorsed in blank. 4. As part of the same loan transaction, and in order to secure the payment of the loan made, Borrowers made, executed, and delivered to Mortgage Electronic Registration Systems, Inc., AMERICAN SOUTHWEST MORTGAGE CORP., the original lender of the Note and Plaintiff's predecessor in interest, a mortgage and conveyed the mortgage to the mortgagee (herein: “Mortgage”). The mortgage encumbers the following property: The North Half of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter (N/2 N/2 SW/4 NW/4 NW/4) of Section Thirty-five (35), Township Nineteen (19) North, Range Ten (10) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, AND The South Half of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter (S/2 N/2 SW/4 NW/4 NW/4) of Section Thirty-five (35), Township Nineteen (19) North, Range Ten (10) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof. NOW KNOWN AS: Lot Ten (10), Block Six (6), ROCK CREEK ACRES, a Subdivision of part of Section 35, Township 19 North, Range 10 East, Tulsa County, State of Oklahoma, according to the recorded Plat thereof, (herein: “Property”) with a common address 5227 S 209th West Ave, Sand Springs, OK 74063. A true and correct copy of the Mortgage is attached as Exhibit “B.” a. The Mortgage is dated August 26, 2014; b. David Heriges and Danielle Heriges, husband and wife, signed the Mortgage; and c. The Mortgage was recorded in the Tulsa County Clerk’s Office on November 19, 2024, at Instrument No. 201404665. 5. By virtue of Warranty Deed, Borrowers are the present record owners of the subject Property. The Warranty Deed was recorded with the Tulsa County Clerk’s Office on November 19, 2014, at Instrument No. 2014104664. 6. The Borrowers are obligated on the subject Note and have not been released from liability thereon. 7. The Mortgage encumbers the real estate along with all the improvements, easements, appurtenances, and fixtures from the date of the execution to present and hereafter, as well as all replacements and additions to the Property. Mortgage, Ex. B. 8. Plaintiff is entitled to enforce the Note in accordance with OKLA. STAT. TIT. 12A, §3-301. 9. Plaintiff has complied with all the terms and conditions of the Note and Mortgage. 10. Borrowers are in default. The default claimed is failure to make payment, and the default date is October 1, 2024. The default has not been cured by any available means. 11. The Note and Mortgage provide that if default is made as to any of the terms of the Note and Mortgage by Borrowers, or if Borrowers fails to perform any of the other obligations described in the Note and Mortgage, that the entire unpaid principal, interest, and all other sums allowed and secured by the Note and Mortgage, shall become due and payable at the option of the Plaintiff. Further, in response to Borrower’s default, Plaintiff is entitled to foreclose the mortgage to recover all amounts due, and to have the Property sold and all proceeds applied to the payment of the entire indebtedness described, allowed, and secured by the Note and Mortgage. 12. Plaintiff has made demand and has accelerated this loan in accordance with the Note, Mortgage, and applicable law. 13. As a necessary measure in the furtherance of enforcing this Note and Mortgage, Plaintiff has incurred costs, which are a further lien upon the Property secured by the Mortgage. 14. The Note and Mortgage provide that the attorney fees incurred by Plaintiff in the enforcement of the Note and Mortgage are the responsibility of Borrowers and constitute a further lien on the Property secured by the Mortgage. 15. After consideration of all credits to this loan account, Plaintiff is due the sum of $47,198.75 in unpaid principal balance, with 5.250% interest per annum thereon, or as adjusted by the Note and Mortgage, from September 1, 2024, until paid; and all other costs of this action including title costs, late fees, NSF fees, escrow advances, corporate advances, property preservation costs, attorney fees, and all costs and fees associated with the furtherance of this action, which is a first, prior, and superior lien on the Property. 16. Borrowers may claim some right, title, lien, estate, encumbrance, claim, assessment, or other interest in the Property by virtue of a possible homestead interest which they may have or claim to have in the Property. 17. With respect to the additional defendants, Plaintiff alleges as follows: a. Additional defendant, Tinker Federal Credit Union, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of Statement of Judgment recorded at the Tulsa County Clerk’s Office on September 22, 2021, at Instrument No. 2021109989. b. Additional defendant, Midland Funding, LLC, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of Statements of Judgment recorded at the Tulsa County Clerk’s Office on February 1, 2022, at Instrument No. 2022011171; and on December 12, 2024, at Instrument No. 2024103503. c. Additional defendant, State of Oklahoma ex rel Oklahoma Tax Commission, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of Tax Warrant No. 2085220352 recorded at the Tulsa County Clerk’s Office on October 26, 2022, at Instrument No. 2022108413. d. Additional defendants, Occupant(s), if any, of the Premises, whose true and correct legal identities are unknown to the Plaintiff at this time, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of occupancy of the Property. e. Plaintiff further asserts that any right, title, lien, estate, encumbrance, claim assessment, or interest claimed by any defendant is subordinate and inferior to the mortgage lien claimed by Plaintiff. Plaintiff respectfully requests that each and every defendant claiming and interest in the Property be required to establish the claimed right herein or be barred forever for further asserting such a claim. WHEREFORE, Plaintiff prays for a judgment in personam against Borrowers in the amount of $47,198.75, with 5.250% interest per annum thereon, or as adjusted by the Note and Mortgage, from September 1, 2024, until paid; all abstracting and title costs incurred by Plaintiff to enforce the Note and Mortgage; all late charges; NSF fees; escrow advances; corporate advances; taxes; insurance premiums; property preservation charges; attorney fees; and all fees and costs associated with this action as allowed by the Note and Mortgage. FURTHER, Plaintiff prays for judgment in rem against Borrowers, the Property, the Premises, and all other defendants, awarding judgment as follows: All defendants have set out their purported claims to the Property or have waived their rights to do so. Plaintiff’s mortgage is declared a first, prior, and superior lien on the Property as to all other claims asserted, and further declaring that Plaintiff is entitled to all amounts set forth herein. That Plaintiff is entitled to foreclose the Mortgage, and the Property shall be sold for cash and that sale shall be had with appraisement. The proceeds of the sale shall be applied first to the payment of the costs incurred herein, and then to the satisfaction of the judgment amount, Mortgage, and lien asserted by Plaintiff. That Plaintiff’s Mortgage lien interest is prior, first, and superior to all other claims of defendants. That all right, title, claim, encumbrance, or interest claimed by any defendant shall be adjudged junior, inferior, and subject to Plaintiff’s Mortgage lien. That upon confirmation of the sale, that all and each of the defendants herein, be forever foreclosed, barred, and enjoined from asserting claim of a right, title, estate, encumbrance, or other interest of any nature to the Property. Finally, Plaintiff prays for any and all further relief this Court deems just and equitable. Respectfully submitted, Sally E. Garrison, OBA #18709 Alex S. Rivera, OBA #32269 Amy R. Sullivan, OBA #35938 Dalton Woodring, OBA #36492 The Mortgage Law Firm, PLLC 421 NW 13th Street, Suite 300 Oklahoma City, OK 73103 Telephone: (405) 246-0602 Facsimile: (405) 698-0007 [email protected] [email protected] [email protected] [email protected] Attorneys for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTE August 25, 2014 SAND SPRINGS, OKLAHOMA 5227 S. 209TH WEST AVE. SAND SPRINGS, OKLAHOMA 74063-4661 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $57,600.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is AMERICAN SOUTHWEST MORTGAGE CORP.. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.250%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on October 1, 2014. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on September 1, 2044, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at AMERICAN SOUTHWEST MORTGAGE CORP. 5900 MOSTELLER DRIVE, SUITE 10 OKLAHOMA CITY, OKLAHOMA 73112 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $318.07. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by MIN: ________ this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. DAVID HERIGES (Seal) -Borrower DANIELLE HERIGES (Seal) -Borrower (Sign Original Only) Loan originator (organization): AMERICAN SOUTHWEST MORTGAGE CORP.; NMLS #: ________ Loan originator (organization): AMERICAN SOUTHWEST MORTGAGE CORP.: NMLS #: ________ Loan originator (individual): MOORE, CHRISTOPHER SCOTT; NMLS #: ________ Allonge To Note Loan # Attached to Promissory Note Dated: AUGUST 25, 2014 Borrower Name (s): DAVID HERIGES AND DANIELLE HERIGES Property Address: 5227 S. 209TH WEST AVE. SAND SPRINGS, OKLAHOMA 74063-4661 Loan Amount: $57,600.00 Pay to the order of Without Recourse American Southwest Mortgage Corp By: ____________________________ [signature] Richard Carrington - President Jim Miller - Exec Vice President Ann Harry - Vice President Laura Thomas - Vice President WHEN RECORDED, MAIL TO: AMERICAN SOUTHWEST MORTGAGE CORP. c/o AMERICAN SOUTHWEST MORTGAGE CORP., Suite 10 OKLAHOMA CITY, OKLAHOMA 73112 This Instrument was prepared by: VINCE TROUTMAN AMERICAN SOUTHWEST MORTGAGE CORP. 3800 MORTON LEE DRIVE, SUITE 10 OKLAHOMA CITY, OKLAHOMA 73112 405-846-3649 ________________________ (Space Above This Line For Recording Date) MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated August 24, 2014, together with all Riders to this document. (B) "Borrower" is DAVID HARIGAS AND DANIELLE HARIGAS, HUSBAND AND WIFE. Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2056, Phila., DE 19998-2056, Tel. (800) 679-MERS. (D) "Lender" is AMERICAN SOUTHWEST MORTGAGE CORP., organized and existing under the laws of OKLAHOMA. (E) "Note" means the promissory note signed by Borrower and dated August 25, 2014. The Note states that Borrower owes Lender FIFTY-SEVEN THOUSAND SIX HUNDRED AND NO/100 Dollars ($57,600.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2044. (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and like charges due under the Note, and all sums due under this Security Instrument, plus interest. (Q) "Riders" means all Riders to this Security (attached but as executed by Borrower). The following Riders are to be executed by Borrower (check box as applicable): [ ] Adjustable Rate Rider [ ] Balloon Rider [1-1 Fixed Rider] [ ] Other [Specify] [ ] Consolidation Rider [ ] Fixed/Loan Development Rider [ ] Second Home Rider [ ] VA Rider (I) "Applicable Law" means all controlling applicable Federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial decisions. (J) "Community Association Debt, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (O) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic network, including Internet, computer, or magnetic tape as to an order, instruction, or authorization for a financial institution to debit or credit its account. Such term includes, but is not limited to, point-to-point transfers, automated teller machine transactions, transfers initiated by telephones, wire transfers, and automated clearinghouse transfers. (L) "Except Items" means those items that are described in Section 3. (M) "Hazardous Percnands" means any contamination, emission, spread of damages, or proceeds paid by any third party (other than Innocent persons) paid under an insurance described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) contamination or other take off of oil on any part of the Property; (iii) sewerage in lieu of land redemption; or (iv) subsequent removal of, or take off as to, the value and/or location of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Period Due Paid" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any escrowed under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and regulations that are imposed in regard to a "secured related consumer loan" even if the Loan does not qualify as a "secured related consumer loan" under RESPA. (Q) "Successor in Interest of Buyer(s)" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument conveys to Lender (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (ii) the performance of Borrower's covenants and agreements under the Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (such as secured for Lender and Lender's successors and assigns) and to the successors and assignee of MERS, with power of sale, the following described property located in the County of TULSA: SEE ATTACHED EXHIBIT A. Parcel ID Number: 57486-96-35-36591 which currently has the address at: 3221 E. 269TH WEST AVE, RAND SPRINGS, OKLAHOMA 74863-6901 ("Property Address"). TOGETHER WITH all the improvements now or hereafter added to the property, and all accessories, appurtenances, and fixtures now or hereafter part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to as the Security Instrument and the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property, and to take any action required of Lender including, but not limited to, releasing and extending this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and generally the title to the Property against all claims and demands, subject to any encumbrances of record. THESE SECURITY INSTRUMENTS contain uniform provisions for national use and non-uniform covenants with limited variations by jurisdiction to constitute a true form security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned unpaid for any reason, Borrower shall request that such as such returned check(s) under the Note and this Security Instrument be made in lieu or inures of the following items, as selected by Borrower: (a) cash; (b) draft(s); (c) money order(s); (d) certified check(s); (e) purchaser's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, indemnityassociation, or society; or (f) Electronic Funds Transfer. Documents of payment received by Lender when received at the location indicated in the Note or at such other locations as may be designated by Lender in accordance with the above provision(s) in Section 13, Lender may retain any payment or partial payment if the payment or partial payment are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payment in the future. Lender is not obligated to apply any payments at the time such payments are received. If each Periodic Payment is applied as of its established due date, then Lender has the option to forebear on any overdue Loan. In the event of any such forebearance, then Borrower must pay when due to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or abatement which Borrower might have calls or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements required by this Security Instrument 2. Application of Payments as per Procedures. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) fees and charges due under Section 1. Such payments shall be applied to each Periodic Payment in the order in which it becomes due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a designated Periodic Payment which includes a sufficient amount to pay any late charges plus any amount due under the Note, Lender may apply any portion of such payment after satisfaction of late charges to the principal due under the Note. If Lender receives a payment from Borrower which includes a sufficient amount to pay any late charges plus any amount due under the Note, but which is insufficient to satisfy both late charges and principal, Lender may apply any portion of such payment after satisfaction of late charges to the principal due under the Note. If Lender receives a payment from Borrower which includes a sufficient amount to satisfy both late charges and principal, Lender may apply any portion of such payment after satisfaction of late charges to the principal due under the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. A facility for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of escrowed sum for: (a) taxes and assessments and other Items which can attach priority over this Security Instrument as a lien or encumbrance on the Property; (b) Insurable property or personal property on the Property; (c) restrictions any and all liens tax required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any other payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premium as set out elsewhere with the provisions of Section 16. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Post, and Assessments, if any, be covered by Borrower and such dues, fees and assessments shall be an Escrow Item. Borrower shall properly furnish to Lender in notices of amounts to be paid under the Credit, Borrower will pay Lender the Funds for Escrow Items unless Lender and Borrower otherwise agree in writing. Borrower will pay the Fonds or all Escrow Items included in the Escrow Items to Lender within five days of its written demand and notice. Any such notice only or in addition to any such demand, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been received by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed as a covenant and agreement contained in the Security Instrument, as the "pure" "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Taxes hereinafter specified as a "waiver", and Borrower fails to pay the amount due on its Borrower Loan, Lender may exercise its rights under Section 15(a) and pay such assessments and Borrower shall then be obligated under Section 9 so repay to Lender any such amount. Lender may revoke the waiver set forth above in any or all Entered Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Fines, and in each case, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an account (a) subject to permit Lender to apply Out Funds at the time agreed by Lender and, thereby, use such funds as additional security, in addition and without affecting Borrower's right to demand payment of such funds from Lender, even on the basis of current debt and reasonable estimates of disposition of future Savings Items determined in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender). If Lender is an institution whose deposits are so insured or in an Federal Home Loan Bank, Lender shall apply the Funds to pay the Borrower Loans as soon as after the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually verifying the excess amounts, or verifying the Entered Items unless Lender pays Borrower interest on the Funds and Applicable Laws permit Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. If Fines payable in lieu of the obligations secured by this Security Instrument, Lender shall promptly refund to Borrower any Fines held by Lender. 4. Charges: liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions allocable to the Property which vest with priority over this Security Instrument unless Borrower: (i) gives written notice of the payment of these obligations issued by the Tax, in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (ii) contests the lien in good faith, by, or defense against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (iii) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which has a higher priority over this Security Instrument, Lender may give Borrower notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take any or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a cost-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards located within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This Insurance shall be maintained in the amounts (including deductibles) and for the periods that Lender requires. What Lender requires pursuant to the applicable policies can change during the term of the Loan. The insurance carrier providing such policies shall indemnify, by whatever means available, Lender against any losses. Borrower's failure to do so should not be viewed unreasonably. Lender may (without Borrower's consent in connection with this Loan, either: (a) a one-time charge for flood zone determinations, certifications and mapping services; or (b) a one-time charge for flood zone determinations and certification services and subsequent charges each time remapping or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall Doc # 2014104665 Page: 5 of 12 serve. Lender has right or might not protect Borrower's equity in the Property, if the contents of the Property, against any risk, hazard or liability and might provide greater or lesser cover so than was previously in effect. Borrower acknowledges that the cost of the coverage quoted or offered might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts deducted by Lender under this Section 1 shall be considered additional fees of Borrower owed by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower. All insurance policies required by Lender and renewal of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee under an additional loss payee. Lender shall have the right to hold the policies and received certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may seek a proof of loss if it is made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property; if the restoration or repair is substantially feasible and Lender's security is not released. During such repair and reconstruction period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided, however, that Lender may not seek a determination of the value of the Property after such inspection. If Borrower proceeds to negotiate payment or to a series of progress payments as the work is completed, Under an agreement (a similar to notation Applicable Law) requiring insurance proceeds to be paid to such insurance proceeds, Lender shall not be required to pay Borrower any balance or assign or release such proceeds. Fees for public adjusters or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not substantially feasible or Lender's security would be released, the insurance proceeds shall be applied in the order provided for in Section 2. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower does not restore the Property within 90 days after Lender provides Borrower with notice of default in repairing or restoring the Property or within 30 days after a notice of default in repairing or restoring the Property has been given, but Lender may negotiate and settle the claim. The 10-day period will begin when the notice is given. In either event, or if Lender acquires the Property without notice, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other value of Borrower's rights (other than the right to any refund of premium paid by Borrower) under all insurance policies covering the Property, whether or not such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not due then. B. Conveyance. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extraordinary circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property. Regardless, Borrower shall and diligently propose to preserve the property, allow the property to deteriorate or commit waste on the property. Whether or not Borrower's holding in the property, Borrower shall maintain the property in order to prevent the property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 1 that repairs or restorations is not substantially feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purpose. Lender may disburse proceeds for the repairs and restoration in a single payment or as a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligations for the betterment of such property or restoration. Lender in agent may make reasonable periodic inspections of the property. If it has reasonably reason, Lender may inspect the interior of the improvements on the property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any parent or omission notice of the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan, Material representations included, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Preservation of Lender's Interest in the Property and Rights Under this Security Instrument. (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or foreclosure, for enforcement, if a lien which may attach priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assuring the value of the Property, and repairing, removing the Property, and making such other actions as Lender thinks proper to protect and preserve Lender's interest in the Property and/or rights under this Security Instrument. (b) Borrower shall be responsible for all expenses incurred by Lender in connection with the enforcement of any of the provisions of this Section 9. If Lender causes the Property to be appraised for purposes other than those described above, Borrower shall pay the cost of such appraisal. Borrower agrees that Lender shall not be liable for any actions taken by Lender under this Section 9 unless Lender determines that the action was necessary to protect Lender’s interest in the Property and/or rights under this Security Instrument. All fees, charges, and expenses arising out of or related to the enforcement of any provision of this Section 9 shall be paid by Borrower. This Section 9 shall survive termination or discharge of this Note. 10. Miscellaneous. This Note is not assignable without written approval of both Lender and Borrower. Any assignment by either party without such approval will be void and ineffectual. Borrower understands and agrees that Lender can assign its rights and obligations hereunder to a third party, and Borrower waives any right it may have of notice of such assignment. Borrower further understands and agrees that Lender can assign its rights and obligations hereunder to a third party, and Borrower waives any right it may have of notice of such assignment. Borrower agrees that Lender may extend the term of the Note, raise the rate of interest, or change any other terms of this Note at any time without notice to Borrower. Borrower further agrees that Lender may extend the term of the Note, raise the rate of interest, or change any other terms of this Note at any time without notice to Borrower. 11. Borrower's obligations. If Borrower fails to comply with any provision of this Note or the accompanying Disclosure Statement, Borrower waives any right it may have to contest the validity of this Note or Borrower's obligations hereunder. 12. Notices. All notices required or permitted to be given to Borrower under or in connection with this Note shall be in writing and delivered personally or by certified or registered mail, return receipt requested, to Borrower at Borrower's address set forth in the Note. 13. Governing Law. This Note and the rights and obligations of Borrower hereunder shall be construed in accordance with the laws of the State of Oklahoma. 14. Venue. Each party hereto submits to the exclusive jurisdiction of the courts of the State of Oklahoma and the United States District Court for the Western District of Oklahoma, and each party consents to service of process out of any place where Borrower has its principal place of business, and waives the right to bring any action herein before any court other than such courts. 15. Entire Agreement; Waiver. This Note contains the entire agreement between Borrower and Lender relating to its subject matter and supersedes all prior agreements, negotiations, or representations, whether written or oral. Borrower acknowledges that Lender did not make any representations or warranties regarding the particular circumstances of Borrower except as set forth in the Note and any accompanying Disclosure Statement. Borrower hereby waives any right it may have to rely on representations or warranties made by Lender outside of the Note and any accompanying Disclosure Statement. 16. Brokers' Compensation. Borrower agrees that if Borrower is represented by a broker in connection with the making of this Note, Borrower will pay all compensation owed to such broker in accordance with applicable law and agrees to indemnify and hold harmless Lender from any claims, demands, or causes of action arising out of or related to any such representation by any broker. 17. Release. Borrower hereby releases and forever discharges Lender, its officers, directors, employees, agents, representatives, heirs, and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including attorney's fees and costs), of any kind or nature whatsoever, which Borrower may now or hereafter have or assert against Lender, its officers, directors, employees, agents, representatives, heirs, and assigns, in connection with Borrower's acquisition of the Property or the making of this Note. IN WITNESS WHEREOF, Borrower has executed this Note as of the date first above written. [Signature] Date BRECKINRIDGE SECURITIES, LLC as lender (b) Any such agreements will not affect the rights Borrower has—if any—with respect to the Mortgage Insurance under the Homeowners Protection Act of 1938 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, to stop or receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Perfumist. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender: If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property. If the restoration or repair is economically feasible and Lender's security is not impaired, during such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been accomplished to Lender's satisfaction provided that such inspection shall be unobtrusive prior only. Lender may pay for the repairs and restoration in full or in appropriate installments or in a series of smaller payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires otherwise to be paid in advance Miscellaneous Proceeds, Lender shall apply the amount of such Miscellaneous Proceeds, if any, on each Assessment Statement. If the restoration or repair is not economically feasible or Lender's security would be impaired, the Miscellaneous Proceeds shall be applied to the same secured by this Security Instrument, whether or not then due, such the amount, if any, paid to Borrower. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than or equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, in favor of Lender's interest in and under this Security Instrument as written, the total amount by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds established by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value in the event the amount of the sums secured immediately before the partial taking, destruction, or loss in value exceed the fair market value of the Property immediately before the partial taking, destruction, or loss in value or less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not then due. If the Property is abandoned by Borrower, or if after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 50 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owns Borrower Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, would result in forfeiture of the Property ("foreclosure"), impairment of Lender's interest in the Property, or both under this Security Instrument. Borrower waives notice of default. If Foreclosure has occurred as provided in Section 16, by omitting the action or proceeding to be commenced with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or sale for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Releasee; Parcels leased By Lender Not a Waiver. Retention of the lien for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any successor-in-interest of Borrower shall not operate to release the liability of Borrower or any successor-in-interest of Borrower. Lender shall not be required to commence proceedings against any successor-in-interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Borrower-in-interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, parties or successors in interest of Borrower or in amounts less than the amount then due, shall not be a waiver of nor prejudice the exercise of any right of remedy. 13. Joint and Several Liability Co-signers; Successors and Assigns Banned. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note(s) co-signer(s) is co-signing this Security Instrument only to mortgage, grant and certify the co-signer's interest in the Property. under the terms of this Security Instrument; (b) is not personally obliged to pay the taxes secured by this Security Instrument; and (c) agrees that Lender and any other Borrower will agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument if the Note without the co-owner's consent. Subject to the provisions of Section 16, any Borrower not named Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower should not assume without written consent of Lender; and any such assumption or agreement shall be invalid unless evidenced by writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purposes of protecting Lender's interest in the Property and rights under this Security Instrument including, but not limited to, attorney's fees, property judgment and vacation fees. In respect to any such fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be considered a violation; but absent such charging of such fees, Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum Loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund remains unpaid, the reduction will be treated as a partial prepayment without any pro-rata charges (whether or not a payment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower shall conclusively waive or any right of action Borrower might have arising out of such overcharges. If any notice provided by Lender or Borrower in connection with this Security Instrument must be by writing, except as otherwise required by Applicable Law, any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notices to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address or the most recently designated substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender obtains knowledge of Borrower's change of address, Borrower shall notify Lender of Borrower's changed address. Lender may mail notices and other documents that relate to Borrower or Borrower's obligations hereon to Lender's address as set forth on the front page hereof. Any notices mailed to Borrower's address as specified herein without notice to Lender shall be deemed delivered to Borrower. Borrower shall notify Lender of Borrower's changed address. If Borrower fails to notify Lender of Borrower's changed address, Lender shall mail all such notices and other documents relating to Borrower or Borrower's obligations to Lender's address as set forth on the front page hereof. As used in this Security Instrument: (a) words or the singular shall mean and include corresponding number words or words of the feminine gender; (b) words in the singular shall mean and include plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial title or interest in the Property, including, but not limited to, deed, beneficiary interests transferred by a bond or deed, stockout or deed, installment sales contracts, assignments, payment of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any interest in such Property is sold or transferred, Borrower is not entitled to receive or accept the proceeds of sale and each Borrower is obligated to indemnify and hold harmless Lender against the loss or damage by reason of any failure to do so. Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. IF Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 13 unless Borrower may pay all sums owed by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Release after Acceleration. If Borrower meets certain conditions, Borrower shall have the right to hereafter enforcement of this Security Instrument discontinued at any time prior to that part of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other periods as Applicable Law might specify for the termination of Borrower's right to repayment; or (c) entry of a judgment involving this Security Instrument. These conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note if as such amount had matured; (b) owns any defenses that Borrower has against the Seller; (c) gives Lender six months written notice of the intent to exercise Borrower's right; (d) has paid Lender, to reasonable attorney's fees, property inspection and valuation fees, and other fees for costs for the purpose of insuring Lender's interest in the Property and rights under this Security Instrument; and (e) takes such action as Lender may reasonably request to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unimpeded. Lender may require that Borrower pay such submittal taxes and assessments in one or more of the following forms: (i) cash; (ii) cashier's check; (iii) certified check; (iv) treasurer's check of another financial institution; provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (v) Electronic Funds Transfer. Upon repayment by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to release shall not apply in the case of acceleration under Section 19. 19. Sale of Note; Change of Loan Servicer/Notice of Offermen. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Principal Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer recorded to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will identify the previous Loan Servicer, the new Loan Servicer, information regarding what payments should be made and any other information required in connection with a change of transferee. If the new Loan Servicer is not the same as the previous Loan Servicer or a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations of Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined in any judicial action (or either an individual litigant or member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any agreement, or any duty owed to the other party, under this Security Instrument or any related transaction. Any such action must be brought within two years from the time the breach was or could have been discovered by Borrower. In the event of a suit which is commenced by the other party, Borrower may not intervene to dismiss the action, but may cross-claim or counter-sue the other party within a reasonable period after the giving of such notice or take corrective action, if Applicable Law provides such period which must expire before certain action can be taken; that three period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of payment by parent or Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined or listed as hazardous substances, pollutants, or wastes by Environmental Laws and include the following substances, chemicals, hazardous waste, hazardous or toxic waste, explosives, incendiaries, poisons, animal carcasses, animal remains, livestock, dead animals, radioactive substances, Freon chemicals, and radioactive materials; (b) "Environmental Laws" means federal laws and laws of the jurisdiction where the Property is located that relate to land safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action or removal activity as defined by Environmental Laws; and (d) to "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, or to in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (x) that is in violation of any Environmental Law; (y) that would contravene Environmental Condition; or (zz) that, due to the presence, use, or history of the Property, (aa) would cause, or potentially cause, any Hazardous Substance to be released into the air, water or soil, (bb) is associated with the presence, test, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be temporary or normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in customary preservatives). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other notice by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharging, releasing or Great of release of any Hazardous Substance; and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If the Lender learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Laws. Nothing herein shall create any obligation on Lender for any Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration. Upon notice, "notice" means five business days measured from the date required by Applicable Law prior to acceleration following payment of any overdue interest ("notice") in this Security Instrument (but not prior to acceleration under Section 19 under Applicable Law provided otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default(s) (i.e., a deed, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured); (c) that failure to cure the default or failure to bring the default in question into compliance in the notice may result in acceleration of the sum owed by this Security Instrument and sale of the Property; and (d) may other instructions required by Applicable Law. The notice shall further inform Borrower of the right to redeem after notice and demand and the right to bring an action to assert the non-existence of a default and/or a defense of Borrower to exclude notice and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may enforce its power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney's fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice in the manner required by Applicable Law to Borrower and any other person prescribed by Applicable Law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by Applicable Law. Lender or its designee may purchase the Property at such sale. The provisions of this sale clause are applicable in the event the property is sold pursuant to a judgment. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any acceleration costs within Applicable Law providing otherwise. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waiver of Appraisements. Appraisal of the Property is waived or not waived at Lender's option, which shall be evidenced before or at the time judgment is entered in any foreclosure. 25. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of $__________. 26. Notice and Sale. In a case where sale has been executed in this Security Instrument, a power of sale may allow the Lender to take the Property and sell it without notice to cause in a foreclosure action anew default by Borrower under this Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witness: [signed] DAVID HERGES Witness [signed] DANIELLE HERGES STATE OF OKLAHOMA, TULSA County The foregoing Instrument was acknowledged before me that 25TH day of AUGUST 2018 by DAVID HERGES AND DANIELLE HERGES, HUSBAND AND WIFE, Witness my hand and official seal. My Commission Expires: COMMISSION EXPIRES (signature) [signature] J. Allen 08 2018 NO EXPIRATION, OKLAHOMA 69 PAGE Loan originator (organization): AMERICAN SOUTHWEST MORTGAGE CORP., NMLS #: 4 Loan originator (individual): MOON, CHRISTOPHER SCOTT; NMLS #: 325 MS CHIANTI L. CLOUGH JR PMP Notary Public - State of Oklahoma Commission # 198695 My Com Exp 20 FEB 18 EXHIBIT A Legal Description THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (N2 N2 SW4 SW4 NW4 NW4) OF SECTION THIRTY FIVE (35), TOWNSHIP NINETEEN (19) NORTH, RANGE TEN (10) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S GOVERNMENT SURVEY THEREOF, AND THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (S2 N2 SW4 SW4 NW4 NW4) OF SECTION THIRTY-FIVE (35), TOWNSHIP NINETEEN (19) NORTH, RANGE TEN (10) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF. NOW KNOWN AS: LOT TEN (10), BLOCK SIX (6), ROCK CREEK ACRES, A SUBDIVISION OF PART OF SECTION 35, T-16-N, R-10-E, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. Being Property Conveyed by Sheriff's Deed from Stanley Glanz, Sheriff of Tulsa County, Oklahoma to Wells Fargo Bank, N.A. as Trustee for Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series 2007-OPT1, recorded May 7, 2013, In DOC # 2013044443, Tulsa County, Oklahoma.