MidFirst Bank v. William E. Berry

IN THE DISTRICT COURT WITHIN AND FOR OKLAHOMA COUNTY STATE OF OKLAHOMA MIDFIRST BANK, Plaintiff, -vs- WILLIAM E. BERRY; SPOUSE, IF ANY, OF WILLIAM E. BERRY; UNITED STATES OF AMERICA EX REL SECRETARY OF HOUSING AND URBAN DEVELOPMENT; TWIN LAKE HOMEOWNERS ASSOCIATION, INC.; OCCUPANT(S) OF THE PREMISES; Defendants. PETITION COMES NOW MIDFIRST BANK (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 William E. Berry (herein: “Borrower”), is obligated on a certain promissory note and mortgage described below. 3. Borrower, for good and valuable consideration, made, executed, and delivered to Molton, Allen, & Williams Mortgage Co. LLC, 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 February 23, 2005; b. The Note is made in the amount of $52,584.00; c. The Note establishes an annual fixed interest rate of 6.125%; 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, Borrower made, executed, and delivered to Mortgage Electronic Registration Systems, Inc., Molton, Allen, & Williams Mortgage Co. LLC, 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: Lot Four (4), of Block Four (4), in TWIN LAKES ADDITION, to Warr Acres, Oklahoma County, Oklahoma, according to the recorded Plat thereof. (herein: "Property") with a common address 5600 N Donald Avenue, Oklahoma City, OK 73122. A true and correct copy of the Mortgage is attached as Exhibit "B." a. The Mortgage is dated February 23, 2005; b. William E. Berry and Charlette M. Berry, husband and wife, signed the Mortgage; and c. The Mortgage was recorded in the Oklahoma County Clerk’s Office on February 24, 2005, at Book 9621, and Page 1921. 5. In addition to the Note and Mortgage described above, Borrower received and executed a Loan Modification. A true and correct copy of the Loan Modification is attached as an addendum to the Mortgage at Exhibit "C." The Loan Modification recorded on February 26, 2013, at Book 12172, and Page 1262, extended the maturity date, added capitalized interest and other amounts to the principal balance, and lowered the interest rate to 4.000%. 6. By virtue of Warranty Deed, Borrower is the present record owner of the subject Property. The Warranty Deed was recorded with the Oklahoma County Clerk's Office on February 24, 2005, at Book 9621, and Page 1921. 7. The Borrower is obligated on the subject Note and has not been released from liability thereon. 8. 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. 9. Plaintiff is entitled to enforce the Note in accordance with OKLA. STAT. TIT. 12A, §3-301. 10. Plaintiff has complied with all the terms and conditions of the Note and Mortgage. 11. Borrower is in default. The default claimed is failure to make payment, and the default date is February 1, 2025. The default has not been cured by any available means. 12. The Note and Mortgage provide that if default is made as to any of the terms of the Note and Mortgage by Borrower, or if Borrower 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. 13. Plaintiff has made demand and has accelerated this loan in accordance with the Note, Mortgage, and applicable law. 14. 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. 15. The Note and Mortgage provide that the attorney fees incurred by Plaintiff in the enforcement of the Note and Mortgage are the responsibility of Borrower and constitute a further lien on the Property secured by the Mortgage. 16. After consideration of all credits to this loan account, Plaintiff is due the sum of $18,784.26 in unpaid principal balance, with 4.000% interest per annum thereon, or as adjusted by the Note and Mortgage, from January 1, 2025, 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. 17. Borrower 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. 18. With respect to the additional defendants, Plaintiff alleges as follows: a. Additional defendant, Spouse, if any, of William E. Berry, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of any possible homestead interest which he/she may have or claim to have in or to the Property. b. Additional defendant, United States of America ex rel Secretary of Housing and Urban Development, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of a subordinate mortgage recorded at the Oklahoma County Clerk’s Office on February 26, 2013, at Book 12172, and Page 1272. c. Additional defendant, Twin Lake Homeowners Association, Inc., may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of a lien recorded at the Oklahoma County Clerk’s Office on July 13, 2015, at Book 12873, and Page 1466. 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 Borrower in the amount of $18,784.26, with 4.000% interest per annum thereon, or as adjusted by the Note and Mortgage, from January 1, 2025, 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 Borrower, 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 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] Attorneys for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTE Multistate February 23, 2005 [Date] 5600 N DONALD AVENUE, OKLAHOMA CITY, OKLAHOMA 73122 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Molton, Allen, & Williams Mortgage Co. LLC and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of Fifty Two Thousand Five Hundred Eighty Four and 00/100 Dollars (U.S. $ 52,584.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Six and One Eighth percent (6.125 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on April 1 , 2005 . Any principal and interest remaining on the first day of March 2035 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 1000 Urban Center Dr, Suite 500, Birmingham, ALABAMA 35242 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 319.51 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] [ ] Graduated Payment Allonge [ ] Growing Equity Allonge [ ] Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent (4 .000%) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. 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. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. WILLIAM E BERRY 0001004910-W080K1 WITHOUT RECOURSE, PAY TO THE ORDER OF Morgan Chase Bank NA MULTON, ALLEN & WILLIAMS MORTGAGE CO., LLC BY: ________________ DIANNE B. MITCHELL VICE PRESIDENT Allonge Borrower(s): BERRY WILLIAM E 5600 N DONALD AVENUE OKLAHOMA CITY, OK 73122 Loan Amount: $54,413.93 Loan #: _________ Note Date: 2/23/2005 PAY TO THE ORDER OF: MIDFIRST BANK without recourse JP Morgan Chase Bank, N.A. an Ohio Corporation __________________________ Brenda K Townsend Assistant Secretary AMERICAN GUARANTY TITLE CO. 4040 N. TULSA OKLAHOMA CITY, OK 73112 Return To: Molton, Allen, & Williams Mortgage Co LLC 1000 Urban Center Dr., Suite 500, Birmingham, ALABAMA 35242 Prepared By: Deonna Burgess , Molton, Allen & Williams Mortgage Co LLC 10555 Main Street Suite 200, Fairfax, VIRGINIA 22030 TAX ID: [redacted] State of Oklahoma MORTGAGE THIS MORTGAGE ("Security Instrument") is given on February 22, 2005 The Mortgagor is WILLIAM E BERRY, AND CHARLETTA M. BERRY, HUSBAND AND WIFE ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48591-2026, tel. (888) 679-MERS. Molton, Allen, & Williams Mortgage Co. LLC ("Lender") is organized and existing under the laws of DELAWARE , and has an address of 10555 Main St Suite 230 FAIRFAX, VIRGINIA 22030 . Borrower owes Lender the principal sum of Fifty Two Thousand Five Hundred Eighty Four and 00/100 Dollars (U.S.$ 52,584.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on March 01, 2035 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in OKLAHOMA County, Oklahoma: LOT FOUR (4) OF BLOCK FOUR (4), IN TWIN LAKES ADDITION, TO WARR ACRES, OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. Parcel ID Number: 186501613 which has the address of 5400 N DONALD AVENUE (City), Oklahoma 73122 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as 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 agent for Lender and/or Lender's successors and assigns), has the right to exercise any remedies available to Lender including, but not limited to, the right to foreclose and sell the Property; and to take any action necessary for the protection of record. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) insurance premiums, if group rates are on the Property, and (c) premiums for insurance required under Paragraph 9E, except in years in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required. If Lender still holds the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these sums are called "Escrow Items" and the sums paid to Lender are called "Escrow Items." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq., and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The following funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower fails to tender to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to foreclosure sale of the Property or as directed by Lender, Borrower's account shall be credited with any balance remaining for all installment for items (a), (b), and (c). 3. Applications of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary (unless the monthly charge does not include premiums); Second, to unpaid municipal assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; and Fourth, to amortization of the principal of the Note; and Fifth, to charges under paragraph 4. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualty, and extraordinary hazards, including fire, for which Lender requires insurance. This insurance shall be issued to Lender as assignee and for the periods that Lender requires. Borrower shall also insure the entire Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note as evidenced herein in full, (b) in payment to any delinquent accounts amounting to the sum in paragraph 5, (c) to the repayment of principal, or (d) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 7, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled to receive them. In the event of acceleration of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property. Borrower's Loan Application; Leaseholds. Borrower shall occupy, inhabit, and use the Property as its principal residence within sixty days after the execution of this Security Instrument (or within ninety days if later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or permit the charring of the Property or allow the Property to suffer unreasonable wear and tear except as Lender may request in the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or Borrower) provide Lender with any material information in connection with the sale or transfer of the Property, including but not limited to, representations regarding Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or other payment, direct or consequential, in connection with any condemnation, or sale, taking, or encroachment of the Property, or for conveyances in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled to receive them. 7. Claims to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items referred to in paragraph 2. Any expense incurred by Lender in connection therewith shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or does not join an enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) 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 may attach priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may charge fees and charges authorized by the Secretary. 9. Creditor for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or disposed of (other than by devise or donation), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender elects not to do so, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulation of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declaring its insurer this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Restatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable attorney costs. Even if Borrower fails to reinstate within ten days after instituting the foreclosure proceedings, the reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding; (ii) reinstatement would result in a fair and different ground of discharge or (iii) any other circumstances affect the priority of the liens created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not A Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against Borrower to collect second time for payment or otherwise enforce the payment of sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument bind Borrower and all persons claiming by, through or under the heirs, devisees, administrators, successors, transferors, assignees, purchasers, transferees, heirs, devisees, administrators, co-signers, joint tenants in common or tenants by the entirety, and any other person now or hereafter claiming by, through or under Borrower. Borrower's rights and obligations under this Security Instrument are joint and several, and each Borrower who signs this Security Instrument and/or any subsequent amendments hereto, whether or not he becomes personally liable for the payment of principal or interest under this Security Instrument, shall be bound by all of the terms contained herein and in any subsequent amendments hereto. Borrower waives presentment and notice of dishonor, nonreceipt and protest. Borrower acknowledges that Lender may extend the period of time for payment or otherwise accommodate itself with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The Note shall be delivered to the Property at such or other address as Borrower may designate by notice to Lender. All notices to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one confirmed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal business or home maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action 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. If Borrower learns, or is notified by any governmental or regulatory authority, which Borrower reasonably believes involves Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials consisting asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, Environmental Law means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for collection only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior agreement for the rents and has not and will not perform any act that would prevent Lender from enforcing its right under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedures. If Borrower fails to make payment in full under paragraph 9, Lender may invoke the power of sale or other remedies permitted by applicable law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' 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 described 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 assignee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12.U.S.C. 3701 et seq.) by requesting a foreclosures commissioner designated under the Act to commence foreclosure against all the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recording fees unless applicable law provides otherwise. 20. Waiver of Appraisal. Any appraisement of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. 21. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of U.S. $150.00. 22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated here and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check applicable) ☐ Condominium Rider ☐ Growing Equity Rider ☐ Other (specify) ☐ Planned Unit Development Rider ☐ Graduated Payment Rider NOTICE TO BORROWER A power of sale has been granted in this Security Instrument. A power of sale may allow the Lender to take the property and sell it without going to court in a foreclosure action upon default by Borrower under this Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) annexed by Borrower and recorded with it. Witnesses: (Seal) WILLIAM E BERRY -Borrower Charletta M. Berry (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower STATE OF OKLAHOMA, The foregoing instrument was acknowledged before me this February 23, 2005 WILLIAM E BERRY AND CHARLETTA N. BERRY, HUSBAND AND WIFE Witness my hand and seal on this date. Becky Feikema Notary Public OKLAHOMA My Commission Expires: 2/10/2006 EXHIBIT "A" This mortgage is executed and delivered by CHARLETTA M. BERRY, spouse of the mortgagor for the purpose of subjecting to the lien of this mortgage all such spouse's right, title and interest in and to the mortgaged premises, whether homestead or otherwise, and it is understood that by executing this instrument, the said spouse of the mortgagor does not hereby agree to perform any of the terms, covenants or conditions of this mortgage or to pay any of the indebtedness hereby secured. [signature] INITIAL [signature] INITIAL Recording Requested By/Return To: JPMORGAN CHASE BANK, N.A. MHA DEPARTMENT 750 KANSAS LANE 2ND FLOOR, LA4-3125 MONROE, LA 71203 RECEIVED MTG TAX $ 5000.00 PAID as FEBRUARY 22nd 2013 RCPT #22 FOREST "BUTCH" FREEMAN OKLA.CC TREASURY BY [Initial] [Title] [Space Above This Line For Recording Data] FHA HOME AFFORDABLE MODIFICATION AGREEMENT (Step Two of Two-Step Documentation Process) FHA Case Number The current principal balance of $43,709.85 remains unchanged as a result of this modification. The unpaid principal balance of the loan, as modified, is $43,709.85. The original principal balance of the loan on which mortgage/recording taxes were previously paid was $52,584.00. Loan Number Borrower ("*"): WILLIAM E BERRY AND CHARLETTA M BERRY HUSBAND AND WIFE Lender or Servicer ("Lender"/"Mortgagee"): JPMORGAN CHASE BANK, N.A. Date of first lien mortgage, deed of trust, or security deed ("Mortgager") and Note ("Note"): FEBRUARY 23, 2005 Loan Number: Property Address ("Property"): 5600 N DONALD AVE, OKLAHOMA CITY, OKLAHOMA 73122 LEGAL DESCRIPTION: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF OKLAHOMA, COUNTY OF OKLAHOMA, CITY OF OKLAHOMA CITY, AND DESCRIBED AS FOLLOWS: LOT FOUR (4), OF BLOCK FOUR (4), IN TWIN LAKES ADDITION, TO WARR ACRES, OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. APN: REFERENCE NUMBERS OF DOCUMENTS MODIFIED: RECORDED FEBRUARY 24, 2005 BOOK 9621 PAGE 1932 Tax Parcel No: *If more than one Borrower or Mortgagor is executing this document, each is referred to as "I." For purposes of this document words signifying the singular (such as "I") shall include the plural (such as "we") and vice versa where appropriate. FHA/HOME AFFORDABLE MODIFICATION AGREEMENT with PRA 08-15-2011 ver. 12_14_2012_11_45_34 WT466 (page 1 of 10 pages) Loan Number If my representations in Section 1 continue to be true in all material respects, then this FHA Home Affordable Modification Agreement ("Agreement") will, as set forth in Section 3, amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are referred to as the "Loan Documents." Capitalized terms used in this Agreement and not defined have the meaning given to them in Loan Documents. I understand that my Mortgage and Note are governed under the applicable laws and regulations of the Federal Housing Administration ("FHA"), and this Modification Agreement is further subject to my compliance with the requirements of FHA under this modification program (the "Program") as announced from time to time. I understand that after I sign and return two copies of this Agreement to the Lender/Mortgagee, the Lender/Mortgagee will send me a signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section 2 have been satisfied and the Lender/Mortgagee has executed a counterpart of this Agreement. 1. My Representations. I certify, represent to Lender/Mortgagee and agree: A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan Documents, and (ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. I live in the Property as my principal residence, and the Property has not been condemned; C. There has been no change in the ownership of the Property since I signed the Loan Documents; D. I have provided documentation for all income that I receive (and I understand that I am not required to disclose child support or alimony unless I chose to rely on such income when requesting to qualify for the Program); E. Under penalty of perjury, all documents and information I have provided to Lender/Mortgagee in connection with this Agreement, including the documents and information regarding my eligibility for the Program, are true and correct; F. If Lender/Mortgagee requires me to obtain credit counseling in connection with the Program, I will do so; and G. I have made or will make all payments required under a Trial Period Plan or Loan Workout Plan. 2. Acknowledgements and Preconditions to Modification. I understand and acknowledge that: A. TIME IS OF THE ESSENCE under this Agreement. This means I must make all payments on or before the days that they are due; B. If prior to the Modification Effective Date as set forth in Section 3 the Lender/Mortgagee determines that any of my representations in Section 1 are no longer true and correct, the Loan Documents will not be modified and this Agreement will terminate. In that event, the Lender/Mortgagee will have all of the rights and remedies provided by the Loan Documents; and C. I understand that the Loan Documents will not be modified unless and until (i) I receive from the Lender/Mortgagee a copy of this Agreement signed by the Lender/Mortgagee, and (ii) the Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Lender/Mortgagee will not be obligated or bound to make any modification of the Loan Documents if I fail to meet any one of the requirements under this Agreement. D. I understand and agree that if I was discharged in a Chapter 7 bankruptcy proceeding subsequent to the execution of the Loan Documents, I am voluntarily entering into this modification for the benefits to be obtained thereby and not as a reaffirmation of the debt evidenced by the Note, and I further understand and agree, and the Lender/Mortgagee, by its execution of this Agreement also agrees, that nothing contained herein is intended to impose personal liability for the Loan in violation of such discharge. 3. The Modification. If my representations in Section 1 continue to be true in all material respects and all preconditions to the modification set forth in Section 2 have been met, the Loan Documents will automatically become modified on FEBRUARY 01, 2013 (the "Modification Effective Date") and all unpaid late charges that remain unpaid will be waived. I understand that if I have failed to make any payments as a precondition to this modification under a workout plan or trial period plan, this modification will not take effect. The first modified payment will be due on FEBRUARY 01, 2013. A. The new Maturity Date will be: JANUARY 01, 2043. B. The modified principal balance of my Note will include all amounts and arrearages that will be past due as of the Modification Effective Date (including unpaid and deferred interest, fees, escrow advances and other costs, but excluding unpaid late charges, collectively, "Unpaid Amounts") less any amounts paid to the Lender/Mortgagee but not previously credited to my Loan. The new principal balance of my Note will be $43,708.85 (the "New Principal Balance"). I understand that by agreeing to add the Unpaid Amounts to the outstanding principal balance, the added Unpaid Amounts accrue interest based on the interest rate in effect under this Agreement. I also understand that this means interest will now accrue on the unpaid interest that is added to the outstanding principal balance, which would not happen without this Agreement. C. Interest at the rate of 4.600% will begin to accrue on the New Principal Balance as of JANUARY 01, 2013 and the first new monthly payment on the New Principal Balance will be due on FEBRUARY 01, 2013. My payment schedule for the modified loan is as follows: Loan Number <table> <tr> <th>Years</th> <th>Interest Rate</th> <th>Interest Rate Change Date</th> <th>Monthly Principal and Interest Payment Amount</th> <th>Estimated Monthly Escrow Payment*</th> <th>Estimated Total Payment</th> <th>Payment Begins on</th> <th>Number of Monthly Payments</th> </tr> <tr> <td>1 - 30</td> <td>4.000%</td> <td>01/01/2013</td> <td>$208.68</td> <td>$147.59</td> <td>$356.27</td> <td>02/01/2013</td> <td>360</td> </tr> </table> May adjust periodically May adjust periodically "The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. The above terms in this Section 3.C. shall supersede any provisions to the contrary in the Loan Documents, including but not limited to, provisions for an adjustable or step interest rate. I understand that, if I have a pay option adjustable rate mortgage loan, upon modification, the minimum monthly payment option, the interest-only or any other payment options will no longer be offered and that the monthly payments described in the above payment schedule for my modified loan will be the minimum payment that will be due each month for the remaining term of the loan. My modified loan will not have a negative amortization feature that would allow me to pay less than the interest due resulting in any unpaid interest to be added to the outstanding principal balance. D. I will be in default if I do not comply with the terms of the Loan Documents, as modified by this Agreement. E. If a default rate of interest is permitted under the Loan Documents, then in the event of default under the Loan Documents, as amended, the interest that will be due will be the rate set forth in Section 3.C. 4. Additional Agreements. I agree to the following: A. That all persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, unless (i) a borrower or co-borrower is deceased; (ii) the borrower and co-borrower are divorced and the property has been transferred to one spouse in the divorce decree, the spouse who no longer has an interest in the property need not sign this Agreement (although the non-signing spouse may continue to be held liable for the obligation under the Loan Documents); or (iii) the Lender/Mortgagee has waived this requirement in writing. 6. That this Agreement shall supersede the terms of any modification, forbearance, Trial Period Plan or Workout Plan that I previously entered into with Lender/Mortgagee. C. To comply, except to the extent that they are modified by this Agreement, or by the U.S. Bankruptcy Code, with all covenants, agreements, and requirements of FHA in connection with the Program, and the Loan Documents including my agreement to make all payments of taxes, insurance premiums, assessments, Escrow items, impounds, and all other payments, the amount of which may change periodically over the term of my Loan. D. If under applicable law, a servicer may not establish an escrow account for the subject mortgage loan. E. That the Loan Documents are composed of duly valid, binding agreements, enforceable in accordance with their terms. F. That all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, or by the U.S. Bankruptcy Code, remain in full force and effect; nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligations contained in the Loan Documents; and that except as otherwise specifically provided in, and as expressly modified by, this Agreement, or by the U.S. Bankruptcy Code, the Lender/Mortgagee and I will be bound by, and will comply with, all of the terms and conditions of the Loan Documents. G. That, as of the Modification Effective Date, notwithstanding any other provision of the Loan Documents, I agree as follows: If all or any part of the Property or any interest in it is sold or transferred without Lender/Mortgagee's prior written consent, Lender/Mortgagee may, at its option, require immediate payment in full of all sums secured by the Mortgage. However, Lender/Mortgagee shall not exercise this option if state or federal law, rules or regulations prohibit the exercise of such option as of the date of such sale or transfer. If Lender/Mortgagee exercises this option, Lender/Mortgagee shall give me notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which I must pay all sums secured by the Mortgage. If I fail to pay these sums prior to the expiration of this period, Lender/Mortgagee may invoke any remedies permitted by the Mortgage without further notice or demand on me. H. That, as of the Modification Effective Date, I understand that the Lender/Mortgagee will only allow the transfer and assumption of the Loan, including this Agreement, to a transferee of my property as permitted under the Garn St. Germain Act, 12 U.S.C. Section 1701j-3. A buyer or transferee of the Property will not be permitted, under any other circumstance, to assume the Loan. Except as noted herein, this Agreement may not be assigned to, or assumed by, a buyer or transferee of the Property. I. That, as of the Modification Effective Date, if any provision in the Note or in any addendum or amendment to the Note allowed for the assessment of a penalty for full or partial prepayment of the Note, such provision is null and void. J. That, I will cooperate fully with Lender/Mortgagee in obtaining any title endorsement(s), or similar title insurance product(s), and/or subordination agreement(s) that are necessary or required by the Lender's/Mortgagee's procedures to ensure that the modified mortgage loan is in first lien position and/or is fully enforceable upon modification and that if, under any circumstance and not withstanding anything else to the contrary in this Agreement, the Lender/Mortgagee does not receive such title endorsement(s), title insurance product(s) and/or subordination agreement(s), then the terms of this Agreement will not become effective on the Modification Effective Date and the Agreement will be null and void. K. That I will execute such other documents as may be reasonably necessary to either (i) consummate the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this Plan if an error is detected after execution of this Agreement. I understand that a corrected Agreement will be provided to me and this Agreement will be void and of no legal effect upon notice of such error. If I elect not to sign any such corrected Agreement, the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement, and I will not be eligible for a modification under the Home Affordable Modification program. L. Mortgage Electronic Registration Systems, Inc. ("MERS") is a separate corporation organized and existing under the laws of Delaware and has an address and telephone number of P.O. Box 2028, Flint, MI 48501-2028, (866) 879-MERS. In cases where the loan has been registered with MERS who has only legal title to the interests granted by the borrower in the mortgage and who is acting solely as nominee for Lender/Mortgagee and Lender's/Mortgagee's successors and assigns, MERS 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/Mortgagee including, but not limited to, releasing and cancelling the mortgage loan. M. That Lender/Mortgagee will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity. In addition, I understand and consent to the disclosure of my personal information and the terms of the Trial Period Plan and this Modification Agreement by Lender/Mortgagee to (a) the U.S. Department of the Treasury; (b) Fannie Mae and Freddie Mac in connection with their responsibilities under the Home Affordability and Stability Plan; (c) any investor, insurer, guarantor or servicer that owns, insures, guarantees or services my first lien or subordinate lien (if applicable) mortgage loan(s); (d) companies that perform support services for the Home Affordable Modification Program and the Second Lien Modification Program; and (e) any HUD certified housing counselor. N. I agree that if any document related to the Loan Documents and/or this Agreement is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the loan as modified, or is otherwise missing, I will comply with the Lender's/Mortgagee's request to execute, acknowledge, initial and deliver to the Lender/Mortgagee any documentation the Lender/Mortgagee deems necessary. If the original promissory note is replaced, the Lender/Mortgagee hereby indemnifies me against any loss associated with a demand on the original note. All documents the Lender/Mortgagee requests of me under this Section 4. N. shall be referred to as "Documents." I agree to deliver the Documents within ten (10) days after I receive the Lender's/Mortgagee's written request for such replacement. This Agreement may be executed in multiple counterparts. O. That, if I am in bankruptcy upon execution of this document, I will cooperate fully with Lender in obtaining any required bankruptcy court and trustee approvals in accordance with local court rules and procedures. I understand that if such approvals are not received, then the terms of this Agreement will be null and void. If this Agreement becomes null and void, the terms of the original Loan Documents shall continue in full force and effect and such terms shall not be modified by this Agreement. Loan Number P. If I receive a separate notice from Lender/Mortgagee that I am required to attend additional debt management counseling, I agree to promptly attend such counseling and provide evidence of attendance to Lender/Mortgagee upon request. Q. I acknowledge and agree that if the Lender/Mortgagee executing this Agreement is not the current holder or owner of the Note and Mortgage, that such party is the authorized servicing agent for such holder or owner, or its successor in interest, and has full power and authority to bind itself and such holder and owner to the terms of this modification. (SIGNATURES CONTINUE ON FOLLOWING PAGES) Loan Number [blacked out] TO BE SIGNED BY BORROWER/CO-OWNER/BORROWER'S AND CO-OWNER'S SPOUSE OR DOMESTIC PARTNER ONLY BORROWER SIGNATURE PAGE TO HOME AFFORDABLE MODIFICATION AGREEMENT BETWEEN JPMORGAN CHASE BANK, N.A. AND WILLIAM E BERRY AND CHARLETTA M BERRY HUSBAND AND WIFE, LOAN NUMBER 1946595073 WITH A MODIFICATION EFFECTIVE DATE OF February 01, 2013 In Witness Whereof, the Borrower(s) have executed this agreement. The undersigned hereby acknowledge that the signatures below include the Borrowers on the Loan, and those of any non-borrower co-owner(s) of the Property, or a non-borrower spouse or domestic partner of a Borrower with rights of dower/curtesy/homestead and/or community property under applicable law. Such additional persons are signing solely to evidence their agreement that all of their right, title and interest in the Property is subject and subordinate to the terms and conditions of this Agreement and the Loan Documents. [signature] WILLIAM E BERRY Date: 1/7/13 [signature] CHARLETTA M BERRY Date: 1/17/13 State of OKLAHOMA, County of Oklahoma Before me, Gregory M. Jorgensen, Notary Public, in and for this state, on this 7th day of January, 2013 personally appeared WILLIAM E BERRY and CHARLETTA M BERRY to me known to be the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he/she/they executed the same as his/her/their free and voluntary act and deed for the uses and purposes therein set forth. (SEAL) My Commission Expires: Nov 3, 2015 Gregory M. Jorgensen Notary Public State of Oklahoma Commission # 11010065 My Commission Expiry Nov 3, 2018 TO BE SIGNED BY LENDER/MORTGAGEE ONLY LENDER/MORTGAGEE SIGNATURE PAGE TO HOME AFFORDABLE MODIFICATION AGREEMENT BETWEEN JPMORGAN CHASE BANK, N.A. AND WILLIAM E BERRY AND CHARLETTA M BERRY HUSBAND AND WIFE, LOAN NUMBER 1946595073 WITH A MODIFICATION EFFECTIVE DATE OF February 01, 2013 In Witness Whereof, the Lender/Mortgagee has executed this Agreement. Lender/Mortgagee JPMORGAN CHASE BANK, N.A. By: [Signature] Printed Name: Taccara Roberts Vice President Date: 1-10-13 Loan Number [blacked out] State of COLORADO County of DENVER The foregoing instrument was acknowledged before me this 16 day of Jan, 2013 by Taccara Roberts, Vice President of JPMORGAN CHASE BANK, N.A., a national banking association. [signature of person taking acknowledgment] Printed Name: Notary (title or rank) (serial number, if any) My Commission expires: 5-22-2016 JOSE L CHAVEZ NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES 5-22-2016 Filing Fee: $31.00 Doc. Stamp: $0.00 02/26/2013 11:28:23 AM