Citibank, N.A. not in its individual capacity but solely as Trustee, of NRZ Pass-Through Trust VI v. Melanie Murphy

IN THE DISTRICT COURT WITHIN AND FOR PAWNEE COUNTY STATE OF OKLAHOMA CITIBANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE, OF NRZ PASS-THROUGH TRUST VI, Plaintiff, vs. MELANIE MURPHY; SPOUSE, IF ANY, OF MELANIE MURPHY; OCCUPANT(S) OF THE PREMISES; Defendants. CASE NO. Y 20 12 Judge: PETITION COMES NOW Citibank, N.A. not in its individual capacity but solely as Trustee, of NRZ Pass-Through Trust VI (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 Melanie Murphy (herein: "Borrower"), a single person, is obligated on a certain promissory note and mortgage described below. 3. Borrower, for good and valuable consideration, made, executed and delivered to , 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 December 21, 2015; b. The Note is made in the amount of $39,472.20; c. The Note establishes monthly payment installments of $219.29, due on the 5th day of each month; 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 Ditech Financial 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: Lots Eleven (11), Twelve (12), Thirteen (13) and Fourteen (14), Block Five (5), ORIGINAL TOWN OF TERTON, Pawnee County, State of Oklahoma, according to the recorded plat thereof. (herein: "Property"). A true and correct copy of the Mortgage is attached as Exhibit “B.” a. The Mortgage is dated December 21, 2015; b. The signatory of the Mortgage is Melanie Murphy, unmarried; and c. The Mortgage was recorded in the Pawnee County Clerk’s Office at Book 766 and Page 470, on February 4, 2016. 5. By virtue of Quit Claim Deed, Borrower is the present record owner of the subject Property. The Quit Claim Deed, is recorded with the Pawnee County Clerk’s Office at Book 766 and Page 466, on February 4, 2016. 6. The Borrower is obligated on the subject Note and has 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. Borrower is in default. The default claimed is failure to make complaint payment, and the default date is July 5, 2018. 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 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 Borrowers’ 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 Borrower 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 $19,311.17 in unpaid principal balance, with 9.500% interest per annum thereon, or as adjusted by the Note and Mortgage, from June 5, 2018, 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. 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 she may have or claim to have in the Property. 17. With respect to the additional defendants, Plaintiff alleges as follows: a. Additional defendant, Spouse, if any, of Melanie Murphy, 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 they may have or claim to have in or to the Property. b. Additional defendants, Occupant(s) 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. c. 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 $19,311.17, with 9.500% interest per annum thereon, or as adjusted by the Note and Mortgage, from June 5, 2018, 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 Chad T. Hantak, OBA # 33651 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] Attorneys for Plaintiff THIS MAY BE AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. NON-NEGOTIABLE PROMISSORY NOTE - OKLAHOMA DITECH FINANCIAL LLC $39,472.20 December 21st, 2015 For value received, I, we, or either of us, promise to pay to DITECH FINANCIAL LLC, at the office of said payee, P.O. Box 94710, Palatine, IL 60094-4710, or at such other place as the holder hereof may designate in writing, the sum of THIRTY-NINE THOUSAND FOUR HUNDRED SEVENTY-TWO and 20/100 Dollars ($39,472.20) in monthly installments of TWO HUNDRED NINETEEN and 29/100 Dollars ($219.29) each, the first installment to become due and payable on the 5th day of the month following the 45th day after Release of the House to Buyer, and one installment to become due and payable on the 5th day of each succeeding month until the whole of said indebtedness is paid. For each installment not paid in full within fifteen (15) days of its scheduled due date, the undersigned will be charged $23 or 5% of the unpaid amount of the installment in default, whichever is less. Only one late charge will be charged on any installment regardless of the period during which it remains in default. If any check tendered to holder or its assigns by maker hereunder is not paid upon presentation or is dishonored by the bank or depository institution upon which it is drawn, maker agrees to pay holder a returned check charge of $25.00, which charge, if incurred by maker, shall be considered as additional indebtedness secured hereby. It is agreed that time is of the essence of this note and that in the event of default in payment of any installment for a period of thirty days, the holder of this note may, at its option, after first deducting therefrom all precomputed but unearned Finance Charges, declare all of the remainder of said debt due and collectible and any failure to exercise said option shall not constitute a waiver of the right to exercise the same at any other time. From and after any event of default, interest shall be payable on all amounts in default, including, without limitation, the remaining unpaid amount financed, any late fees, attorney's fees, previously accrued and unpaid finance charges, and interest at the rate of 10% per annum until paid. The amount necessary to cure the default pursuant to a plan approved under Chapter 13 of the Bankruptcy Code shall include not only any remaining unpaid amount financed of this note but also the other aforementioned elements of the arrearages. In the event of such acceleration, the undersigned shall receive a credit for any unearned Finance Charge computed pursuant to the "Actuarial Method". This note is subject to the terms of a mortgage of even date herewith executed by the makers hereof as Mortgagor to the payee hereof as Mortgagee encumbering property in PAWNEE County, Oklahoma, and more particularly described therein. I, we and each of us, whether principal, security, guarantor, endorser or other party hereto, agree to be jointly and severally bound hereby and do severally waive presentment for payment, notice of non-payment, protest and notice of protest, and agree that extensions of time for payment may be granted by the holder hereof without notice. It is further agreed that if it becomes necessary to enforce collection and upon referral to an attorney, not a salaried employee of the holder, I/we, or either of us agree to pay a reasonable attorney fee not to exceed 15 percent of the unpaid debt and all costs of collection. The undersigned may pay in advance any amount remaining unpaid hereunder, and upon prepayment shall receive a credit for any unearned Finance Charge computed pursuant to the "Actuarial Method". NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Given under the hand and seal of each party. Melanie Murphy Melanie Murphy Mortgage Originator: Darius Saba Ditech Financial LLC THIS NOTE IS NON-NEGOTIABLE ALLONGE Account Name: Melanie Murphy Pay to the order of William J. Wade, not in his individual capacity, but solely as Trustee for Mid-State Trust VI without recourse. Ditech Financial LLC [Signature] Vice President Pay to the order the US Bank NA, successor in interest to Wachovia Bank NA, successor by merger to First Union National Bank without recourse. William J. Wade, trustee, not in his individual capacity, but solely as Trustee of Mid-State Trust VI By: Ditech Financial LLC, successor in interest to Green Tree Servicing LLC, successor by Merger to Walter Mortgage Company, LLC, successor by merger to Mid-State Homes, Inc., its Attorney-in-Fact [Signature] Vice President ALLONGE TO PROMISSORY NOTE FOR PURPOSES OF FURTHER ENDORSEMENT OF THE FOLLOWING DESCRIBED NOTE, THIS ALLONGE IS AFFIXED AND BECOMES A PERMANENT PART OF SAID NOTE. Account Number: [blacked out] Note Date: December 21, 2015 Amount: $39,472.20 Customer Name: Melanie Murphy Property Address: 211 E. Second, Terlton, OK 74081 ********************************************************************************* PAY TO THE ORDER OF: WITHOUT RECOURSE U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee, successor by merger to First Union National Bank, by its Attorney-in-Fact Ditech Financial LLC f/k/a Green Tree Servicing LLC BY: [signature] Name: Diana Langbartels Title: Assistant Vice President Branch Tulsa No. Months 180 MORTGAGE - OKLAHOMA - DITECH FINANCIAL LLC Know All Men By These Presents, That whereas on this 21st day of December, 15, Melanie Murphy, Unmarried, of PAWNEE County, State of Oklahoma; hereinafter called Mortgagor, is justly indebted to DITECH FINANCIAL LLC., a limited liability company of the State of Delaware, having its principal office located at 3000 Bayport Drive, Suite 880, Tampa, FL 33607, hereinafter called Mortgagee, in the sum of THIRTY-NINE THOUSAND FOUR HUNDRED SEVENTY-TWO AND 20/100 Dollars ($39,472.20) to secure the payment of which Mortgagor has executed one non-negotiable promissory note of even date herewith, payable to Mortgagee at it's office aforesaid or at such other place as the holder thereof may designate in writing, said sum being payable as set forth therein, the last installment thereunder being due and payable on the 5th day of the month that is 180 months from the date of this instrument, to which note reference is hereby made. Unless specified elsewhere, the maturity date of this instrument shall be deemed to be 180 months from the date of this instrument. NOW, THEREFORE, THIS INDENTURE WITNESSETH: That Mortgagor, for good and valuable consideration, and for the purpose of securing (1) payment of said indebtedness as in said note provided, (2) payment of all other moneys secured hereby, and (3) the performance of all the covenants, conditions, stipulations and agreements contained in the Sale Contract of even date between Mortgagor and Ditech Financial LLC, as well as those contained herein, has mortgaged and thereby mortgages, assigns, transfers, and sets over, unto Mortgagee, its successors and assigns forever, the following described property, real estate and premises, situated in PAWNEE County, State of Oklahoma, to-wit: Please see Legal Description attached hereto together with all and singular the ways, easements, riparian and other rights, and all tenements, hereditaments and appurtenances, thereunto belonging or in anyway appertaining, and all buildings, structures and other improvements now on said land or that hereafter may be erected or placed thereon, all fixtures attached thereto, all rents, income, issues and profits accruing and to accrue therefrom, and all judgments, awards of damages and settlements hereafter made as a result or in lieu of any taking of the premises or any part thereof under the power of eminent domain, or for any damage, whether caused by such taking or otherwise, to the premises or the improvements thereon or any part thereof. TO HAVE AND TO HOLD the above described property unto the Mortgagee, its successors and assigns. Mortgagor covenants and agrees with Mortgagee as follows: 1. That Mortgagor is lawfully seized in fee of the premises hereby conveyed; that Mortgagor has good right to sell and convey the same as aforesaid; that said premises are clear of all encumbrances; and that Mortgagor will forever warrant and defend the title to said premises against all claims and demands. 2. To pay all sums secured hereby when due. For each installment not paid in full within fifteen (15) days of its scheduled due date, Mortgagor will be charged $23.00 or 5% of the unpaid installment, whichever is less. Only one late charge will be charged on any installment regardless of the period during which it remains in default. 3. To pay, when due, all taxes and assessments of every type or nature levied or assessed against the premises or upon Mortgagee's interest therein, and any claim, lien or encumbrance against the premises which may be or become prior to this mortgage. 4. To pay all taxes which may be assessed upon this mortgage, or said note, or indebtedness secured thereby, without regard to any law, heretofore or hereafter enacted, imposing payment of all or any part thereof upon Mortgagee, except the mortgage registration tax to be paid upon the recording of this mortgage. In event of enactment of any law imposing payment of all or any portion of any such taxes upon Mortgagee, or the rendering by any court of competent jurisdiction of a decision that the undertaking by Mortgagor, as herein provided, to pay such tax or taxes is legally inoperative, then, unless Mortgagor nevertheless pays such taxes, all sums hereby secured, without any deduction, shall at the option of Mortgagee become immediately due and payable, notwithstanding anything contained herein or any law heretofore or hereafter enacted. 5. To keep the premises insured against loss or damage by fire, lightning, windstorm and such other hazards as may be required by Mortgagee, in an amount equal to the lesser of the actual cash value of said house or the indebtedness secured by this mortgage on said house, and in insurance companies acceptable to Mortgagee. To comply with this provision Mortgagor must deliver the policy or true copy of the policy to Mortgagee to be held without liability. Upon foreclosure of this mortgage or other acquisition of the premises or any part thereto by Mortgagee, said policy shall become the absolute property of Mortgagee. In the event of failure of Mortgagor to insure the premises as herein provided or in the event of the failure of the Mortgagor to deliver the policy of insurance or true copy thereof to the Mortgagee, the Mortgagee shall insure the premises in companies of its choosing and the premium expense incurred by the Mortgagee shall be paid by the Mortgagor. 6. Mortgagee requires and, if not waived by Mortgagee, Mortgagor shall deposit with Mortgagee on the same day installment payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of the amounts due for: (a) taxes, assessments, charges, fines or any other items which can attain priority over this Mortgage as a lien or encumbrance on the Real Estate, (b) premiums for any and all hazard insurance policy required by Mortgagee, and (c) mortgage insurance premiums, if any, or any sums payable by Mortgagor to Mortgagee in lieu of payment of mortgage insurance premiums. These items collectively are "Escrow Items." At origination or at any time during the term of the Note, Mortgagee may also require that community or homeowners association dues, fees, and assessments, if any, be escrowed by Mortgagor, and such dues, fees, and assessments shall be an Escrow Item. Mortgagor shall promptly furnish to Mortgagee all notices of amounts to be paid as Escrow Items. Mortgagor shall pay Mortgagee the Funds for Escrow Items unless Mortgagee waives Mortgagor's obligation to pay to Mortgagee the Funds for any or all Escrow Items at any time. Any such waiver may only be made in writing. In the event of such waiver, Mortgagor shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Mortgagee and shall furnish to Mortgagee receipts evidencing such payment within such time period as Mortgagee may require. Mortgagor's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Mortgage. If Mortgagor is obligated to pay Escrow Items directly, pursuant to a waiver or otherwise, and Mortgagor fails to pay an amount due for an Escrow Item, Mortgagee may exercise its rights to pay such amount and Mortgagor shall then be obligated to repay Mortgagee such amount. Mortgagee may revoke the waiver as to any or all Escrow Items at any time upon notice to Mortgagor, and upon such revocation, Mortgagor shall pay to Mortgagee all Funds, and in any such amounts, that are then required by this section. Mortgagee may, at any time, collect and hold escrow Funds in an amount (a) sufficient to permit Mortgagee to apply the Funds at the times required, and (b) not to exceed the maximum amount a Mortgagee can require and collect for an individual Mortgagor. Mortgagee shall estimate the amount of Funds annually due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity or in any Federal Home Loan Bank. Mortgagee shall not charge Mortgagor for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Mortgagee pays Mortgagor interest on the Funds or applicable law permits Mortgagee to make such a charge. Unless applicable law requires interest to be paid on the Funds, Mortgagee shall not be required to pay Mortgagor any interest or earnings on the Funds. Mortgagee shall provide to Mortgagor an annual accounting of the Funds. If there is a surplus of Funds held in escrow, Mortgagee shall account to Mortgagor for the excess funds. If there is a shortage of Funds held in escrow, Mortgagee shall notify Mortgagor, and Mortgagor shall pay to Mortgagee the amount necessary to make up the shortage, but in no more than one-twelfth (1/12) payments of the total shortage amount unless allowed by Mortgagee. If there is a deficiency of Funds held in escrow, Mortgagee shall notify Mortgagor, and Mortgagor shall pay to Mortgagee the amount necessary to make up the deficiency, but in no more than one-twelfth (1/12) payments of the total deficiency amount unless allowed by the Mortgagee. Upon payment in full of all sums secured by this Mortgage, Mortgagee shall promptly refund to Mortgagor all Funds held by Mortgagee in escrow. 7. That Mortgagor (i) will not remove or demolish nor alter the design or structural character of any building now or hereafter erected upon the premises unless Mortgagee shall first consent thereto in writing; (ii) will maintain the premises in good condition and repair; (iii) will not commit or suffer waste thereof; (iv) will not cut or remove nor suffer the cutting or removal of any trees or timber on the premises (except for domestic purposes) without Mortgagee's written consent; (v) will comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the premises, and will not suffer or permit any violation thereof. 8. If Mortgagor fails to pay any claim, lien or encumbrance which is prior to this mortgage, or to keep the premises in repair or shall commit or permit waste, or if there be commenced any action or proceeding affecting the premises or the title thereto, then Mortgagee, at its option, may pay said claim, lien, or encumbrance, with the right of subrogation thereunder, may make such repairs and take such steps as it deems advisable to prevent or cure such waste, and may appear in any such action or proceeding and retain counsel therein, and take such action therein as Mortgagee deems advisable, and for any of said purposes Mortgagee may advance such sums of money as it deems necessary, but no payment by the Mortgagee of any such monies shall be deemed a waiver of the Mortgagee's right to declare the principal sum due hereunder by reason of the default or violation of Mortgagor in any of Mortgagor's covenants hereunder. Mortgagee shall be the sole judge of the legality, validity and priority of any such claim, lien, and encumbrance, and of the amount necessary to be paid in satisfaction thereof. Mortgagor will pay to Mortgagee, immediately and without demand, all sums of money advanced by Mortgagee pursuant to this mortgage, and all such sums shall be secured hereby. 9. It is further covenanted the Mortgagee may, at its option, advance moneys for the payment of insurance and taxes (including assessments) that should have been made by Mortgagor hereunder in order to protect the lien or security thereof, and Mortgagor agrees without demand to forthwith repay such money advanced by the Mortgagee, which amount shall bear interest at the rate of 10% per annum until paid and shall be added to the debt; provided, however, no payment by Mortgagee of any such moneys shall be deemed a waiver of Mortgagee's right to declare the principal sum due hereunder by reason of the default or violation of Mortgagor in any of Mortgagor's covenants hereunder. 10. If default for thirty (30) days be made in payment of any installment of said note or any part thereof, or if default be made in performance of any of Mortgagor's obligations, covenants or agreements hereunder: (a) All of the indebtedness secured hereby shall become and be immediately due and payable at the option of Mortgagee, without notice or demand which are hereby expressly waived, and this mortgage may thereupon be foreclosed for the entire indebtedness, interest and costs, together with the statutory damages in case of protest. In the event of a foreclosure, the court shall direct a sale of the premises, to be with or without appraisement as Mortgagee may elect. As used herein, 'indebtedness' shall include, without limitation, any remaining unpaid amount financed, late fees, interest, attorney's fees and accrued and unpaid finance charges. In the event of a default under the sale contract, mortgage or note, the indebtedness shall bear interest at the rate of 10% per annum until paid in full. (b) Mortgagee shall, upon the filing of a petition for the foreclosure of this mortgage, be forthwith entitled to and may at once take the immediate possession of said premises and collect the rents, issues and profits thereof, being liable to account only for those actually received by Mortgagee, or Mortgagee at its option may have a receiver appointed by the court to take possession and control of the premises, and to collect the rents and profits thereof, under the directions of the court, without the proof required by statute, the amount so collected by such receiver shall be applied, under the direction of the court, to the payment of any judgment rendered or amount found due upon the foreclosure of this mortgage. 11. In case the indebtedness secured hereby or any part thereof for collection by suit or action on this mortgage is foreclosed or brought into the hands of an attorney for collection, suit, action for foreclosure, Mortgagor shall be chargeable with all costs and expenses including a reasonable attorney fee not to exceed 15 percent of the unpaid debt, which shall be immediately due and payable and added to the mortgage indebtedness secured hereby. 12. No delay by Mortgagee in exercising any right or remedy hereunder, or otherwise afforded by law, shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder. 13. Any agreement hereafter made by Mortgagor and Mortgagee pursuant to this mortgage shall be superior to the rights of the holder of any intervening lien or encumbrance. 14. For value received, the Mortgagor hereby expressly waives all right of homestead, exemption and stay laws granted by the constitution and laws of the State of Oklahoma. 15. When all indebtedness secured hereby has been paid, this mortgage and all assignments herein contained shall be void and this mortgage shall be released by Mortgagee at the cost and expense of Mortgagor; otherwise to remain in full force and effect. 16. This mortgage shall inure to and bind the heirs, legatees, devisees, administrators, executors, trustees, successors and assigns of the parties hereto. Whenever used herein, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 17. In the event said house is not built entirely on the property of Mortgagor, Mortgagor agrees to indemnify Mortgagee for any damages suffered or costs incurred by Mortgagee as a result thereof. IN WITNESS WHEREOF, Mortgagor has hereunto set his hand and seal on the 21 day of December, 2015. Melanie Murphy ------------------------------- SEAL ------------------------------- SEAL ------------------------------- SEAL ------------------------------- SEAL STATE OF OKLAHOMA ) COUNTY Tulsa ss Before me, the undersigned, a Notary Public, in and for said County and State, on this 21st day of December, 2015, personally appeared Melanie Murphy 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 _________ free and voluntary act and deed for the uses and purposes therein set forth. Witness my hand and official seal the day and year last above written. Notary Public My commission expires: 02/26/2019 Notary Commission No.: 15007921 COUNTY OF PAWNEE. STATE OF OKLAHOMA LOTS ELEVEN (11), TWELVE (12) THIRTEEN (13) AND FOURTEEN (14), BLOCK FIVE (5), ORIGINAL TOWN OF TERLTON, PAWNEE COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. Melanie Murphy Date 12-21-15