U.S. Bank Trust National Association, as Trustee of LB-Flat Series VI Trust v. Unknown Heirs, Executors, Administrators, Trustees, Devisees, Assigns and/or Successors, if any, of Ruth L. Slover, deceased

IN THE DISTRICT COURT WITHIN AND FOR DELAWARE COUNTY, STATE OF OKLAHOMA U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF LB-FLAT SERIES VI TRUST, Plaintiff, vs. UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS, TRUSTEES, DEVISEES, ASSIGNS AND/OR SUCCESSORS, IF ANY, OF RUTH L. SLOVER, DECEASED; JOHN FUNK; UNKNOWN SPOUSE OF JOHN FUNK; MICHAEL FUNK; UNKNOWN SPOUSE OF MICHAEL FUNK; VICKI HOFFMAN; UNKNOWN SPOUSE OF VICKI HOFFMAN; UNITED STATES OF AMERICA EX REL., SECRETARY OF HOUSING AND URBAN DEVELOPMENT; OCCUPANTS OF THE PREMISES, IF ANY Defendants. P E T I T I O N Comes now the Plaintiff and for its cause of action against the Defendant above named, alleges and states: 1. That the Plaintiff was at all times hereinafter mentioned, and now is, a National Association, duly organized, existing and authorized to bring this action. That Charles C. Slover is deceased as further plead herein. That Ruth L. Slover is deceased as further plead herein. That the defendants, the Unknown Heirs, Executors, Administrators, Devisees, Trustees, Assigns and/or Successors, if any, of Ruth L. Slover, deceased, may be claiming some right, title or interest in and to the subject property, the exact nature of which is more particularly hereinafter described. That the defendants, Michael Funk and Unknown Spouse of Michael Funk, are claiming some right, title or interest in and to the subject property, but that any right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity which said defendant, may have or claim to have is subsequent, junior and inferior to the first mortgage lien of the Plaintiff. That the defendants, Vicki Hoffman and Unknown Spouse of Vicki Hoffman, are claiming some right, title or interest in and to the subject property, but that any right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity which said defendant, may have or claim to have is subsequent, junior and inferior to the first mortgage lien of the Plaintiff. That the defendants, John Funk and Unknown Spouse of John Funk, are claiming some right, title or interest in and to the subject property, but that any right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity which said defendant, may have or claim to have is subsequent, junior and inferior to the first mortgage lien of the Plaintiff. That the defendant, United States of America Ex Rel., Secretary of Housing and Urban Development, is claiming some right, title or interest in and to the subject property, but that any right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity which said defendant, may have or claim to have is subsequent, junior and inferior to the first mortgage lien of the Plaintiff. That the Plaintiff does not know, and with due diligence is unable to ascertain, the true and correct name(s) of the individual(s) occupying the real property, and therefore sues said individual(s) by the name(s) of Occupant(s) of the premises, whose true and correct name(s) are unknown to Plaintiff. That said individual(s) are made party defendant(s) herein to foreclose any right, title, or interest which they may have or claim to have in and to the real estate and premises herein sued upon by reason of their occupancy. 2. That the original maker(s), for a good and valuable consideration, made, executed and delivered to the Payee, a certain written purchase money promissory note; a true authoritative copy of said note is hereto attached, marked Exhibit “A” and made a part hereof by reference. 3. That as a part of the same transaction, and to secure the payment of the note above described and the indebtedness represented thereby, the owner(s) of the real estate hereinafter described, made, executed and delivered to the Payee of said note, a certain purchase money real estate mortgage in writing, and therein and thereby mortgaged and conveyed to said mortgagee the following described real estate situated in Delaware County, State of Oklahoma, to-wit: LOT 1, LITLGATE ADDITION, PHASE II, A SUBDIVISION, DELAWARE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.; with the buildings and improvements and the appurtenances, (including any modular, manufactured or mobile home located thereon) hereditaments and all other rights thereunto appertaining or belonging, and all fixtures then or thereafter attached or used in connection with said premises. That said mortgage was duly executed and acknowledged according to law, the mortgage tax duly paid thereon, and was filed in the office of the County Clerk of Delaware County, Oklahoma, and therein recorded at July 30, 2010, in Book No. 1913, at Page 215, which mortgage and the record thereof is incorporated herein by reference as provided by law. Together with all Modification Agreements entered into subsequent to the execution and recording of the mortgage herein sued upon. 4. That thereafter, for a good and valuable consideration, said note and mortgage were assigned and endorsed to the Plaintiff. That Plaintiff has complied with all of the terms, conditions precedent and provisions of said note and mortgage, and is duly empowered to bring this suit. 5. Said mortgage provides that in addition to and together with the monthly payments of principal and interest as provided in said note, the mortgagor(s) will pay on the first day of each month, installments of taxes, assessments and insurance premiums, if any, relating to said property and said mortgage, agreed to be paid on said note and mortgage by said makers thereof. 6. That said note and mortgage provide that if default be made in the payment of any of the monthly installments, or on failure or neglect to keep or perform any of the other conditions and covenants of the mortgage, that the entire principal sum and accrued interest, together with all other sums secured by said mortgage, shall at once become due and payable, at the option of the holder thereof, and the holder shall be entitled to foreclose said mortgage and recover the unpaid principal thereon and all expenditures of the mortgagee made thereunder, with interest thereon, and to have said premises sold and the proceeds applied to the payment of the indebtedness secured thereby, together with all legal and necessary expense and all costs. 7. That default has been made upon said note and mortgage in that the installments due December 1, 2025, and thereafter have not been paid. 8. That preliminary to the bringing of this action, and as a necessary expense thereof, this Plaintiff caused the abstract of title to be extended and certified to date at a cost of a reasonable amount for title search and examination expenses of a reasonable amount with interest per annum thereon, until paid. 9. That said note and mortgage provide that in case of a foreclosure of said mortgage and as often as any proceedings shall be taken to foreclose the same, the makers will pay an attorney's fee as therein provided, and that the same shall be a further charge and lien on said premises. 10. That after allowing all just credits there is due to Plaintiff on said note and mortgage the sum of $250,633.49, with 5.56% interest per annum thereon from November 1, 2025, until paid; said abstract expense of a reasonable amount with interest thereon, until paid; title search and examination expenses of a reasonable amount with interest per annum thereon, until paid; and a reasonable attorney's fee, and for all costs of this action; and for all charges due under the terms of the note and mortgage, and for such sums as may have been advanced since default on the indebtedness herein sued upon or may be hereafter advanced or incurred by Plaintiff through completion of this action, including taxes, recording fees, assessments, hazard insurance premiums, expenses reasonably necessary for the preservation of the subject property, or of the priority of Plaintiff's first mortgage lien, and further including costs, expenses and attorneys fees incurred in any bankruptcy instituted by any party defendant and all expenses, costs and attorneys fees of execution and sale, including poundage upon sale and that said amounts are secured by said mortgage and constitute a first, prior and superior lien upon the real estate and premises above described. 11. That said mortgage specifically provides that appraisement of said property is expressly waived or not waived at the option of the mortgagee. 12. Plaintiff further alleges as follows: (a) That there appears of record in the office of the County Clerk of Delaware County, Oklahoma, a certain mortgage from Charles C. Slover and Ruth L. Slover, as mortgagor, to United States of America Ex Rel., Secretary of Housing and Urban Development, as mortgagee, filed July 30, 2010, in Book 1913, at Page 226, in the original amount of $226,500.00. (b) That the Plaintiff believes and alleges that Charles C. Slover, died intestate, a resident of Delaware County, Oklahoma. That at the time of the decedent's death, the subject property was owned by, Charles C. Slover and Ruth L. Slover, as joint tenants and not as tenants in common with full rights of survivorship, the whole estate to vest in the survivor in the event of the death of either, by deed from Tammy Burleson aka Tammy D. Burleson aka Tammy D. Daniels and Donald A. Daniels, dated July 28, 2005, and recorded in the office of the County Clerk of Delaware County, Oklahoma, on August 2, 2005, in Book 1673, Page 414. That upon the death of Charles C. Slover, Ruth L. Slover, became the sole owner of the real estate and premises sued upon herein as the sole surviving joint tenant in and to said property, and that title to the subject property is vested in said, Ruth L. Slover. (c) That subsequent to the execution, delivery and recording of the note and mortgage herein sued upon by the Plaintiff and on or about October 26, 2023, Ruth L. Slover, a single person, died intestate, a resident of Delaware County, Oklahoma, leaving as sole surviving heirs in and to the real property sued upon herein, Michael Funk, Vicki Hoffman and John Funk, of legal age, Defendants herein. That no administration proceeding on the estate of Ruth L. Slover, Deceased, have been had or commenced, and that no judicial determination of death or heirship has been had or made as to the said Ruth L. Slover, Deceased, and that so far as is known to Plaintiff, the said Defendants Michael Funk, Vicki Hoffman and John Funk, are the sole surviving heirs of said Ruth L. Slover, Deceased. That by reason of the premises, the same Defendants, Michael Funk, Vicki Hoffman and John Funk, and the Unknown Heirs, Administrators, Trustees, Devisees Assigns and/or Successors, if any, of Ruth L. Slover, Deceased, may be claiming some right, title or interest in and to the above described real estate and premises, the exact nature of which is unknown to the Plaintiff except as herein set forth, but that any right, title, interest, estate or equity in or to said real estate and premises, or any part thereof, which said Defendants have or claim to have, is subsequent, junior and inferior to the mortgage and lien of the Plaintiff. That the defendants, Unknown Heirs, Executors, Administrators, Trustees, Devisees, Assigns and/or Successors, if any, of Ruth L. Slover, deceased; John Funk; Unknown Spouse of John Funk; Michael Funk; Unknown Spouse of Michael Funk; Vicki Hoffman; Unknown Spouse of Vicki Hoffman; United States of America Ex Rel., Secretary of Housing and Urban Development; Occupants of the Premises, if any, may be claiming some right, title, lien, estate, encumbrance, claim, assessment or interest in or to the real estate and premises involved herein adverse to the Plaintiff, which constitutes a cloud upon the title of Plaintiff, but that any right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity which said defendants, or any or either of them may have or claim to have, is subsequent, junior and inferior to the first mortgage lien of the Plaintiff. That said interest or claims arising by reason of the foregoing facts and circumstances, as well as any other right, title or interest which the defendants named herein, or any or either of them have or claim to have, in or to said real estate and premises is subsequent, junior and inferior to the mortgage and lien of the Plaintiff. 13. In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C.A. Sec.1692(g), if applicable, unless the person or entity responsible for the payment of the above debt, within thirty days after receipt of this notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid; and if said person or entity notifies the undersigned attorney for Plaintiff in writing within said thirty day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debt and a copy of such verification will be mailed to said person or entity by the undersigned attorney for Plaintiff; and upon written request by you within the thirty day period, the undersigned attorney for Plaintiff will provide the name and address of the original creditor, if different from the current creditor. WHEREFORE, Plaintiff prays judgment in REM, in the sum of $250,633.49, with 5.56% interest per annum thereon from November 1, 2025, until paid; abstract expense of a reasonable amount, with interest thereon, until paid; title search and examination expenses of a reasonable amount with interest per annum thereon, until paid; and a reasonable attorney's fee, and for all costs of this action; and for all charges due under the terms of the note and mortgage, and for such sums as may have been advanced since default on the indebtedness herein sued upon or may be hereafter advanced or incurred by Plaintiff through completion of this action, including taxes, recording fees, assessments, hazard insurance premiums, expenses reasonably necessary for the preservation of the subject property, or of the priority of Plaintiff's first mortgage lien, and further including costs, expenses and attorneys fees incurred in any bankruptcy instituted by any party defendant and all expenses, costs and attorneys fees of execution and sale, including poundage upon sale, on any judgment hereafter entered in this cause, including poundage upon sale, and for all costs of this action. And for a further judgment against all of the Defendants in and to this cause adjudging: That all of the Defendants herein be required to appear and set forth any right, title, claim or interest which they have, or may have, in and to said real estate and premises; and That said mortgage be foreclosed and that the same be declared a valid first, prior and superior lien upon the real estate hereinbefore described, for and in the amounts above set forth, and ordering said real estate and premises sold, for cash, with or without appraisement, as the Plaintiff may elect at the time judgment is entered as provided in said mortgage and by law, subject to unpaid taxes, advancements by Plaintiff for taxes, insurance premiums, or expenses necessary for the preservation of the subject property, if any, to satisfy said judgment, and that the proceeds arising therefrom be applied to the payment of the costs herein, and the payments and satisfaction of the judgment, mortgage and lien of this Plaintiff, and that the surplus, if any, be paid into Court to abide the further order of the Court. That should the proceeds of sale be insufficient to pay the Plaintiff's judgment and upon application of Plaintiff and hearing, a deficiency judgment be awarded to Plaintiff against such Defendants as may be personally liable therefor, all as provided by law. That all right, title and interest of said Defendants, and each of them, if any, in and to said real estate, be adjudged subject, junior and inferior to the mortgage lien and judgment of this Plaintiff, and that upon confirmation of such sale, the Defendants herein, and each of them, and all persons claiming by, through or under them since the commencement of this action, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to said premises, or any part thereof; That this Plaintiff have such other and further relief as may be just and equitable. Signed and dated this 27th, day of February 2026. LAMUN MOCK CUNNYNGHAM & DAVIS, P.C. ATTORNEYS' LIEN CLAIMED. By: ____________________________ Kelly M. Parker #22673 Attorneys for Plaintiff 5621 N. Classen Blvd. Oklahoma City, OK 73118 (405) 840-5900 CLOSED-END FIXED RATE NOTE (HOME EQUITY CONVERSION) FHA Case No. Loan No. MERS MIN JULY 16, 2010 501 E 10TH ST, GROVE, OKLAHOMA 74344-2966 [Property Address] 1. DEFINITIONS "Borrower" means each person signing at the end of this Note. "Lender" means GENERATION MORTGAGE COMPANY and its successors and assigns. "Secretary" means the Secretary of Housing and Urban Development or his or her authorized representatives. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for amounts to be advanced by Lender to or for the benefit of Borrower under the terms of a Home Equity Conversion Loan Agreement dated JULY 16, 2010 ("Loan Agreement"), Borrower promises to pay to the order of Lender a principal amount equal to the sum of all Loan Advances made under the Loan Agreement with interest. All amounts advanced by Lender, plus interest, if not due earlier, are due and payable on DECEMBER 11, 2087 . Interest will be charged on unpaid principal at the rate of FIVE AND 56/100 percent (5.560 %) per year until the full amount of principal has been paid. Accrued interest shall be added to the principal balance as a Loan Advance at the end of each month. 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." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall pay all outstanding principal and accrued interest to Lender upon receipt of a notice by Lender requiring immediate payment in full, as provided in Paragraph 6 of this Note. (B) Place Payment shall be made at GENERATION MORTGAGE COMPANY 3565 PIEDMONT ROAD NE, SUITE 300 ATLANTA, GEORGIA 30305-1538 may designate in writing by notice to Borrower. or at such other place as Lender may designate in writing by notice to Borrower. (C) Limitation of Liability Borrower shall have no personal liability for payment of this Note. Lender shall enforce the debt only through sale of the Property covered by the Security Instrument ("Property"). If this Note is assigned to the Secretary, the Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. 5. BORROWER'S RIGHT TO PREPAY A Borrower receiving monthly payments under the Loan Agreement has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty. Any amount of debt prepaid will first be applied to reduce the principal balance of the Second Note described in Paragraph 10 of this Note and then to reduce the principal balance of this Note. All prepayments of the principal balance shall be applied by Lender as follows: First, to that portion of the principal balance representing aggregate payments for mortgage insurance premiums; Second, to that portion of the principal balance representing aggregate payments for servicing fees; Third, to that portion of the principal balance representing accrued interest due under the Note; and Fourth, to the remaining portion of the principal balance. To the extent Borrower prepays any outstanding balance under this Note, such amounts will no longer be available to be advanced under this Note. 6. IMMEDIATE PAYMENT IN FULL (A) Death or Sale Lender may require immediate payment in full of all outstanding principal and accrued interest, if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower, or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property). (B) Other Grounds Lender may require immediate payment in full of all outstanding principal and accrued interest, upon approval by an authorized representative of the Secretary, if: (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; (ii) For a period of longer than 12 consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or (iii) An obligation of the Borrower under the Security Instrument is not performed. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, the debt enforced through sale of the Property may include costs and expenses, including reasonable and customary attorney's fees, associated with enforcement of 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. (D) Trusts Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyances of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph. 7. WAIVERS Borrower waives 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 obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note only through sale of the Property. 10. RELATIONSHIP TO SECOND NOTE (A) Second Note Because Borrower will be required to repay amounts which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to grant a Second Note to the Secretary. (B) Relationship of Secretary Payments to this Note Payments made by the Secretary shall not be included in the debt due under this Note unless: (i) This Note is assigned to the Secretary; or (ii) The Secretary accepts reimbursement by the Lender for all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the payments, shall be included in the debt. (C) Effect on Borrower Where there is no assignment or reimbursement as described in (B)(i) or (ii) and the Secretary makes payments to Borrower, then Borrower shall not: (i) Be required to pay amounts owed under this Note until the Secretary has required payment in full of all outstanding principal and accrued interest under the Second Note held by Secretary, notwithstanding anything to the contrary in Paragraph 6 of this Note; or (ii) Be obligated to pay interest under this Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance of this Note, notwithstanding anything to the contrary in Paragraph 2 of this Note or any Allonge to this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Ruth L. Slover (Seal) RUTH L. SLOVER - Borrower Charles C. Slover (Seal) CHARLES C. SLOVER - Borrower Pay to the order of Without recourse Generation Mortgage Company VOID Nicole Weaver, AVP Texas Capital Bank, NA As Attorney-In-Fact for: Generation Mortgage Company LIMITED POWER OF ATTORNEY Pursuant to that certain Agreement of even date herewith by and between the undersigned as "Seller" and TEXAS CAPITAL BANK, NATIONAL ASSOCIATION as "Bank", relating to the Bank's purchase of Participation Interests in Mortgage Loans originated by Seller (capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement), Seller hereby irrevocably appoints and designates Bank, and each of the Bank's vice presidents or more senior officers, as Seller's agent and attorney-in-fact, will full power of substitution, for and on behalf of; and in the name of Seller: (a) to endorse and deliver to any Person any check, instrument or other paper coming into Bank's possession and representing a payment made in respect of any Mortgage Loan in which Bank has purchased a Participation Interest in accordance with the Agreement, and any collateral and the Firm Commitment therefor; (b) to prepare, complete, execute, deliver and record any endorsement to Bank, the Investor or any other Person of any applicable Mortgage Note, or an assignment to Bank, Investor or any other Person of the interest in any Mortgage Note, Security Instrument and other related Mortgage Loan documents in which Bank has purchased a Participation Interest pursuant to the Agreement; (c) to do anything necessary, or desirable to effect transfer of all or any part of each Mortgage Loan in which Bank has purchased a Participation Interest in accordance with the Agreement to Bank, to any Investor or to any other Person; (d) to commence, prosecute, settle, discontinue, defend, or otherwise dispose of any claim relating to any Firm Commitment or any Mortgage Loan in which Bank has purchased a Participation Interest in accordance with the Agreement; and (e) to sign Seller's name wherever appropriate to effectuate the purposes of the Agreement; and (f) to take such further actions as Bank may deem appropriate, and to act under changed circumstances, the exact nature of which may not be currently foreseen or foreseeable, in order to effectuate Bank's rights under the Agreement. This Limited Power of Attorney shall not be affected by any subsequent disability or incapacity of the principal, or by the lapse of time. This appointment shall be deemed coupled with an interest. This appointment shall be construed in accordance with the laws of the State of Texas, and venue for any proceeding hereunder shall lie in Dallas County, Texas. Date: August 26, 2009 SELLER: GENERATION MORTGAGE COMPANY By: [Signature] Name: JOSEPH MORRIS Title: CEO STATE OF Georgia COUNTY OF Fulton This instrument was sworn to and subscribed before me on the 26 day of August, 2009, by JOSEPH MORRIS, CEO of GENERATION MORTGAGE COMPANY, A CALIFORNIA CORPORATION, on behalf of said CORPORATION. Kathryn L. Reynolds Notary Public, State of Georgia My commission expires: KATHRYN L. REYNOLDS NOTARY PUBLIC FULTON COUNTY State of Georgia My Comm. Expire July 01, 2012 ALLONGE TO FIXED RATE NOTE Loan Number: ___________________________ Loan Amount: $226,500.00 Mortgagor(s): Charles C. Slover And Ruth L. Slover Property Address: 501 E 10TH ST Grove, OK 74344-2966 Allonge to one certain Fixed Rate Note dated 7/16/2010, in favor of Generation Mortgage Company and executed by Charles C. Slover And Ruth L. Slover Pay To The Order Of: Without Recourse Generation Mortgage Company [Signature] Derk Allison Signature of Authorized Officer Derk Allison – Vice President Printed/Typed Name of Authorized Officer