THE LEMOINE GROUP, INC. v. GREG ALLEN BATTERSON

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA THE LEMOINE GROUP, INC.; Plaintiff, vs. GREG ALLEN BATTERSON; SPOUSE OF GREG ALLEN BATTERSON, IF MARRIED; OCCUPANTS OF THE PREMISES; STATE OF OKLAHOMA, EX REL. DEPARTMENT OF HUMAN SERVICES; STATE OF OKLAHOMA, EX REL. OKLAHOMA TAX COMMISSION; UNITED STATES OF AMERICA, EX REL. INTERNAL REVENUE SERVICE; Defendants. Case No. CJ-2026- Judge CJ- 2026 -00002 PETITION FOR FORECLOSURE OF MORTGAGE COMES NOW the Plaintiff and for cause of action against the Defendants, alleges and states: 1. Plaintiff is the holder of a note and mortgage secured by real property located within this County in the State of Oklahoma. 2. This court has both jurisdiction and venue for this cause of action. 3. On or about March 14, 2005, the Defendant, Greg Allen Batterson, for good and valuable consideration, made, executed and delivered to EquiFirst Corporation, a certain THIS FORECLOSURE ACTION UPON COMPLETION IS NOT TO BE CONSTRUED AS A TITLE GUARANTEE OR FOR PURPOSES OF TITLE INSURANCE. promissory note, in writing, promising and agreeing to pay to the holder thereof, the sum of $41,000.00 with interest thereon at the rate of 10.35% per annum on the unpaid balance, payable in monthly installments of $370.46, to be applied first to the interest on the unpaid balance and the remainder to the principal until said debt is paid in full. A copy of said Note is attached hereto, marked Exhibit "A" and made a part hereof, as if incorporated herein in full. 4. That as part and parcel of the same transaction, and for the purpose of securing the payment of the aforesaid promissory note and all of the indebtedness evidenced thereby, the maker of said note, being then and there the owner of the fee simple title of record of the property hereinafter described, made executed and delivered to Mortgage Electronic Registration Systems, Inc., as Nominee for EquiFirst Corporation, a real estate purchase money mortgage, encumbering the following real property, to-wit: Lot Five (5), Block Seven (7), STONE WOOD HILLS II, an Addition to the City of Broken Arrow, Tulsa County, State of Oklahoma, according to the recorded Plat thereof, commonly known as 2208 North 2nd Street, Broken Arrow, OK 74012 (the "Property") That said mortgage was duly executed and acknowledged, according to law, and was duly recorded in the Office of the County Clerk of said County, State of Oklahoma, recorded on March 28, 2005, Document No. 2005035179. Said mortgage is a good and valid second lien upon the property above described, subject to a first mortgage to Mortgage Electronic Registration Systems, Inc., as Nominee for EquiFirst Corporation, recorded on March 28, 2005, in Document No. 2005035178, in the amount of $164,000.00 and subsequently assigned to U.S. Bank, N.A., as Trustee for RAMP 2005-EFC1, in Document No. 2015052897. A copy of said second mortgage is attached hereto, marked Exhibit "B" and a loan modification agreement is attached hereto, marked Exhibit "C" and made a part hereof, as if incorporated herein in full. The mortgage tax due on said mortgage, as provided by the laws of the State of Oklahoma, has been duly paid, as evidenced by the endorsement thereon. 5. That the Plaintiff has the right to foreclose and is the present holder of said Note and Mortgage having received due assignment of mortgage through mesne assignments of record, said assignment of mortgage recorded in the office of the County Clerk of said County in Document No. 2021043197. A copy of said assignment of mortgage is attached hereto, marked Exhibit "D" and incorporated herein by reference. 6. That said mortgage provides that, in addition to the monthly payments of principal and interest as provided in said Note, the Mortgagor will pay on the first day of each month, installments of taxes, special assessments, insurance premiums, fire and other hazardous insurance premiums relating to said property and said Mortgage. 7. By the terms and conditions of said Note and Mortgage now held by the Plaintiff, it is specifically provided that in the event of default in the payments of any installment due under said Note and Mortgage, the entire amount outstanding, less unearned interest, shall at once become due and payable at the option of the Note holder. 8. Plaintiff further states that said payment was due, according to the terms of said Note on April 1, 2025, which said payment has not been made; the subsequent payments due on said note have not been paid, and Plaintiff, as the holder of said note, has elected to declare the entire balance due and payable; there is now due on said Note and Mortgage the principal sum of $61,474.18 with accrued interest thereon, plus interest accruing at the rate of 8% per annum from March 1, 2025, and as modified, until paid, as provided for in said Note and Mortgage. Plaintiff has demanded the payment of the same but the Defendant failed, refused and neglected to pay such amounts due. 9. Plaintiff further states that by reason of the default of said Defendant, the conditions of said Note and Mortgage have been broken; that the whole amount of the indebtedness thereby secured has matured and is now due and payable, together with interest thereon. By reason of the default aforesaid, Plaintiff has been required to pay abstracting charges and will be required to pay other title search expenses during the pendency of this action, and Plaintiff as provided in the Note and Mortgage, is entitled to reimbursement for these costs, the costs of preservation, and the costs of this suit and of collection including a reasonable attorney's fee. 10. Plaintiff has complied with all provisions of the mortgage including provisions relating to notice of default and is thus entitled to foreclosure of its mortgage and to a decree of this Court that its mortgage lien is a second and prior lien thereon, subject to a first mortgage to Mortgage Electronic Registration Systems, Inc., as Nominee for EquiFirst Corporation, recorded on March 28, 2005, in Document No. 2005035178, in the amount of $164,000.00 and subsequently assigned to U.S. Bank, N.A., as Trustee for RAMP 2005-EFC1, in Document No. 2015052897 and that the same should be sold to satisfy the indebtedness due Plaintiff herein. 11. That after allowing all just credits, there is due to Plaintiff on said Note and Mortgage the sum of $61,474.18, with accrued interest thereon, plus interest accruing at the rate of 8% per annum from March 1, 2025, and as modified, until paid; abstracting expense, accrued and accruing; insurance and preservation expenses accrued and accruing, bankruptcy fees and costs, if any; a reasonable attorney's fee provided for in said Note and Mortgage, and Plaintiff's costs; and all necessary funds advanced by Plaintiff accrued and accruing hereafter through completion of this action, for which said amounts said Mortgage is a second, prior and superior lien upon the real estate and premises above described, subject to a first mortgage to Mortgage Electronic Registration Systems, Inc., as Nominee for EquiFirst Corporation, recorded on March 28, 2005, in Document No. 2005035178, in the amount of $164,000.00 and subsequently assigned to U.S. Bank, N.A., as Trustee for RAMP 2005-EFC1, in Document No. 2015052897. 12. That the Defendant, Spouse of Greg Allen Batterson, if married, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, Spouse of Greg Allen Batterson, if married, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, Spouse of Greg Allen Batterson, if married, be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the lands involved in this action or be forever barred from claiming any right in and to the said real estate. 13. That the Defendant, Occupants of the Premises, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein, for and on account of tenancy. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, Occupants of the Premises, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, Occupants of the Premises, be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the lands involved in this action or be forever barred from claiming any right in and to the said real estate. 14. That the Defendant, State of Oklahoma, ex rel. Department of Human Services, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein, for and on account of a statement of judgment and a renewal of judgment. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, State of Oklahoma, ex rel. Department of Human Services, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, State of Oklahoma, ex rel. Department of Human Services, be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the lands involved in this action or be forever barred from claiming any right in and to the said real estate. Copies of said judgment and renewal of judgment are attached hereto, marked Exhibit "E" and "F", and incorporated herein by reference. 15. That the Defendant, State of Oklahoma, ex rel. Oklahoma Tax Commission, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein, for and on account of the following tax warrants: #1581813760 filed on 04/17/18 $1,404.01 #572526592 filed on 10/24/19 $2,325.38 Plaintiff states, however, that any right, title, or interest claimed by said Defendant, State of Oklahoma, ex rel. Oklahoma Tax Commission, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, State of Oklahoma, ex rel. Oklahoma Tax Commission, be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the lands involved in this action or be forever barred from claiming any right in and to the said real estate. Copies of said warrants are attached hereto, marked Exhibit "G" and "H", and incorporated herein by reference. 16. That the Defendant, United States of America, ex rel. Internal Revenue Service, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein, for and on account of two tax liens. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, United States of America, ex rel. Internal Revenue Service, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, United States of America, ex rel. Internal Revenue Service, be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the lands involved in this action or be forever barred from claiming any right in and to the said real estate. Copies of said liens are attached hereto, marked Exhibit "I" and "J", and incorporated herein by reference. 17. This is an attempt to collect a debt and any information obtained will be used for that purpose. The creditor signed has employed the below law firm to collect the amount of debt, together with any other costs and expenses allowed under the note and real estate mortgage. Prior to the filing of this action and in compliance with the Fair Debt Collection Practices Act the Plaintiff's attorney has mailed Debt Verification Notices to the last known addresses of the debtor. WHEREFORE, premises considered, Plaintiff prays that it have judgment, in personam and in rem, of and from the Defendant, Greg Allen Batterson, in the amount of $61,474.18 with accrued interest thereon, plus interest accruing at the rate of 8% per annum from March 1, 2025, and as modified, until paid, abstracting expense, accrued and accruing; insurance and preservation expenses accrued and accruing; bankruptcy fees and costs, if any; a reasonable attorney's fee provided for in said Note and Mortgage, and Plaintiff's costs; and all necessary funds advanced by Plaintiff accrued and accruing hereafter through completion of this action. And a further judgment against all of the Defendants, adjudging; That said mortgage be foreclosed and that the same be declared a valid second and prior lien upon the real estate and premises above described, subject to a first mortgage to Mortgage Electronic Registration Systems, Inc., as Nominee for EquiFirst Corporation, recorded on March 28, 2005, in Document No. 2005035178, in the amount of $164,000.00 and subsequently assigned to U.S. Bank, N.A., as Trustee for RAMP 2005-EFC1, in Document No. 2015052897, for and in the amount set forth, and order the said real estate and premises sold, with or without appraisement, as the Plaintiff shall elect at the time judgment is rendered herein; and as provided in said Mortgage, and by law, subject to unpaid taxes, if any, to satisfy said judgment and the proceeds therefrom applied to the payment of the costs herein and payment 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 all of said Defendants 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, which they, in any way claim, is prior or superior to the mortgage and lien of this Plaintiff; That the Court adjudicate that all of said claims are subject, junior and inferior to the mortgage, lien and judgment of this Plaintiff; and that upon confirmation of said 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 and to said premises or any part thereof; That this Plaintiff have such other and further relief as may be just and equitable. KIVELL, RAYMENT AND FRANCIS A Professional Corporation By: Ger'Kayla Tunley Ger'Kayla Tunley, OBA #36283 Triad Center I, Suite 550 7666 East 61st Street Tulsa, Oklahoma 74133 Telephone (918) 254-0626 Facsimile (918) 254-7915 E-mail: [email protected] ATTORNEYS FOR PLAINTIFF VERIFICATION STATE OF OKLAHOMA ) COUNTY OF TULSA ) ss. Ger'Kayla Tunley, being first duly sworn, upon oath, deposes and says: That he/she is one of the attorneys for the Plaintiff in the above entitled action; that he/she prepared the above and foregoing Petition, knows the contents thereof, and that to the best of his/her knowledge and belief, the matters and things therein set forth are true and correct. By: Ger'Kayla Tunley Date: 12-31-2025 Title: Attorney Ger'Kayla Tunley, OBA #36283 Triad Center I, Suite 550 7666 East 61st Street Tulsa, Oklahoma 74133 Telephone (918) 254-0626 Facsimile (918) 254-7915 E-mail: [email protected] ATTORNEYS FOR PLAINTIFF SUBSCRIBED AND SWORN to before me this 31 day of Dec., 2025, by Ger'Kayla Tunley. Melissa D. Savino NOTARY PUBLIC NOTE March 14, 2005 (Date) Broken Arrow (City) OK (State) 2208 North 2nd Street, Broken Arrow, OK 74012 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $41,000.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is EquiFirst Corporation I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 10.350%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on May 1, 2005. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of it's scheduled due date and will be applied to interest before principal. If on, April 1, 2035, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at EquiFirst Corporation, 500 Forest Point Circle, Charlotte, NC 28273 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $370.46. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES I agree that this loan is subject to the provisions of the Oklahoma Uniform Consumer Credit Code (14A O.S. Section 1-101, et seq)). If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be no less than $19.00 and no more than N/A % of my overdue payment of principle and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 35 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees of up to 15% of the unpaid debt I owe after default, provided the attorney is not an employee of the Note Holder.. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by certified mail to the Note Holder at the address stated in Section 3(A) above or a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person), without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by Applicable Law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED [Signature] Greg Allen Batterson - Borrower [Blank] (Seal) - Borrower [Blank] (Seal) - Borrower [Blank] (Seal) - Borrower [Blank] (Seal) - Borrower EXHIBIT A Note Endorsements Borrower(s): Greg Allen Batterson Property Address: 2208 North 2nd Street, Broken Arrow, OK 74012 Without Recourse, Pay to the Order of: RESIDENTIAL FUNDING CORPORATION EquiFirst Corporation By: Andrea Okey Margaret Kronmueller 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 POOL: 0 LOAN ID: NOTE DATE: 03/14/2005 LOAN AMOUNT: $41,000.00 BORROWER NAME: GREG A BATTERSON PROPERTY ADDRESS: 2208 NORTH 2ND STREET, BROKEN ARROW, OK 74012 PAY TO THE ORDER OF U.S. Bank National Association as Trustee 60 Livingston Avenue, St. Paul, MN 55107 WITHOUT RE COURSE Residential Funding Corporation By: Name: John Hagebock Title: Vice President Residential Funding Corporation EXHIBIT A ALLONGE AFFIDAVIT FOR THE PURPOSE OF NOTE ENDORSEMENT Loan #: ____________________________ This Lost Allonge Affidavit is to be attached to and made a part of that certain CONSUMER NOTE AND SECURITY AGREEMENT further described herein: Note Date: 03/14/2005 Original Note Amount: $41,000.00 Executed By/Borrower(s): Greg A Batterson Payee/Beneficiary: EquiFirst Corporation Property Address: 2208 North 2nd Street, Broken Arrow, OK 74012 I THE UNDERSIGNED, being the proper and authorized officer of DBI/ASG Mortgage Holdings, LLC being first duly sworn, declare as follows: THAT the endorsement from U.S. Bank National Association as Trustee remains unexecuted and unobtainable to date thereby rendering the chain of ownership of the Note incomplete. THAT DBI/ASG Mortgage Holdings, LLC has been unable to locate any of the said lending institution's registered agents or officers authorized to sign as Trustee. THAT the purpose of this Affidavit is to confirm that DBI/ASG Mortgage Holdings, LLC is in possession of the original Note and declares it is the current and rightful owner of all Beneficial Interest in and to said Note. It is to be read together with, and is hereby incorporated by reference in, the attached instrument, and contributes an integral part thereof. WITHOUT REOURSE, PAY TO THE ORDER OF: DBI/ASG Mortgage Holdings, LLC U.S. Bank National Association as Trustee By: DBI/ASG Mortgage Holdings, LLC By: ________________________________ Name: William Buchanan Title: Vice President EXHIBIT A ALLONGE TO THE NOTE Loan #: Previous Loan #: [redacted] Borrower: Greg Allen Batterson Date of Note: 03/14/2005 Loan Amount: $41,000.00 Property Address: 2208 North 2nd Street, Broken Arrow OK 74012 For value received, I hereby transfer, endorse and assign the within Note and Deed of Trust / Mortgage securing the same, so far as the same pertains to said Note. Pay to the order of : The Lemoine Group, Inc. Without Recourse DBI-ASG Mortgage Holdings, LLC 4144 N. Central Expressway, Ste. 900 Dallas, TX 75204 Signature: [signature] Printed Name: Ron Bookman Title: Vice President EXHIBIT A Tulsa County Clerk - EARLENE WILSON Doc# 2005035179 Pg# 10 Receipt # 786957 03/28/05 15:43:08 Fee 31.00 WHEN RECORDED MAIL TO EquiFirst Corporation 500 Forest Point Circle Charlotte, NC 28273 Guaranty Abstract Company P.O. Box 3048 TULSA, OKLAHOMA 74101 Mortgage Tax Certification DENNIS SEMLER, Tulsa County Treasurer Date 3/28/2005 Tax 41.00 Deputy GJB Receipt 137107 [REDACTED BY COURT SYSTEM] MORTGAGE THIS MORTGAGE is made this 14th day of March, 2005, between the mortgagor, Greg Allen Batterson, sole owner ("Borrower"), and the Mortgagee, Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns). MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. [REDACTED BY COURT SYSTEM]. EquiFirst Corporation organized and existing under the laws of North Carolina 500 Forest Point Circle, Charlotte, NC 28273 ("Lender") is , and has an address of [REDACTED BY COURT SYSTEM]. WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $41,000.00 , which indebtedness is evidenced by Borrower's note dated March 14, 2005 and extensions and renewals thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of indebtedness, if not sooner paid, due and payable on April 1, 2005 ; TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, Oklahoma · SECOND MORTGAGE · 12/06 · FNMA/FHLMC UNIFORM INSTRUMENT WITH MERS A signed 1001 Form 1001 AFTER RECORDING RETURN TO: GUARANTY ABSTRACT COMPANY 9105 NORTH GARNETT OWASSO, OK 74055 EXHIBIT B 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 the County of Tulsa, State of Oklahoma: See Attached Exhibit A which has the address of 2208 North 2nd Street, Broken Arrow, [Street] [City] Oklahoma 74012 (herein "Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Mortgage; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Mortgage. 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 covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sum secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof (unless applicable law provides otherwise), upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as required by applicable law. The notice shall specify: (1) the breach; (2) the action required to cure the breach; (3) a date, not less than 30 days from the date the notice is given to Borrower, by which the breach must be cured; (4) that failure to cure the breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage and sale of the Property; and (5) any other information required by applicable law. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender, at its option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this paragraph 17, 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 persons prescribed by applicable law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Appointment of Receiver. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Lender shall pay all costs of recordation, if any. 21. Waiver of Appraisement. Appraisal of the Property is hereby waived or not waived at Lender's option, which shall be exercised at the time judgment is entered in any foreclosure hereof or at any time prior thereto. 22. Assumption Fee. If there is an assumption pursuant to paragraph 16 hereof, Lender may charge an assumption fee of U.S. $500.00 NOTICE TO BORROWER A power of sale has been granted in this Mortgage. 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 Mortgage. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. [signature] Greg Allan Batterson (Sign Original Only) STATE OF OKLAHOMA, TULSA County: The foregoing instrument was acknowledged before me this 14th day of March, 2005 by Greg Allan Batterson and SHASTA LYNN BATTERSON, husband and wife Witness my hand and seal on this date. My Commission Expires: 12/5/07 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 14th day of March, 2005, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to EquiFirst Corporation (the "Lender") of the same date and covering the Property described in the Security Instrument and located at 2208 North 2nd Street, Broken Arrow, OK 74012 (Property Address) The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in (the "Declaration"). The Property is a part of a planned unit development known as Stone Wood Hill II (Name of Planned Unit Development) (the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. EXHIBIT B B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constitution Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this PUD Rider. Greg Allen Batterson (Seal) -Borrower Shasta Lynn Batterson (Seal) -Borrower LEGAL DESCRIPTION CONTINUED Lot Five (5), Block Seven (7), STONE WOOD HILLS II, an Addition to the City of Broken Arrow, Tulsa County, State of Oklahoma, according to the recorded Plat thereof. C.B. - EXHIBIT B After Recording Return To: Sortis Financial, Inc. 18451 N. Dallas Pkwy, Suite 100, Dallas, TX 75287 Tax/Map/Parcel ID No. [Space Above This Line For Recording Data] Investor Loan Number: Investor Number: Borrower: Batterson MODIFICATION AGREEMENT Borrower ("I"): GREG ALLEN BATTERSON whose address is 2208N 2ND ST, BROKEN ARROW, OK 74012 and whose phone number is ("Borrower"). If there is more than one Borrower or Mortgagor 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. Lender or Servicer ("Lender"): Sortis Financial, Inc., a Delaware Corporation for DBI / ASG Mortgage Holdings, LLC, whose address is 18451 N. Dallas Pkwy, Suite 100, Dallas, TX 75287 and whose phone number is ________ Date of second lien mortgage, deed of trust, or security deed ("Mortgage") recorded in Book or Liber Document: 2005035179 , of the County Clerk Records of TULSA County, OKLAHOMA and Note ("Note"): March 14, 2005. Loan Number: 218569 Property Address ("Property"): 2208N 2ND ST., BROKEN ARROW, OKLAHOMA 74012 Lot Five (5), Block Seven (7), Stone Wood Hills II, an addition to the City of Broken Arrow, Tulsa County, State of Oklahoma, according to the recorded Plat thereof. If my representations in Section 1 continue to be true in all material respects, then this 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. EXHIBIT C I understand that after I sign and return two copies of this Agreement to the Lender, the Lender will send me a signed copy of this Agreement. If submitted electronically, please follow the agreed-upon e-process. Make sure to keep a copy for your records. This Agreement will not take effect unless the preconditions set forth in Section 2 have been satisfied. 1. My Representations. I certify, represent to Lender 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. Property Type: PUD. 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 Modification program ("Program")); E. Under penalty of perjury, all documents and information I have provided to Lender in connection with this Agreement, including the documents and information regarding my eligibility for the Program, are true and correct; F. If Lender 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. If prior to the Modification Effective Date as set forth in Section 3 the Lender 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 will have all of the rights and remedies provided by the Loan Documents; and B. I understand that the Loan Documents will not be modified unless and until (i) the Lender accepts this Agreement by signing and returning a copy of it to me, and (ii) the Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Lender 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. 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 September 1, 2018 (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 October 1, 2018. A. The new Maturity Date will be: September 1, 2033. 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 Lender but not previously credited to my Loan. The new Principal balance of my Note will be $41,826.25 (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 8% will begin to accrue on the New Principal Balance as of 9/1/2018 and the first new monthly payment on the New Principal Balance will be due on 1/1/2018. My payment schedule for the modified Loan is as follows: <table> <tr> <th>Years</th> <th>Interest Rate</th> <th>Interest Rate Change Date</th> <th>Monthly P&I Payment Amount</th> <th>Monthly Escrow Payment Amount*</th> <th>Total Monthly Payment*</th> <th>Payment Begins On</th> <th>Number of Monthly Payments</th> </tr> <tr> <td>1-15</td> <td>8.00%</td> <td>9/1/2018</td> <td>$399.71</td> <td>$0.00</td> <td>$399.71</td> <td>10/1/2018</td> <td>180</td> </tr> </table> *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 has waived this requirement in writing. B. That this Agreement shall supersede the terms of any modification, forbearance, Trial Period Plan or Workout Plan that I previously entered into with Lender. C. To comply, except to the extent that they are modified by this Agreement, with all covenants, agreements, and requirements of 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. Intentionally Deleted E. That the Loan Documents are composed of duly valid, binding agreements, enforceable in accordance with their terms and are hereby reaffirmed. F. That all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, 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, the Lender 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's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Mortgage. However, Lender shall not exercise this option if federal law prohibits the exercise of such option as of the date of such sale or transfer. If Lender exercises this option, Lender 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 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 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 circumstance, to assume the Loan. Except as noted herein, this Agreement may not, under any circumstances, be assigned to, or assumed by, a buyer of the Property. 1. 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 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 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 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 Agreement 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 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 2026, Flint, MI 48501-2026, (888) 679-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 and Lender'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 including, but not limited to, releasing and canceling the mortgage loan. M. That Lender 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 to (a) the U.S. Department of the Treasury; (b) any investor, insurer, guarantor or servicer that owns, insures, guarantees or services my first lien or subordinate lien (if applicable) mortgage loan(s); and (c) 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 request to execute, acknowledge, initial and deliver to the Lender any documentation the Lender deems necessary. If the original promissory note is replaced, the Lender hereby indemnifies me against any loss associated with a demand on the original note. All documents the Lender 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 written request for such replacement. O. That the mortgage insurance premiums on my Loan, if applicable, may increase as a result of the capitalization which will result in a higher total monthly payment. Furthermore, the date on which I may request cancellation of mortgage insurance may change as a result of the New Principal Balance. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. In Witness Whereof, the Lender and I have executed this Agreement. DBI/ASG Mortgage Holdings, LLC By: Sortis Financial, Inc., Its: Attorney-In-Fact By: _______________________ Name: Its: Date: [Signature] Greg Allen Batterson Date: 10/5/18 _____ _____ |Space Below This Line For Acknowledgment| ____________ State of OKLAHOMA County of Tulsa This instrument was acknowledged before me on 10/5/2018 by Greg Allen Batterson. POWDER Notary Public Brittainy Westie Printed Name Title (and Rank): CSR My commission expires: 3.16.2021 My commission #: 17002603 EXHIBIT C Date: September 6, 2013 Loan Number: ________ Borrower: Batterson COMPLIANCE AND CORRECTION AGREEMENT Borrower(s): Greg Allen Batterson In consideration of Soris Financial, Inc., a Delaware Corporation for DBI / ASG Mortgage Holdings, L.L.C. ("Lender") modifying certain loan terms pursuant to an agreement to effectuate the modification of the above referenced loan ("Loan") secured by the Property located at 2208N 2ND ST., BROKEN ARROW, OKLAHOMA 74012, the undersigned ("Borrower" whether one or more) agrees, upon request of Lender, to (1) correct any inaccurate terms or provisions in any and all of the documents executed or delivered in connection with the modified Loan; (2) execute, acknowledge and/or initial such documentation as Lender deems necessary to replace and/or correct any lost, misplaced, omitted, misstated or inaccurate document; and (3) execute, acknowledge and/or initial such document(s) or take such action as Lender reasonably may deem necessary or desirable to enable Lender to sell, convey, seek guaranty or insurance for or market the modified Loan to any entity, including, without limitation, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Authority, the Department of Veterans Affairs, or any state or municipal housing authority. The agreements contained herein shall apply whether the mistake or inaccuracy is due to a unilateral mistake on the part of Lender or Borrower, a mutual mistake on the part of Lender and Borrower or a clerical error on the part of any party to the transaction. Borrower further agrees to comply with any request within 10 days of the date such request is made. Failure to comply may invalidate the terms of the modified Loan. In addition, Borrower shall be liable for any and all losses or damages sustained by Lender as a result of such failure, including, but not limited to, all attorney's fees and costs incurred by Lender. This agreement shall be binding on each Borrower, their heirs and assigns, and shall inure to the benefit of Lender, its successors and assigns. Date: 10/5/13 Greg Allen Batterson State of TEXAS County of This instrument was acknowledged before me on ________ by ____________________________, ________ of Sortis Financial, Inc., a Delaware Corporation, on behalf of said entity. [Seal] ____________________________________ Notary Public ____________________________________ Printed Name My commission expires on __________________ Tulsa County Clerk - Michael Willis Doc # 2021043197 Page(s): 2 Recorded 04/16/2021 02:02:52 PM Receipt # 21-25980 Fees: $20.00 When Recorded Return To: THE LEMOINE GROUP/KALEENA OGO P.O. BOX 458 KIMBERLING CITY, MO 65686 Ref#: *BATTERSONGREG* CORPORATE ASSIGNMENT OF MORTGAGE Arrow, Oklahoma RERERENCE# "BATTERSON" For Value Received, DBI/ASG Mortgage Holdings, LLC. at 4144 N. Central Expressway, Ste. 900, Dallas, TX 75204 hereby grants, assigns and transfers to The Lemoine Group, Inc. at 11088 Trask Ave, Suite 100, Garden Grove, CA 92843 all beneficial interest under that certain Mortgage dated March 14, 2005, in the amount of $41,000.00, executed by Greg Allen Batterson, sole owner, to Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for EquiFirst Corporation, its successors and/or assigns and recorded: 03/28/2005 as Instrument No.: 2005035179 in Tulsa County, State of Oklahoma and all rights accrued or to accrue under said Mortgage. In witness whereof this instrument is executed. DBI/ASG Mortgage Holdings, LLC On 3-29-2021 Ron Bookman Name: Ron Bookman Title: Vice President STATE OF TEXAS COUNTY OF DALLAS Before me, Britt Roberts, a Notary Public, personally appeared Ron Bookman, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledging to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 29th DAY OF MARCH 2021 Britt Roberts Notary Public: My commission expires: 1-23-2023 EXHIBIT D EXHIBIT "A" LEGAL DESCRIPTION Lot Five (5), Block Seven (7), STONE WOOD HILLS II, an Addition to the City of Broken Arrow, Tulsa County, State of Oklahoma, according to the recorded Plat thereof. EXHIBIT D STATE OF OKLAHOMA STATEMENT OF JUDGMENT State of Oklahoma ) TULSA COUNTY ) SS. Michael Nesser, of lawful age, states: 1. On 06/19/2019 judgment was entered in case number 15-06289-73 in the Administrative Court and docketed in FP-2015-236 in the District Court of TULSA COUNTY. Against Judgment Debtor: GREG ALLEN BATTERSON, FGN 000766947002 In Favor of Judgment Creditor: Oklahoma Department of Human Services, Child Support Services Amount of Judgment & Attorney Fees: $4094.08. However, delinquent child support payments are judgments and liens by operation of law. The amount of the lien is the amount reflected in the records of the Oklahoma Centralized Support Registry (43 O.S. §§135-137) plus statutory interest (43 O.S. §114). 2. Judgment was filed with the Court Clerk of TULSA COUNTY on 7-2-19. 3. The County Clerk shall enter on the judgment index a statement based on this information, in compliance with 12 O.S. §706. 4. The name and address of the judgment creditor is: CSS, 3868 N PEORIA AVE, PO BOX 27068, TULSA, OK 74149, [email protected]. Upon Oath: Michael Nesser OBA No. 22663 State's Attorney DHS, CSS CSS 3868 N PEORIA AVE PO BOX 27068 TULSA, OK 74149 (918) 295-3500 Fax: (918) 430-2364 Signed and sworn to before me on ___________________________. ______________________________________, Notary Public My Commission Number ____________________ Expires: _______________________ Date of filing with the County Clerk: ____________________ CSGN9 v5 U647Z3/TJE Pkg 2019061915485088-001 DISTRICT COURT FILED AUG - 8 2025 DON NEWBERRY, Court Clerk STATE OF OKLA. TULSA COUNTY IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA GREG BATTERSON, ) ) ) Dist. Court No.: FP 2015-236 ) OAH No.: 15-06286-73 ) ) FGN: 000766947002 Petitioner, ) ) ) vs. MARSHA ANN THAYER, ) ) ) ) ) ) Respondent. Notice of Renewal of Judgment 1. Notice is given of renewal of the judgment that was rendered and filed in this action as follows: A. Date of original filing with Court Clerk: 07/03/2019 B. County of filing: TULSA Book: ____________ Page: ___________ Document: 2019058915 C. Against Judgment Debtor: GREG ALLEN BATTERSON [REDACTED] D. Judgment Creditor: Child Support Services 2. If applicable, a Notice of Renewal of Judgment has been previously filed with the Court Clerk on: . Director, Oklahoma Human Services By: R. Banks Renee Banks, OBA No. 15645 CSS State's Attorney CSS 3666 N PEORIA AVE PO BOX 27068 TULSA, OK 74149 (918) 295-3500 Fax: (918) 430-2364 [email protected] Judgment Creditor: The original of the Notice is to be filed in the case. A certified copy of this Notice of Renewal of Judgment must be filed in the office of the County Clerk for any county in which a judgment lien is sought to be retained. Oklahoma Tax Commission 2501 Lincoln Blvd. PO Box 269060 Oklahoma City, Oklahoma 73126-9060 Tulsa County Tax Warrant #: 1581813760 Date Assessed: July 18, 2016 THE STATE OF OKLAHOMA TO: The County Clerk of Tulsa County, Oklahoma Whereas, the above named taxpayer(s) is indebted to the State of Oklahoma for ITT with penalties and interest thereon computed to date, for the period(s) and in the amount(s) as follows: ITT-14005388-02 01/01/2015-12/31/2015 Total Tax: $ 929.00 Interest to date of issuance: $ 277.29 Penalties to date of issuance: $ 46.45 Tax warrant penalty: $ 125.27 Filing Fee: $ 26.00 Total Amount Due: $ 1,404.01 Interest continues to accrue on the total tax until paid, and additional penalties may accrue as authorized by Oklahoma Law. Now therefore, you are directed to record and index this warrant in the same manner as a judgement, using the name(s) of the delinquent taxpayer(s) shown above, name of the tax, the amount of the tax, interest and penalties for which the warrant is issued, and the date and time when filed. In witness whereof, the Oklahoma Tax Commission has caused this writ to be subscribed and duly attested, with the seal of said commission affixed this April 16, 2018 Assistant Secretary Oklahoma Tax Commission 2501 Lincoln Blvd. PO Box 269060 Oklahoma City, Oklahoma 73126-9060 Tulsa County THE STATE OF OKLAHOMA TO: The County Clerk of Tulsa County, Oklahoma Whereas, the above named taxpayer(s) is indebted to the State of Oklahoma for IIT with penalties and interest thereon computed to date, for the period(s) and in the amount(s) as follows: IIT-14005383-02 01/01/2016-12/31/2016 Total Tax: $ 1,386.00 Interest to date of issuance: $ 644.08 Penalties to date of issuance: $ 69.30 Tax warrant penalty: $ 200.00 Filing Fee: $ 26.00 Penalties to date of issuance: $ 2,325.38 Interest continues to accrue on the total tax until paid, and additional penalties may accrue as authorized by Oklahoma Law. Now therefore, you are directed to record and index this warrant in the same manner as a judgement, using the name(s) of the delinquent taxpayer(s) shown above, name of the tax, the amount of the tax, interest and penalties for which the warrant is issued, and the date and time when filed. In witness whereof, the Oklahoma Tax Commission has caused this writ to be subscribed and duly attested, with the seal of said commission affixed this October 15, 2019 Oklahoma Tax Commission: [Signature] Assistant Secretary DO NOT REMOVE THIS PAGE THIS IS PART OF YOUR RECORDED DOCUMENT THIS PAGE HAS BEEN ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION. EXHIBIT I Doc # 2015048146 Page: 2 of 2 Form 668 (Y)(c) (Rev. February 2004) Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: Serial Number Form Rev. Date of Assessment Last Day for Refiling Unpaid Balance of Assessment Place of Filing This notice was prepared and signed at NASHVILLE, TN , on this, the 22nd day of May , 2015. Signature for P.A. BELTON (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax Lien) Rev. Rul. 71-466, 1971-2 C.B. 460) EXHIBIT J DO NOT REMOVE THIS PAGE THIS IS PART OF YOUR RECORDED DOCUMENT THIS PAGE HAS BEEN ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION. EXHIBIT Doc #2017102536 Page 2 of 2 Form 668 (Y)(c) (Rev. February 2004) 6788 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: SMALL BUSINESS/SELF EMPLOYED AREA #5 Serial Number 283189917 Lien Unit Phone: As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following-named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer GRIG BATTERSON Residence 2208 N 2ND PL BROKEN ARROW, OK 74012-8469 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is filed by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC §6325(a). <table> <tr> <th>Kind of Tax (a)</th> <th>Tax Period Ending (b)</th> <th>Identifying Number (c)</th> <th>Date of Assessment (d)</th> <th>Last Day for Filing (e)</th> <th>Unpaid Balance of Assessment (f)</th> </tr> <tr> <td>1040</td> <td>12/31/2014</td> <td></td> <td>09/21/2015</td> <td>10/21/2025</td> <td>42833.98</td> </tr> <tr> <td>1040</td> <td>12/31/2015</td> <td></td> <td>10/24/2016</td> <td>11/23/2026</td> <td>8026.43</td> </tr> </table> Place of Filing COUNTY CLERK TULSA COUNTY TULSA, OK 74103 Total $ 50860.41 This notice was prepared and signed at NASHVILLE, TN on this the 19th day of October, 2017. Signature Joan Flack Title ACS SBSR for S. MCGUIGAN (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax Lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Part I - Kept By Recording Office Form 668(Y)(c) (Rev. 2-2004) CAT. NO 60025X