IN THE DISTRICT COURT OF CARTER COUNTY
STATE OF OKLAHOMA
KRUGER INVESTMENT COMPANY,
a corporation,
Plaintiff,
vs.
Cecil R. Lawrence and Diamondday Lawrence,
Husband and wife, and Unknown Tenant, if any,
And or Occupants of the Premises,
Defendants.
PETITION
Comes now the plaintiff and for cause of action against the above-named defendants, alleges and states:
1. That the plaintiff is a corporation organized and existing under the laws of the State of Oklahoma, having its principal office in Oklahoma City, Oklahoma, and that it is authorized by law to transact business in the State of Oklahoma and that the Oklahoma Statutes regarding the payment of mortgage taxes have been fully complied with herein.
2. That the defendants Cecil R. Lawrence and Diamondday J. Lawrence, are wife and husband and they are the owners of the real property as hereinafter described and upon which plaintiff is foreclosing its mortgage herein and they are claiming an interest in said real property adverse to plaintiffs said mortgage lien as hereinafter set out.
3. That heretofore and on the 25th day of APRIL, 2018 the said Cecil R. Lawrence and Diamondday Lawrence, for a good and valuable consideration, made, executed and delivered to KRUGER INVESTMENT COMPANY, a certain promissory note in writing for the principal sum of $14,000.00 with interest thereon at the rate of 12% per annum on the unpaid balance of principal and interest, payable at $200.86 per month, principal and interest, beginning on the 10th day of JUNE, 2018 and the same amount on the same day of each month thereafter until paid, 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 true and correct copy of said note is attached hereto, marked Exhibit "A" and is made a part hereof, which said note is not subject to taxation under the intangible property tax statute.
4. That it is agreed in said note in the event of default in the payment of any installment, and if such
default was not made good prior to the due date of the next monthly installment, the holder of said note may, at its option, declare all the remainder of said note due, which should, after default, bear interest at the rate thereon specified
5. Plaintiff further states that at the same time and place and as a part and parcel of the same transaction, and for the purpose of securing the payment of the aforesaid promissory note and the indebtedness represented thereby, the said CECIL R. LAWRENCE and DIAMONDAY LAWRENCE, wife and husband, being at the same time the owners of the said real property hereinafter described, made, executed and delivered to KRUGER INVESTMENT COMPANY, a corporation organized and existing under the laws of the State of Oklahoma (hereinafter called mortgagee) their certain real estate mortgage in writing, and therein and thereby mortgaged and conveyed to said mortgagee the following described real estate situated in Carter County, Oklahoma, to-wit:
A part of Lot Sixteen (16), Block Four Hundred and One (401), in the City of Ardmore, Carter County, Oklahoma, according to the recorded plat thereof, being more particularly described as follows: Beginning at a point 38.4 feet South of the Northeast corner of said Lot, thence Northerly to the Northeast corner thereof, thence Westerly along the North line of said lot to the Northwest corner thereof, thence Southerly along the West line of said lot 30.4 feet, thence Easterly to the point of beginning.
AND
A part of Lot Seventeen (17) Block Four Hundred and One (401), in the City of Ardmore, Carter County, Oklahoma, according to the recorded plat thereof, being More particularly described as follows: Commencing at the southeast corner of Lot 17, thence North 49.6 feet to the Northeast corner of Lot 17, thence West 65 feet to a point on the North side of said lot, thence South 78.3 feet to a point Which is 116.7 feet East of the Southwest corner of said lot, thence East 56.9 feet to the point of beginning.
6. That said mortgage was duly executed and acknowledged according to law and was thereafter and on the 27th day of APRIL, 2018 filed of record in the office of the County Clerk of Carter County, Oklahoma, and recorded in book 6539 at pages 37-38. Said mortgage is made a part hereof by reference;
7. That the mortgage herein declared upon provides, among its terms, that if default be made in the payment of any monthly installment of principal and interest, or failure to pay the ad valorem taxes on the said real property or failure to furnish plaintiff proof of insurance on the said real property, as provided in the note secured thereby, and if such default should not have been made good prior to the due date of the next such installment, that all of the principal indebtedness, together with all other sums secured by said mortgage, shall at the option of the mortgagee immediately become due and payable, and the mortgagee shall
be entitled to foreclose said mortgage and recover the unpaid amount of the principal of said note, the unpaid interest 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 expenses and all costs;
8. That said mortgage specifically waives appraisement of the premises, at the option of the mortgagee, such option to be exercised at the time judgement is rendered in any foreclosure thereof.
9. Plaintiff further alleges that default has been made in said note an mortgage in this, to-wit: that the said defendants CECIL R. LAWRENCE and DIAMONDAY J. LAWRENCE, have failed, refused and neglected to make the monthly payments as contracted and agreed to be made as fully herein alleged, and that said note and mortgage have been in default;
10. Plaintiff states that said mortgage provides that in case of foreclosure, and said note provides that in the event of default in payment and the same is collected by an attorney at law, the obligors agree to pay a reasonable attorney fee. Therefore, by reason of the foregoing and the institution of this action the plaintiff is entitled to recover from the defendants hereinafter named, the additional sum of reasonable fees, which plaintiff alleges to be a reasonable attorney fee.
11. Plaintiff further states that there was due it from the defendants CECIL R. LAWRENCE and DIAMONDAY J. LAWRENCE on the 30TH day of DECEMBER,2025, the sum of $2,559.72 with interest thereon at the rate of 12% per annum from said date until paid, and the attorneys fee as hereinbefore alleged together with the costs incurred by plaintiff herein in securing supplemental title evidence upon the property covered by said mortgage;
12. Plaintiff further alleges that the defendants all as listed in the caption and set out herein are each claiming some right, title or interest in or to the real property as described herein and which is covered by the mortgage hereinbefore described, but said interest, if any, is junior, subservient and inferior to the lien of plaintiffs mortgage as hereinbefore described.
13. In accordance with the Fair Debt Collection Practices Act, unless the consumer, within thirty days after receipt of this notice, disputes the validity of any portion of the debt, the debt will be assumed valid. If said consumer notifies the undersigned attorney for Plaintiff in writing within said thirty day period that any portion of the debt is disputed, said attorney will obtain verification of the debt and/or judgment and a copy of such verification will be mailed to said consumer by the undersigned attorney for Plaintiff, and upon written request by the consumer 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. This is an attempt to collect a debt and any information obtained will be used for that purpose.
WHEREFORE, plaintiff prays for judgement against the defendants Cecil R.
Lawrence and Diamonday J. Lawrence in the aggregate sum of $2,559.72 with interest thereon at the rate of 12% per annum from the 10th day of FEBRUARY, 2026, until paid, and for the costs of supplemental title expense and a reasonable attorney fee, and for all costs of this action, and for any monies expended by plaintiff to pay taxes, insurance premiums and for protection of the property and for costs of collection as provided in the caption and as set forth herein, ADJUDGING:
That said mortgage held by plaintiff be foreclosed and that the same be declared a valid first lien upon the real property hereinbefore described, and ordering the said real property and premises sold, with appraisement, as provided by law, subject to unpaid taxes, if any, to satisfy said judgment, and the proceeds arising therefrom applied to the payment of the costs herein, including attorneys fees and the payment and satisfaction of the claim and judgment of the plaintiff and the surplus, if any, be paid into Court to abide the further Order of the Court;
That all of the right, title and interest of the said defendants, herein, and each of them, if any, in and to the said real property as described herein, be determined and settled and be adjudged subject, junior and inferior to the mortgage lien of the plaintiff, and that upon a confirmation of such Sheriff's 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 the said real property and premises or any part thereof; and for such other and further relief as may be just, legal and equitable.
Respectfully submitted,
Richard Parr, OBA #21995
Tomerlin, High & High
2000 North Classen, Suite 3120
Oklahoma City, Oklahoma 73106
Phone: (405) 524-2222
e-mail:
[email protected]
Attorneys for the Plaintiff
Return to: Kruger Investment Co.
105 N. Hudson, Suite 200A
Oklahoma City, OK 73102
Loan #15417 REAL ESTATE MORTGAGE
THIS INDENTURE, made this 25th day of April 2018, between CECIL R. LAWRENCE AND DIAMOND NAY J. LAWRENCE, HUSBAND AND WIFE Oklahoma County, State of Oklahoma, party of the first part and the KRUGER INVESTMENT COMPANY, a corporation of Oklahoma City, Oklahoma, party of the second part. (The word party, herein, including both: singular and plural.)
WITNESSETH, that said party of the first part in consideration of the sum of FOURTEEN THOUSAND AND NO/100 ----------------------------------------------------------------------DOLLARS the receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the said party of the second part, its successors and assigns, the following described real estate, situated in Carter County, State of Oklahoma, to-wit:
A part of Lot Sixteen (16), Block Four Hundred and One (401), in the City of Ardmore, Carter County, Oklahoma, according to the recorded plat thereof, being more particularly described as follows: Beginning at a point 38.4 feet South of the Northeast corner of said lot, thence Northerly to the Northeast corner thereof, thence Westerly along the North line of said lot to the Northwest corner thereof, thence Southerly along the West line of said lot 30.4 feet, thence Easterly to the point of beginning.
AND
A part of Lot Seventeen (17) Block Four Hundred and One (401), in the City of Ardmore, Carter County, Oklahoma, according to the recorded plat thereof, being more particularly described as follows: Commencing at the Southeast corner of Lot 17, thence North 49.6 feet to the Northeast corner of Lot 17, thence West 65 feet to a point on the North side of said lot, thence South 78.3 feet to a point which is 116.7 feet East of the Southwest corner of said lot, thence East 56.9 feet to the point of beginning.
To have and to hold the same, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any way appertaining forever; and it is agreed that all window shades, electrical fixtures and connections, including glass shades, gas fixtures, including floor furnaces and wall stoves, and stoves set in fire places, plumbing fixtures and built-in refrigeration units, and kitchen cabinets, either wooden or steel, either now in such premises or hereafter installed, are intended to be permanently affixed to the real estate and to become a part of such real estate, and it is hereby agreed that the same are and shall be, a part of said real estate, and covered by this mortgage; and WARRANT the title to the same. This mortgage shall also include any and all improvements later placed on said property.
This conveyance is intended as a mortgage to secure the payment of the sum of FOURTEEN THOUSAND AND NO/100 ----------------------------------------------------------------------Dollars with interest thereon at the rate of 12% per cent per annum from the date hereof, payable monthly according to the terms and at the time and in the manner provided by one certain promissory note of even date herewith, payable as follows, to-wit:
$200.86 monthly beginning June 10, 2018 and a like sum on the 10th day of each and every month thereafter until the full sum is paid.
and payable to the order of the mortgagee herein, on date therein specified, (or in partial payments prior to maturity in accordance with the stipulations therein), signed by first party, mortgagor herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the said parties hereto that this Mortgage is a first lien upon said premises; that the party of the first part will pay said principal and interest at the time when the same falls due and at the place and in the manner provided in said note and will pay all taxes and assessments against said land when the same are due each year, and will not commit or permit any waste upon said premises; that the buildings and other improvements thereon shall be kept in good repair and shall
not be destroyed or removed without the consent of said second party, and shall be kept insured for the benefit of said second party, or assigns, against loss by fire, lightning, windstorm, hail and other perils covered by the extended coverage endorsement, for not less than the amount of this mortgage, unless otherwise specified, in form and companies satisfactory to said second party and that all policies shall be delivered to said second party. If first party fails to furnish insurance, second party may secure same and add the cost thereof to this mortgage. If the title to said premises be transferred, said second party is authorized, as agent of the first party, to assign the insurance to the grantee of this title.
IT IS FURTHER UNDERSTOOD AND AGREED that said second party may pay any taxes or assessments levied against said premises, or any other sum necessary to protect the rights of such party or assigns, including insurance upon buildings, and recover the same from the first party, with 12% interest, and that every such payment is secured hereby, and that in case of a foreclosure hereof, and as often as any foreclosure hereof may be filed, the holder hereof may recover from the first party a reasonable attorney's fee in the minimum amount of six hundred dollars, which, shall be due upon the filing of the petition in foreclosure, and which is secured hereby, and which the first party promises and agrees to pay, together with all costs. Any expenses incurred in litigation or otherwise, including attorney's fees and an abstract of title to said premises, incurred by reason of this Mortgage or to protect its lien, shall be repaid by the mortgagor to the mortgagee or assigns, with interest thereon at 12% per annum, and this mortgage shall stand as security therefor.
IT IS FURTHER AGREED AND UNDERSTOOD that as additional collateral for the payment of the note and indebtedness hereinbefore described the said party of the first part hereby assigns to the said party of the second part, its successors and assigns, all the profits, revenues, royalties, rights, damages, income, rents and benefits accruing to the said party of the first part under all oil, gas, mineral, and other leases or otherwise, on said premises, (except annual lease rentals) this assignment to terminate and become null and void upon release of this mortgage.
IT IS FURTHER AGREED AND UNDERSTOOD that the title to this property may not be transferred or conveyed without the written consent of second party so long as this mortgage is in effect.
IT IS FURTHER AGREED AND UNDERSTOOD that upon a breach of the warranty herein, or upon a failure to pay when due any sum, interest or principal secured hereby, or any tax or assessment herein mentioned, or to comply with any requirements herein, the whole sum secured hereby shall at once and without notice become due and payable at the option of the holder hereof, and shall bear interest thereafter at the rate of 12% per annum, and the said party of the second part or assigns shall be entitled to a foreclosure of this mortgage, and to have the said premises sold and the proceeds applied to the payment of the sums secured hereby; and that immediately upon the filing of the petition in foreclosure the holder hereof shall be entitled to a Receiver, to the appointment of which the mortgagor hereby consents, which appointment may be made either before or after the decree of foreclosure; and the holder hereof shall in no case be held to account for any rental or damage other than for rents actually received and it is expressly stipulated and agreed that in case of the foreclosure of this mortgage the sale shall be either with or without appraisement as the second party its successors and assigns shall elect, at the time of entering judgment in foreclosure, and all the covenants and agreements herein contained shall run with the land herein covered.
This Mortgage and Note secured thereby shall in all respects be governed and construed by the laws of Oklahoma.
IN WITNESS WHEREOF the said first party has hereunto set his hand the day and year first above written.
Cecil R. Lawrence Diamondbay J. Lawrence
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STATE OF OKLAHOMA )
COUNTY OF OKLAHOMA ) SS:
Before me, the undersigned, a Notary Public in and for said County and State on this 25th day of April 2018, personally appeared Cecil R. Lawrence and Diamondbay J. Lawrence, husband and wife to me known to the identical persons who executed the within the foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth.
WITNESS my hand and official seal the day and year above set forth.
Naundle Bath Knight
Notary Public
REAL ESTATE MORTGAGE NOTE
OKLAHOMA CITY, OKLAHOMA
$14,000.00
April 25, 2018
FOR VALUE RECEIVED, I, We, or either of us promise to pay to the order of KRUGER INVESTMENT COMPANY, a corporation, the sum of
FOURTEEN THOUSAND AND NO/100...........................................................................Dollars
at its office in Oklahoma City, Oklahoma, together with interest thereon from the date of this note at the rate of Twelve per cent per annum (12%) on the unpaid balance until paid. The said principal and interest shall be payable in monthly installments of
TWO HUNDRED AND 86/100.....................................................................................Dollars
commencing on the ___10th____ day of June, 2018 and on the ___10th_____ day of each month thereafter until the full sum is paid.
From each monthly payment, when paid, shall be first deducted the interest upon the unpaid balance of the principal sum to the date of such monthly payment, and the balance of said monthly payment shall be credited to the unpaid balance of principal. All installments of interest and principal shall bear interest at the rate of Twelve per cent per annum (12%) after maturity until paid.
If default be made in the payment of any installment, then all of the principal of this note and interest shall, at the option of the holder of this note, become due and payable without notice, and shall bear twelve per cent interest from that date until paid. All signers, endorsers, and parties to this instrument hereby waive demand, protest, and notice of non-payment and agree to all extensions and partial payments before or after maturity and agree to pay all collection charges, and if placed in the hands of an attorney for collection, to pay, in addition to the unpaid principal and interest, an attorney's fee of a reasonable amount in the minimum amount of Six Hundred Dollars.
Privilege is reserved to pay an amount equal to the monthly principal installment or any multiple thereof at any payment date in addition to the required monthly installment on this note, without penalty, after 12 months from the date of the first payment due date. During the first year, a $200.00 pre-payment fee shall be included in pre-payment.
Cecil R. Lawrence
Diamonday J. Lawrence
For value received, the undersigned hereby assigns and transfers the within note, together with all its interest in and rights under the mortgage securing the same to
MICHAEL D. SINGH – 7628 N. W. 113TH ST. – OKC, OK 73162
Retaining, however, 2% interest of the interest paid.
without recourse.
KRUGER INVESTMENT COMPANY
By [signature]
Saundra Booth-Knight, Vice-President
Loan No. 15417
STATE OF OKLAHOMA REAL ESTATE MORTGAGE
CECIL R. LAWRENCE AND DIAMOND NAY J. LAWRENCE, HUSBAND AND WIFE
TO KRUGER INVESTMENT COMPANY
Amount 14,000.00
Date Due June 10, 2018
Monthly Payments, including interest
$200.86
