U.S. Bank National Association v. Cody McDaniel, Christine M. McDaniel, Occupants of the Premises, United States of America, ex rel. Department of Housing and Urban Development

IN THE DISTRICT COURT IN AND FOR CANADIAN COUNTY STATE OF OKLAHOMA U.S. BANK NATIONAL ASSOCIATION; Plaintiff, vs. CODY MCDANIEL; CHRISTINE M. MCDANIEL; OCCUPANTS OF THE PREMISES; UNITED STATES OF AMERICA, EX REL. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; Defendants. Case No. CJ-2026-238 Judge PAUL HESSE 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 May 5, 2011, the Defendants, Cody McDaniel and Christine M. McDaniel, for good and valuable consideration, made, executed and delivered to Bank of Commerce, a certain promissory note, in writing, promising and agreeing to pay to the holder thereof, the sum of $105,262.00 with interest thereon at the initial rate of 5.5% per annum on the unpaid balance, payable in monthly installments of $597.67, 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. THIS FORECLOSURE ACTION UPON COMPLETION IS NOT TO BE CONSTRUED AS A TITLE GUARANTEE OR FOR PURPOSES OF TITLE INSURANCE. 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 makers of said note, being then and there the owners 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 Bank of Commerce, a real estate purchase money mortgage, encumbering the following real property, to-wit: Lot Two (2), of Block Twelve (12), in BELLFLOWER ADDITION SECTION 3, an Addition to the City of Oklahoma City, Canadian County, Oklahoma, according to the recorded plat thereof, commonly known as 905 Tulip Drive, Oklahoma City, OK 73099 (the "Property") That said purchase money 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 May 9, 2011, in Book No. 3761, at Page 430 and a Loan Modification Agreement recorded on July 17, 2017, in Book No. 4607, at Page 481 and another Loan Modification Agreement recorded on August 4, 2021, in Book No. 5341, at Page 323. Said mortgage is a good and valid first lien upon the property above described. A copy of said mortgage is attached hereto, marked Exhibit "B" and copies of said loan modification agreements are attached hereto, marked Exhibits “C” and “D” 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 Book 4081 at Page 539. A copy of said assignment of mortgage is attached hereto, marked Exhibit "E" 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 October 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 $101,867.59 with accrued interest thereon, plus interest accruing at the rate of 3.25% per annum from September 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 first and prior lien thereon 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 $101,867.59, with accrued interest thereon, plus interest accruing at the rate of 3.25% per annum from September 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 first, prior and superior lien upon the real estate and premises above described. 12. 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. 13. That the Defendant, United States of America, ex rel. Department of Housing and Urban Development, 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 mortgages. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, United States of America, ex rel. Department of Housing and Urban Development, 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. Department of Housing and Urban Development, 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 mortgages are attached hereto, marked Exhibits "F" and "G", and incorporated herein by reference. 14. 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 Defendants, Cody McDaniel and Christine M. McDaniel, in the amount of $101,867.59 with accrued interest thereon, plus interest accruing at the rate of 3.25% per annum from September 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 first and prior lien upon the real estate and premises above described, 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, 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: 3-3-2026 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 3 day of MAY, 2026, by Ger'Kayla Tunley. MELISSA D. SAVINO NOTARY PUBLIC Loan No: _______ May 5, 2011 [Date] NOTE (Fixed Rate) 905 TULIP DRIVE OKLAHOMA CITY, OK 73099 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means BANK OF COMMERCE, a CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Five Thousand Two Hundred SixtyTwo DOLLARS and Zero CENTS Dollars (U.S. $ 105,262.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Five and One Half percent ( 5.500% ) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument". That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on June 1, 2011. Any principal and interest remaining on the first day of May 1, 2041, will be due on that date, which is called the maturity date. (B) Place Payment shall be made at 2500 S CORNWELL Yukon, OK 73099 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 597.67. This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box.] Graduated Payment Allonge Growing Equity Allonge Other [Specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four Point Zero percent (4.000%) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorney's fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Cody Mcdaniel (Seal) CODY MCDANIEL -Borrower Christine M McDaniel (Seal) CHRISTINE M MCDANIEL -Borrower Pay to the order of American Southwest Mortgage Corp Without recourse BANK OF COMMERCE By: WAYNE ROBERTS VICE PRESIDENT Allonge To Note Loan # Attached to Promissory Note Dated: MAY 5, 2011 Borrower Name (s): CODY McDaniel AND CHRISTINE M McDaniel Property Address: 905 TULIP DRIVE OKLAHOMA CITY, OK 73099 Loan Amount: $105,262.00 Without Recourse Pay to the order of: American Southwest Mortgage Corp. By: Wayne Roberts Its: Vice-President Bank of Commerce, a Corporation Pay to the order of U.S. BANK NATIONAL ASSOCIATION Without Recourse American Southwest Mortgage Corp By: - Richard Carrington - President - Jim Miller - Exec Vice President - Ann Harry - Vice President - Laura Thomas - Vice President Pay to the order of Without Recourse U.S. Bank National Association Teresa Bulver Vice President EXHIBIT A AKA STATEMENT Date: May 5, 2011 Case No: [redacted] Name: CODY MCDANIEL Property Address: 805 TULIP DRIVE OKLAHOMA CITY, OK 73099 I certify that I am CODY MCDANIEL named as vester being one and the same person as CODY MC DANIEL CODY MCDANIEL CODY MCDANIEL -Borrower X Cody McDaneil CODY MCDANIEL -Borrower State of Oklahoma County of Canadian On May 5, 2011 before me, the undersigned, a notary public in and for said state, personally appeared CODY MCDANIEL known to me to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same. Witness my hand and official seal Signature: Twyla D. Cobbs Name (Typed or Printed) EXHIBIT A AKA STATEMENT Date: May 5, 2011 Case No: [REDACTED] Name: CHRISTINE M MCDANIEL Property Address: 905 TULIP DRIVE OKLAHOMA CITY, OK 73088 I certify that I am CHRISTINE M MCDANIEL named as vestee being one and the same person as CHRISTINE M. COONEY [Signature] CHRISTINE M MCDANIEL Borrower CHRISTINE M. COONEY Lender State of Oklahoma County of Canadian On May 6, 2011 before me, the undersigned, a notary public in and for said state, personally appeared CHRISTINE M MCDANIEL known to me to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same. Witness my hand and official seal Signature: Twyla D. Cobbs Name (Typed or Printed) Filed: 05-09-2011 02:43:47 PM Doc Number: R 2011 8871 Book: RB 3761 Page:430 Return to: OLD REPUBLIC TITLE COMPANY OF OKLAHOMA 4040 N. TULSA OKLAHOMA CITY, OK 73112 ATTN: Patricia When Recorded Return To: American Southwest Mortgage Corp 3503 NW 63rd Suite 500 Oklahoma City, OK 73118 Loan No: (Space Above This Line For Recording Date) Parcel ID: MIN: FHA Case No: MORTGAGE THIS MORTGAGE ("Security Instrument") is given on May 6, 2011. The mortgagor is CODY MCDANIEL, CHRISTINE M MCDANIEL, HUSBAND AND WIFE whose address is 725 N OAKWOOD TERRACE Mustang, OK 73084 ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"). MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, Michigan 48501-2026, tel. BANK OF COMMERCE, a CORPORATION is organized and existing under the laws of Oklahoma and has an address of Yukon, OK 73098, 2500 S CORNWELL ("Lender") Borrower owes Lender the principal sum of One Hundred Five Thousand Two Hundred SixtyTwo DOLLARS and Zero CENTS Dollars (U.S. $ 105,262.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on May 1, 2041. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in Canadian County, Oklahoma: LOT TWO (2), OF BLOCK TWELVE (12), IN BELLFLOWER ADDITION SECTION 3, AN ADDITION TO THE CITY OF OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. which has the address of 806 TULIP DRIVE, OKLAHOMA CITY Oklahoma 73099 ("Property Address"); Topeka Code TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as 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 Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds". Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. § 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). OKLAHOMA - Single Family - FHA Security Instrument Form #4137 1/86 Laser Forms Inc 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines this requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to the Lender subordinating the lien to this Security instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all the sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 DAYS from the date hereof, Lender may, at its option require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 DAYS from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligible. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only in mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorney's fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Lender shall publish the notice of sale, and the Property shall be sold in the manner 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 following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the clerk of the circuit court of the county in which the sale is held. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs unless Applicable Law provides otherwise. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 20. Waiver of Appraisement. Appraisement of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. 21. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of U.S. $500.00 22. Notice of Power of Sale. A power of sale has been granted to this Security Instrument. A power of sale may allow the Lender to take the Property and sell it without going to court in a foreclosure action upon default by Borrower under this Security Instrument. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check applicable box(es)). [ ] Condominium Rider [ ] Growing Equity Rider [ ] Graduated Payment Rider [X] Planned Unit Development Rider [X] Other [specify] TAX EXEMPT FINANCING RIDER BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: [Signature] COODY MCDANIEL (Signature) CHRISTINE M MCDANIEL (Signature) (Signature) (State Below This Line For Acknowledgement) STATE OF OKLAHOMA, Canadian County: The foregoing instrument was acknowledged before me this by COODY MCDANIEL, CHRISTINE M MCDANIEL, HUSBAND AND WIFE May 5, 2011 My commission expires: 4/17/13 (Signature) Notary Public Recording Requested By: BANK OF COMMERCE 2500 S CORNWELL Yukon, OK 73099 When Recorded Return To: American Southwest Mortgage Corp 3503 NW 63rd Suite 500 Oklahoma City, OK 73116 Parcel ID: [blacked out] Loan No.: [blacked out] PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 8th day of May, 2011, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note ("Note") to BANK OF COMMERCE, a CORPORATION ("Lender") of the same date and covering the property described in the Security Instrument and located 905 TULIP DRIVE OKLAHOMA CITY, OK 73088 (Property Address) The Property Address is a part of a planned unit development ("PUD") known as: BELFLOWER (Name of Planned Unit Development) PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. So long as the Owners Association (or equivalent entity holding title to common areas and facilities), acting as trustee for the homeowners, maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the property located in the PUD, including all improvements now existing or hereafter erected on the mortgaged premises, and such policy is satisfactory to Lender and provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and other hazards included within the term "extended coverage", and loss by flood, to the extent required by the Secretary, then: (i) Lender waives the provision in paragraph 2 of this Security Instrument for the monthly payment to Lender of one-twelfth of the yearly premium installments for hazard insurance on the Property, and (ii) Borrower's obligation under paragraph 4 of this Security Instrument to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage and of any loss occurring from a hazard. In the event of a distribution of hazard 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 for application to the sums secured by this Security Instrument, with any excess paid to the entity legally entitled thereto. B. Borrower promises to pay all dues and assessments imposed pursuant to the legal instruments creating and governing the PUD. C. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph C 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. (Cody Mcdaniel) (Seal) CODY MCDANIEL (Seal) -Borrower (Seal) -Borrower (CHRISTINE M MCDANIEL) (Seal) -Christine M McDaniel (Seal) -Borrower EXHIBIT B TAX-EXEMPT FINANCING RIDER ISSUER: Oklahoma Housing Finance Agency PROGRAM: OHFA LOAN NUMBER: THIS TAX-EXEMPT FINANCING RIDER is made this 31ST day of MAY 2011, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed ("Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note ("Note") to BANK OF OKLAHOMA. ("Lender") of the same date and covering the property described in the Security Instrument and located at: 905 TULIP DRIVE, OKLAHOMA CITY, OK 73099. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: Lender, or such of its successors or assigns as may be separate instrument assume responsibility for assuring compliance by the Borrower with the provisions of this Tax-Exempt Financing Rider, may require immediate payment in full of all sums secured by this Security Instrument if: (a) All or part of the Property is sold or otherwise transferred (other than by devise, descent or operation of law) by Borrower to a purchaser or other transferee: (i) who cannot reasonably be expected to occupy the property as a principal residence within a reasonable time after the sale or transfer, all as provided in Section 143(c) and (i)(2) of the Internal Revenue Code; or (ii) who has had a present ownership interest in a principal residence during any part of the three-year period ending on the date of the sale or transfer, all as provided in Section 143(d) and (i)(2) of the Internal Revenue Code (except that "100 percent" shall be substituted for "96 percent or more" where the latter appears in Section 143(d)(1)); or (iii) at an acquisition cost which is greater than 80 percent of the average area purchase price (greater than 110 percent for targeted area residences), all as provided in Section 143(e) and (i)(2) of the Internal Revenue Code; or (iv) who has a gross family income in excess of 115% of the applicable median family income (140% of the applicable median family income for a purchaser or transferee of a residence in a targeted area), except that 100% and 120% shall be substituted for 115% and 140%, respectively, if the purchaser or other transferee has a family of fewer than 3 individuals, all as provided in Sections 143(f) and (i)(2) of the Internal Revenue Code; or (b) Borrower fails to occupy the property described in the Security Instrument without prior written consent of Lender or its successors or assigns described at the beginning of this Tax-Exempt Financing Rider; or (c) Borrower omits or misrepresents a fact that is material with respect to the provisions of Section 143 of the Internal Revenue Code in an application for the loan secured by this Security Instrument. References are to the 1986 Internal Revenue Code in effect on the date of execution of the Security Instrument and are deemed to include the implementing regulations. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions in this Tax-Exempt Financing Rider. Cody Mcdaniel 5/5/11 Borrower's Signature Date CODY MCDANIEL Borrower's Printed Name Christina M. McDaniel Co-Borrower's Signature Date CHRISTINA M. MCDANIEL Co-Borrower's Printed Name STATE OF OKLAHOMA COUNTY OF Canadian ss. Before me this _______ day, and County and State, of May _____2011_______ to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that said person(s) executed the same as said person's free and voluntary act and does for the use and purpose therein set forth. Given under my hand and seal the day and year last above written. (SEAL) My Commission Expires: 4/17/13 Real Estate Mtg. $ 17.80 Paid Jul 17, 2017 Receipt No. 307 Canadian Co. Treasurer By [handwritten signature] Treasurer Deputy This Document Prepared By: JAMES POWELL U.S. BANK N.A. 4801 FREDERICA ST OWENSBORO, KY 42301 Requested By and When Recorded Return To: Loan Modification Solutions 3220 N Camino Real Irvine, CA 92602 Tax/Parcel: [blank] [Space Above This Line for Recording Date] Original Principal Amount: $105,262.00 Unpaid Principal Amount: $98,948.16 New Principal Amount: $116,631.45 Capitalization Amount: $17,583.29 Doc#: R 2017 174688 File#: RB 4607 0481-0486 6M Filed: 07/17/2017 DAK 02:55:18 PM MM Canadian County, OK LOAN MODIFICATION AGREEMENT (MORTGAGE) This Loan Modification Agreement ("Agreement"), made this 23RD day of MARCH, 2017, between CODY MCDANIEL, CHRISTINE M MCDANIEL HUSBAND AND WIFE, AS JOINT TENANTS WITH FULL RIGHTS OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON ("Borrower"), whose address is 905 TULIP DR, YUKON, OKLAHOMA 73099 and U.S. BANK N.A. ("Lender"), whose address is 4801 FREDERICA ST, OWENSBORO, KY 42301 amends and supplements (1) the Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated MAY 5, 2011 and recorded on MAY 9, 2011 in INSTRUMENT NO. R 2011 8871 BOOK RB 3761 PAGE 430; CANADIAN COUNTY, OKLAHOMA, and (2) the Note, in the original principal amount of U.S. $105,262.00, bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the "Property," located at EXHIBIT C 905 TULIP DR, YUKON, OKLAHOMA 73099 the real property described is located in CANADIAN COUNTY, OKLAHOMA and being set forth as follows: LOT TWO (2), OF BLOCK TWELVE (12), IN BELLFLOWER ADDITION SECTION 3, AN ADDITION TO THE CITY OF OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORD PLAT THEREOF. SEE ATTACHED EXHIBIT "B" FOR MORTGAGE SCHEDULE In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument): 1. As of, APRIL 1, 2017 the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $116,531.45, consisting of the amount(s) loaned to Borrower by Lender, plus capitalized interest in the amount of U.S. $17,583.39 and other amounts capitalized, which is limited to escrows and any legal fees and related foreclosure costs that may have been accrued for work completed. 2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 3.7500%, from APRIL 1, 2017. The Borrower promises to make monthly payments of principal and interest of U.S. $339.68., beginning on the 1ST day of MAY, 2017, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. If on APRIL 1, 2047 (the "Maturity Date"), the Borrower still owes amounts under the Note and the Security Instrument, as amended by this Agreement, Borrower will pay these amounts in full on the Maturity Date. 3. If all or any part of the Property or any Interest in it is sold or transferred (or if a beneficial interest in the Borrower is sold or transferred and the Borrower is not a natural person) without the Lender's prior written consent, the Lender may require immediate payment in full of all sums secured by this Security Instrument. If the Lender exercises this option, the Lender shall give the 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 the Borrower must pay all sums secured by this Security Instrument. If the Borrower fails to pay these sums prior to the expiration of this period, the Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on the Borrower. 4. The Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, including without limitation, the Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that the Borrower is obligated to make under the Security Instrument; however, the following terms and provisions are forever cancelled, null and void, as of the date specified in Paragraph No. 1 above: (a) all terms and provisions of the Note and Security Instrument (if any) providing for, implementing, or relating to, any change or adjustment in the rate of interest payable under the Note; and (b) all terms and provisions of any adjustable rate rider, or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a) above. 5. If the Borrower has, since inception of this loan but prior to this Agreement, received a discharge in a Chapter 7 bankruptcy, and there having been no valid reaffirmation of the underlying debt, by entering into this Agreement, the Lender is not attempting to re-establish any personal liability for the underlying debt. 6. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. Except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and comply with, all of the terms and provisions thereof, as amended by this Agreement. 7. Borrower agrees to make and execute other documents or papers as may be necessary to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to the heirs, executors, administrators, and assigns of the Borrower. In Witness Whereof, I have executed this Agreement. Borrower: CODY MCDANIEL 4-11-17 Date Borrower: CHRISTINE M MCDANIEL 4-11-17 Date [Space Below This Line for Acknowledgments] BORROWER ACKNOWLEDGMENT STATE OF OKLAHOMA COUNTY OF [handwritten] The Instrument was acknowledged before me this 4-11-17 by CODY MCDANIEL, CHRISTINE M MCDANIEL DEBBIE ZUCK Notary Public Commission # 10038720 Expire 6/4/2018 My Commission expires In Witness Whereof, the Lender have executed this Agreement. U.S. BANK N.A. [Signature: Leona A. Hendrix] By Leona A. Hendrix (print name) Mortgage Document Officer (title) [Space Below This Line for Acknowledgments] LENDER ACKNOWLEDGMENT STATE OF KENTUCKY COUNTY OF DAVIESS The foregoing instrument was acknowledged before me this 4-14-17 by LEONA A. HENDRIX, the MORTGAGE DOCUMENT OFFICER of U.S. BANK N.A., a national association, on behalf of said national association. [Signature: Jackie Gentry] Notary Public Printed Name: Jackie Gentry My commission expires: 10-5-18 OFFICIAL SEAL JACKIE GENTRY NOTARY PUBLIC, KENTUCKY STATE AT LARGE My Comm Expires 10-3-2018 ID # 81876 EXHIBIT B MORTGAGE SCHEDULE Mortgage made by CODY MCDANIEL, CHRISTINE M MCDANIEL HUSBAND AND WIFE, AS JOINT TENANTS WITH FULL RIGHTS OF SURVIVORSHP AND NOT AS TENANTS IN COMMON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BANK OF COMMERCE, A CORPORATION for $105,262.00 and interest, dated MAY 5, 2011 and recorded on MAY 9, 2011 in INSTRUMENT NO. R 2011 8871 BOOK RB 3761 PAGE 430. This mortgage was assigned from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BANK OF COMMERCE, A CORPORATION (assignor), to U.S. BANK NATIONAL ASSOCIATION (assignee), by assignment of mortgage dated OCTOBER 24, 2013 and recorded on NOVEMBER 1, 2013 in INSTRUMENT NO. R 2013 26677 BOOK RB 4081 PAGE 539. EXHIBIT C Filed: 08-04-2021 03:17:21 PM Doc Number: R 2021 26919 Book: RB 5341 Page:323 Real Estate Mig Tax: $0.00 Paid: 08-04-2021 Receipt No 1182 By: Darlene Cash Deputy, Canadian County Treasurer RECORD AND RETURN TO Covius Settlemant Services ATTN: MI Recording Team 999 Tech Row, Suite 200 Madison Heights, MI 48071 Recording Requested By/Return To: U.S. BANK FULLFILLMENT SERVICES 999 TECH ROW, #200 MADISON HEIGHTS, MICHIGAN 48071 RECORDED'S MEMORANDUM At the time of recording, this instrument was found to be inadequate for the best photographic reproduction because of illegibility, carbon or photo copy, discolored paper, etc. (Space Above This Line For Recording Data) MODIFICATION AGREEMENT Property Address: 805 TULIP DR, OKLAHOMA CITY, OKLAHOMA 73099-0000 The current principal balance of $113,101.10 is not increasing as a result of this modification. The unpaid principal balance of the loan, as modified, is $113,101.10. The principal balance of the loan on which mortgage and recording taxes were previously paid was $105,262.00. This Loan Modification Agreement ("Agreement"), effective on 1ST DAY OF JUNE, 2021, between CODY McDANIEL AND CHRISTINE M McDALE, HUSBAND AND WIFE ("Borrower"), and U.S. BANK NATIONAL ASSOCIATION ("Lender"), whose address is 4801 FREDERICA ST, OWENSBORO, KENTUCKY 42301 amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") dated MAY 05, 2011 and recorded in CANADIAN COUNTY MAY 8, 2011 BOOK RB 3781 PAGE 430 INSTRUMENT NO. R 2011 8871 and (2) the Note in the original principal sum of U.S. $105,262.00, bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the "Property", located at: 805 TULIP DR, OKLAHOMA CITY, OKLAHOMA 73099-0000 LEGAL DESCRIPTION: THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF CANADIAN, CITY OF OKLAHOMA CITY AND STATE OF OKLAHOMA, DESCRIBED AS FOLLOWS: LOT TWO (2), OF BLOCK TWELVE (12), IN BELLMFLOWER ADDITION SECTION 3, AN ADDITION TO THE CITY OF EXHIBIT D OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, PARCEL ID: [REDACTED] Tax Parcel No. [REDACTED] If my representations and covenants 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 Security Instrument on the Property, and (2) the Promissory Note secured by the Security Instrument ("Original Note"). The Security Instrument and Original Note together, as they may previously have been amended, are referred to as the "Loan Documents." Except for "Subordinate Note" and "Subordinate Security Instrument", capitalized terms used in this Agreement and not defined have the meaning given to them in Loan Documents. I understand that after I sign and return the Subordinate Note, Subordinate Security Instrument, and two copies of this Agreement to the Lender, the Lender will send me a signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section 2 have been satisfied. 1. My Representations and Covenants. I certify, represent to Lender, covenant and agree: A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan Documents or my default is imminent; and (ii) I do not have sufficient income or access to sufficient liquid assets to cure the default or to make the monthly mortgage payments now or in the near future; B. One of the borrowers signing this Agreement, the Subordinate Note, and the Subordinate Security Instrument lives in the Property as a principal residence, and the Property has not been condemned; C. There has been no impermissible change in the ownership of the Property since I signed the Loan Documents. A permissible change would be any transfer that the Lender is required by law to allow, such as a transfer to add or remove a family member, spouse or domestic partner of the undersigned in the event of a death; divorce or marriage; D. 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; and E. If Lender requires me to obtain credit counseling in connection with the Program, I will do so. 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 or any covenant in Section 1 has not been performed, the Loan Documents will not be modified, this Agreement will terminate, and the Subordinate Note and Subordinate Security Instrument will not be in effect. 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 and covenants 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 JUNE 01, 2021 (the "Modification Effective Date") and all unpaid late charges that remain unpaid will be waived. The first modified payment will be due on JULY 01, 2021. A. The Maturity Date will be: JUNE 01, 2051. B. The current Total Outstanding Balance of my loan includes all unpaid principal and amounts that will be past due as of the Modification Effective Date. The current Total Outstanding Balance of my Original Note includes unpaid principal, unpaid and deferred interest, escrow advances and other costs, but excludes unpaid late charges, and is less any amounts paid to the Lender but not previously credited to my Loan. The current Total Outstanding Balance of my loan is $134,790.48. C. The Total Outstanding Balance will be reduced by $21,689.38. This amount will be included in a new, non-interest bearing Subordinate Note ("Subordinate Note"), payable to HUD, and will not be due until the Original Note is paid off, matures, or I sell the property, whichever is earliest. D. The Total Outstanding Balance less the amount of the Subordinate Note, or $113,101.10, will be the New Principal Balance of my Original Note. Interest at the rate of 3.2500% will begin to accrue on the New Principal Balance as of JUNE 01, 2021 and the first new monthly payment on the New Principal Balance will be due on JULY 01, 2021 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 Principal and Interest Payment Amount*</th> <th>Estimated Monthly Escrow Payment Amount*</th> <th>Total Monthly Payment*</th> <th>Payment Begins On</th> <th>Number of Monthly Payments</th> </tr> <tr> <td>30</td> <td>3.2500%</td> <td>06-01-2021</td> <td>$492.22</td> <td>$546.44, may adjust periodically</td> <td>$1,038.86, may adjust periodically</td> <td>07-01-2021</td> <td>360</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.D. shall supersede any provisions to the contrary in the Loan Documents, including but not limited to, provisions for an adjustable, step or simple interest rate or for a graduated or growing-equity payment schedule. 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 being added to the outstanding principal balance. E. I will be in default if I do not comply with the terms of the Loan Documents, as modified by this Agreement. F. 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.D. G. I agree to pay in full the Subordinate Note and any other amounts still owed under the Loan Documents by the earliest of: (i) the date I sell or transfer an interest in the Property; (ii) the date I pay all amounts due and owing under the Original Note, including any subsequent modifications to the Original Note, or (iii) the new Maturity Date set forth in Section 3.A above. 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, the Subordinate Note, and the Subordinate Security Instrument, 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, the Subordinate Note, and the Subordinate Security Instrument shall supersede the terms of any modification, forbearance, trial period plan or other workout plan that I previously entered into with Lender. C. To comply, except to the extent that they are modified by this Agreement, the Subordinate Note, and the Subordinate Security Instrument, with all covenants, agreements, and requirements of the Loan Documents including my agreement to make all payments of taxes, insurance premiums, assessments. Escrow Items, Impounds, and all other payments, the amount of which may change periodically over the term of my Loan. D. That this Agreement constitutes notice that the Lender's waiver as to payment of Escrow Items, if any, has been revoked, and I have been advised of the amount needed to fully fund my escrow account. E. That the Loan Documents as modified by this Agreement are duly valid, binding agreements, enforceable in accordance with their terms and are hereby reaffirmed. The Loan Documents constitute a first lien on the Property and are in no way prejudiced by this Agreement. F. That all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, the Subordinate Note, and the Subordinate Security Instrument, remain in full force and effect; nothing in this Agreement or the Subordinate Note, or the Subordinate Security Instrument 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 Subordinate Note, and the Subordinate Security Instrument, 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, 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 Security Instrument. Lender shall not exercise this option if state or federal law, rules or regulations prohibit the exercise of such option as of the date of such sale or transfer. If Lender 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 Subordinate Security Instrument. If I fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument 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 other circumstance, to assume the Loan. Except as noted herein, this Agreement may not be assigned to, or assumed by, a buyer or transferee of the Property. I. That, as of the Modification Effective Date, if any provision in the Original Note or in any addendum, or amendment to the Original Note allowed for the assessment of a penalty for full or partial prepayment of the Original 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 this Agreement will be null and void. K. That, if any foreclosure action against me is dismissed as a result of entering into this Agreement, I will remain liable for and bear my own attorney fees and costs incurred in connection with such action, if permitted by applicable law. L. 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 either a corrected Agreement or a letter agreement containing the correction will be provided to me for my signature. At Lender's option, this Agreement will be void and of no legal effect upon notice of such error. If I elect not to sign any such corrective documentation, 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. M. 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. All documents the Lender requests of me under this Section 4.M. 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. 5. If I have been granted a discharge in bankruptcy with respect to the Original Note and Security Instrument prior to the execution of this Agreement nothing in this Agreement shall be construed to be an attempt to collect any discharged debt against me personally or an attempt to revive personal liability. However, I acknowledge that Lender retains certain rights, including but not limited to the right to foreclose its lien evidenced by the Security Instrument under appropriate circumstances. The parties agree that the consideration for this Agreement is Lender's forbearance from presently exercising its rights and pursuing its remedies under the Security Instrument as a result of my default thereunder. (SIGNATURES CONTINUE ON FOLLOWING PAGES) EXHIBIT D In Witness Whereof, the Borrower(s) have executed this agreement: Cody Mcdaniel Borrower - CODY MCDANIEL Date: 6/26/21 A. Daniel Borrower - CHRISTINE M MCDANIEL Date: 6/26/21 State of OKLAHOMA, County of Canadian Enter County Here Before me, in and for this state, on this 26th day of June 2021, personally appeared CODY MCDANIEL and CHRISTINE M. MCDANIEL to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged to me that he/she/they executed the same as his/her/their free and voluntary act and deed for the uses and purposes therein set forth. AMANDA ESTES NOTARY #12010511 EXP. 11/05/24 (PUBLIC) STATE OF OKLAHOMA [ ] This notarization involved the use of communication technology. Amanda Estes Notary Public My Commission expires: 11/05/24 Loan Numero In Witness Whereof, the Lender has executed this Agreement. Lender U.S. BANK NATIONAL ASSOCIATION By Printed Name: Title: Michelle Hays Officer Date: AUG 0 2 2021 State of KENTUCKY County of DAVIESS The foregoing instrument was acknowledged before me this 2nd day of August 2021. by Michelle Hays Officer of U.S. BANK NATIONAL ASSOCIATION a Delaware National Association, on behalf of the National Association. (Seal, if any) AMANDA J SEWELL Notary Public Commonwealth of Kentucky Commission Number KYNP28466 My Commission Expires Apr 18, 2023 My Commission expires: 4/18/25 Filed: 11-01-2013 11:09:09 AM Doc Number: R 2013 26677 Book: RB 4081 Page:539 RECORDING REQUESTED AND PREPARED BY: U.S. Bank Home Mortgage 809 S. 66th Street, Suite 210 West Allis, WI 53214 MARY J IRWIN And When Recorded Mail To: ONV U.S. Bank Home Mortgage 809 S. 66th Street, Suite 210 West Allis, WI 53214 att: mary jo irwin nl Doc#:R 2013 26677 BK&Pg:RB 4081 539 Filed:11-01-2013 KJJ 11:09:09 AM AM Canadian County, OK ASSIGNMENT OF MORTGAGE For good and valuable consideration, the sufficiency of which is hereby acknowledged, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR BANK OF COMMERCE, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, C/O P.O. BOX 2026, FLINT, MI 48501 2026, by these presents does convey, grant, bargain, sell, assign, transfer and set over to: U.S. BANK NATIONAL ASSOCIATION, 4801 FREDERICA STREET, OWENSBORO, KY 42301 0000, the described Deed of Trust, together with the certain note(s) described therein with all interest, all liens, and any rights due or to become due thereon. Said Deed of Trust in the amount of $105,262.00 recorded in the State of OKLAHOMA, County of CANADIAN Official Records, dated MAY 08, 2011 and recorded on MAY 09, 2011, as Instrument No. R 2011 1871, in Book No. RB 3761, at Page No. 430-439. Original Mortgagor: CODY MCDANIEL, CHRISTINE M MCDANIEL, HUSBAND AND WIFE. Original Mortgagee: BANK OF COMMERCE, A CORPORATION. Legal Description: LOT TWO (2), OF BLOCK TWELVE (12) IN BELLOFLOWER ADDITION SECTION 3, AN ADDITION TO THE CITY OF OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.. Date: OCTOBER 24, 2013 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR BANK OF COMMERCE, A CORPORATION, ITS SUCCESSORS AND ASSIGNS By: ________________________________ Kim Klaterp, Vice President State of WISCONSIN ) County of MILWAUKEE ) ss. On OCTOBER 24, 2013, before me, Courtney Martin, a Notary Public, personally appeared Kim Klaterp, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of WISCONSIN that the foregoing paragraph is true and correct. Witness my hand and official seal. Courtney Martin (Notary Name): Courtney Martin Commission Expire: 07/15/2017 Commission No: EXHIBIT E Filed: 07-02-2021 10:56:34 AM Doc Number: R 2021 23097 Book: RB S322 Page:803 Real Estate Mig Tax: $0.00 Paid: 07-02-2021 Receipt No. 90 ** Mortgage Tax Exempt ** By: Deanne Cash Deputy, Canadian County Treasurer RECORD AND RETURN TO Covlusb Settlement Services ATTN: MH Recording Team 999 Tech Row, Suite 200 Madison Heights, MI 48071 U.S. BANK FULFILLMENT SERVICES 999 TECH ROW, #200 MADISON HEIGHTS, MICHIGAN 48071 PARTIAL CLAIM MORTGAGE FHACase Number: 421-4962435 Property Address: 905 TULIP DR, OKLAHOMA CITY, OKLAHOMA T3099-0000 THIS SUBORDINATE MORTGAGE ("Security Instrument") is given on the date of execution. The Mortgagor is COODY MCDANIEL AND CHRISTINE M MCDANIEL, HUSBAND AND WIFE, whose address is 905 TULIP DR, OKLAHOMA CITY, OKLAHOMA 73069-0000 ("Borrower"). This Security Instrument is given to the Secretary of Housing and Urban Development, and whose address is 451 7th Street S.W., Washington, DC 20410 ("Lender"). Borrower owes Lender the principal sum of TWENTY-ONE THOUSAND SIX-HUNDRED EIGHTY-NINE AND 39/100THS Dollars (U.S. $21,689.38). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for the full debt, if not paid earlier, due and payable on JUNE 01, 2051. Notwithstanding the foregoing or any other provisions contained herein, if personal liability with respect to any amounts payable under the primary Note has been discharged in bankruptcy, Borrower and Lender understand and agree that nothing contained herein with respect to any amounts payable under this Note, shall be construed to impose personal liability to repay any such obligation in violation of such discharge. Borrower and Lender further understand and agree that to the extent that such personal liability with respect to any amounts payable under the primary Note has been discharged in bankruptcy, Borrower is entering into this Note voluntarily for the benefits to be obtained thereby and not as an affirmation of the debt evidenced by the primary Note, and that this Note, or any actions taken by the Lender in relation to this Note, does not constitute a demand for payment or any attempt to collect any such previously discharged obligation. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Notes, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, advanced under Paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, warrant, grant and convey to the Lender, with the power of sale the following described property located in CANADIAN County, OKLAHOMA: LEGAL DESCRIPTION: THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF CANADIAN, CITY OF OKLAHOMA CITY AND STATE OF OKLAHOMA, DESCRIBED AS FOLLOWS: LOT TWO (2), OF BLOCK TWELVE (12), IN BELLEFLOWER ADDITION SECTION 3, AN ADDITION TO THE CITY OF OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. PARCEL 10 [REDACTED] Tax Parcel No.: [REDACTED] which has the address of 905 TULIP DR, OKLAHOMA CITY, OKLAHOMA 73009-0000 ("Property Address"). TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal. Borrower shall pay when due the principal of the debt evidenced by the Note. 2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 3. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. 4. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to: U.S. Department of Housing and Urban Development, Attention: Single Family Notes Branch, 451 7th Street S.W., Washington, DC 20410 or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 5. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 7. Acceleration; Remedies. Lender shall give notice to Borrower, in accordance with Paragraph 4 of this Security Instrument, as required by applicable law prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument 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 7, 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. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 4 of the Note, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. § 3781 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph or applicable law. 8. Release. (page 4 of 6) EXHIBIT F Upon payment of all sums secured by this Security Instrument Lender shall release this Security Instrument without charge to Borrower. Lender may charge Borrower for the actual costs and fees of recording of the release where recording is the Borrower's responsibility under applicable law. 9. Waiver of Appraisement. Appraisement of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. 10. Notice of Power of Sale. A power of sale has been granted in this Security Instrument. A power of sale may allow the Lender to take the Property and sell it without going to court in a foreclosure action upon default by Borrower under this Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. [Signature] Borrower - CODY MCDANIEL Date 6/21/21 [Signature] ENDORSE: CHRISTINE M MCDANIEL Date 6/24/21 State of OKLAHOMA, County of Canadian Enter County Here Before me, in and for this state, on this 20th day of June 2011 personally appeared CODY MCDANIEL and CHRISTINE M MCDANIEL to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged to me that he/she/they executed the same in his/her/their free and voluntary act and deed for the uses and purposes therein set forth. AMANDA ESTES NOTARY #12010511 EXP. 11/03/24 (SEAL) STATE OF OKLAHOMA PUBLIC Amanda Estes Notary Public My Commission expires: 11/05/24 [ ] This remote notarization involved the use of communication technology. Filed: 10-28-2024 02:11:24 PM Doc Number: R 2024 26094 Book: RB 5924 Page:896 Real Estate Mtg Tax: $0.(0) Pnd 10-28-2024 Receipt No 2831 ** Mortgage Tax Exempt ** By: Deanne Cash Deputy, Canadian County Treasurer Doc#:R 2024 26094 BlkPg:RB 5924 896-901 Filed:10-28-2024 JMD 02:11:24 PM M Canadian County, OK 6E After recording please return to: SERVICELINK ATTN: LOAN MODIFICATION SOLUTIONS 310 COMMERCE, SUITE 100 IRVINE, CA 92602 RECORDER'S MEMORANDUM At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of illegibility, erasure or alternate copy, dissolved paper, etc. Parcel ID Number [Space above This Line For Recording Data] MHA Case No: Loan No.: Investor Loan No.: OKLAHOMA MORTGAGE THIS MORTGAGE ("Security Instrument") is given on November 1, 2024. The Mortgage is CODE MCDANIEL, CHRISTINE M MCDANIEL, HUSBAND AND WIFE Whose address is 905 TULIP DR, OKLAHOMA CITY, OK 73099 ("Borrower"). This Security Instrument is given to the Secretary of Housing and Urban Development, and whose address is 451 Seventh Street, SW, Washington DC 20410 ("Lender"). Borrower owes Lender the principal sum of Ten Thousand Two Hundred Twenty Three and 53/100ths Dollars (U.S. $10,223.53). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for the full debt, if not paid earlier, due and payable on June 1, 2051. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, advanced under Paragraph 2 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, warrant, grant and convey to the Lender, with the power of sale the following described property located in CANADIAN County, OKLAHOMA: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: which has the address of 905 TULIP DR, OKLAHOMA CITY, OK 73099, ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances or record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant agree as follows: UNIFORM COVENANTS. 1. Payment of Principal. Borrower shall pay when due the principal of the debt evidenced by the Note. 2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extent of the time of payment of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver or preclude the exercise of any right or remedy. 3. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear, or make any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. 4. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to: Department of Housing and Urban Development, Attention: Single Family Notes Branch, 451 Seventh Street, SW, Washington, DC 20410 or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 5. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 7. Acceleration; Remedies. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 4 of the Note, Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. § 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Secretary under this paragraph or applicable law. Lender shall give notice to Borrower as required by Applicable Law prior to acceleration following Borrower's breach of any covenant or agreement in the Note or this Security Instrument. The notice shall specify: (a) the default, (b) the action required to cure the default; (c) a date, not less than 35 days from the date the notice is given to Borrower, by which the default must be cured, (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property; and (e) 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 non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument 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 Section 7 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. 8. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recodulation costs unless Applicable Law provides otherwise. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 9. Waiver of Appraisement. Appraisal of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. 10. 10. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of U.S.$ 11. Notice of Power of Sale. A power of sale has been granted in the Mortgage. A power of sale may allow the Lender to take the mortgaged Property and sell it without going to court in a foreclosure action upon default by Borrower under this Security Instrument. 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 Security Instrument 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. BY SIGNING RFI NOW, Borrower agrees and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. [Handwritten Signature] Date: 10/12/24 Cody Mcdaniel Borrower [Handwritten Signature] Date: 10/16/24 Christine M. McDaniel Borrower ACKNOWLEDGMENT State of Oklahoma County of Oklahoma This instrument was acknowledged before me on October 14, 2024 by CODY MCDANIEL AND CHRISTINE M. MCDANIEL. [Seal, if any] Loan Originator Organization: U.S. Bank National Association, NMLSR ID [redacted] Individual Loan Originator's Name NMLSR ID: N/A Signature of Notarial Officer Laura McKnight Printed Name Notary Public Title or Rank My Commission Expires: 02/14/2025 EXHIBIT A BORROWER(S): CODY MCDANIEL, CHRISTINE M MCDANIEL, HUSBAND AND WIFE. LOAN NUMBER: [REDACTED] LEGAL DESCRIPTION: STATE OF OKLAHOMA, COUNTY OF CANADIAN, AND DESCRIBED AS FOLLOWS: LOT TWO (2), OF BLOCK TWELVE (12), IN BELLFLOWER ADDITION SECTION 3, AN ADDITION TO THE CITY OF OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. Parcel ID Number: [REDACTED] ALSO KNOWN AS: 945 TULIP DR, OKLAHOMA CITY, OK 73099