Arvest Bank v. Blake T. Montgomery

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY, STATE OF OKLAHOMA ARVEST BANK, Plaintiff, vs. BLAKE T. MONTGOMERY, TANJA M. MONTGOMERY, UNKNOWN SPOUSE OF BLAKE T. MONTGOMERY, UNKNOWN SPOUSE OF TANJA M. MONTGOMERY, GOLD POOLS, STATE OF OKLAHOMA, EX REL. OKLAHOMA TAX COMMISSION, THE RESERVE AT FOREST HILLS PROPERTY OWNERS ASSOCIATION, UNKNOWN OCCUPANTS OF THE PREMISES LOCATED AT 5605 E 117TH ST, TULSA, OK 74137, Defendants. CASE NO. CJ-2025-05161 KEVIN GRAY PETITION Plaintiff Arvest Bank ("Plaintiff" or "Arvest Bank"), for its Petition against Defendants Blake T. Montgomery, Tanja M. Montgomery, Unknown Spouse of Blake T. Montgomery, Unknown Spouse of Tanja M. Montgomery, Gold Pools, State of Oklahoma, ex rel., Oklahoma Tax Commission, The Reserve at Forest Hills Property Owners Association, and Unknown Occupants of the Premises located at 5605 E 117th St, Tulsa, OK 74137, (sometimes referred to collectively as "Defendants"), alleges and states as follows: 1. Plaintiff Arvest Bank is an Arkansas chartered bank relevant at all times and was duly authorized to conduct business in Oklahoma. 2. The real property that is the subject of this action is located in Tulsa County, Oklahoma. 3. Upon information and belief, Blake T. Montgomery is an individual who resides in Tulsa County, Oklahoma. 4. This Court has jurisdiction over the parties to this action and the subject matter herein, and venue is proper. FIRST CLAIM FOR RELIEF 5. Plaintiff restates and realleges its allegations above. 6. On or about April 13, 2010, Blake T. Montgomery made, executed, and delivered to Plaintiff a Promissory Note in the face amount of $130,000.00, with interest to accrue at the rate of 8.950% per annum. Plaintiff and Blake T. Montgomery executed a Debt Modification Agreement dated April 17, 2015, extending the maturity date of the Promissory Note. Plaintiff and Blake T. Montgomery executed a Change in Terms Agreement dated April 14, 2023, further extending the maturity date of the Promissory Note and reducing the rate at which interest would accrue to 6.560% per annum. The Promissory Note, Debt Modification Agreement, and Change in Terms Agreement are referred to collectively as the "Note". A full, true and correct copy of the Note is attached hereto and incorporated herein by reference as Exhibit 1. 7. Since the execution and delivery of the Note to Plaintiff, Plaintiff has been in continual possession of the original Note and now has the rights of a holder of the Note. The Note has not been sold, transferred or assigned, nor has Plaintiff relinquished possession of the Note. Plaintiff is entitled to enforce the Note in accordance with its terms. 8. The Note is in default due to Blake T. Montgomery’s failure to pay as required by its terms. 9. There remains unpaid on the Note the principal sum of $94,894.75 plus accrued interest of $4,230.54, as of November 3, 2025, with interest continuing to accrue after November 3, 2025, at the rate of $17.055056 per day, late charges of $171.50, and ad valorem taxes paid by Arvest Bank, if any. 10. The Note provides that Blake T. Montgomery agrees to pay all expenses of collection, enforcement, or protection of Plaintiff’s rights and remedies under the Note, including but not limited to attorney’s fees, court costs and other legal expenses. 11. Plaintiff is entitled to an *in personam* judgment against Blake T. Montgomery with regard to the Note in the principal sum of $94,894.75 plus accrued interest of $4,230.54, as of November 3, 2025, with interest continuing to accrue after November 3, 2025, at the rate of $17.055056 per day, late charges of $171.50, ad valorem taxes paid by Arvest Bank, if any, and all expenses of collection, enforcement, or protection of Plaintiff’s rights and remedies under the Note, including but not limited to attorney’s fees, court costs and other legal expenses. **SECOND CLAIM FOR RELIEF** Plaintiff restates and realleges its allegations above. 12. On or about April 13, 2010, for good and valuable consideration, Blake T. Montgomery and Tanja M. Montgomery executed and delivered to Plaintiff a Mortgage granting and mortgaging unto Plaintiff a good and valid Mortgage on certain real property in Tulsa County, Oklahoma ("Property") more particularly described as follows: Lots Thirty-one (31) and Thirty-two (32), Block One (1), THE RESERVE AT FOREST HILLS, a Subdivision in the City of Tulsa, Tulsa County, State of Oklahoma, according to the recorded Plat No. 5218. *(Commonly known as 5605 E 117th St, Tulsa, OK 74137)* with the required mortgage tax paid thereon by the Plaintiff as recorded on the endorsement of such Mortgage. The Mortgage was recorded on April 22, 2010, in the office of the Tulsa County Clerk at Doc No. 2010033693. A Modification of Mortgage was executed by Plaintiff and Blake T. Montgomery and Tanja M. Montgomery dated April 17, 2015, and recorded on May 8, 2015, in the office of the Tulsa County Clerk at Doc No. 2015040293. An additional Modification of Mortgage was executed by Plaintiff and Blake T. Montgomery and Tanja M. Montgomery dated April 14, 2023, and recorded on August 10, 2023, in the office of the Tulsa County Clerk at Doc No. 2023064511. The Mortgage and the Modifications of Mortgage are collectively referred to herein as “Mortgage”. A full, true, and correct copy of the Mortgage is attached hereto and incorporated herein by reference as Exhibit 2. The Mortgage secures the payment of the Note. 13. The Mortgage specifically provides that the appraisal of the Property is expressly waived or not waived at the sole option of Plaintiff and may be exercised at the time judgment is rendered for the foreclosure of the Mortgage. 14. The Mortgage further provides that in the event of default, Blake T. Montgomery and Tanja M. Montgomery agree to pay all expenses of collection, enforcement, or protection of Plaintiff’s rights and remedies under the Note, including but not limited to attorney’s fees, court costs and other legal expenses. 15. Blake T. Montgomery may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that Blake T. Montgomery be summoned in this case to show any right, title, or interest he might claim in the Property or be forever barred from claiming any right in and to the Property. 16. Tanja M. Montgomery may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that Tanja M. Montgomery be summoned in this case to show any right, title, or interest she might claim in the Property or be forever barred from claiming any right in and to the Property. 17. Unknown Spouse of Blake T. Montgomery may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that Unknown Spouse of Blake T. Montgomery be summoned in this case to show any right, title, or interest she might claim in the Property or be forever barred from claiming any right in and to the Property. 18. Unknown Spouse of Tanja M. Montgomery may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that Unknown Spouse of Tanja M. Montgomery be summoned in this case to show any right, title, or interest he might claim in the Property or be forever barred from claiming any right in and to the Property. 19. Gold Pools may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that Gold Pools be summoned in this case to show any right, title, or interest it might claim in the Property or be forever barred from claiming any right in and to the Property. 20. State of Oklahoma, ex rel. Oklahoma Tax Commission may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that State of Oklahoma, ex rel. Oklahoma Tax Commission be summoned in this case to show any right, title, or interest it might claim in the Property or be forever barred from claiming any right in and to the Property. 21. The Reserve at Forest Hills Property Owners Association may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that The Reserve at Forest Hills Property Owners Association be summoned in this case to show any right, title, or interest they might claim in the Property or be forever barred from claiming any right in and to the Property. 22. Unknown Occupants of the Premises located at 5605 E 117th St, Tulsa, OK 74137 may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that Unknown Occupants of the Premises located at 5605 E 117th St, Tulsa, OK 74137 be summoned in this case to show any right, title, or interest they might claim in the Property or be forever barred from claiming any right in and to the Property. WHEREFORE, Plaintiff Arvest Bank prays for judgment in personam against Blake T. Montgomery with regard to the Note in the principal sum of $94,894.75 plus accrued interest of $4,230.54, as of November 3, 2025, with interest continuing to accrue after November 3, 2025, at the rate of $17.055056 per day, late charges of $171.50, ad valorem taxes paid by Arvest Bank, if any, and all expenses of collection, enforcement, or protection of Plaintiff's rights and remedies under the Note, including but not limited to attorney's fees, court costs and other legal expenses. Plaintiff Arvest Bank further prays to the extent that the parties named as Defendants herein claim some right, title or interest in the Property, that the Court determine that their claims or liens are subordinate and inferior to the liens of Arvest Bank and are entitled to be foreclosed. Plaintiff Arvest Bank further prays that its Mortgage described above be foreclosed and the same be declared valid, prior, and superior liens upon the Property and the Mortgage described above superior to all interests of the Defendants herein and others who claim a judgment lien or interest herein through them, subject to a senior mortgage lien of U.S. Bank Trust National Association (or its successor in interest), and for judgment foreclosing the mortgage liens of Arvest Bank upon the Property and an order of sale commanding the Sheriff of Tulsa County, Oklahoma, to advertise and sell upon execution with or without appraisement as Arvest Bank shall elect; and the Property be sold, and the proceeds applied to the payment of: First, Plaintiff Arvest Bank’s costs including attorney’s fees; Second, the judgment of the Plaintiff Arvest Bank; and, Third, any balance remaining be paid into this Court to await the further order of this Court. Plaintiff Arvest Bank further prays that it receives such other and further relief deemed just and equitable by the Court. Respectfully submitted, Kelley G. Loud, OBA No. 15808 [email protected] TITUS HILLIS REYNOLDS LOVE 15 East 5th Street, Suite 3700 Tulsa, Oklahoma 74103 (918)587-6800/FAX: (918)587-6822 Attorneys for Plaintiff Arvest Bank <table> <tr> <th>LOAN NUMBER</th> <th>LOAN NAME</th> <th>ACCT. NUMBER</th> <th>NOTE DATE</th> <th>INITIALS</th> </tr> <tr> <td>5626310</td> <td>BLAKE T MONTGOMERY</td> <td></td> <td>04/13/10</td> <td>KL1</td> </tr> <tr> <th>NOTE AMOUNT</th> <th>INDEX (w/Margin)</th> <th>RATE</th> <th>MATURITY DATE</th> <th>LOAN PURPOSE</th> </tr> <tr> <td>$130,000.00</td> <td>Not Applicable</td> <td>8.950%</td> <td>04/15/15</td> <td>Consumer</td> </tr> </table> PROMISSORY NOTE AND TRUTH-IN-LENDING DISCLOSURES (Consumer - Closed End) DATE AND PARTIES. The date of this Promissory Note and Truth-In-Lending Disclosures (Note) is April 13, 2010. The parties and their addresses are: LENDER: ARVEST BANK P. O. BOX 3007 Tulsa, OK 74101-3007 Telephone: (918) 631-1000 BORROWER: BLAKE T MONTGOMERY 5605 E 117TH STREET TULSA, OK 74137 1. DEFINITIONS. As used in this Note, the terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Note, individually and together. "You" and "Your" refer to the Lender. B. Note. Note refers to this document, and any extensions, renewals, modifications and substitutions of this Note. C. Loan. Loan refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction such as applications, security agreements, disclosures or notes, and this Note. D. Loan Documents. Loan Documents refer to all the documents executed as a part of or in connection with the Loan. E. Property. Property is any property, real, personal or intangible, that secures my performance of the obligations of this Loan. F. Percent. Rates and rate change limitations are expressed as annualized percentages. 2. FEDERAL TRUTH-IN-LENDING DISCLOSURES. <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of my credit as a yearly rate.</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost me.</th> <th>AMOUNT FINANCED<br>The amount of credit provided to me or on my behalf.</th> <th>TOTAL OF PAYMENTS<br>The amount I will have paid when I have made all scheduled payments.</th> </tr> <tr> <td>9.009%</td> <td>$55,382.01</td> <td>$129,741.00</td> <td>$185,123.01</td> </tr> </table> Payment Schedule. My payment schedule will be: <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>59</td> <td>$1,165.54</td> <td>Monthly beginning May 15, 2010</td> </tr> <tr> <td>1</td> <td>$116,356.15</td> <td>April 15, 2015</td> </tr> </table> Security. I am giving a security interest in: 1 - 4 Family Dwelling My deposit accounts and other rights I may have to the payment of money from you. Filing Fees. Recording Fee - Mortgage: $27.00. Recording Fee - Releases: $15.00. Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Unpaid Portion of Payment or $5.00, whichever is greater. However, this charge will not be greater than $22.00. Prepayment. If I pay off early, I will not have to pay a penalty. Assumption. Someone buying the Property securing the obligation cannot assume the remainder of the obligation on the original terms. Contract Documents. I will see my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. 3. PROMISE TO PAY. For value received, I promise to pay you or your order, at your address, or at such other location as you may designate, the principal sum of $130,000.00 (Principal) plus interest from April 17, 2010 on the unpaid Principal balance until this Note matures or this obligation is accelerated. 4. INTEREST. Interest will accrue on the unpaid Principal balance of this Note at the rate of 8.950 percent (Interest Rate). A. Post-Maturity Interest. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Note at the Interest Rate in effect from time to time, until paid in full. B. Maximum Interest Amount. Any amount assessed or collected as interest under the terms of this Note will be limited to the maximum lawful amount of interest allowed by state or federal law, whichever is greater. Amounts collected in excess of the maximum lawful amount will be applied first to the unpaid Principal balance. Any remainder will be refunded to me. C. Accrual. Interest accrues using an Actual/365 days counting method. 5. ADDITIONAL CHARGES. As additional consideration, I agree to pay, or have paid, these additional fees and charges. A. Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay this Note before the scheduled maturity date. Recording - Releases. A(n) Recording - Releases fee of $15.00 payable from separate funds on or before today's date. Recording - Mortgage. A(n) Recording - Mortgage fee of $27.00 payable from separate funds on or before today's date. Processing. A(n) Processing fee of $200.00 payable from separate funds on or before today's date. Owner's Title Insurance. A(n) Owner's Title Insurance fee of $75.00 payable from separate funds on or before today's date. Mortgage Tax. A(n) Mortgage Tax fee of $130.00 payable from separate funds on or before today's date. Mortgage Certification. A(n) Mortgage Certification fee of $5.00 payable from separate funds on or before today's date. Flood Certification. A(n) Flood Certification fee of $9.00 payable from separate funds on or before today's date. Closing - Affects APR. A(n) Closing - Affects APR fee of $50.00 payable from separate funds on or before today's date. 6. REMEDIAL CHARGES. In addition to interest or other finance charges, I agree that I will pay these additional fees based on my method and pattern of payment. Additional remedial charges may be described elsewhere in this Note. A. Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Unpaid Portion of Payment or $5.00, whichever is greater. However, this charge will not be greater than $22.00. I will pay this late charge promptly but only once for each late payment. 7. PAYMENT. I agree to pay this Note in 60 payments. This Note is amortized over 240 payments. I will make 59 payments of $1,185.54 beginning on May 15, 2010, and on the 15th day of each month thereafter. A single "balloon payment" of the entire unpaid balance of Principal and interest will be due April 15, 2015. You will deliver or mail to me notice prior to maturity that the balloon payment is due. This notice will state the balloon payment amount and the date that it is due. Payments will be rounded to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. Each payment I make on this Note will be applied first to interest that is due then to principal that is due, and finally to any charges that I owe other than principal and interest. No late charge will be assessed on any payment when the only delinquency is due to late fees assessed on earlier payments and the payment is otherwise a full payment. You may change how payments are applied in your sole discretion without notice to me. The actual amount of my final payment will depend on my payment record. 8. PREPAYMENT. I may prepay this Note in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 9. LOAN PURPOSE. The purpose of this Loan is REFINANCE 1-4 FAMILY PROPERTY. 10. SECURITY. The Loan is secured by separate security instruments prepared together with this Note as follows: Document Name Parties to Document Mortgage - 5605 E 117TH STREET BLAKE T MONTGOMERY . TANJA M MONTGOMERY 11. DEFAULT. I will be in default if any of the following occur: A. Payments. I fail to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against me or any co-signer, endorser, surety or guarantor of this Note or any other obligations I have with you. C. Death or Incompetency. I die or am declared legally incompetent. D. Failure to Perform. I fail to perform any condition or to keep any promise or covenant of this Note. E. Other Documents. A default occurs under the terms of any other Loan Document. F. Other Agreements. I am in default on any other debt or agreement I have with you. G. Misrepresentation. I make any verbal or written statement or provide any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. I fail to satisfy or appeal any judgment against me. I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. I change my name or assume an additional name without notifying you before making such a change. K. Property Transfer. I transfer all or a substantial part of my money or property. L. Property Value. You determine in good faith that the value of the Property has declined or is impaired. M. Insecurity. You determine in good faith that a material adverse change has occurred in my financial condition from the conditions set forth in my most recent financial statement before the date of this Note or that the prospect for payment or performance of the Loan is impaired for any reason. 12. DUE ON SALE. You may, at your option, declare the entire balance of this Note to be immediately due and payable upon the creation of, or contract for the creation of, any transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. 13. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. A. Additional Waivers By Borrower. In addition, I, and any party to this Note and Loan, to the extent permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on these actions or based on the status of a party to this Note. (1) You may renew or extend payments on this Note, regardless of the number of such renewals or extensions. (2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. (3) You may release, substitute or impair any Property securing this Note. (4) You, or any institution participating in this Note, may invoke your right of set-off. (5) You may enter into any sales, repurchases or participations of this Note to any person in any amounts and I waive notice of such sales, repurchases or participations. (6) I agree that any of us signing this Note as a Borrower is authorized to modify the terms of this Note or any instrument securing, guaranteeing or relating to this Note. B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist upon my strict performance of any provisions contained in this Note, or any other Loan Document, shall not be construed as a waiver by you, unless any such waiver is in writing and is signed by you. 14. REMEDIES. After I default, and after you give any legally required notice and opportunity to cure the default, you may at your option do any one or more of the following. A. Acceleration. You may make all or any part of the amount owing by the terms of this Note immediately due. This remedy is subject to my limited right to cure certain defaults and to receive any notice informing me of such a right under 48 OSA 44. B. Sources. You may use any and all remedies you have under state or federal law or in any Loan Document. C. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on my default. D. Payments Made On My Behalf. Amounts advanced on my behalf will be immediately due and may be added to the balance owed under the terms of this Note, and accrue interest at the highest post-maturity interest rate. E. Attachment. You may attach or garnish my wages or earnings. F. Set-Off. You may use the right of set-off. This means you may set-off any amount due and payable under the terms of this Note against any right I have to receive money from you. My right to receive money from you includes any deposit or share account balance I have with you; any money owed to me on an item presented to you or in your possession for collection or exchange; and any repurchase agreement or other non-deposit obligation. "Any amount due and payable under the terms of this Note" means the total amount to which you are entitled to demand payment under the terms of this Note at the time you set-off. Subject to any other written contract, if my right to receive money from you is also owned by someone who has not agreed to pay this Note, your right of set-off will apply to my interest in the obligation and to any other amounts I could withdraw on my sole request or endorsement. Your right of set-off does not apply to an account or other obligation where my rights arise only in a representative capacity. It also does not apply to any Individual Retirement Account or other tax-deferred retirement account. You will not be liable for the dishonor of any check when the dishonor occurs because you set-off against any of my accounts. I agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off. G. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues or occurs again. 15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, I agree to pay all expenses of collection, enforcement or protection of your rights and remedies under this Note or any other Loan Document. Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of this Note. All fees and expenses will be secured by the Property I have granted to you, if any. In addition, to the extent permitted by the United States Bankruptcy Code, I agree to pay the reasonable attorneys' fees incurred by you to protect your rights and interests in connection with any bankruptcy proceedings initiated by or against me. 16. COMMISSIONS. I understand and agree that you (or your affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other services that I buy through you or your affiliate. 17. WARRANTIES AND REPRESENTATIONS. I have the right and authority to enter into this Note. The execution and delivery of this Note will not violate any agreement governing me or to which I am a party. 18. INSURANCE. I agree to obtain the insurance described in this Loan Agreement. A. Property Insurance. I will insure or retain insurance coverage on the Property and abide by the insurance requirements of any security instrument securing the Loan. B. Flood Insurance. Flood insurance is not required at this time. It may be required in the future should the property be included in an updated flood plain map. If required in the future, I may obtain flood insurance from anyone I want that is reasonably acceptable to you. C. Insurance Warranties. I agree to purchase any insurance coverages that are required, in the amounts you require, as described in this or any other documents I sign for the Loan. I will provide you with continuing proof of coverage. I will buy or provide insurance from a firm licensed to do business in the State where the Property is located. If I buy or provide the insurance from someone other than you, the firm will be reasonably acceptable to you. I will have the insurance company name you as loss payee on any insurance policy. You will apply the insurance proceeds toward what I owe you on the outstanding balance. I agree that if the insurance proceeds do not cover the amounts I still owe you, I will pay the difference. I will keep the insurance until all debts secured by this agreement are paid. If I want to buy the insurance from you, I have signed a separate statement agreeing to this purchase. 19. APPLICABLE LAW. This Note is governed by the laws of Oklahoma, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. 20. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. My obligation to pay the Loan is independent of the obligation of any other person who has also agreed to pay it. You may sue me alone, or anyone else who is obligated on the Loan, or any number of us together, to collect the Loan. Extending the Loan or new obligations under the Loan, will not affect my duty under the Loan and I will still be obligated to pay the Loan. This Note shall inure to the benefit of and be enforceable by you and your successors and assigns and shall be binding upon and enforceable against me and my personal representatives, successors, heirs and assigns. 21. AMENDMENT, INTEGRATION AND SEVERABILITY. This Note may not be amended or modified by oral agreement. No amendment or modification of this Note is effective unless made in writing and executed by you and me. This Note and the other Loan Documents are the complete and final expression of the agreement. If any provision of this Note is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. No present or future agreement securing any other debt I owe you will secure the payment of this Loan if, with respect to this loan, you fail to fulfill any necessary requirements or limitations of Sections 19(a), 32 or 35 of Regulation Z or if, as a result, this Loan would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. 22. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Note. 23. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Borrower will be deemed to be notice to all Borrowers. I will inform you in writing of any change in my name, address or other application information. I will provide you any financial statement or information you request. All financial statements and information I give you will be correct and complete. I agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Loan and to confirm your lien status on any Property. Time is of the essence. 24. CREDIT INFORMATION. I agree to supply you with whatever information you reasonably request. You will make requests for this information without undue frequency, and will give me reasonable time in which to supply the information. 25. ERRORS AND OMISSIONS. I agree, if requested by you, to fully cooperate in the correction, if necessary, in the reasonable discretion of you of any and all loan closing documents so that all documents accurately describe the loan between you and me. I agree to assume all costs including by way of illustration and not limitation, actual expenses, legal fees and marketing losses for failing to reasonably comply with your requests within thirty (30) days. 26. SIGNATURES. By signing, I agree to the terms contained in this Note. I also acknowledge receipt of a copy of this Note. BORROWER: BLAKE T MONTGOMERY Individually <table> <tr> <th>LOAN NUMBER</th> <th>ACCT. NUMBER</th> <th>MODIFICATION DATE</th> <th>NOTE AMOUNT</th> </tr> <tr> <td>5626310</td> <td></td> <td>April 17, 2015</td> <td>$116,140.70</td> </tr> <tr> <th colspan="4">AMENDED OBLIGATION INFORMATION</th> </tr> <tr> <th>MATURITY DATE</th> <th>INDEX (w/margin)</th> <th>INTEREST RATE</th> <th>INITIALS</th> </tr> <tr> <td>06/15/30</td> <td>Not Applicable</td> <td>8.950%</td> <td>KL1</td> </tr> <tr> <td colspan="4">Creditor Use Only</td> </tr> </table> DEBT MODIFICATION AGREEMENT DATE AND PARTIES. The date of this Debt Modification Agreement (Modification) is April 17, 2015. The parties and their addresses are: LENDER: ARVEST BANK P.O. Box 3007 Tulsa, OK 74101-3007 Telephone (918) 384-2700 BORROWER: BLAKE T MONTGOMERY 7107 S YALE AVE TULSA, OK 74136 1. DEFINITIONS. In this Modification, these terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Modification, individually and together with their heirs, executors, administrators, successors, and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Loan. "You" and "your" refer to the Lender, with its participants or syndicators, successors and assigns, or any person or entity that acquires an interest in the Modification or the Prior Obligation. B. Amended Obligation. Amended Obligation is the resulting agreement that is created when the Modification amends the Prior Obligation. It is described above in the AMENDED OBLIGATION INFORMATION section. C. Loan. Loan refers to the transaction generally. It includes the obligations and duties arising from the terms of all documents prepared or submitted in association with the Prior Obligation and this modification, such as applications, security agreements, disclosures, notes, agreements, and this Modification. D. Modification. Modification refers to this Debt Modification Agreement. E. Prior Obligation. Prior Obligation refers to my original agreement described above in the PRIOR OBLIGATION INFORMATION section, and any subsequent extensions, renewals, modifications or substitutions of it. 2. BACKGROUND. You and I have previously entered into a Prior Obligation. As of the date of this Modification, the outstanding unpaid balance of the Prior Obligation is $115,916.70. Conditions have changed since the execution of the Prior Obligation instruments. In response, and for value received, you and I agree to modify the terms of the Prior Obligation, as provided for in this Modification. 3. CONTINUATION OF TERMS. I agreed and understand that all other terms and provisions in the Prior Obligation survive and continue in full force and effect, except to the extent that they are specifically and expressly amended by this Modification. The express amendment of a term does not amend related or other terms - even if the related or other terms are contained in the same section or paragraph of the Prior Obligation. For illustration purposes only, a modification of the interest rate to be paid during the term of the loan would not modify the default rate of interest even though both of those terms are described in the Prior Obligation in a common section titled "Interest". The term "Prior Obligation" includes the original instrument and any modifications prior to this Modification. 4. TERMS. The Prior Obligation is modified as follows A. Interest. Our agreement for the payment of interest after maturity is modified to read: (1) Post-Maturity Interest. After maturity or acceleration, interest will accrue on the unpaid Principal balance of the Loan at the Interest Rate in effect from time to time, until paid in full. B. Maturity and Payments. The maturity and payment provisions are modified to read. (1) PAYMENT. I agree to pay the Loan in 182 payments. A payment of $1,168.45 will be due May 15, 2015, and on the 15th day of each month thereafter. A final payment of the entire unpaid balance of principal and interest will be due June 15, 2030. Payments will be rounded to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be Loan Processing. A(n) Loan Processing fee of $150.00 payable from the loan proceeds. Inspection A(n) Inspection fee of $45.00 payable from the loan proceeds Recording - Mortgage A(n) Recording - Mortgage fee of $15.00 payable from the loan proceeds Appraisal A(n) Appraisal fee of $14.00 payable from the loan proceeds. [2] Late Charge. If a payment is more than 15 days late, I will be charged 6.000 percent of the Unpaid Portion of Payment or $5.00, whichever is greater. However, this charge will not be greater than $24.50. I will pay this late charge promptly but only once for each late payment. 5. NOT A REFINANCING. This Modification modifies the Loan. It is not a new loan. It is not a pay off, replacement, substitution or refinancing of the Loan. 6. WAIVER. Except to the extent prohibited by law, I waive all claims, defenses, setoffs, or counterclaims relating to the Prior Obligation, or any document securing the Prior Obligation, that I may have. Any party to the Prior Obligation that does not sign this Modification, shall remain liable under the terms of the Prior Obligation unless released in writing by you. 7. REASON(S) FOR MODIFICATION. EXTEND MATURITY DATE 8. ADDITIONAL TERMS. On November 27, 2012, Blake Thomas Montgomery received discharge in case No. 12-12256-M, United States Bankruptcy Court, of Oklahoma. Therefore, notwithstanding anything to the contrary set forth in this Modification or any document executed in connection with the Loan, 5626310 shall have no personal ["in personam"] liability with the Loan. However, this discharge does not affect our rights with regard to the property that secures the Loan. 9. SIGNATURES. By signing, I agree to the terms contained in this Modification. I also acknowledge receipt of a copy of this Modification. BORROWER: Blake T Montgomery Date 4/28/15 BLAKE T MONTGOMERY Individually Loan origination organization ARVEST BANK NMLS ID 403249 Loan originator KAREN WILLIAMS NMLS ID 564649 CHANGE IN TERMS AGREEMENT Arvest Bank PO Box 1229 Bentonville, Arkansas 72712 0 NMLS Company Identifier: 403249 NMLS Originator Identifier: 1163482 <table> <tr> <th>ORIGINAL PRINCIPAL BALANCE</th> <th>ORIGINAL AGREEMENT DATE</th> <th>EFFECTIVE DATE</th> </tr> <tr> <td>$130,000.00</td> <td>April 13, 2010</td> <td>April 14, 2023</td> </tr> </table> Loan #5626310 BORROWER INFORMATION Blake T Montgomery 5605 E 117th Street Tulsa, OK 74137-8534 AGREEMENT. "Agreement" means this Change in Terms Agreement. EXISTING DEBT. "Existing Debt" means the indebtedness evidenced by an instrument executed on April 13, 2010 in the original principal amount of $130,000.00 with a remaining balance due of $99,187.46 and a maturity date of June 15, 2030. LENDER. "Lender" means Arvest Bank whose address is PO Box 1229, Bentonville, Arkansas 72712, its successors and assigns. TERMS AND PROVISIONS. In consideration of the terms and provisions contained in this Agreement and in the instrument(s) evidencing the Existing Debt and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the undersigned, the terms of the instrument(s) evidencing the Existing Debt are modified effective April 14, 2023, as follows: - INTEREST RATE INFORMATION: 6.560 This is a fixed rate loan. - REPAYMENT SCHEDULE: 240 Monthly payments of $741.45 beginning 04/30/2023. If, on the maturity date, March 30, 2043, I still owe amounts on this loan, I will pay those amounts in full on that date. RATIFICATION AND CONTINUED VALIDITY. Except for the terms expressly modified by this Agreement, the undersigned hereby acknowledge they are still bound by the terms of the instruments and prior modifications, extensions, and supplements evidencing the Existing Debt as if they were fully set forth and repeated in this Agreement and that those terms will continue to bind the parties as provided in this Agreement and those instruments and agreements as set forth therein. Consent to this Agreement does not waive the right to strictly enforce any rights under this Agreement or the instruments or agreements evidencing the Existing Debt. Consent to this Agreement does not require any party to enter into another agreement like this one in the future. This Agreement shall not be construed as a novation or extinguishment of the Existing Debt, but a restatement of the Existing Debt with modifications. OTHER RESPONSIBLE PARTIES. Any parties liable for the Existing Debt, including without limitation, cosigners, guarantors, and hypothecators, are not relieved of any obligation except as expressly relieved in this Agreement or any other writing. The liability of any party who signed the instruments evidencing the Existing Debt, whether primary or secondary, continues in full force and effect, even if that party does not sign this Agreement. HEADINGS The headings are for the general convenience of the parties in identifying subject matter. The headings have no limiting effect on the text that follows any particular heading. SINGULAR AND PLURAL TERMS. All words in the singular shall include the plural and the plural shall include the singular. ORAL AGREEMENTS DISCLAIMER. This Agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. ADDITIONAL PROVISIONS. Reason for Modification: Extend maturity date. On November 27, 2012, Blake T Montgomery received discharge in case No. 12-12256-M, United States Bankruptcy Court, Northern District of Oklahoma. Therefore, notwithstanding anything to the contrary set forth in this Modification or any document executed in connection with the Loan, Blake T Montgomery, shall have no personal (in person) liability with the Loan. However, this discharge does not affect our rights with regard to the property that secures the Loan. By signing this Agreement, each Borrower acknowledges reading, understanding, and agreeing to all its provisions, and receiving a copy. Blake T Montgomery 4/17/23 Date By signing this Agreement, Lender acknowledges reading, understanding, and agreeing to all its provisions. Arvest Bank Ashley N Mathews 5/24/23 Date Its: Consumer Mtg Loss Mitigation Manager Space Above This Line For Recording Data When recorded return to ARVEST BANK, P.O. BOX 3007, TULSA, Oklahoma 74101-3007 MORTGAGE DATE AND PARTIES. The date of this Mortgage (Security Instrument) is APRIL 13, 2010. The parties and their addresses are: MORTGAGOR: BLAKE T MONTGOMERY Spouse of TANJA M MONTGOMERY 5605 E 117TH STREET TULSA, OK 74137 TANJA M MONTGOMERY Spouse of BLAKE T MONTGOMERY 5605 E 117TH STREET TULSA, OK 74137 Mortgage Tax Certification DENNIS SEMLER, Tulsa County Treasurer Date 4/21/2010 Tax $180.00 Deputy TRM Receipt 303618 LENDER: ARVEST BANK Organized and existing under the laws of Arkansas P. O. BOX 3007 Tulsa, OK 74101-3007 EXC RANCES Title & Escrow Co. 8522 East 61st Street Tulsa, Oklahoma 74133-1916 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys, sells and mortgages to Lender, with the power of sale, the following described property: LOTS THIRTY-ONE (31) AND THIRTY-TWO (32), BLOCK ONE (1), THE RESERVE AT FOREST HILLS, A SUBDIVISION IN THE CITY OF TULS, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF The property is located in TULSA County at 5605 E 117TH STREET, TULSA, Oklahoma 74137. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, wells, ditches and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed $130,000.00. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 5626310, dated April 13, 2010, from BLAKE T MONTGOMERY (Borrower) to Lender, with a loan amount of $130,000.00 and maturing on April 15, 2015. B. All Debts. All present and future debts from BLAKE T MONTGOMERY to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Mortgagor’s principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any debt for which a non-possessory, non-purchase money security interest is created in “household goods” in connection with a “consumer loan,” as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in “margin stock” and Lender does not obtain a “statement of purpose,” as defined and required by federal law governing securities. This Security Instrument will not secure any other debt if Lender fails, with respect to that other debt, to fulfill any necessary requirements or limitations of Sections 19(a), 32, or 35 of Regulation Z. C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 5. WARRANTY OF TITLE. Mortgagor covenants that Mortgagor is lawfully seized of the estate conveyed by this Mortgage and has the right to grant, bargain, convey, sell, and mortgage the Property and warrants that the Property is unencumbered, except for encumbrances of record. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender’s prior written consent. 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor’s payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 8. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. 9. WARRANTIES AND REPRESENTATIONS. Mortgagor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing Mortgagor or to which Mortgagor is a party. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender’s prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender’s prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. Lender or Lender’s agents may, at Lender’s option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender’s benefit and Mortgagor will in no way rely on Lender’s inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor’s name or pay any amount necessary for performance. Lender’s right to perform for Mortgagor will not create an obligation to perform, and Lender’s failure to perform will not preclude Lender from exercising any of Lender’s other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender’s security interest in the Property, including completion of the construction. 12. DEFAULT. Mortgagor will be in default if any of the following occur: A. Payments. Mortgagor or Borrower fail to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Mortgagor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender. C. Death or incompetency. Mortgagor dies or is declared legally incompetent. D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. F. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender. G. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor. I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired. M. Insecurity. Lender determines in good faith that a material adverse change has occurred in Borrower's financial condition from the conditions set forth in Borrower's most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 13. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or in any document relating to the Secured Debts, including without limitation, the power to sell the Property. Any amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Mortgagor's default. Subject to any right to cure, required time schedules or any other notice rights Mortgagor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. Lender has the power to sell the Property. If Lender invokes the power of sale, Lender will give notice in the manner required by applicable law to Mortgagor and any other persons prescribed by law. Lender will also publish the notice of sale, and the Property will be sold, as prescribed by applicable law. Upon any sale of the Property, Lender will make and deliver a special or limited warranty deed that conveys the property sold to the purchaser or purchasers. Under this special or limited warranty deed, Lender will covenant that Lender has not caused or allowed a lien or an encumbrance to burden the Property and that Lender will specially warrant and defend the Property's title of the purchaser or purchasers at the sale against all lawful claims and demand of all persons claiming by, through or under Lender. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Mortgagor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under this Security Instrument or any other document relating to the Secured Debts. Mortgagor agrees to pay expenses for Lender to inspect and preserve the Property. Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against Mortgagor. 15. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and will remain in full compliance with any applicable Environmental Law. C. Mortgagor will immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 16. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 17. INSURANCE. Mortgagor agrees to keep the Property insured against the risks reasonably associated with the Property. Mortgagor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Mortgagor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Mortgagor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Mortgagor will immediately notify Lender of cancellation or termination of insurance. If Mortgagor fails to keep the Property insured, Lender may obtain insurance to protect Lender's interest in the Property and Mortgagor will pay for the insurance on Lender's demand. Lender may demand that Mortgagor pay for the insurance all at once, or Lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance may include coverages not originally required of Mortgagor, may be written by a company other than one Mortgagor would choose, and may be written at a higher rate than Mortgagor could obtain if Mortgagor purchased the insurance. Mortgagor acknowledges and agrees that Lender or one of Lender's affiliates may receive commissions on the purchase of this insurance. 18. ESCROW FOR TAXES AND INSURANCE. Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 19. CO-SIGNERS. If Mortgagor signs this Security Instrument but is not otherwise obligated to pay the Secured Debts, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debts and Mortgagor does not agree by signing this Security Instrument to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. 20. 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. 21. APPLICABLE LAW. This Security Instrument is governed by the laws of Oklahoma, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. 22. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor's obligations under this Security Instrument are independent of the obligations of any other Mortgagor. Lender may sue each Mortgagor individually or together with any other Mortgagor. Lender may release any part of the Property and Mortgagor will still be obligated under this Security Instrument for the remaining Property. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Mortgagor. 23. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Mortgagor and Lender. This Security Instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 24. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 25. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Mortgagor will be deemed to be notice to all Mortgagors. Mortgagor will inform Lender in writing of any change in Mortgagor's name, address or other application information. Mortgagor will provide Lender any financial statements or information Lender requests. All financial statements and information Mortgagor gives Lender will be correct and complete. Mortgagor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Mortgagor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. NOTICE TO MORTGAGOR: A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW THE MORTGAGEE TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY THE MORTGAGOR UNDER THIS MORTGAGE. SIGNATURES. By signing, Mortgagor agrees to the terms and covenants contained in this Security Instrument. Mortgagor also acknowledges receipt of a copy of this Security Instrument. MORTGAGOR: [Signature] BLAKE T MONTGOMERY Individually [Signature] DIANA J MONTGOMERY, ATTY, IN F. A.C.T TANJA M MONTGOMERY by Blake T. Montgomery, Attorney in Fact Individually ACKNOWLEDGMENT. (Individual) County: Of Tulsa. State: Of Oklahoma. This instrument was acknowledged before me this 13 day of April , 2010 by BLAKE T MONTGOMERY, spouse of TANJA M MONTGOMERY, and TANJA M MONTGOMERY, spouse of BLAKE T MONTGOMERY, Blake T Montgomery as Attorney in Fact for Tanja M Montgomery, his wife. My commission expires: Commission number: (Notary Public) TitleOne, LLC 2642 E. 21st St., Ste. 290 Tulsa, OK 74114 Space Above This Line For Recording Data When recorded return to Arvest Bank, P.O. Box 940, Rogers, AR 72757-0940 MODIFICATION OF MORTGAGE DATE AND PARTIES. The date of this Real Estate Modification (Modification) is April 17, 2015. The parties and their addresses are: MORTGAGOR: BLAKE T MONTGOMERY Spouse of TANJA M MONTGOMERY 7107 S YALE AVE TULSA, OK 74136 TANJA M MONTGOMERY Spouse of BLAKE T MONTGOMERY 7107 S YALE AVE TULSA, OK 74136 No Mortgage Tax Due Dennis Semler, Tulsa County Treasurer LENDER: ARVEST BANK Organized and existing under the laws of Arkansas P.O. Box 3007 Tulsa, OK 74101-3007 Date 5-8-15 Deputy _____CJC_____ 1. BACKGROUND. Mortgagor and Lender entered into a security instrument dated APRIL 13, 2010 and recorded on APRIL 22, 2010 (Security Instrument). The Security Instrument was recorded in the records of Tulsa County, Oklahoma at DOC# 2010033693 and covered the following described Property: LOTS THIRTY ONE (31) AND THIRTY-TWO (32) BLOCK ONE (1) THE RESERVE AT FOREST HILLS A SUBDIVISION IN THE CITY OF TULSA TULSA COUNTY STATE OF OKLAHOMA The property is located in Tulsa County at 5605 E 117TH ST, TULSA, Oklahoma 74137. 2. MODIFICATION. For value received, Mortgagor and Lender agree to modify the Security Instrument as provided for in this Modification. The Security Instrument is modified as follows: A. Secured Debt. The secured debt provision of the Security Instrument is modified to read: (1) Secured Debts and Future Advances. The term "Secured Debts" includes and this Security Instrument will secure each of the following: (a) Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 5626310, dated April 13, 2010, from BLAKE T MONTGOMERY (Borrower) to Lender, with a modified loan amount of $116,140.70 and maturing on June 15, 2030. (b) Future Advances. All future advances from Lender to BLAKE T MONTGOMERY under the Specific Debts executed by BLAKE T MONTGOMERY in favor of Lender after this Security Instrument. If more than one person signs this Security Instrument, each agrees that this Security Instrument will secure all future advances that are given to BLAKE T MONTGOMERY either individually or with others who may not sign this Security Instrument. All future advances are secured by this Security Instrument even though all or part may not yet be advanced. All future advances are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future advances in any amount. Any such commitment must be agreed to in a separate writing. (c) All Debts. All present and future debts from BLAKE T MONTGOMERY to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. This Security Instrument will not secure any debt for which a non-possessory, non-purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law governing securities. This Modification will not secure any other debt if Lender fails, with respect to that other debt, to fulfill any necessary requirements or conform to any limitations of Regulations Z and X that are required for loans secured by the Property. (d) Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 3. WARRANTY OF TITLE. Mortgagor covenants that Mortgagor continues to be lawfully seized of the estate conveyed by the Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property and warrants that the Property is unencumbered, except for encumbrances of record. 4. CONTINUATION OF TERMS. Except as specifically amended in this Modification, all of the terms of the Security Instrument shall remain in full force and effect. SIGNATURES. By signing, Mortgagor agrees to the terms and covenants contained in this Modification. Mortgagor also acknowledges receipt of a copy of this Modification. MORTGAGOR: [Signature] Blake T Montgomery BLAKE T MONTGOMERY Individually [Signature] Tamia M Montgomery TAMIA M MONTGOMERY Individually LENDER: Arvest Bank By: [Signature] Karen Williams Karen Williams, VP, Senior Consumer Lender ACKNOWLEDGMENT. Blake Montgomery OF Tulsa, OK Tanja Montgomery OF Tulsa, OK ss. This instrument was acknowledged before me this 28th day of April, 2015 by BLAKE T MONTGOMERY, spouse of TANJA M MONTGOMERY, and TANJA M MONTGOMERY, spouse of BLAKE T MONTGOMERY. My commission expires: 8/13/18 Commission number: 400784 (Notary Public) (Lender Acknowledgment) Not Required __________________________ OF ____________________, _______________ OF ____________________ ss. This instrument was acknowledged before me this _________ day of ________ , __________ by Karen Williams as VP Senior Consumer Lender of Arvest Bank. My commission expires: Commission number: ____________________________ (Notary Public) Loan origination organization ARVEST BANK NMLS ID 403249 Loan originator KAREN WILLIAMS NMLS ID 564645 (Space Above This Line For Recording Data) LOAN NUMBER: 5626310 NMLS COMPANY IDENTIFIER: 403249 NMLS ORIGINATOR IDENTIFIER: 1163482 MODIFICATION AGREEMENT - MORTGAGE THIS MODIFICATION AGREEMENT ("Agreement") is made this 14th day of April, 2023, between Blake T Montgomery and Tanja M Montgomery, a married couple, whose address is 5605 E 117th Street, Tulsa, Oklahoma 74137-8534 ("Mortgagor"), and Arvest Bank whose address is PO Box 1229, Bentonville, Arkansas 72712 ("Lender"). Arvest Bank and Mortgagor entered into a Mortgage dated April 13, 2010 and recorded on April 22, 2010 as Document #2010033693, 5 pages and re-recorded on May 8, 2015 as Document #2015040293, 3 pages, records of County of Tulsa, State of Oklahoma ("Mortgage"). The Mortgage covers the following described real property: Address: 5605 E 117th Street, Tulsa, Oklahoma 74137-8534 Legal Description: Lois Thirty-one (31) and Thirty-two (32), Block One (1), THE RESERVE AT FOREST HILLS, a Subdivision in the City of Tulsa, Tulsa County, State of Oklahoma, according to the recorded plat thereof. It is the express intent of the Mortgagor and Lender to modify the terms and provisions set forth in the Mortgage. Mortgagor and Lender hereby agree to modify the Mortgage as follows: • The following debts and all extensions, renewals, financing, modifications and replacements. A renewal note or other agreement, No. 5626310, dated April 14, 2023 from Mortgagor to Lender, with a loan amount of $99,187.46 and maturing on March 30, 2043. Mortgagor and Lender agree that the Mortgage including such changes, modifications, and amendments as set forth herein, shall remain in full force and effect with respect to each and every term and condition thereof and nothing herein contained shall in any manner affect the lien of the Mortgage on the Property. Nothing contained herein shall in any way impair the Mortgage or the security now held for the indebtedness thereunder, or alter, waive, annul, vary, or affect any provision, term, condition, or covenant therein, except as herein provided, nor affect or impair any rights, powers, privileges, duties, or remedies under the Mortgage it being the intent of Mortgagor and Lender that the terms and provisions thereof shall continue in full force and effect, except as specifically modified herein. Nothing in this Agreement shall constitute a satisfaction of the promissory note or notes, or other credit agreement or agreements secured by the Mortgage. Lender's consent to this Agreement does not waive Lender's right to require strict performance of the Mortgage modified above, nor obligate Lender to make any future modifications. Any guarantor or cosigner shall not be released by virtue of this Agreement. If any Mortgagor who signed the original Mortgage does not sign this Agreement, then all Mortgagors signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. This Agreement shall be binding upon the heirs, successors, and assigns with respect to parties hereto. Whenever used, the singular shall include the plural, the plural, the singular, and the use of any gender shall be applicable to all genders. ORAL AGREEMENTS DISCLAIMER. This Agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. By signing below, Mortgagor and Lender acknowledge that they have read all the provisions contained in this Agreement, and that they accept and agree to its terms. Tanja M Montgomery 5-1-23 INDIVIDUAL ACKNOWLEDGMENT STATE OF OKLAHOMA ) COUNTY OF ) This instrument was acknowledged by Blake T Montgomery and Tanja M Montgomery, a married couple, before me on May 1, 2023. In witness whereof, I hereunto set my hand and my official seal. My commission expires: 10-17-26 Identification Number 22013956 (Official Seal) ANDREW THOMAS Notary Public, State of Oklahoma Commission # 22013956 My Commission Expires 10-17-2026 LENDER: Arvest Bank By: Ashley N Mathews Date Its: Consumer Mgt Loss Mitigation Manager non-signing person consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. This Agreement shall be binding upon the heirs, successors, and assigns with respect to parties hereto. Whenever used, the singular shall include the plural, the plural, the singular, and the use of any gender shall be applicable to all genders. ORAL AGREEMENTS DISCLAIMER. This Agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. By signing below, Mortgagor and Lender acknowledge that they have read all the provisions contained in this Agreement, and that they accept and agree to its terms. Blake T Montgomery Date Tanja M Montgomery AR Date INDIVIDUAL ACKNOWLEDGMENT STATE OF OKLAHOMA ) COUNTY OF Tulsa ) This instrument was acknowledged by Blake T Montgomery and Tanja M Montgomery, a married couple, before me on April 17th, 2023. In witness whereof, I hereunto set my hand and my official seal. My commission expires: 4/12/26 Identification Number 22058110 LENDER: Arvest Bank Ashley Mathews Date Its: Consumer Mig Loss Mitigation Manager BUSINESS ACKNOWLEDGMENT STATE OF Arkansas ) OKLAHOMA ) COUNTY OF Sebastian ) This instrument was acknowledged on the 10th of Aug. 2023, by Ashley N Mathews, Consumer Mtg Loss Mitigation Manager on behalf of Arvest Bank, a(n) State Bank, who personally appeared before me. In witness whereof, I hereunto set my hand and official seal. My commission expires: Oct. 12, 2028 (Official Seal) Yeltsin Pineda Notary Public - Arkansas Sebastian County Commission # 12705824 My Commission Expires Oct 12, 2028 IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA ARVEST BANK, Plaintiff, vs. BLAKE T. MONTGOMERY, TANJA M. MONTGOMERY, UNKNOWN SPOUSE OF BLAKE T. MONTGOMERY, UNKNOWN SPOUSE OF TANJA M. MONTGOMERY, GOLD POOLS, STATE OF OKLAHOMA, EX REL. OKLAHOMA TAX COMMISSION, THE RESERVE AT FOREST HILLS PROPERTY OWNERS ASSOCIATION, UNKNOWN OCCUPANTS OF THE PREMISES LOCATED AT 5605 E 117TH ST, TULSA, OK 74137, Defendants. AFFIDAVIT AS TO MILITARY SERVICE STATE OF OKLAHOMA ) COUNTY OF TULSA ) ss. I, Kelley G. Loud, being first duly sworn, depose and state under penalty of perjury as follows: 1. I am the attorney for Arvest Bank in the above-entitled action and this affidavit is made on its behalf. 2. To the best of my knowledge, information, and belief, Defendant Blake T. Montgomery has not had and does not have active military status, as reflected in the attached searches of the Department of Defense Military Status website. Defendant Tanja M. Montgomery is not a borrower on the Note that is the subject of this action. Plaintiff has no identifying information (i.e., social security number or birthdate) on file for Tanja M. Montgomery in order to search the Department of Defense Military Status website and counsel has no information suggesting that Tanja M. Montgomery has active military status. Kelley G. Loud Subscribed and sworn to before me this 7th day of November, 2025. Notary Public [SEAL] Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-8866 Birth Date: Feb-XX-1971 Last Name: MONTGOMERY First Name: BLAKE Middle Name: Status As Of: Nov-06-2025 Certificate ID: V08B0SQ8MBWZLQ1 <table> <tr> <th colspan="4">On Active Duty On Active Duty Status Date</th> </tr> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> <tr> <td colspan="4">This response reflects the individual's active duty status based on the Active Duty Status Date</td> </tr> </table> <table> <tr> <th colspan="4">Left Active Duty Within 367 Days of Active Duty Status Date</th> </tr> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> <tr> <td colspan="4">This response reflects whether the individual left active duty status within 367 days preceding the Active Duty Status Date</td> </tr> </table> <table> <tr> <th colspan="4">The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date</th> </tr> <tr> <th>Order Notification Start Date</th> <th>Order Notification End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> <tr> <td colspan="4">This response reflects whether the individual or his/her unit has received early notification to report for active duty</td> </tr> </table> Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA ARVEST BANK, ) ) ) ) Plaintiff, vs. ) ) ) CASE NO. BLAKE T. MONTGOMERY, TANJA M. MONTGOMERY, UNKNOWN SPOUSE OF BLAKE T. MONTGOMERY, UNKNOWN SPOUSE OF TANJA M. MONTGOMERY, GOLD POOLS, STATE OF OKLAHOMA, EX REL. OKLAHOMA TAX COMMISSION, THE RESERVE AT FOREST HILLS PROPERTY OWNERS ASSOCIATION, UNKNOWN OCCUPANTS OF THE PREMISES LOCATED AT 5605 E 117TH ST, TULSA, OK 74137, Defendants. ENTRY OF APPEARANCE To the Clerk of this Court and all parties of record, Kelley G. Loud hereby enters her appearance as counsel in this case for Arvest Bank. Respectfully submitted, Kelley G. Loud, OBA #15808 [email protected] TITUS HILLIS REYNOLDS LOVE 15 East Fifth Street, Suite 3700 Tulsa, Oklahoma 74103 Phone: (918) 587-6800 Fax: (918) 587-6822 Attorneys for Defendant/Cross-Plaintiff Arvest Bank