IN THE DISTRICT COURT WITHIN AND FOR OKLAHOMA COUNTY
STATE OF OKLAHOMA
U.S. BANK NATIONAL ASSOCIATION,
NOT IN ITS INDIVIDUAL CAPACITY
BUT SOLELY AS TRUSTEE OF NRZ PASS-THROUGH TRUST XI
Plaintiff,
vs.
DONALD BURCH
SPOUSE OF DONALD BURCH
DONALD B. GLAZE
SPOUSE OF DONALD B GLAZE
OCCUPANT(S) OF THE PREMISES
ADVANTAGE EXPERTS SERVICES
BENEFICIAL OKLAHOMA INC.
OKLAHOMA MOTOR CREDIT COMPANY
Defendant(s)
PETITION
Comes now the Plaintiff, U.S. Bank National Association, not in its individual capacity but solely as trustee of NRZ Pass-Through Trust XI, and for its cause of action against the Defendants above named, alleges and states:
1. That the Plaintiff was all times hereinafter mentioned, and now is duly organized, existing and authorized to bring this action.
2. That the Defendants, Donald Burch and Donald B. Glaze, were single at all relevant times.
3. That the original maker(s) for a good and valuable consideration, made, executed and delivered to the Payee, a certain written promissory note; a true copy of said note and endorsements thereon, if any, is hereto attached, marked Exhibit “A”, and made a part hereof by reference.
4. That as a part of the same transaction and to secure the payment of the note above described and the indebtedness represented thereby, the owners of the real estate hereinafter described, made, executed and delivered to the Payee of the note, a certain real estate mortgage in writing encumbering the following real property, to -wit:
A part of the East Half (E/2) of the West Half (W/2) of the Northeast Quarter (NE/4) of the Northeast Quarter (NE/4) of the Southwest Quarter (SW/4) of Section Twenty-four (24), Township Twelve (12) North, Range Four (4) West of the Indian Meridian, Oklahoma County, Oklahoma, more particularly described as follows: Beginning at a point on the East line of said E/2 of the W/2 of the NE/4 of the NE/4 of the SW/4 a distance of 25 feet North of the SE/C thereof; Thence North 140 feet; Thence West 55 feet; Thence South 140 feet; Thence East 55 feet to the point of beginning
5. That said mortgage was duly executed and acknowledged according to law, the mortgage tax duly paid thereon, and was recorded on August 9, 1999 in Book 7657 at Page 314 in the office of the County Clerk of Oklahoma County, Oklahoma, a true and correct copy of which is attached hereto as Exhibit "B" and the record thereof is incorporated herein by reference. That Plaintiff was the person entitled to enforce the Note on and before the date this action was filed. That Plaintiff has complied with all the terms, conditions precedent and provisions of said note and mortgage, and is duly empowered to bring this suit.
6. That said note and mortgage provided that if default be made in the payment of any of the monthly installments, or on failure or neglect to keep or perform any of the other conditions covenants of the mortgage, that the entire principal sum and accrued interest, together with all other sums secured by said mortgage, shall at one become due and payable, at the option of the person entitled to enforce the Note, and the person entitled to enforce the Note shall be entitled to foreclose said mortgage and recover the unpaid principal thereon and all expenditures of the mortgagee made thereunder, with interest thereon, and to have said premises sold and the proceeds applied to the payment of the indebtedness secured thereby, together with attorney fees and all costs.
7. The default has been made upon said note and mortgage in that the installments due on May 4, 2025 and thereafter have not been paid.
8. That preliminary to the bringing of this action, and as a necessary expense thereof, this Plaintiff caused title work to be extended and certified to date at a cost which charge is a further lien secured by the Mortgage of the Plaintiff herein sued upon.
9. That said note and mortgage provide that in case of a foreclosure of said mortgage as often as any proceedings shall be taken to foreclose the same, the maker(s) will pay an attorney's fee as therein provided, and that the same shall be further charge and lien on said premises.
10. That after allowing all just credits there is due to Plaintiff on said note and mortgage the sum of:
<table>
<tr>
<th>Reason:</th>
<th>Amount:</th>
</tr>
<tr>
<td>Unpaid Principal Balance</td>
<td>$13,981.12</td>
</tr>
<tr>
<td>Deferred Principal Balance</td>
<td>$5,503.72</td>
</tr>
<tr>
<td>Date of Default</td>
<td>May 4, 2025</td>
</tr>
</table>
<table>
<tr>
<th>Interest Due From</th>
<td>April 30, 2025</td>
</tr>
<tr>
<th>Interest Rate(s)</th>
<td>3.98900 %</td>
</tr>
</table>
*or as adjusted by the Note and Mortgage
including all advancements of Plaintiff, if any, for taxes, insurance premiums, or expenses necessary for the preservation of the subject property, all costs of this action; reasonable attorney’s fees and costs as the Court may allow, for which amounts said mortgage is a first, prior and superior lien upon the real estate and premises above described.
11. That the mortgage specifically provides that appraisement of the property is expressly waived or not waived at the option of the mortgagee.
12. That the Defendants, Donald Burch and Donald B. Glaze, are the present record owners of the subject property.
13. That the Defendants, Donald Burch and Donald B. Glaze, are personally obligated on the Note herein sued upon unless the liability has been discharged or released.
14. That the Defendants, Spouse of Donald Burch and Spouse of Donald B Glaze, may claim a homestead interest in the subject property.
15. That the Defendant, Occupant(s) of the Premises, may claim some right, title lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein as occupant.
16. That the Defendant, Beneficial Oklahoma Inc., may claim an interest in the subject property, by virtue of a Mortgage, recorded in Book 7972 at Page 1052.
17. That the Defendant, Oklahoma Motor Credit Company, may claim an interest in the subject property, by virtue of a Judgment, in CS-2014-8401, recorded in Book 12770 at Page 1461.
18. That the Defendant, Advantage Experts Services, may claim an interest in the subject property, by virtue of a UCC Lien, recorded in Book 15375 at Page 317; that the goods covered therein are fixtures to the subject property, and the lien will cease to be a lien on the goods and real property at the conclusion of this case.
19. That the Defendant, Oklahoma Motor Credit Company, may claim an interest in the subject property, by virtue of a Judgment, in CS-2014-8401, recorded in Book 14578 at Page 905.
Plaintiff prays the said Defendants be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the property or be forever barred from claiming any right in and to the property.
Plaintiff states, however, that any right, title, or interest claimed by each Defendant is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and Plaintiff prays the said
Defendants be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the property to be forever barred from claiming any right in and to the property.
WHEREFORE, Plaintiff prays for judgment in personam against the Defendants, Donald Burch and Donald B. Glaze, in the sum listed above in paragraph 10 and for a further judgment in rem against all said Defendants adjudging:
That all of said Defendants to require to appear and set forth any right, title, claim or interest which they have, or may have, in and to the property; and,
That the mortgage be foreclosed and that the same be declared a valid first, prior and superior lien upon the property, for and in the amounts above set forth and ordering said real estate and premises sold, for cash, with or without appraisement, as the Plaintiff shall elect, and as provided in said mortgage and by law, subject to unpaid taxes, advancements by Plaintiff for taxes, insurance premiums, or expenses necessary for the preservation of the subject property, if any, to satisfy said judgment, and that the proceeds arising therefrom be applied to the payment of the costs herein, and the payments and satisfaction of the judgment, mortgage and lien of this Plaintiff, and that the surplus, if any, be paid into Court to abide the further order of the Court; and,
That all right, title and interest of said Defendants, and each of them, if any, in and to the property be adjudged subject, junior and inferior to the mortgage lien and judgment of this Plaintiff, and that upon confirmation of such sale, the Defendants herein, and each of them, and all persons claiming by, through or under them since the commencement of this action, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to the property, or any part thereof; and,
That this Plaintiff have such other and further relief as may be just and equitable.
______________________________
Don Timberlake - # 9021
Kim S. Jenkins - # 32809
Gina D. Knight - # 12996
Chynna Scruggs - # 32663
BAER & TIMBERLAKE, P.C.
5901 N. Western, Suite 300
Oklahoma City, OK 73118
Telephone: (405) 842-7722
Email:
[email protected]
COUNTY: OKLAHOMA
STATE: OKLAHOMA
ss,
The above, being first duly sworn, upon oath deposes and says: That he/she is one of the attorneys for the Plaintiff in the above titled action; that he/she prepared the above and foregoing
pleading, knows the contents thereof, and that to the best of his/her knowledge and belief, the matters set forth are true and correct.
I state under penalty of perjury on this 18th day of February, 2026, under the laws of Oklahoma that the foregoing is true and correct.
Don Timberlake - # 9021
Kim S. Jenkins - # 32809
Gina D. Knight - # 12996
Chynna Scruggs - # 32663
BAER & TIMBERLAKE, P.C.
5901 N. Western, Suite 300
Oklahoma City, OK 73118
Telephone: (405) 842-7722
Email:
[email protected]
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
U.S. Bank National Association, not in its individual capacity but solely as trustee of NRZ Pass-Through Trust XI, Plaintiff
vs.
Donald Burch, et al., Defendant(s).
Oklahoma County, Oklahoma
LOST NOTE AFFIDAVIT
I, the undersigned, do hereby certify that I am an employee of Fay Servicing, LLC, as Servicer and Attorney-in-Fact for U.S. Bank National Association, not in its individual capacity but solely as trustee of NRZ Pass-Through Trust XI (hereinafter “Fay”); and that I am authorized to sign this affidavit on behalf Fay.
I further certify that Donald Burch and Donald B. Glaze executed a Note dated July 27, 1999, payable to the order of Beneficial Oklahoma Inc., in the amount of $52,212.58, with 3.989% interest per annum thereon. Said note provides for monthly payments of principal and interest in the amount of $278.55, with a maturity date of July 31, 2029.
I further certify that U.S. Bank National Association, not in its individual capacity but solely as trustee of NRZ Pass-Through Trust XI has acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred; that the loss of possession was not the result of a transfer by the person or a lawful seizure; and that Fay and U.S. Bank National Association, not in its individual capacity but solely as trustee of NRZ PassThrough Trust XI Trust cannot reasonably obtain possession of the instrument because the instrument was lost or destroyed, and its whereabouts cannot be determined.
Obligor is adequately protected against loss that might occur by reason of a claim of another person to enforce the Note. When judgment is entered in foreclosure, Fay would consent to a finding and decree that Fay be required to indemnify Obligor against future demands and damages that are caused by a claim of another person to enforce the Note.
______________________________
Fay Servicing, LLC, as Servicer and Attorney-in-Fact for U.S. Bank National Association, not in its individual capacity but solely as trustee of NRZ Pass-Through Trust XI
______________________________
Keith Clary
Assistant Secretary
State of TEXAS )
) S.S.
County of DALLAS )
Acknowledged, subscribed and sworn to as true before me on the 16TH day of December__,2025, by Keith Clary, in his/her capacity as Assistant Secretary of Fay Servicing, LLC, as Servicer and Attorney-in-Fact for U.S. Bank National Association, not in its individual capacity but solely as trustee of NRZ Pass-Through Trust XI. Witness my hand and official seal.
______________________________
Notary Public DK GANISON
Exhibit A
MORTGAGE
[ ] IF CHECKED, THIS IS AN OPEN-END MORTGAGE WHICH SECURES FUTURE ADVANCES.
THIS MORTGAGE is made this 27TH day of JULY 1999, between the Mortgagor, DONALD BURCH, A SINGLE PERSON AND DONALD B. GLAZE, A SINGLE PERSON (herein "Borrower"), and Mortgagee, BENEFICIAL OKLAHOMA INC., a corporation organized and existing under the laws of DELAWARE whose address is 7101 NW EXPWY, SUITE 425, OKLAHOMA CITY, OK 73132 (herein "Lender").
The following paragraph preceded by a checked box is applicable:
[X] WHEREAS, Borrower is indebted to Lender in the principal sum of $52,212.58 evidenced by Borrower's Loan Agreement dated JULY 27, 1999 and any extensions or renewals thereof (including those pursuant to any Renegotiable Rate Agreement) (herein "Note"), providing for monthly installments of principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on JULY 27, 2029;
[ ] WHEREAS, Borrower is indebted to Lender in the principal sum of $__________, or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement* dated ____ and extensions and renewals thereof (herein "Note"), providing for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $__________________________;
TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of OKLAHOMA State of Oklahoma:
ALL THAT CERTAIN TRACT-OR-PARCEL OF LAND SITUATE IN OKLAHOMA COUNTY, OKLAHOMA, KNOWN AND DESCRIBED AS BEING A PART OF THE EAST 1/2 OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 12 NORTH, RANGE 4 WEST OF THE INDIAN MERIDIAN, OKLAHOMA COUNTY, OKLAHOMA.
[ ] TREASURER'S ENDORSEMENT 115
I hereby certify that I received $_52,212.58 and issued entry #115.
Property rent by ___________________________ of ___________
Church of Mortgage Tax on the within Mortgage dated the ___ day of Aug, 1999.
[by] Robert Britton Freeman, County Treasurer, by ____________________________ Deputy
EXHIBIT B
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or for the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to 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 covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note, including any variations resulting from changes in the contract rate, and late charges as provided in the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender.
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rent, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require.
Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable at the applicable contract rate, and then to the principal of the Note.
4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage.
EXHIBIT B
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments: Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents.
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or, if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the applicable contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder.
8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower and all other parties who are or who hereafter become secondarily liable shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereto. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage so that Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
13. Governing Law; Severability. The state and local laws of the jurisdiction in which the Property is located shall apply except where such laws conflict with Federal law; in which case, Federal law applies. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage, if requested, at the time of execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property.
16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing.
If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, or as otherwise required by law, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate, after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, and costs of documentary evidence, abstracts and title reports.
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.
19. Appointment of Receiver. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received.
20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage. Borrower shall pay all costs of recordation, if any.
21. Waiver of Appraisement. Appraisal of the Property hereby waived or not waived at Lender's option, which shall be exercised at the time judgment is entered in any foreclosure hereof or at any time prior thereto.
BOOK 7657 PAGt 0318
5-
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action.
IN WITNESS WHEREOF, Borrower has executed this Mortgage.
[signed] (SEAL)
Donald Bunch -Borrower
[signed] (SEAL)
Donald B. Glaze -Borrower
STATE OF OKLAHOMA, Oklahoma County ss:
The foregoing instrument was acknowledged before me this ___7/27/99__
by Donald Bunch, a single person & Donald B. Glaze, a single person
(person acknowledging)
My Commission expires:
My Commission Expires May 20, 2003
[signed]
Maryla Mitchell
Notary Public
(Space Below This Line Reserved For Lender and Recorder)
Return to:
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EXHIBIT B
EXHIBIT B