The City National Bank and Trust Company of Lawton, Oklahoma v. The Estate, Heirs, Devisees, Legatees, Trustees, Personal Representatives, Successors and Assigns, Immediate and Remote, of Jimmie D. Wiley, Jr., deceased

IN THE DISTRICT COURT IN AND FOR COMANCHE COUNTY STATE OF OKLAHOMA THE CITY NATIONAL BANK AND TRUST ) COMPANY OF LAWTON, OKLAHOMA, ) ) Plaintiff, ) vs. ) ) THE ESTATE, HEIRS, DEVISEES, ) LEGATEES, TRUSTEES, PERSONAL ) REPRESENTATIVES, SUCCESSORS AND ) ASSIGNS, IMMEDIATE AND REMOTE, OF ) JIMMIE D. WILEY, JR., DECEASED, ) ) Defendants. ) PETITION AND AFFIDAVIT TO OBTAIN SERVICE BY PUBLICATION COMES NOW Plaintiff, The City National Bank and Trust Company of Lawton, Oklahoma, one and the same entity and also known as The City National Bank & Trust Co., by and through its attorney, John C. Mackey, Jr., of Mackey Law Firm, P.L.L.C., and, for its Petition against the Estate, Heirs, Devisees, Legatees, Trustees, Personal Representatives, Successors and Assigns, Immediate and Remote, of Jimmie D. Wiley, Jr., deceased, states as follows: 1. That the District Court of Comanche County, Oklahoma, has jurisdiction to hear this matter as Plaintiff is an Oklahoma banking corporation in good standing headquartered in Comanche County, Oklahoma; that during his lifetime, Jimmie D. Wiley, Jr., deceased, was an individual bona fide resident of Comanche County, Oklahoma; and the real property which is the subject of this action is located in Comanche County, Oklahoma. 2. That on or about September 30, 2014, Jimmie D. Wiley, Jr., a single person, executed and delivered to Plaintiff a Promissory Note whereby said defendant promised to pay to Plaintiff the sum of FORTY-SEVEN THOUSAND NINE HUNDRED AND 00/100 DOLLARS ($47,900.00), with interest thereon at the rate of 3.93% per year until paid, payable in consecutive monthly installments of $226.82 as further described in the note, with a maturity date of September 30, 2044, attached hereto and marked as Exhibit "A", and made a part hereof. 3. That payment of the debt is secured by a real estate mortgage executed and delivered by Jimmie D. Wiley, Jr., a single person, the record owner of the real property described below. Said mortgage was dated September 30, 2014, and recorded on October 6, 2014, at 3:33 p.m., in Book 7273, Page 241, of the records of Comanche County, Oklahoma, and which mortgage covers the following described real property located in Comanche County, Oklahoma, to-wit: Lot Twenty-five (25), Block Ten (10), PART SIX OF SULLIVAN’S VILLAGE ADDITION, to the City of Lawton, Comanche County, Oklahoma, according to the recorded plat thereof, with a physical address of 814 SE 40th Street, Lawton OK 73501. The mortgage and the record thereof are incorporated herein by reference as provided by law. Mortgage tax on said mortgage was paid, as required by law, as shown on the face of the mortgage. 4. That on or about March 21, 2023, Jimmie D. Wiley, Jr., a single person, executed and delivered to Plaintiff a Home Equity Line of Credit Agreement whereby said defendant promised to pay to Plaintiff all sums borrowed pursuant to the terms of said line of credit, with interest thereon at the rate of 10.00% per year until paid, payable as described in the agreement, with a maturity date of March 21, 2043, attached hereto and marked as Exhibit "B", and made a part hereof. 5. That payment of the debt is secured by a real estate mortgage executed and delivered by Jimmie D. Wiley, Jr., a single person, the record owner of the real property described below. Said mortgage was dated March 21, 2023, and recorded on March 28, 2023, at 11:05 a.m., in Book 9294, Page 46, of the records of Comanche County, Oklahoma, and which mortgage covers the following described real property located in Comanche County, Oklahoma, to-wit: Lot Twenty-five (25), Block Ten (10), PART SIX OF SULLIVAN’S VILLAGE ADDITION, to the City of Lawton, Comanche County, Oklahoma, according to the recorded plat thereof, with a physical address of 814 SE 40th Street, Lawton OK 73501. The mortgage and the record thereof are incorporated herein by reference as provided by law. Mortgage tax on said mortgage was paid, as required by law, as shown on the face of the mortgage. 6. That the note, agreement and mortgages provide that if default be made in the payment of any of the installments, or on failure or neglect to keep or perform any of the other conditions and covenants of the mortgages, that the entire principal sum and accrued interest, together with all other sums secured by said mortgages, shall at once become due and payable, at the option of the holder thereof, and the holder shall be entitled to foreclose said mortgages 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 all legal and necessary expense and all costs. 7. That the note, agreement and mortgages described above are in default under the terms thereof, and Plaintiff has declared the entire indebtedness due. Notice of default has been properly given. Jimmie D. Wiley, Jr., is deceased, having died on November 30, 2025. No probate of the estate of Jimmie D. Wiley, Jr., is pending in any jurisdiction. The property is abandoned, significantly impaired, and at risk. The immediate family members of Jimmie D. Wiley, Jr., deceased, have informed Plaintiff, through their counsel, that they do not have any interest in the property, they will not be filing a probate of the decedent’s estate, and they have no objections to this action. 8. That the note, agreement and mortgages provide that in case of a foreclosure of said mortgages and as often as any proceeding shall be taken to foreclose the same, the maker will pay to the mortgagee a reasonable attorney’s fee, and that the same shall be a further charge and lien on said premises. 9. That at this time, after allowing all just credits, there is due to Plaintiff on said note and first mortgage the sum of THIRTY-EIGHT THOUSAND ONE HUNDRED EIGHT-ONE AND 98/100 DOLLARS ($38,181.98), which reflects the principal sum, unpaid charges, unpaid interest thereon through March 3, 2026; plus ad valorem taxes due and owing; interest thereon thereafter at the rate of 8.57% per annum until date of judgment (0.023% per diem); that after allowing all just credits, there is due to Plaintiff on said agreement and second mortgage the sum of TWENTY THOUSAND NINE HUNDRED THIRTY-NINE AND 87/100 DOLLARS ($20,939.87), which reflects the principal sum, unpaid charges, unpaid interest thereon through March 3, 2026; plus ad valorem taxes due and owing; interest thereon thereafter at the rate of 10.00% per annum until date of judgment (0.027% per diem); and that in addition to the above-listed sums, there is due to Plaintiff a reasonable attorney’s fee equal to 15% of the amount due or the actual amount of attorney's fees, whichever is greater; and such sums as may be advanced or incurred by Plaintiff during the pendency of this action for taxes, assessments, hazard insurance premiums, expenses reasonably necessary for the preservation of the subject property or of the priority of Plaintiff’s mortgage liens including costs and attorney’s fees of execution and sale on any judgment hereafter entered in this cause, including poundage upon sale, for which amounts said mortgages are first, prior and superior liens upon the real estate and premises above described. 10. That said mortgages specifically provides that appraisement of said property is expressly waived or not waived at the option of the mortgagee. Plaintiff hereby elects to have the premises sold with appraisement. 11. That defendants the Estate, Heirs, Devisees, Legatees, Trustees, Personal Representatives, Successors and Assigns, Immediate and Remote, of Jimmie D. Wiley, Jr., deceased, may be claiming some right, title, lien, estate, encumbrance, claim, assessment or interest in or to the real estate and premises involved herein adverse to Plaintiff, but that any right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity which said defendants, or any of them, may have or claim to have, is subsequent, junior and inferior to the first mortgage liens of Plaintiff. 12. That Plaintiff prays to the Court that said defendants be summoned in this case and required to set up in this suit any right, title or interest claimed in and to the lands involved in this action or be barred from claiming any right in and to said real estate. 13. That Plaintiff is unable with due diligence to make service of summons upon defendants the Estate, Heirs, Devisees, Legatees, Trustees, Personal Representatives, Successors and Assigns, Immediate and Remote, of Jimmie D. Wiley, Jr., deceased, within or without the State of Oklahoma. Plaintiff has made inquiry at every possible source for information as to the identities, whereabouts and residences of said defendants without success, and states that it is unable to determine and with due diligence cannot ascertain this information. Plaintiff, accordingly, wishes to obtain service upon said Defendants by publication. WHEREFORE, Plaintiff demands judgment against the Estate of Jimmie D. Wiley, Jr., deceased, for the sum of the sum of THIRTY-EIGHT THOUSAND ONE HUNDRED EIGHT-ONE AND 98/100 DOLLARS ($38,181.98), which reflects the principal sum, unpaid charges, unpaid interest thereon through March 3, 2026; plus ad valorem taxes due and owing; interest thereon thereafter at the rate of 8.57% per annum until date of judgment (0.023% per diem); the sum of TWENTY THOUSAND NINE HUNDRED THIRTY-NINE AND 87/100 DOLLARS ($20,939.87), which reflects the principal sum, unpaid charges, unpaid interest thereon through March 3, 2026; plus ad valorem taxes due and owing; interest thereon thereafter at the rate of 10.00% per annum until date of judgment (0.027% per diem); a reasonable attorney’s fee equal to 15% of the amount due or the actual amount of attorney’s fees, whichever is greater; and such sums as may be advanced or incurred by Plaintiff during the pendency of this action for taxes, assessments, hazard insurance premiums, expenses reasonably necessary for the preservation of the subject property or of the priority of Plaintiff’s mortgage liens including costs and attorneys fees of execution and sale on any judgment hereafter entered in this cause, including poundage upon sale, for which amounts said mortgages are a first, prior and superior lien upon the real estate and premises above described. Plaintiff further demands judgment against all of defendants adjudging: That all defendants herein be required to appear and set forth any right, title, claim or interest which they have, or may have, in and to said real estate and premises; and That said mortgage on the above-described real estate be foreclosed and that the same be declared a valid first lien upon the real estate hereinabove described and ordering the said real estate and premises sold with appraisement, as provided by law, subject to unpaid real estate ad valorem taxes, if any, to satisfy said judgment, and the proceeds arising therefrom to be applied to the payment of the costs herein, including attorney's fees, and the payment and satisfaction of the claim and judgment of Plaintiff; and that the surplus, if any, be paid into Court to abide the further order of the Court; that should the proceeds of sale be insufficient to pay Plaintiff’s judgment, and upon application and hearing, a deficiency judgment be awarded to Plaintiff against such defendants as may be personally liable therefor, all as provided by law; and for a writ of assistance to enable the purchaser of the subject property to take possession thereof; and That the right, title and interest of all said defendants, and each of them, if any, in and to said real estate be determined and settled and be adjudged subject, junior and inferior to the mortgage lien of Plaintiff; and that upon a confirmation of such sale, 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 said premises, or any part thereof; and for such other and further relief as may be just and equitable. MACKEY LAW FIRM, P.L.L.C. By: John C. Mackey, Jr., OBA #19866 Attorney for Plaintiff Post Office Box 720384 Norman, Oklahoma 73070 580.695.2811 [email protected] STATE OF OKLAHOMA ) COUNTY OF CLEVELAND ) SS: John C. Mackey, Jr., being of lawful age and being by me first duly sworn upon his oath, deposes and states: that he is the attorney for Plaintiff in the above-entitled matter; that he has read the above and foregoing Petition and is familiar with the contents thereof; and that all matters and things therein set forth are true and correct to the best of his knowledge and belief. John C. Mackey Jr. SUBSCRIBED AND SWORN to before me this March 3, 2026. Lisa Mackey - Notary Public Commission No.: 13007008 Expires: August 1, 2029 JIMMIE D WILEY JR 613 N E ST DUNCAN OK 73533-6014 THE CITY NATIONAL BANK & TRUST CO 500 MONTGOMERY SQUARE LAWTON, OK 73501 BORROWER'S NAME AND ADDRESS "I" includes each borrower above, jointly and severally. LENDER'S NAME AND ADDRESS "You" means the lender, its successors and assigns. Loan Number 702259925 Date 09/30/14 Maturity Date 09/30/44 Loan Amount $ 47,900.00 Renewal Of ____________________________ For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of Forty seven thousand nine hundred & no/100 Dollars $ 47,900.00 [X] Single Advance: I will receive all of this principal sum on 09/30/14. No additional advances are contemplated under this note. [ ] Multiple Advance: The principal amount shown above is the maximum amount of principal I can borrow under this note. On ________________ I will receive the amount of $_________________________ and future principal advances are contemplated. Conditions: The conditions for future advances are __________________________________________________________ [ ] Open End Credit: You and I agree that I may borrow up to the maximum amount of principal more than one time. This feature is subject to all other conditions and expires on ____________________________ [X] Closed End Credit: You and I agree that I may borrow up to the maximum only one time (and subject to all other conditions). INTEREST: I agree to pay interest on the outstanding principal balance from SEPTEMBER 30, 2014 at the rate of 3.93 % per year until the first scheduled rate change - 09/30/19 . [X] Variable Rate: This rate may then change as stated below. [X] Index Rate: The future rate will be 1.00 % Above the following index rate: AVERAGE PRIME OFFER RATE AS QUOTED ON FFIEC.GOV AS OF FIRST BUSINESS DAY OF THE PREVIOUS WEEK. [X] No Index: The future rate will not be subject to any internal or external index. It will be entirely in your control. [X] Frequency and Timing: The rate on this note may change as often as Every 60 Months A change in the interest rate will take effect On Your Scheduled Rate Change Date If The Index Changes . [X] Limitations: During the term of this loan, the applicable annual interest rate will not be more than 12.00 % or less than N/A %. The rate may not change more than N/A % each N/A%. Effect of Variable Rate: A change in the interest rate will have the following effect on the payments: [X] The amount of each scheduled payment will change. [ ] The amount of the final payment will change. ACCRUAL METHOD: Interest will be calculated on a Actual/365 basis. POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in full, as stated below: [X] on the same fixed or variable rate basis in effect before maturity (as indicated above). [ ] at a rate equal to ________________ [X] LATE CHARGE: If a payment is made more than 10 days after it is due, I agree to pay a late charge of $24.00 or 5.00% of the unpaid payment, whichever is greater [ ] ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which [ ] are [ ] are not included in the principal amount above: ________________________________ PAYMENTS: I agree to pay this note as follows: [ ] Interest: I agree to pay accrued interest ____________________________ [ ] Principal: I agree to pay the principal ____________________________ [X] Installments: I agree to pay this note in 360 payments. The first payment will be in the amount of $ 226.82 and will be due OCTOBER 30, 2014 . A payment of $226.82 will be due on the 30th day of each month thereafter. The final payment of the entire unpaid balance of principal and interest will be due SEPTEMBER 30, 2044 ADDITIONAL TERMS: SECURITY: This note is separately secured by (describe separate document by type and date): 1ST MORTGAGE LOCATED AT, 814 SOUTHEAST 40TH STREET, LAWTON, OK 73501 DATED ON 09/30/2014. (This section is for your internal use. Failure to list a separate security document does not mean the agreement will not secure this note.) PURPOSE: The purpose of this loan is PURCHASE PRIMARY RESIDENCE SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE (INCLUDING THOSE ON PAGE 2). I have received a copy on today's date. Signature for Lender JULIE PERKINS ASSISTANT VICE PRESIDENT JIMMIE D WILEY JR DEFINITIONS: As used on page 1, "I" means the terms that apply to this loan. "I", "me" or "my" means each Borrower who signs this note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. APPLICABLE LAW: The law of the state in which you are located will govern this note. Any term of this note which is contrary to applicable law will not be effective, unless the law permits you and me to agree to such a variation. If any provision of this agreement cannot be enforced according to its terms, this fact will not affect the enforceability of the remainder of this agreement. No modification of this agreement may be made without your express written consent. Time is of the essence in this agreement. COMMISSIONS OR OTHER REMUNERATION: I understand and agree that any insurance premiums paid to insurance companies as part of this note will involve money retained by you or paid back to you as commissions or other remuneration. In addition, I understand and agree that some other payments to third parties as part of this note may also involve money retained by you or paid back to you as commissions or other remuneration. PAYMENTS: Each payment I make on this note will first reduce the amount I owe for charges which are neither interest nor principal. The remainder of each payment will then reduce accrued unpaid interest, and then unpaid principal. If you and I agree to a different application of payments, we will describe our agreement on this note. I may prepay a part of, or the entire balance of this loan without penalty, unless we specify to the contrary on this note. Any partial prepayment will not excuse or reduce any later scheduled payment until this note is paid in full (unless, when I make the prepayment, you and I agree in writing to the contrary). INTEREST: Interest accrues on the principal remaining unpaid from time to time, until paid in full. If I receive the principal in more than one advance, each advance will start to earn interest only when I receive the advance. The interest rate effect on this note at any given time will apply to the entire principal advanced at that time. Notwithstanding anything to the contrary, I do not agree to pay and you do not intend to charge any rate of interest that is higher than the maximum rate of interest you could charge under applicable law for the extension of credit that is agreed to here (either before or after maturity). If any notice of interest accrual is sent and is in error, we mutually agree to correct it, and if you actually collect more interest than allowed by law and this agreement, you agree to refund it to me. INDEX RATE: The index will serve only as a device for setting the rate on this note. You do not guarantee by selecting this index, or the margin, that the rate on this note will be the same rate you charge on any other loans or class of loans to me or other borrowers. ACCURAL METHOD: The amount of interest that I will pay on this loan will be calculated using the interest rate and accrual method stated on page 1 of this note. For the purpose of interest calculation, the accrual method will determine the number of days in a "year." If no accrual method is stated, then you may use any reasonable accrual method for calculating interest. POST MATURITY RATE: For purposes of deciding when the "Post Maturity Rate" (shown on page 1) applies, the term "maturity" means the date of the last scheduled payment indicated on page 1 of this note or the date you accelerate payment on the note, whichever is earlier. SINGLE ADVANCE LOANS: If this is a single advance loan, you and I expect that you will make only one advance of principal. However, you may add other amounts to the principal if you make any payments described in the "PAYMENTS BY LENDER" paragraph below. MULTIPLE ADVANCE LOANS: If this is a multiple advance loan, you and I expect that you will make more than one advance of principal. If this is closed end credit, repaying a part of the principal will not entitle me to additional credit. PAYMENTS BY LENDER: If you are authorized to pay, on my behalf, charges I am obligated to pay (such as property insurance premiums), then you may treat those payments made by you as advances and add them to the unpaid principal under this note, or you may demand immediate payment of the charges. SET-OFF: I agree that you may set off any amount due and payable under this note against any right I have to receive money from you. "Right to receive money from you" means: (1) any deposit account balance I have with you; (2) any money owed to me on an item presented to you or in your possession for collection or exchange; and (3) any repurchase agreement or other nondeposit obligation. "Any amount due and payable under this note" means the total amount of which you are entitled to demand payment under the terms of this note at the time you set off. This total includes any balance the due date for which you properly accelerate under this note. 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 are only as a representative. 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 this debt 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. REAL ESTATE OR RESIDENCE SECURITY: If this note is secured by real estate or a residence that is personal property, the existence of a default and your remedies for such a default will be determined by applicable law, by the terms of any separate instrument creating the security interest and, to the extent not prohibited by law and not contrary to the terms of the separate security instrument, by the "Default" and "Remedies" paragraphs herein. DEFAULT: I will be in default if any one or more of the following occur: (1) I fail to make a payment on time or in the amount due; (2) I fail to keep the property insured, if required; (3) I fail to pay, or keep any promise, on any debt or agreement I have with you; (4) any other creditor of mine attempts to collect any debt I owe him through court proceedings; (5) I die, am declared incompetent, make an assignment for the benefit of creditors, or become insolvent (either because my liabilities exceed my assets); I am unable to pay my debts as they become due; (6) I make any written statement or provide any written information that is untrue or inaccurate at the time it was provided; (7) I do or fail to do something which causes you to believe that you will have difficulty collecting the amount I owe you; (8) any collateral securing this note is used in a manner or for a purpose which threatens confiscation by a legal authority; (9) I change my name or assume an additional name without first notifying you before making such a change; (10) I fail to plant, cultivate and harvest crops in due season if I am a producer of crops; (11) any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. REMEDIES: If I am in default on this note you have, but are not limited to, the following remedies: (1) You may demand immediate payment of all I owe you under this note (principal, accrued unpaid interest and other accrued charges). (2) You may set off this debt against any right I have to the payment of money from you, subject to the terms of the "Set-Off" paragraph herein. (3) You may demand security, additional security, or additional parties to be obligated to pay this note as a condition for not using any other remedy. (4) You may refuse to make advances to me or allow purchases on credit by me. (5) You may use any remedy you have under state or federal law. By selecting any one or more of these remedies, you do not give up your right to later use any other remedy. By waiving your right to declare an event to be a default, you do not waive your right to later consider the event as a default if it continues or happens again. COLLECTION COSTS AND ATTORNEY'S FEES: I agree to pay all costs of collection, reinvestment or any other or similar type of cost if I am in default. In addition, if you hire an attorney to collect this note, I also agree to pay any fee you incur with such attorney plus court costs (except where prohibited by law). To the extent permitted by the United States Bankruptcy Code, I also agree to pay the reasonable attorney's fees and costs you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. WAIVER: I give up my rights to require you to do certain things. I will not require you to: (1) demand payment of amounts due (presentment); (2) obtain official certification of nonpayment (protest); or (3) give notice that amounts due have not been paid (notice of dishonor). I waive any defenses I have based on suretyship or impairment of collateral. OBLIGATIONS INDEPENDENT: I understand that I must pay this note even if someone else has also agreed to pay it (by, for example, signing this form or a separate guarantee or endorsement). You may sue me alone, or anyone else who is obligated on this note, or any number of us together, to recover all I owe on this note, or all you may claim is not been paid (notice of dishonor). You may without notice release any party to this agreement without releasing any other party. If you give up any of your rights, with or without notice, it will not affect my duty to pay this note. Any extension of new credit to any of us, or renewal of this note by all or less than all of us will not release me from my duty to pay it. (Of course, you are entitled to only one payment in full.) I agree that you may at your option extend this note or the debt represented by this note, or any portion of the note or debt, from time to time without limit or notice and for any term without affecting my liability for payment of the note. I will not assign my obligation under this agreement without your prior written approval. FINANCIAL INFORMATION: I agree to provide you, upon request, any financial statement or information you may deem necessary. I warrant that the financial statements and information I provide to you are or will be accurate, correct and complete. NOTICE: Unless otherwise required by law, any notice to me shall be given by delivering it or by mailing it by first class mail addressed to me at my last known address. My current address is on page 1. I agree to inform you in writing of any change in my address. I will give any notice to you by mailing it first class to your address stated on page 1 of this agreement, or to any other address that you have designated. <table> <tr> <th>DATE OF TRANSACTION</th> <th>PRINCIPAL ADVANCE</th> <th>BORROWER'S INITIALS (not required)</th> <th>PRINCIPAL PAYMENTS</th> <th>PRINCIPAL BALANCE</th> <th>INTEREST RATE</th> <th>INTEREST PAYMENTS</th> <th>INTEREST PAID THROUGH:</th> </tr> <tr> <td>$</td> <td>$</td> <td></td> <td>$</td> <td>% $</td> <td>%</td> <td>$</td> <td></td> </tr> <tr> <td>$</td> <td>$</td> <td></td> <td>$</td> <td>% $</td> <td>%</td> <td>$</td> <td></td> </tr> <tr> <td>$</td> <td>$</td> <td></td> <td>$</td> <td>% $</td> <td>%</td> <td>$</td> <td></td> </tr> <tr> <td>$</td> <td>$</td> <td></td> <td>$</td> <td>% $</td> <td>%</td> <td>$</td> <td></td> </tr> <tr> <td>$</td> <td>$</td> <td></td> <td>$</td> <td>% $</td> <td>%</td> <td>$</td> <td></td> </tr> <tr> <td>$</td> <td>$</td> <td></td> <td>$</td> <td>% $</td> <td>%</td> <td>$</td> <td></td> </tr> <tr> <td>$</td> <td>$</td> <td></td> <td>$</td> <td>% $</td> <td>%</td> <td>$</td> <td></td> </tr> </table> Complete the following for consumer transactions secured by a dwelling. Loan origination organization THE CITY NATIONAL BANK & TRUST CO NMLS ID 460873 Loan originator JULIE PERKINS NMLS ID 526030 HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE STATEMENT Property Serving as Security (the "Property"): 814 Southeast 40th Street Lawton, Oklahoma 73501 Borrower's Name and Address: Jimmie D Wiley JR 814 Southeast 40th Street, Lawton, Oklahoma 73501 Lender's Name and Address: THE CITY NATIONAL BANK AND TRUST COMPANY OF LAWTON, OKLAHOMA, A NATIONAL BANKING ASSOCIATION 500 MONTGOMERY SQUARE LAWTON, OKLAHOMA 73501 Date: March 21, 2023 Credit Limit: $ 21,000.00 Initial Advance: $ N/A Minimum Advance: $ N/A Minimum Balance: $ N/A Loan Number: 800003164 Loan Priority: 2ND Draw Period: 120 Mos. Repayment Period: 120 Mos. Maturity Date: 03/21/2043 Billing Cycle: MONTHLY ANNUAL PERCENTAGE RATE: 10.0000% Margin: 2.5000% Max. ANNUAL PERCENTAGE RATE: 12.0000% Min. ANNUAL PERCENTAGE RATE: 5.5000% Fees and Finance Charges: See Page 6 1. Home Equity Line of Credit Agreement. This Home Equity Line of Credit Agreement ("Agreement") governs your Home Equity Line of Credit Account ("Account") with the lender named above ("Lender"). Your Account is a credit arrangement in which we make loans to you by advancing funds ("Advances") at your direction, allowing you to repay those Advances and take additional Advances, subject to the terms of this Agreement. This Agreement will remain in full force and effect notwithstanding that the Account Balance under the Agreement may occasionally be reduced to an amount equal to or less than zero. In this Agreement, the terms "we," "us," and "our" refer to the Lender or to any subsequent assignee or transferee. Except as noted below, the terms "you," "your," and "yours" refer to each person that signs this Agreement or has authority to use the Account. Read this Agreement carefully so that you know how your Account works and keep a copy of this Agreement for your records. 2. Terms And Definitions. The following terms are defined as set forth in this Section. Other terms are defined elsewhere in this Agreement. A. "Account Balance" is the total unpaid principal of Advances made under the Account, plus unpaid FINANCE CHARGES, outstanding fees, charges, costs, and credit insurance premiums. B. "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. C. "Billing Cycle" is an interval of time that occurs regularly during the term of this Agreement and is used to determine the FINANCE CHARGES and other fees, charges, and credit insurance premiums that are due on your Account. The number of days in each Billing Cycle may vary from time to time. A Billing Cycle occurs regardless of whether there is a balance or any activity on your Account. Your Billing Cycle is stated on page 1 of this Agreement. However, the first Billing Cycle may be shorter. D. "Billing Statement" is a statement that we will furnish to you periodically that provides important information regarding your Account activity. E. "Credit Limit" is the maximum aggregate amount of Advances that we will extend to you under this Agreement. Your Credit Limit may change under certain circumstances. Your initial Credit Limit is stated on page 1. F. "Draw Period" is the period of time during which you may request Advances from your Account. The Draw Period is stated on page 1. G. "Initial Advance" is the minimum amount of the first Advance you must request and accept from your Account. The amount of your Initial Advance is stated on page 1. H. "Maturity Date" is the date on which the entire Account Balance under this Agreement is due. The Maturity Date of your Account is stated on page 1. I. "Minimum Advance" is the least amount of money you may request at any one time from your Account. Your Minimum Advance is stated on page 1. J. "Minimum Balance" is the minimum outstanding principal balance that you must maintain under your Account during the Draw Period once the Initial Advance is taken. Your Minimum Balance is stated on page 1. K. "Minimum Payment" is the minimum amount you must pay on your Credit Account, as reflected on each periodic Billing Statement for each Billing Cycle. L. "Repayment Period" is the period of time that begins at the end of the Draw Period. During any Repayment Period, you may no longer request Advances from your Account. The Repayment Period, if any, is stated on page 1. 3. Borrower's Promise to Pay. During the Draw Period and any Repayment Period, you will be required to make Minimum Payments in accordance with the terms of this Agreement and Security Instrument. We will send you Billing Statements describing your Account activity and your minimum payment due (the "Minimum Payment"). You will receive a Billing Statement approximately every 30 days. Payments will be due as shown on the Billing Statements. You may repay all or any part of your Account Balance, at any time, without penalty, subject to the limitations of this Agreement. If you fail to make your Minimum Payment, we may enforce our rights and remedies under Section 14 and elsewhere in this Agreement and Security Instrument. You must pay the entire outstanding Account Balance on or before the Maturity Date stated on page 1. 4. Security. All amounts due under the Account are secured by a mortgage, deed of trust, or security deed ("Security Instrument") on the Property. Borrower agrees to pay all amounts due, and perform all covenants and obligations required of Borrower under the Security Instrument. If it becomes necessary for us to advance funds to you above the Credit Limit to protect our security interest, those amounts in excess of the Credit Limit will be owed by you and will be secured by the Security Instrument unless Applicable Law prohibits the same. The Security Instrument and this Agreement are related documents and a default under either document will be treated as a default under both documents. To the extent permitted by Applicable Law, the lien of the Security Instrument will continue and will have the same priority if, with your consent, we renew, extend, amend, modify or substitute this Agreement. In such event, you agree to execute any additional documents necessary to achieve the action being taken. 5. Advances. During the Draw Period, you may request Advances from your Account, and any amounts you repay will subsequently be available for Advances, subject to the limitations of this Agreement. If there is more than one of you, each of you may obtain Advances in accordance with the terms of this Agreement. Each of you is individually responsible for payment of the entire Account Balance regardless of who actually requested the Advance. The amount of your first Advance must be at least equal to the Initial Advance, but not more than your Credit Limit. You may not receive the Initial Advance until after (a) the three-day rescission period prescribed by federal law has elapsed; (b) we are reasonably satisfied that no person has rescinded the Agreement; and (c) we are satisfied the Security Instrument constitutes an accurate and valid lien on the Property. However, if the Initial Advance is used to pay for a portion of the purchase price of the Property identified on page 1, the three-day rescission period will not apply to that Initial Advance, but any subsequent Advances will not be made until the three-day rescission period has elapsed. If you request an Advance, then elect to stop the payment, you agree to pay the Stop Payment fee stated on page 6. If you request an Advance that is less than the Minimum Advance, we may, at our option, pay the Advance. If we do pay such Advance, this does not constitute a reduction of the Minimum Advance provisions of this Agreement. Following the Draw Period, there may be a Repayment Period during which you must make Minimum Payments as stated below. You may not obtain Advances during any Repayment Period. However, during both the Draw Period and any Repayment Period we may, at our option, make Advances from your Account to pay fees, charges, costs, or credit insurance premiums due under this Agreement or the Security Instrument or make other Advances as allowed by the Security Instrument, and all of these Advances will be added to the Account Balance, bear interest from the date of disbursement, subject to Applicable Law, and be subject to all of the terms of this Agreement and the Security Instrument. 6. Credit Limit; Minimum Balance. Your initial Credit Limit is stated on page 1. You may not request an Advance from your Account that would cause your outstanding balance of Advances to exceed your Credit Limit. We are not obligated to pay any Advance request that would cause your outstanding balance of Advances to exceed your Credit Limit. If we do make an Advance that causes your outstanding balance of Advances to exceed your Credit Limit, this will not constitute an increase in your Credit Limit. You agree to pay the Overlimit Fee stated on page 6 for each Advance that causes the outstanding Account Balance to exceed your Credit Limit. 7. Minimum Payment Calculation. During the Draw Period, your Minimum Payment will equal the periodic finance charges, and other fees, charges and costs. During the Repayment Period, if any, your minimum payment will equal 1/120th of your unpaid Account Balance at the end of the Draw Period, plus all periodic finance charges and other fees, charges and costs. If there is no Repayment Period, you will be required to pay your entire outstanding balance at the end of the Draw Period. You may repay all or part of the new balance shown on your monthly statement at any time without penalty. Unless your Account is terminated and we require immediate payment of the entire outstanding balance as provided in Section 14, you must pay at least the Minimum Payment for each Billing Cycle by the payment due date shown on the periodic statement. The minimum payments may not be sufficient to fully repay the principal that is outstanding on your line. If they are not, you will be required to pay the entire outstanding balance in a single payment. 8. Application of Payments. We may apply all payments and credits in accordance with our standard operating procedures and with the requirements of Applicable Law. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Agreement shall not extend or postpone the due date or change the amount of the Periodic Payments. We may, at our discretion, withhold available credit on your Account up to the amount of payments you make to assure that the payment instrument is honored. 9. Annual Percentage Rate. A. Initial Rate. The initial ANNUAL PERCENTAGE RATE under this Agreement is 10.0000% (Daily Periodic Rate of 0.02740%). This initial rate is equal to the Index plus Margin, described in paragraph B of this Section. The ANNUAL PERCENTAGE RATE does not include costs other than interest. The ANNUAL PERCENTAGE RATE and corresponding Daily Periodic Rate are variable rates and therefore may increase or decrease on the first day of each billing cycle based on the changes in the Index. [X] "Discounted" Initial Rate. If this box is checked, the initial ANNUAL PERCENTAGE RATE listed in paragraph A of this Section is "discounted," and this rate will be in effect for a period of 12 months from the date of this Agreement. Thereafter, the ANNUAL PERCENTAGE RATE (and the related Daily Periodic Rate) will be determined as set forth in paragraph B in this Section. The Initial Rate is not equal to the sum of the Index and Margin. Without the discount, the initial ANNUAL PERCENTAGE RATE under this Agreement would be 12.500%. (Daily Periodic Rate of 0.03425%). B. Rate Computation. The ANNUAL PERCENTAGE RATE under this Agreement is based upon the sum of the Index plus the Margin. The ANNUAL PERCENTAGE RATE may increase or decrease based upon changes in the Index, and such changes will affect your Minimum Payment and periodic FINANCE CHARGES. The Daily Periodic Rate under this Agreement will always be equal to the ANNUAL PERCENTAGE RATE that is then in effect, divided by 365 (or 366 in a leap year). The ANNUAL PERCENTAGE RATE does not include costs other than interest. The "Index" is Prime Rate as published in the Wall Street Journal. If the Index is no longer available, we will use a substitute Index (and, if necessary, a new Margin). The substitute Index will have a historical movement substantially similar to the Index, and the substitute Index and Margin will result in an ANNUAL PERCENTAGE RATE that is substantially similar to the rate in effect at the time the Index becomes unavailable. C. Adjustments. The ANNUAL PERCENTAGE RATE may be adjusted on the first day of each billing cycle (each, a "Change Date"). Except as stated below, on each Change Date the ANNUAL PERCENTAGE RATE will be determined by adding the Margin to the value of the Index on the last day of the prior month. Each change in the ANNUAL PERCENTAGE RATE (and the related Daily Periodic Rate) will take effect without prior notice and will apply to both new Advances and your Account Balance. D. Limits. There is no limit to the amount by which the ANNUAL PERCENTAGE RATE can increase or decrease on any change date or in any 1-year period. The maximum ANNUAL PERCENTAGE RATE that can be imposed is **12.000**%. The minimum ANNUAL PERCENTAGE RATE that can be imposed is *5.500*%. 10. Finance Charges. You agree to pay all FINANCE CHARGES that accrue on your Account. You will have to pay both periodic FINANCE CHARGES and other FINANCE CHARGES in connection with your Account. Periodic FINANCE CHARGES begin to accrue on the day that there is an unpaid balance due on your Account and will continue to accrue until the Account Balance is paid in full. There is no grace period that will allow you to avoid the assessment of periodic FINANCE CHARGES on your Account. The total periodic FINANCE CHARGE for each Billing Cycle will be calculated by first multiplying the Daily Balance (as described below) for each day of the billing cycle by the Daily Periodic Rate that is in effect for that day. This provides the periodic FINANCE CHARGE for each day of the Billing Cycle. The periodic FINANCE CHARGE for each day of the Billing Cycle will be added together to get the total periodic FINANCE CHARGE for the Billing Cycle. The other FINANCE CHARGES that you will have to pay in connection with your Account are listed on page 6 under "Additional CLOSING COSTS." To calculate the "Daily Balance"for each day of the Billing Cycle, (i) we start with the beginning Account Balance of your Account that day, (ii) exclude any unpaid finance charges or other charges provided for under this Agreement, (iii) add any new Advances posted to the Account, and (iv) then we subtract any payments or credits applied to your Account Balance. If you have a positive balance in your Account on any day, we will not pay any interest on the positive balance and the positive balance will not be treated as a daily balance in the calculation of periodic finance charges. 11. Finance Charges, Fees, Other Charges, and Costs. You agree to pay the Finance Charges, fees and other charges listed on page 6 if the circumstances triggering their assessment apply. These fees and charges will be added to the Account Balance and are payable as set forth in this Agreement. Subject to any limitations of Applicable Law, you agree to pay all reasonable costs we incur to collect the Account Balance including, without limitation, court costs, attorney's fees, and foreclosure-related expenses, if you default under this Agreement or become involved in any bankruptcy action. Should any loan charge exceed the maximum lawful charge, the excess shall, to the extent permitted by law, be regarded as interest calculated, as a charge applied to the entire principal balance of the outstanding credit balance as of the assessment of the charge for the remaining term of the loan. 12. Refund of Fees, Charges, and Costs. The terms of this Agreement shall be construed to be consistent with Applicable Law. However, if a court of competent jurisdiction or other qualified authority determines that the loan charges and fees described in this Agreement exceed the limits that Applicable Law allows, then the following shall occur. First, any such purportedly excessive charges or fees shall be reduced to the permitted amount. Second, any amounts collected that exceed the permitted amount will be returned to you, either by direct payment or by reducing the principal you owe on your Account. Your receipt of a refund made by direct payment to you or credited to your Account will constitute a waiver of any right of action you may have arising out of overcharges or allegedly excessive loan charges or fees. 13. Property Insurance. You agree to obtain property insurance against loss or damage to the Property, in the amounts, for the time periods and against the risks that the Security Instrument and/or we require. You agree to provide (i) standard property insurance for the Property in an amount equal to the replacement cost of the property and (ii) if we notify you that the Property is located in a flood zone, flood insurance in an amount equal to the lesser of the Credit Limit or the maximum amount available pursuant to the National Flood Insurance program (if we notify you after the date of this Agreement, you agree to obtain such insurance within 45 days of being notified). You agree to provide us with a mortgagee endorsement on origination and at each renewal of such insurance coverage. You may obtain the insurance from an insurance carrier of your choice, so long as the insurance carrier is acceptable to us. If you fail to purchase and maintain acceptable property insurance, we may purchase insurance for you on your behalf and at your expense as described in Section 5 of the Security Instrument. We have no obligation to obtain such insurance. Should we take this action, the equity in the Property and contents thereof may not be protected as you desire. Further, the cost of the insurance may significantly exceed the cost of such insurance that you could have obtained, this cost will be treated as an Advance and will be subject to a FINANCE CHARGE. 14. Additional Rights and Remedies. In addition to the rights described elsewhere in this Agreement and in the Security Instrument, we also have the following rights: A. We can terminate your Account and require you to pay us the entire outstanding Account Balance under this Agreement in one payment, and charge you certain fees, if any of the following occur: 1) You engage in fraud or make a material misrepresentation at any time in connection with your Account; 2) We do not receive the full amount of any Minimum Payment due or you fail to meet any of the other repayment terms of this Agreement; 3) Your action or inaction adversely affects the Property or our rights in it (for this purpose, the words "you", "your", and "yours" also refer to the owner of the Property, if different than you). Examples of these actions or inactions include, but are not limited to: a) Your death, if you are the sole borrower on the Account; or the death of all but one borrower which adversely affects our security; b) Illegal use of the Property, if such use subjects the Property to seizure; c) You transfer all or part of your interest in the Property without our written consent; d) All or part of the Property is taken by condemnation or eminent domain; e) Foreclosure of any senior lien on the Property; f) Failure to maintain required insurance on the Property; g) Waste or destructive use of the Property which adversely affects our security; h) Failure to pay taxes or assessments on the Property; i) Permitting the creation of a senior lien on the Property; j) Filing of a judgment against you, if the amount of the judgment and collateral subject to the judgment is such that our security is adversely affected. We may, at our option, take lesser action than those described in this Section. Such lesser action may include, without limitation, suspending your Account and not allowing you to obtain any further Advances, reducing your Credit Limit, and/or changing the payment terms on your Account. If we take any such action, this shall not constitute an election of remedies or a waiver of our right to exercise any rights or remedies under the remainder of this Section, the remaining provisions of this Agreement, the Security Instrument, or at law or in equity. We may take action under this Section only after complying with any notice or cure provisions required under Applicable Law. In the event we elect not to terminate the Account or take any lesser action as provided in this Section, we do not forfeit or waive our right to do so at a later time if any of the circumstances described above exists at that time. B. We can refuse to make additional Advances or reduce your Credit Limit during any period of time in which any of the following are in effect: 1) The value of the Property declines significantly below the value as determined by us at the time you applied for your Account. This includes, for example, a decline such that the initial difference between the Credit Limit and the available equity in the Property is reduced by fifty percent (50%) or more, and may include a smaller decline depending on individual circumstances; 2) We reasonably believe you will not be able to meet the repayment requirements set forth in this Agreement due to a material change in your financial circumstances; 3) You are in default of a material obligation in this Agreement, including, without limitation, your failing to make a Minimum Payment on a date that it is due; 4) Government action prevents us from imposing the ANNUAL PERCENTAGE RATE provided for in this Agreement; 5) Government action impairs our security interest such that the value of our interest is less than 120 percent of your Credit Limit then in effect; 6) A regulatory agency which supervises us has notified us that continued Advances would constitute an unsafe and unsound practice; 7) The maximum ANNUAL PERCENTAGE RATE allowed under this Agreement is reached. If we refuse to make additional Advances or reduce your Credit Limit under this Section, we will send you a written notice stating the reason for such action. If, for any reason, you believe your ability to obtain Advances or your Credit Limit should be reinstated, you must send us a written request for reinstatement and include in the request the reasons why you believe your ability to obtain Advances or your Credit Limit should be reinstated. C. We can modify or amend the terms of the Agreement. After you open your Account, we may modify or amend the terms of this Agreement and/or the other loan documents pertaining to the Account if any of the following conditions exist: 1) You consent in writing to our proposed modification or amendment at that time; 2) The modification or amendment unequivocally benefits you throughout the remainder of the term of this Agreement; 3) The modification or amendment results only in an insignificant change to the terms of this Agreement and/or the other loan documents; 4) The modification or amendment involves the substitution of a new Index and Margin, as provided in Section 9 above. Any Account Balance on the effective date of any modification or amendment is subject to the modification or amendment. 15. Suspending or Terminating Your Account. You may terminate your Account at any time. To do so, you must notify us in writing. If one of you requests termination of the Account, the Account will be terminated for all of you. At our option, we may release some of you from liability under this Agreement and/or under Applicable Law without releasing all of you. If your Account is terminated for any reason, you will nonetheless remain obligated to pay the Account Balance immediately upon our demand. Upon termination of your Account by either you or us, you must return to us all Checks or other Account access devices given to you. If either you or we terminate your Account, you will not be entitled to a refund of any FINANCE CHARGES, fees, charges, or credit insurance premiums paid or payable under the Account. 16. Other Provisions. A. Account Checks; Stop Payment Orders. You may not use the Checks, or otherwise use Advances, to make payments on your Account. You agree that the Checks are our property and that you will return them to us at our request. Checks that you write will not be returned to you. We are not responsible if anyone refuses to honor a Check. We may honor postdated Checks and are not responsible if we do so. We will not certify Checks. You agree to notify us immediately by contacting us at the address or telephone number listed on your Billing Statement if there has been, or there may have been, a loss, theft, or unauthorized use of any of the Checks. You may also write to us at the address stated on your Billing Statement. You also agree to cooperate with us or any law enforcement agency in any effort to investigate the circumstances surrounding the incident and efforts to minimize potential losses to you or us stemming from any loss, theft, or unauthorized use of a Check. We will honor an oral or written stop payment order for a Check if we have a reasonable opportunity to act on it. We will not be liable for failing to stop payment if we used ordinary care. Our records will be conclusive evidence of the existence and details of any oral stop payment order or its revocation. If you stop payment, you must tell us your name and account number, the name of the payee and the exact amount, date and number of the Check, and who signed it. If an oral order is not confirmed in writing within 14 calendar days, it will no longer be effective. A written order is effective for 6 months, and you may renew such order every 6 months. We may pay a draft after a written order has expired even though the draft is more than six months old. You agree that we will have no liability to you if any of the information you provide in the oral or written order is incorrect, and we pay the draft. You agree to indemnify us and pay all costs and expenses we incur (including reasonable attorney's fees) as a result of honoring your stop payment order. This indemnity will survive any termination of this Agreement. B. Tax Consequences. You acknowledge that we (including our employees and representatives) have given you no assurances, representations or warranties that the FINANCE CHARGES and other fees and charges paid on your Account are tax deductible. You should consult your own tax advisor concerning the deductibility of the FINANCE CHARGES and other fees and charges for the Account. C. Due On Sale. The Security Instrument includes the following "due on sale" provision relating to certain sales and transfers of the Property: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. D. Negative Amortization. If your Minimum Payments are not sufficient to cover the FINANCE CHARGE that will accrue on your Account, "negative amortization" will occur. Negative amortization will increase the balance of your Account and reduce the equity in the Property. E. Review of Your Account. Upon our request, you will provide us with current financial and credit information and will sign any additional or corrective documents in connection with this Agreement or the Account. You also authorize us to make credit inquiries regarding your ongoing credit worthiness, and to provide information about you to our affiliates and third parties as permitted by Applicable Law. F. Irregular Payments. We may accept late payments, partial payments, and items marked "payment in full," even if they are not full payments, without losing any of our rights under this Agreement or under Applicable Law. G. Delay in Enforcement. We may delay enforcing our rights under this Agreement without waiving these rights and/or otherwise forfeiting or compromising them. H. Legal Purposes. You may not use any Advances for purposes that violate any applicable federal, state, tribal, or local laws, rules, regulations, or ordinances. I. Assumption. This Account is not assumable. This means that someone buying the Property may not take this Account as his/her own on the terms of this Agreement or on any other terms. J. Assignment. We may transfer this Credit Agreement, the Security Instrument, and any other loan documents relating to the Account to any person or entity without notice to you. You may not transfer or assign your rights or delegate your duties under this Agreement. Subject to the other provisions of this Section, this Agreement is binding on your and our heirs, successors, and personal and legal representatives. K. Captions and Headings. The captions and headings of the sections of this Agreement are for convenience only and are not to be used to interpret or define the provisions of this Agreement. L. Change of Address, Name or Employment. You agree to immediately notify us in writing of any change in your name, residence or mailing address, or employment. M. Governing Law. Federal law and the law of the jurisdiction in which the Property is located shall govern this Agreement. All rights and obligations contained in this Agreement are subject to any requirements and limitations of Applicable Law. N. Joint and Several Liability. Each of you will be legally responsible for payment of the total amount of the Account Balance and fees, charges, costs, and credit insurance premiums regardless of any divorce, legal separation, or other legal proceedings. O. Severability. If any portion of this Agreement conflicts with, contradicts or otherwise controverts applicable federal, state, tribal, or local law, then to the extent possible such portion shall be construed as being consistent with such Applicable Law, and further will be deemed changed to the extent necessary to accomplish this end. If any such conflicting or contradicting portion of this Agreement cannot be so construed or changed, it will be deemed severed from this Agreement and will not affect other provisions of this Agreement, which shall be given full effect without regard to the conflicting or contradicting portions. P. Sending of Notices. Except as otherwise provided in this Agreement, all notices must be in writing. Notice to any of you shall be deemed notice to all of you. Any Billing Statement or notice to you under this Agreement will be sufficiently given if sent to your address on file in connection with the Account or to a new address of which you have notified us in writing at least 20 calendar days before the sending of the Billing Statement or notice. Any notice that you give to us must be provided to us at the address listed on page 1, or a different address if you are notified of the same. 17. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. A. Notify Us in Case of Errors or Questions about Your Bill. If you think your Billing Statement is wrong, or if you need more information about a transaction on your Billing Statement, write us at the address listed on your statement. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first Billing Statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: (i) Your name and account number; (ii) The dollar amount of the suspected error.; and (iii) Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. B. Your Rights and Our Responsibilities after We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including FINANCE CHARGES, and we can apply any unpaid amount against your Credit Limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any FINANCE CHARGES related to the mistaken amount. If we didn't make a mistake, you may have to pay FINANCE CHARGES, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question on your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. FEES AND CHARGES Subject to limits of Applicable Law, you agree to pay the following fees, charges and closing costs pursuant to this Agreement: Late Fees. On any payment not received within 11 days of the due date, a fee of 5.000% of my overdue payment or $24.00 (whichever is greater) Annual Fee. A fee of $ N/A for each year of the draw period. Overlimit Fee. A fee of $ 50.00 for each Advance which causes your Account Balance to exceed your Credit Limit. Return Payment Fee. A fee of $ 25.00 for each check or negotiable instrument we receive in payment for your account, which is returned unpaid for any reason. Stop Payment Fee. A fee of $ N/A for each stop payment request made on a draft drawn directly on this Account. If I request a stop payment on any check, I must clearly identify my Account and agree to indemnify and hold the Lender harmless from any and all loss, cost, damage, or expense (including attorneys' fees) incurred by the Lender as a result of, or in connection with, such request. ANNUAL FEE ADDITIONAL CLOSING CHARGES <table> <tr> <th>ITEM</th> <th>AMOUNT</th> <th>POC</th> <th>PAID BY</th> </tr> <tr> <td colspan="4"><b>FINANCE CHARGES</b></td> </tr> <tr> <td>Future Mortgage Release</td> <td>20.00</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td>Flood - Life of Loan</td> <td>6.00</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td colspan="4"><b>OTHER CHARGES:</b></td> </tr> <tr> <td>Doc Prep Fee</td> <td>250.00</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td>Appraisal Fee</td> <td>175.00</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td>Credit Report Fee</td> <td>27.30</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td>Flood Determination Fee</td> <td>10.00</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td>Appraisal Review Fee</td> <td>75.00</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td>Short Title Report</td> <td>140.00</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td>Mortgage Tax</td> <td>21.00</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td>Mortgage Certification Fee</td> <td>5.00</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td>Mortgage/Deed Recording Fees</td> <td>42.00</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td>PAYOFF to DISCOVERBANK for Revolving Account</td> <td>6,501.98</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td>PAYOFF to CITI for Revolving Account</td> <td>1,931.77</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td>PAYOFF to SEARS/CBNA for Revolving Account</td> <td>1,180.31</td> <td>0.00</td> <td>Borrower</td> </tr> <tr> <td>PAYOFF to CAPITAL ONE for Revolving Account</td> <td>951.39</td> <td>0.00</td> <td>Borrower</td> </tr> </table> Subtotal of Estimated Fees and Costs: $ 11,336.75 You agree to the terms and conditions contained in this Agreement and you acknowledge receipt of a completed copy of this Agreement. WITNESS: ACCEPTED AND AGREED TO: Borrower Jimmie D Wiley JR Date 03-21-23