Calvin Ninness v. City of Enid

IN THE DISTRICT COURT OF GARFIELD COUNTY STATE OF OKLAHOMA CALVIN NINNESS and ) KIMBERLY NINNESS, ) (Primary Homeowners), ) Petitioners, ) vs. ) Case No. CJ-2024-47-01 ) CITY OF ENID, Oklahoma; ) DARRELL KINDLE, individually; and ) SCOTT MORRIS, individually ) Respondents. PETITION FOR JUDICIAL REVIEW AND NOTICE OF AUTOMATIC STAY COMES NOW the Petitioners, Calvin Ninness and Kimberly Ninness, and for their Petition against the City of Enid, state: 1. THE PROPERTY: The property at 601 East Elm, Enid, OK, is the primary residence and legal Homestead of the Petitioners, where they have resided for twenty-one (21) years. 2. NOTICE OF STAY: Pursuant to Okla. Stat. tit. 11, § 11-44-110, the filing of this Petition stays all proceedings. The City must cease enforcement and remove all "Vacate" placards immediately by operation of law. 3. DUE PROCESS VIOLATION: The City postmarked the hearing notice on January 16, 2026, for a February 11 hearing, providing only 26 days notice—violating the mandatory 30-day legal requirement. 4. URGENT MEDICAL NECESSITY: Petitioners are newly disabled. The City’s actions have caused severe distress, specifically endangering the health of KIMBERLY NINNESS. A three (3) year Stay of Enforcement is required for medical recoupment. 5. TORT CLAIM DEMAND: A Tort Claim for $250,000.00 was filed on January 26, 2026. Due to the critical nature of Kimberly Ninness’s health and the City's destruction of a private real estate sale, Petitioners demand payment within fourteen (14) days to provide for necessary medical care. 6. EVIDENCE: Petitioner has filed the "BOOK OF KIM" (Exhibit 3 - A) and the "AUDIO RECORDING ON THUMB DRIVE" (Exhibit 2 – A) Letters, Envelopes, and Placard (Exhibit 1 – A) with the Court Clerk. These are incorporated by reference. Petitioners Retain Originals. IN THE DISTRICT COURT OF GARFIELD COUNTY, STATE OF OKLAHOMA 7. STRUCTURAL INTEGRITY vs. EXTERIOR WEAR: The Respondent's claim that the property at 601 East Elm is an "imminent danger" is factually false. Any visible issues are strictly outside damage and regular wear and tear caused by environmental exposure. The primary structure is sound, as evidenced by its survival of: • July 2025: Severe storms with high winds of 80 MPH plus (See Book of Kim, P17). • January 23–26, 2026: A severe winter weather event where the property withstood 11.5 inches of snow, sustained high winds, and extreme 0°F to -1°F temperatures. 8. SELECTIVE ENFORCEMENT & PRETEXT: As documented in Exhibit C (Book of Kim, P21-22), the City of Enid is targeting 601 East Elm while ignoring far worse conditions at: • Property A (1100 Block Broadway - Fire Ruin): Located directly by a school, this structure has no fences or warnings. Crucially, the City hid the placards for this property on the East side of the house behind small trees and foliage, making them invisible to the heavy East/West traffic on Broadway. • Property C (The Blue House): A property with a failing roof covered in blue tarps and obvious neglect, yet it bears no placards or "Vacate" orders. • Property D (The White House): This property is completely unoccupied, having no gas, no electric, and no water, yet it has NO PLACARDS. It features broken/boarded windows and a large hole underneath the ground. Varmints and cats are permitted to run in and out of the structure freely through an unsecured window, yet the City has taken no enforcement action. CONTRAST: The City placed the "Vacate" placard for 601 East Elm on the front of the residence, fully exposed to all traffic on Elm Street, despite it being a permanently occupied home with all utilities and a 21-year history of safety. This deliberate choice to hide or omit placards on Properties A, C, and D while publicizing the status of 601 East Elm proves a malicious intent to selectively harass the Petitioners. 9. FINANCIAL MALICE & TRESPASS: Petitioners highlight for the Court the destruction of a private real estate sale (See Book of Kim, P5-6, P9-10) and documented 4th Amendment Trespass by city officials in the Petitioners' private garden (See Book of Kim, P24). 10. RESERVATION OF RIGHTS AND INDIVIDUAL LIABILITY: Petitioners hereby reserve the right to pursue future litigation against the City and involved individuals in their official and individual capacities. These individuals acted outside their authority, thereby forfeiting any claim to immunity. IN THE DISTRICT COURT OF GARFIELD COUNTY STATE OF OKLAHOMA PAGE 3 of 4: OFFICIAL STATEMENT REGARDING EVIDENCE I. THE EVIDENCE: Petitioners submit the following to prove Retaliation and Selective Enforcement: THE CATALYST: On Jan 8, 2026, which was a regular scheduled trash pickup day, Petitioner made a phone call regarding missed trash pickup. The City attempted to charge a $4.00 fee for a service that should have been completed as part of normal operations. Petitioner disputed this fee and went to the City offices to speak directly with the Assistant City Manager. During this meeting, Petitioner also reported a large accumulation of garbage on Oklahoma Avenue that the City had neglected for over one year. Although the trash at 601 East Elm was eventually picked up that day, the City issued a retaliatory Vacate placard just 8 days later on Jan 16. This action was a direct violation of Petitioners 4th and 14th Amendment rights and was used to illegally interfere with and destroy a private real estate transaction. DUE PROCESS: The postmarked envelope proves only 26 days of notice was provided, violating the 30-day legal mandate. AUDIO RECORDING: Evidence of the dispute with the Trash Department on Jan 8, 2026, regarding the regular pickup day and the illegal $4.00 fee. II. SELECTIVE ENFORCEMENT: For the record, the City of Enid is practicing selective enforcement by their own documentation. The City ignored hazards at Property A while targeting the Petitioners sound home. IN THE DISTRICT COURT OF GARFIELD COUNTY, STATE OF OKLAHOMA PRAYER FOR RELIEF Claimants Calvin Ninness and Kimberly Ninness request: 1. SETTLEMENT: $250,000.00 for Constitutional violations and permanent diminution of value. This includes the long-term loss from the City's unlawful stigmatization and illegal vacant placard, plus $104,000.00 in daily acquired debt ($4,000 per day for 26 days). Judgment is demanded against The City of Enid, Scott Morris, Darrell Kindle, and all other involved officials in their individual capacities for acts under Color of Law. 2. No Immunity: The City acted outside their authority and has no immunity. 3. Medical Stay: A 3-year stay of all enforcement for the disabled residents. 4. AG Intervention: Send this to the Oklahoma Attorney General for investigation (ASAP response). 5. Public Interest: Stop the City from predatory removals of citizens from their homes. 6. Acts of God: The house is sound; it survived 114 degree heat, 80 mph winds, and 11.5 inches of snow. 7. Removal: Take down the January 16th placard immediately. 8. Court Costs: The City must pay all court costs, filing fees, and expenses. 9. PROTECTION: Permanent order against trespass or warrantless entry at 601, 605, and 609 East Elm. 10. FEDERAL VIOLATIONS: Finding of ADA and FHA violations for denying reasonable accommodations. 11. REASONABLENESS: This relief is more than reasonable; Claimants are sick and disabled, and displacement constitutes life-threatening irreparable harm. OFFICIAL CERTIFICATE OF PROTECTION: Property at 601 East Elm, Enid, OK is under 4th and 14th Amendment protection. Any entry while this stay is active is a civil rights violation. Status: ACTIVE. I declare under penalty of perjury that the above is true and correct. X _____________ DATE: 2-12-2026 CALVIN NINNESS X _____________ DATE: 2-12-24 KIMBERLY NINNESS NOTARY State of Oklahoma, County of Garfield. Subscribed and sworn to before me this 12 day of February, 2026, by Calvin Ninness and Kimberly Ninness. SIGN: ___________________ NOTARY IN THE DISTRICT COURT OF GARFIELD COUNTY, STATE OF OKLAHOMA CALVIN NINNESS, Petitioner, v. Case No. ____________ CITY OF ENID, Respondent. EXHIBIT 1-A: ENVELOPE ,PLACARD , LETTER (Postmarked Jan 16, 2026) IN THE DISTRICT COURT OF GARFIELD COUNTY, STATE OF OKLAHOMA CALVIN NINNESS and KIMBERLY NINNESS, Petitioners, vs. CITY OF ENID, OKLAHOMA, Respondent. Case No. ________________ EXHIBIT 2-A: TRANSCRIPT OF PHYSICAL AUDIO EVIDENCE Reference: This document is the transcript for EXHIBIT 2, contained on the physically attached thumb drive labeled "Exhibit 2 (Audio)." TRANSCRIPT SUMMARY: • The Report: Petitioner reports the trash truck bypassed 605 East Elm. • The Statement: City Representative confirms tracking and cites "overfilled" bin. • The Technicality: "The lids are supposed to be closed, nothing on top, nothing sticking out." • The Fee: City demands a $4.00 fee to rectify the skipped service. • Petitioner's Rebuttal: "Well, it's still trash. You think somebody going to come clean it up?" LEGAL ARGUMENT: Exhibit 2-A proves the origin of the conflict. Petitioner owns 601, 605, and 609 East Elm, with 601 East Elm being the Primary Home. This evidence establishes a pattern of selective enforcement and pretextual actions used to disrupt property rights and private real estate transactions. [--- ATTACH THUMB DRIVE HERE ---] IN THE DISTRICT COURT OF GARFIELD COUNTY, STATE OF OKLAHOMA CALVIN NINNESS, Petitioners, vs. CITY OF ENID, OKLAHOMA, Respondent. Case No. ____________________________ CERTIFICATE OF AUTHENTICITY FOR EXHIBIT 2 (AUDIO) I, Calvin Ninness, of lawful age and being first duly sworn upon oath, state as follows: 1. I am a Petitioner and have personal knowledge of the facts stated herein. 2. Exhibit 2 is a true and correct digital audio recording of a telephone conversation between myself and the City of Enid occurring on or about January 8, 2026. 3. The recording has not been altered or tampered with in any way. 4. The transcript provided in Exhibit 2-A is an accurate representation of the dialogue. Calvin Ninness 2-12-2026 FURTHER AFFIANT SAYETH NOT. Calvin Ninness, Petitioner Subscribed and sworn to before me this 12 day of February, 2026. Notary Public Sondra Avery IN THE DISTRICT COURT OF GARFIELD COUNTY, STATE OF OKLAHOMA ALVIN NINNESS and KIMBERLY NINNESS, Petitioners, vs. CITY OF ENID, OKLAHOMA, Respondent. Case No. PAGE 7: SWORN CERTIFICATE OF AUTHENTICITY I, Calvin Ninness, of lawful age and being first duly sworn upon oath, state as follows: 1. I am a Petitioner in this action and have personal knowledge of the facts stated herein. 2. Exhibit 2, contained on the physically attached media, is a true and correct digital audio recording of the conversation with the City of Enid regarding the 605 East Elm utility dispute. 3. The recording has not been altered, and the transcript on Page 6 is an accurate representation of that audio. 4. This evidence proves the selective enforcement and retaliatory intent directed at my Primary Home at 601 East Elm and my other properties. FURTHER AFFIANT SAYETH NOT. Calvin Ninness, Petitioner [Signature] State of Oklahoma ) County of Garfield ) ss: Subscribed and sworn to before me this 12 day of February, 2026. Notary Public My Commission Expires: 3-1-2026 [Notary Public Signature] IN THE DISTRICT COURT OF GARFIELD COUNTY, STATE OF OKLAHOMA CALVIN NINNESS and KIMBERLY NINNESS, Petitioners, vs. CITY OF ENID, OKLAHOMA, Respondent. Case No. _______________________ SUMMONS TO THE RESPONDENT: City of Enid, Oklahoma 401 West Owen K. Garriott Road Enid, OK 73701 NOTICE: You have been sued by the Petitioner, Calvin Ninness. You are hereby directed to file a written answer or motion to the attached Petition for Judicial Review and Notice of Automatic Stay in the office of the Court Clerk of Garfield County within twenty (20) days after service of this Summons upon you. IF YOU FAIL TO ANSWER within the time stated, judgment by default will be rendered against you for the relief demanded in the Petition, including the Automatic Stay of Proceedings and the $250,000.00 Tort Claim for Constitutional Violations and Selective Enforcement. Issued this ____ day of ____________, 2026. COURT CLERK / DEPUTY IN THE DISTRICT COURT OF GARFIELD COUNTY, STATE OF OKLAHOMA CALVIN NINNESS and KIMBERLY NINNESS, Petitioners, vs. CITY OF ENID, OKLAHOMA, Respondent. Case No. ______________________ SUMMONS TO THE RESPONDENT: City of Enid, Oklahoma 401 West Owen K. Garriott Road Enid, OK 73701 NOTICE: You have been sued by the Petitioner, Calvin Ninness. You are hereby directed to file a written answer or motion to the attached Petition for Judicial Review and Notice of Automatic Stay in the office of the Court Clerk of Garfield County within twenty (20) days after service of this Summons upon you. IF YOU FAIL TO ANSWER within the time stated, judgment by default will be rendered against you for the relief demanded in the Petition, including the Automatic Stay of Proceedings and the $250,000.00 Tort Claim for Constitutional Violations and Selective Enforcement. Issued this ____ day of ________________, 2026. COURT CLERK / DEPUTY IN THE DISTRICT COURT OF GARFIELD COUNTY, STATE OF OKLAHOMA CALVIN NINNESS, Petitioner, v. CITY OF ENID, OKLAHOMA, Respondent. Case No. __________ ENTRY OF APPEARANCE The undersigned Petitioner, Calvin Ninness, hereby enters his appearance, pro se, in the above-captioned matter. All further pleadings, notices, and orders should be served upon the Petitioner at the address and phone number listed below. Respectfully submitted, ____________________________________ Calvin Ninness 601 East Elm Enid, OK 73701 Phone: 580-402-1578 IN THE DISTRICT COURT OF GARFIELD COUNTY, OKLAHOMA CALVIN & KIMBERLY NINNESS, Petitioners, v. CITY OF ENID, Respondent. CASE NO. ________________ EXHIBIT 3 – A : "THE BOOK OF KIM" – EVIDENCE INDEX P1: Master Appendix: Comprehensive Index of the Official Record P2: Exhibit C: Statement of Selective Enforcement (Comparison Data) P3: Comparative Evidence: 1100 Broadway Fire Ruin (No City Action) P4: Engineering Proof: 11.5" Snow Load vs. Imminent Danger Claim P5-6: Contract Interference: Documentation of Property Sale Agreement P7: The Breach: Evidence of Buyer Lockbox & Scheduled Closing P8: The Placard: Photo of Jan 16th Notice (Illegal Interference) P9-10: Financial Loss: Proof of Broken Sale & Settlement Damages P11: Digital Trail: IP Addresses & Documentation of Interference P12: Disability Protection: Physician's Letter (ADA/Reasonable Accom.) P13-15: Medical Harm: Evidence of Induced Distress & Medical Records P16: Due Process: Notice Error (26 Days) & IPMC 109 Violation P17: Structural Proof: 80 MPH Wind Load Stability Record P18-19: Exhibit U: 21-Year Continuous Safe Utility Service Record P20: 4th Amendment: Photo of Trespass/Illegal Placard Placement P21-22: Selective Enforcement: Photographic Evidence (Other Sites) P23: Summary: Analysis of Targeted Code Enforcement Actions P24: Trespass Record: Documentation of Official in Private Garden FOR THE RECORD: This evidence is submitted to prove Malicious Interference, Selective Enforcement, and Violation of Constitutional Rights. PETITIONER SIGNATURE: ___________________________ DATE: ________ BOOK OF Kim OFFICIAL RECORD: EXHIBIT INDEX - 601 EAST ELM HEARING DATE: FEB 11, 2026 NOTICE: 14TH AMEND. DUE PROCESS VIOLATION (26-DAY NOTICE) & 4TH AMEND. TRESPASS. P1: APPENDIX - MASTER INDEX OF THE OFFICIAL RECORD P2: EXHIBIT C - OFFICIAL STATEMENT OF SELECTIVE ENFORCEMENT P3: EVIDENCE - FIRE RUIN (1100 BROADWAY) NO ACTION UNTIL 01/28/2026 P4: INTEGRITY - 11.5" SNOW LOAD (REFUTES "IMMINENT DANGER") P5-6: CONTRACT - HOUSE SALE AGREEMENT (SALE KILLED BY CITY) P7: ACCESS - LOCKBOX AND BUYER READINESS P8: THE LIE - FALSE IMMINENT DANGER PLACARD (THE SALE TRIGGER) P9-10: THE LOSS - PROOF OF BROKEN SALE & FINANCIAL DAMAGE P11: THE TRAIL - IP ADDRESSES / DIGITAL INTERFERENCE P12: MEDICAL - DOCTOR'S DISABILITY LETTER (PROTECTED STATUS) P13-15: HARM - MALICIOUSLY INDUCED MEDICAL DISTRESS (RECORDS) P16: LEGAL STRIKE - NOTICE ERROR (26 DAYS) & IPMC 109 CHALLENGE P17: STABILITY - 80 MPH WIND LOAD STRUCTURAL PROOF P18-19: UTILITIES - EXHIBIT U (21 YEARS SAFE SERVICE) P20: PHOTO - PHYSICAL PLACARD PLACEMENT ON RESIDENCE P21-22: SELECTIVE - OTHER PROPERTIES IGNORED BY CITY CODE P23: SUMMARY - ANALYSIS OF TARGETED ENFORCEMENT P24: TRESPASS - 4TH AMENDMENT VIOLATION (OFFICIAL IN GARDEN) FOR THE RECORD: THIS 24-PAGE FILING DOCUMENTS CONSTITUTIONAL VIOLATIONS, FINANCIAL LOSS, AND MALICIOUS INTERFERENCE. SIGNED: ___________________________ DATE: ________________ 601 EAST ELM – HEARING MASTER FILE HEARING DATE: Feb 11, 2026 | SUBMITTED BY: Calvin Ninness FORMAL STATEMENT: "For the records, the City of Enid is practicing selective enforcement. I am officially submitting Exhibit C and Exhibit U to be kept permanently. I am a person with a protected disability under the ADA and I am requesting a reasonable accommodation, including a 90-day stay and the removal of the illegal placard within 12 hours." EXHIBIT C: OFFICIAL RECORD OF SELECTIVE ENFORCEMENT • Property A (Fire Ruin – 1100 Block Broadway): Total loss/fire hazard. Placard is hidden on the East side; not visible to Broadway traffic. City is hiding this status from the public. • Property B (601 East Elm – Gray House): My home of 21 years. Placard is by front door facing North; clearly visible to all Elm St. traffic. Survived 80 mph winds (July '25) and 11.5" snow (Jan '26) with no structural failure. • Property C (Blue House): Failing roof system covered in blue tarps. No placard; city ignores it. • Property D (White House): Abandoned; boarded windows and cats inside. No placard; city disregards it. LEGAL OBJECTION: DUE PROCESS AND STAY OF ENFORCEMENT 1. Notice Violation: Only 26 days notice provided; violates mandatory 30-day period. 2. Reasonable Accommodation: 90-day Stay demanded. Medical necessity: this stress is causing dangerous blood pressure spikes in my wife, Kimberly, post-surgery. 3. Automatic Stay: Under OK Stat. § 11-44-110, filing an appeal triggers an AUTOMATIC STAY. No city agents may enter or interfere with this property. 4. DEMAND: Immediate removal of the illegal "Vacate" placard within 12 hours. EXHIBIT U: OFFICIAL RECORD OF ACTIVE UTILITIES 601 East Elm has active Electric and Water services in good standing for 21 years. An "unsafe" structure does not maintain active, safe utility connections for 21 years.  Jan 26 12:10 PM  Share Edit Add to Trash rebuilt STANDARD PURCHASE AND SALES AGREEMENT "AS IS" CASH-OFFER 1. PARTIES: Rebuilt Offers, LLC (BUYER) and Calvin Ninness (SELLER), which terms may be singular or plural and will include the heirs, successors, personal representatives and assigns of Seller and Buyer, hereby agree that Seller will sell and Buyer will buy the following property, upon the following terms and conditions if completed or marked. In any conflict of terms or conditions, that which is added will supersede that which is printed and marked. 2. PROPERTY: 601 E ELM AVE ENID, OK 73701 (Street Address) ENID (City) Garfield (County) OK (State); the Property includes the land and all appurtenant rights, privileges and easements, all buildings and fixtures, including without limitation, all of the following as are NOW on the Property: electrical, heating, cooling, plumbing, bathroom mirrors and fixtures, awnings, screens, storm windows and doors, landscaping, disposals, TV antennas, built-in electronics wiring, ceiling fans, smoke alarms, security systems, doorbells, thermostats, garage door openers and controls, attached carpeting, and any of the following items that are checked: washing machine and clothes dryer, existing fireplace equipment, ranges/ovens, microwave ovens, kitchen refrigerators; dishwashers, window, air conditioners, other appliances water softeners all existing window treatments, satellite. TV reception systems, affixed gas/oil tanks not including fuel therein unless otherwise agreed by the parties; NOT Included: N/A. All property sold by this contract is called the "Property". 3. CONTRACT TERMS a. Sale Price $5,000.00 4. NON-FINANCING /ALL CASH: This is an all-cash sale; no financing is involved, unless agreed upon in writing by both parties at a later date. 5. CLOSING: Buyer will deliver contract to National Title Services (Title Company), upon execution of the contract by both parties. Closing shall occur within 45 business days from the execution of this agreement, or within seven (7) days after objection to title has been cured, whichever date is later. 6. TITLE POLICY: Seller shall furnish to Buyer at Buyer's expense an Owner's Policy of Title Insurance issued by National Title Services (the Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy. 7. PROPERTY CONDITION: PROPERTY SOLD "AS-IS" SUBJECT TO DUE DILIGENCE: The Buyer is purchasing the Property in an "AS-IS" condition subject to a 45 Business Day Due Diligence Period. During Due Diligence, Buyer will need to access the property with Inspectors, Appraisers, Investors, Contractors, and potentially others. Rebuilt may also have professionals make condition determinations using pictures and videos. Termination During Due Diligence Period. If Buyer determines, in its sole and absolute discretion, before the expiration of the Due Diligence Period that the Interests and/or the Property is unacceptable for Buyer's purposes, Buyer shall have the right to terminate this Agreement by giving to Seller written notice of termination before the expiration of the Due Diligence Period. In addition, upon such a termination, Buyer shall promptly return the Property Information to Seller, or certify to Seller that the Property Information has been destroyed. If Buyer does not give written notice of termination before the expiration of the Due Diligence Period, this Agreement shall continue in full force and effect. 8. POSSESSION: The possession of the Property shall be delivered to the Buyer at closing. No Exceptions, unless specifically given in Section 19 of this contract. 9. PRE-MARKETING AGREEMENT: If vacant, and upon acceptance of this contract by Seller, Seller is to furnish buyer a key, or combination to lock box, to said Property and give Buyer permission to enter premises for inspections prior to closing. At Buyer's option, Buyer is allowed to display a For Rent, For Sale, or Cash for Houses sign in front of Property. Buyer has the right to market its contract interest in the Property in Buyer's sole discretion, which may include, but is not limited to listing the Property and Buyer's contract interest in the Property on any Multiple Listing Service ("MLS") under the Authorization to Sign Listing Documents and Offers document. 10. PRORATIONS: Property Taxes, flood and hazard insurance, rents, maintenance fees, interest on any present loan and any prepaid unearned mortgage insurance premium which has not been financed as part of any present loan and which is refundable in whole or in part later shall be prorated through the Closing Date. 11. PROPERTY DOCUMENTATION: Seller to furnish Buyer a General Warranty Deed conveying title subject only to liens securing payment of debt created as part of the consideration, taxes for the current year, restrictive covenants and utility easements common to the platted subdivision of which the Property is a part and reservations and conditions permitted by this contract or otherwise acceptable to Buyer. 12. CASUALTY LOSS: If any part of Property is damaged or destroyed by fire or other casualty loss, Seller shall restore the same to its previous condition as soon as reasonably possible, but in any event by Closing Date. If Seller is unable to do so without fault, Buyer may terminate this contract. 13. DEFAULT: If Seller fails to comply herewith for any reason Buyer may either (a) enforce specific performance hereof and seek such other relief such as loss of profit from resale as may be provided by law or (b) terminate this contract, thereby releasing seller from this contract. If any party hereto shall file suit for breach of enforcement of this Agreement (including suits filed after Closing which are based on or related to the Agreement), the prevailing party shall be entitled to recover all costs of such enforcement, including reasonable attorney's fees. If any party exercises its right to terminate due to the default of the other under the terms of this Agreement, the terminating party retains the right to pursue all legal rights and remedies against the defaulting party following termination. 14. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no unrecorded liens, assessments, or Uniform Commercial Code Security interests against any of the Property which will be satisfied out of the sales price, unless securing payment of any loans presently against said property, (b) any loans will be without default. If any representation in this contract is untrue on the Closing Date, this contract may be terminated by the Buyer. All representations contained in this contract shall survive closing. 15. SALES EXPENSES: The following expenses shall be paid at or prior to closing: A. Buyer's Expenses: Expenses stipulated to be paid by Buyer under other provisions of this contract. B. Seller's Expenses: Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability, tax statements or certificates, real estate transfer tax and or conveyance fees; and other expenses stipulated to be paid by Seller under other provisions of this contract. C. If Seller(s) fails to perform, they are responsible for any consequential damages, including any indirect expenses, incurred by the Buyer or the buyer's assignee including title cost, loan and sales processing and other closing costs. 16. RESALE OF PROPERTY: Seller agrees that Buyer on this contract retains "All Profit" whether by Note, Trade, or Cash in the event of resale or this property, simultaneous close or assignment of this contract. Seller understands that Buyer is an investor and is going to either: purchase the property and rent it, purchase the property and fix it for resale, sell the property as-is, or demolish the property and/or new build on the land. 17. ASSIGNMENT OF CONTRACT: Buyer may assign the contract. If assigned, all rights, interests, suits, claims, and titles in and to the contract will be assigned and the assignor will be released of all liability. Buyer reserves the right to assign this contract to an Assignee, through an Assignment Agreement. In the event the Buyer enters an Assignment Agreement with a third-party Assignee, the third-party Assignee will assume all the obligations and responsibilities of the Buyer. This specifically includes any responsibility of the Buyer to pay the Seller's closing costs as outlined in this Purchase and Sales Agreement. The Buyer is to be held harmless of this obligation and or any other obligations under this Purchase and Sales Agreement not specifically agreed upon in writing. 18. HOLD HARMLESS AND ASSUMPTION OF LIABILITY: In the event the Seller has any damages or other liabilities caused by a third party, Buyer is to be held harmless by the Seller for these damages or other liabilities. This specifically includes any third parties' duty to perform under a contract with the Buyer. Seller understands and assumes the risk of loss for any liability caused by a third-party action. 19. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. 20. Special Provisions: Due Diligence period to begin once the Buyer has gained access to the home. Rebuilt Offers, LLC Albert Young on behalf of Rebuilt Offers, LLC ______________________________ Buyer Signature Albert Charles Young, Member + CEO Buyer Printed Name Date: 01-05-2026 ______________________________ Seller Signature Calvin Ninness Seller Printed Name Date: 01-05-2026 Jan 26 Kala 10:25 AM Monday, Jan 12 • 6:47 PM Okay there you go Lock boxes on there's a key in it and have to take my wife back to NOTICE TO VACATE IMMEDIATELY THIS STRUCTURE IS DEEMED UNSAFE FOR OCCUPANCY AND RELEASE OF PURCHASE AND SALE AGREEMENT AND DISBURSEMENT OF EARNEST MONEY / TRUST MONEY Buyer: Rebuilt Offers, LLC Seller: Calvin Ninness Property: 601 E ELM AVE ENID, OK 73701 Earnest Money/Trust Money Amount: N/A ($ N/A) Holder of Earnest Money/Trust Money: N/A Located at: N/A Buyer(s) shall release Seller(s) from all terms of a certain Purchase and Sale Agreement, with a Binding Agreement Date of 01-05-2026 ("Agreement"), and said Seller(s) agree to release Buyer(s) from all terms of the Agreement. Further, both Seller(s) and Buyer(s) do hereby agree to the cancellation and termination of said Agreement and that in consideration of mutual promises and conditions herein contained, the receipt and sufficiency of which is hereby acknowledged, Buyer(s), Seller(s) and Broker(s) (including all Licensees connected herewith) do hereby jointly and severally release one another from all claims of every kind and character arising from or connected with the foregoing Agreement on the above Property. If applicable, Buyer(s) have provided Seller(s) with any requested documentation which supports Buyer's right to terminate pursuant to any specific Buyer's contingency contained within the Agreement. This Release shall be binding upon and shall be effective for the benefit of any successors, heirs, and/or assignees of all parties. Earnest Money/Trust Money shall not be disbursed prior to fourteen (14) days after deposit unless written evidence of clearance by bank is provided. EARNEST MONEY/TRUST MONEY IS BEING DISBURSED AS FOLLOWS ("Check any that apply"): ☐ 1. Forfeited by Buyer(s) and paid to Seller(s) N/A as defined in the Purchase and Sale Agreement at the following address: N/A ☐ 2. Returned to Buyer(s) N/A for the following reason(s): ☐ a. unable to obtain financing as per Purchase and Sale Agreement ☐ b. did not remove contingency upon notice of second acceptable Purchase and Sale Agreement pursuant to the Buyer's First Right of Refusal Addendum (Seller's Right to Continue to Market Property) ☐ c. Seller unable to provide good title. ☐ d. Purchase and Sale Agreement contingency pertaining to N/A was not satisfied. ☐ e. inspection contingencies. ☐ f. other: N/A At the following address: ____________________________ ☐ 3. Split between the parties in the following manner: Name: N/A Amount: $ N/A Address: _______________________________________ Name: ____________________________________ Amount: $ ____________ Address: _______________________________________ Name: ____________________________________ Amount: $ ____________ Address: _______________________________________ Name: _______________________________________________ Amount: $____________________ Address: ______________________________________________________________________ ☑ 4. Other: Buyer and seller hereby mutually agree to terminate contract. LEGAL DOCUMENTS: This is an important legal document creating valuable rights and obligations. If you have questions about it, you should review it with your attorney. Neither the Broker nor any Agent or Facilitator is authorized or qualified to give you any advice about the advisability or legal effect of its provisions. By signing this document, you are certifying that you have read and accept these terms and acknowledge receipt of a copy of this Release. The party(ies) below have signed and acknowledge receipt of a copy. Albert Charles Young IV BUYER 1/26/2026 at ________ o'clock ☐ am/ ☐ pm Date Managing Broker – Selling Firm BUYER __________________________ at ___________ o'clock ☐ am/ ☐ pm Date __________________________ at ___________ o'clock ☐ am/ ☐ pm Date The party(ies) below have signed and acknowledge receipt of a copy. Calvin Niiness SELLER 01-26-2026 at ________ o'clock ☐ am/ ☐ pm Date Managing Broker – Listing Firm SELLER __________________________ at ___________ o'clock ☐ am/ ☐ pm Date __________________________ at ___________ o'clock ☐ am/ ☐ pm Date CERTIFICATE of SIGNATURE CALVIN NINNESS [email protected] SIGNER TIMESTAMP SIGNATURE 26 JAN 2026 18:52:09 Calvin Ninness 26 JAN 2026 18:59:30 26 JAN 2026 19:09:07 149.76.69.111 ENID, UNITED STATES RECIPIENT VERIFICATION 26 JAN 2026 18:59:30 St. Mary's Physician Associates St. Mary's Family Care of Enid Samantha C. Moery, DO * D. Andrew Ward, APRN * Shayla Monsees, APRN 302 N. Independence, Suite 600 * Enid, OK 73701 * Office: 580.242.1300 * Fax: 580.237.7913 January 28, 2026 KIMBERLY NINNESS 601 E ELM AVE ENID, OK 73701-3302 To Whom It May Concern, Patient has been hospitalized for several weeks and her health is fragile. She has been out of work for the last 3 weeks as she is the only soul provider. Please reconsider condemning their home at this time. If you have any questions please feel free to call my office. Sincerely, D. Andy Ward ARNP [Image of a cartoon-style drawing of a train car on an incline, with tracks and a hand pointing towards it, and some abstract shapes or objects near the tracks.] https://mail.google.com/mail/u/0/?tab=rm&ogbl#inbox?projector=1 Open Mon - Friday 8:00 am - 7:00 pm FORMAL CHALLENGE TO IPMC SECTION 109 (EMERGENCY MEASURES) To the Board: The City is attempting to bypass my Due Process rights and the mandatory 30-day notice period by invoking IPMC Section 109.1 (Imminent Danger). For Section 109 to be valid, the City must prove the structure is in "imminent danger of failure or collapse." I submit the following facts into the record to refute the "Emergency" claim: 1. The Snow Load Test: Between January 23–25, 2026, this structure supported 11.5 inches of snow without any signs of stress, failure, or collapse. 2. The Wind Test: In July 2025, this structure withstood 70 mph wind gusts and 113°F temperatures without failure. 3. The Timeline Gap: The City postmarked my notice on January 16th. If an "imminent emergency" existed, the City would have acted "forthwith" as required by Section 109.1. Instead, they waited 26 days for a hearing. Conclusion: An "emergency" that waits 26 days is not an emergency; it is a clerical error and a violation of Oklahoma law and the 14th Amendment. I move that this board dismiss the "Emergency" designation as there is no evidence of imminent collapse.  BILLING SUMMARY Billing period: 11/25/25 to 12/29/25 Last payment credited $15.72 on 12/23/25 Balance $0.00 Current electric charges 14.93 Current taxes and fees 1.16 Current bill $16.09 Total amount due $16.09 MONTHLY USAGE ELECTRIC (kWh) The current billing period covers 35 days of service. Your average daily cost was $0.46 per day. Chart reflects your kWh usage over the past 3 months. Customer name: CALVIN NINNESS Service address: 601 E ELM AV WAYS TO PAY Online: OGE.com Text: Sign up for myOGEalerts at OGE.com Mail: OG&E, PO Box 24990 Oklahoma City, OK 73124 Call U.S. Payments: 877-306-9274 to pay by phone from your checking or savings account, or to pay by credit card. Processing fees will apply. Activation Code: 4462002 Next Meter Read: 1/28/26 Account # 133151093-1 Portion 20 *You can help those having trouble paying their utility bills by adding a few extra dollars to your bill payment. Make checks payable to OG&E PO Box 24990 Oklahoma City, OK 73124-0990 Statement ACCOUNT INFORMATION Customer Name CALVIN W NINNESS Service Address 601 E ELM AVE Account Number 516406-114517 Due Date 2/3/2026 SPECIAL MESSAGES If your phone number has changed, please update your information with Utility Services so they can contact you 580-234-0400 ext 1801. Mater # Prev Read Date Cur Read Date Reading Type Previous Current Consumption R114435108 12/03/2025 01/02/2026 Actual 0 0 0 ANNUAL CONSUMPTION COMPARISON Water Current Period Consumption Prior Year Consumption ACCOUNT ACTIVITY Previous Balance: 50.20 Payments - Thank You! -34.20 TRASH ADJUSTMENT RESIDENTIAL -16.00 Balance Forward: 0.00 Current Charges R114435108 Water RES (0) 13.04 Sewer RES (0) 13.05 Sewer IMP RES (0) 2.44 Stormwater RES (1) 5.73 Trash (1) 16.00 Total Current Charges 50.26 Total Amount Due: 50.26 KEEP THIS PORTION FOR YOUR RECORDS DETACH AND RETURN THIS REMITTANCE PORTION OF THE BILL WITH YOUR PAYMENT BALANCE FORWARD CURRENT CHARGES AMOUNT DUE ENCLOSED AMOUNT $ 0.00 $ 50.26 $ 50.26 CALVIN W NINNESS 601 E ELM AVE ENID, OK 73701-3302 Account Number: 516406-114517 Bill Date: 01/14/2026 Due Date: 02/03/2026 Payment Coupon Please include your Account Number on your check. Make checks payable to City of Enid DEPARTMENT OF FINANCE CITY OF ENID OKLAHOMA PO BOX 1768 ENID, OK 73702-1768 NOTICE TO VACATE IMMEDIATELY THIS STRUCTURE IS DEEMED UNSAFE FOR OCCUPANCY AND IT IS UNLAWFUL FOR ANY PERSON TO OCCUPY OR RESIDE IN THIS STRUCTURE UNDER SECTION 109 OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2015 EDITION DATE: 1-16-2026 REMOVING OR DEFACING THIS NOTICE IS PROHIBITED AND IS IN VIOLATION OF SECTION 137.4 OF THE International Property Maintenance Code 2015 Edition City of Enid CODE DEPARTMENT 580-616-7221  [Image of a broken window] [Image of a damaged area on the wall] 1 YR 1/2 months raspody Standing in my strawberry patch FOR THE RECORD: NOTICE OF AUTOMATIC STAY & DAMAGES TO: Daryl Kendall (Agent) / City of Enid (Principal) FROM: Calvin Ninness, 601 East Elm NOTICE TO AGENT IS NOTICE TO PRINCIPAL; NOTICE TO PRINCIPAL IS NOTICE TO AGENT. AUTOMATIC STAY: I am invoking the AUTOMATIC STAY per 11 O.S. § 11-44-110. STATUTORY DEFECT: This hearing is void. The 26-day notice (Postmarked Jan 16) violates the mandatory 30-day statutory limit. LIABILITY ITEMIZATION (As of Feb 11, 2026): $5,000.00 – Initial Contract Loss. $104,000.00 – Accrued Damages (26 Days @ $4,000/day). TOTAL DUE: $109,000.00 (Plus $4,000/day until placard removal). 15-MINUTE DEMAND: Failure to authorize placard removal within 15 minutes of service confirms willful malice. RESERVATION: Without Prejudice UCC 1-308. All rights reserved. AFFIANT’S SIGNATURE: VERIFICATION / JURAT STATE OF OKLAHOMA, COUNTY OF GARFIELD Subscribed and sworn to before me this 1C day of February, 2026, by Calvin Ninness. NOTARY PUBLIC (Commission Expires: 3-1-2046) (Seal) EXHIBIT 3 B STAY