Peoples Bank v. Michael Fourkiller, as Personal Representative of the Estate of Joann Fourkiller, Deceased

IN THE DISTRICT COURT WITHIN AND FOR ADAIR COUNTY STATE OF OKLAHOMA PEOPLES BANK, ) Plaintiff, ) vs. ) MICHAEL FOURKILLER, AS ) PERSONAL REPRESENTATIVE OF ) THE ESTATE OF JOANN ) FOURKILLER, DECEASED; ) MICHAEL FOURKILLER, ANNETTE ) FOURKILLER, DENA GALLARDO, ) ZACHERY JAMES; ) CHARLES K. WILKERSON and ) KATHERINE E. WILKERSON, if living, ) and their respective spouses, if any, ) and in the alternative their unknown ) successors, if deceased; ) AND ) NORTHWEST ARKANSAS ) HOSPITALS, LLC D/B/A ) NORTHWEST MEDICAL CENTER, ) Defendants. Case No. CJ-2020-17 PETITION TO FORECLOSE MORTGAGE The Plaintiff, Peoples Bank, for its cause of action against the Defendants, alleges and states: 1. This is an action to foreclose a mortgage upon real property located in Adair County, State of Oklahoma, and this Court has jurisdiction of the subject matter and the parties. 2. On or about the 20th day of November 2014, Joann Fourkiller, for good and valuable consideration, made, executed and delivered to Peoples Bank a certain Commercial Promissory Note, promising and agreeing to pay the sum of $43,890.98 with a variable interest with a current rate of 7.000% per annum on the unpaid balance, to be paid in monthly installments, including principal and interest, as set forth in the Commercial Promissory Note, continuing on the same day of each succeeding month thereafter, until all of said principal and interest has paid in full. A copy of said Commercial Promissory Note is attached hereto, marked Exhibit "A", and incorporated by reference. 3. On the same date, and as part and parcel of the same transaction in which said Commercial Promissory Note was given, and for the purpose of securing the payment of said Commercial Promissory Note and all of the indebtedness evidenced thereby, Joanna Fourkiller being then and there the owner of the fee simple title of record of the property hereinafter described, made executed, and delivered to Peoples Bank, a Commercial Real Estate Mortgage, encumbering the following real property located in Adair County, Oklahoma, to-wit: All of the E 1/2 of SE 1/4 of SW 1/4 lying South of County Road and the E 1/2 of NW 1/4 of SE 1/4 of SW 1/4 in Section 11, Township 17 North, Range 25 East LESS AND EXCEPT: The E 1/2 of NW 1/4 of SE 1/4 of SW 1/4, lying and being North of the County Road, in Section 11, Township 17 North, Range 25 East AND That portion of the North 792.0 feet of the W 1/2 SW SE, lying South of County Road, in Section 11, Township 17 North, Range 25 East. LESS AND EXCEPT: A tract of land in the NW SW SE of Section 11, Township 17 North, Range 25 East, more particularly described as commencing at the NE corner of the W 1/2 SW SE of said Section 11; thence S 00° 01'04" W a distance of 200.78 feet to the centerline of the existing County Roadway for the true point of beginning; thence S 00° 01'04" W a distance of 281.67 feet; thence N 58° 37'30" W a distance of 133.08 feet; thence N 03° 41' 34" E a distance of 225.76 feet to the centerline of said roadway; thence S 82° 35' 20" E a distance of 100.00 feet to the true point of beginning. Said Commercial Real Estate Mortgage was duly executed and acknowledged according to law, dated the 20th of November 2014, and after mortgage tax was paid thereon, the Commercial Real Estate Mortgage was filed for record in the office of the County Clerk of Adair County, State of Oklahoma, on the 21st day of November 2014, and duly recorded in that office in Book 508 at pages 832-836. A true and correct copy of the Commercial Real Estate Mortgage is attached hereto, marked Exhibit "B" and incorporated herein by reference. 4. On or about the 23rd day of September 2015, Joann Fourkiller, for good and valuable consideration, made, executed and delivered to Peoples Bank a certain Extension Agreement modifying the above described Commercial Promissory Note. A copy of said Extension Agreement is attached hereto, marked Exhibit “C”, and incorporated by reference. 5. On or about the 26th day of July 2016, Joann Fourkiller, for good and valuable consideration, made, executed and delivered to Peoples Bank a certain Extension Agreement modifying the above described Commercial Promissory Note. A copy of said Extension Agreement is attached hereto, marked Exhibit “D”, and incorporated by reference. 6. That on or about the 21st day of October 2018, Joann Fourkiller died in Stilwell, County of Adair, State of Oklahoma. That since her death a probate case has been filed in the District Court for Adair County, State of Oklahoma, Case No. PB-2019-8, entitled In the Matter of the Estate of JOANN FOURKILLER, Deceased, wherein Michael Fourkiller was appointed Personal Representative of said estate and the heirs were determined to be Defendants MICHAEL FOURKILLER, ANNETTE FOURKILLER, DENA GALLARDO and ZACHERY JAMES. 7. By the terms and conditions of said Commercial Promissory Note and Commercial Real Estate Mortgage it is specifically provided that in the event of default in the payment of any installment due under said Commercial Promissory Note and Commercial Real Estate Mortgage, the entire amount outstanding, less unearned interest, shall at once become due and payable at the option of the Commercial Promissory Note holder. 8. Plaintiff further states that payment was due, on July 25, 2019, according to the terms of said Commercial Promissory Note as modified, which said payment has not been made; the subsequent payments due on said Commercial Promissory Note have not been paid, and Plaintiff has elected to declare the entire balance due and payable; and there is now due on said Commercial Promissory Note the sum of $37,489.97 in principal and accrued interest through January 28, 2020, with interest accruing thereafter at the rate of 7.00% per annum at a per diem of $6.96 from January 29, 2020, until paid, as provided in said Commercial Promissory Note. Plaintiff has demanded the payment of the same, but Defendants, have failed, refused, and neglected to pay such amounts due. 8. Plaintiff further states that by reason of the default, the conditions of said Commercial Promissory Note and Commercial Real Estate Mortgage have been broken; that the whole amount of the indebtedness thereby secured has matured and is now due and payable, together with interest thereon. By reason of the default aforesaid, Plaintiff has been required to pay various charges and expenses such as abstracting, insurance, taxes, fees and property preservation, and will be required to pay other expenses during the pendency of this action, and Plaintiff, as provided on the Commercial Promissory Note and Commercial Real Estate Mortgage, is entitled to reimbursement for these items and the costs of the suit and of collection and to an attorney’s fee. 9. Joann Fourkiller was a single person at the time of her death. 10. The following Defendants, claim or may claim some right, title, lien, estate, encumbrance, claim, assessment or interest in and to the real property involved herein, as set forth below, but any right, title or interest claimed by said Defendants are subordinate and inferior to the mortgage liens claimed by the Plaintiff, and said Defendants should appear herein and assert said interest so that it may be determined or be forever barred from claiming any right in and to said real property, to-wit: a. The Defendant MICHAEL FOURKILLER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOANN FOURKILLER, DECEASED, on behalf of and by virtue of his appointment as personal representative of and for the estate of Joann Fourkiller, the deceased debtor. b. The Defendants, MICHAEL FOURKILLER, ANNETTE FOURKILLER, DENA GALLARDO and ZACHERY JAMES, by virtue of being heirs of Joann Fourkiller, deceased. c. The Defendants, CHARLES K. WILKERSON and KATHERINE E. WILKERSON, if living, and their respective spouses, if any, and in the alternative their unknown successors, if deceased, by virtue of Contract of Deed, recorded in the office of the Adair County Clerk on January 15, 2010 in Book 461 at Pages 382-393. A copy of said Contract of Deed is attached hereto, marked Exhibit “E”, and incorporated by reference. c. The Defendants, NORTHWEST ARKANSAS HOSPITALS, LLC D/B/A NORTHWEST MEDICAL CENTER by virtue of Statement of Judgment, recorded in the office of the Adair County Clerk on January 9, 2017 in Book 530 at Page 647. A copy of said Statement of Judgment is attached hereto, marked Exhibit “F”, and incorporated by reference. WHEREFORE, having fully plead, the Plaintiff prays for judgment in-personam against Defendant, MICHAEL FOURKILLER AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOANN FOURKILLER, DECEASED, and judgment in-rem against all Defendants, as follows: Principal and accrued interest through January 28, 2020: $37,489.97 Interest accruing thereafter at 7.00% per annum a per diem rate of $6.96 from January 29, 2020: Late fees and other charges: $ 373.14 and a judgment for all sums advanced by the Plaintiff for taxes, insurance and for expenses necessary for the preservation of the subject property, a reasonable attorney's fee; and for all the costs of this action, accrued and accruing, including but not limited to, abstracting expenses, upon the above-described real property. Plaintiff further prays that Plaintiff's Commercial Real Estate Mortgage be foreclosed and the Commercial Real Estate Mortgage be adjudged to be a valid First Mortgage lien upon the above-described real property superior to the interest of the Defendants herein named, subject to any taxes owed to the Adair County Treasurer; that an order for sale issue commanding the Sheriff of Adair County, Oklahoma, to advertise and sell as upon execution the real property described above, with appraisement, and that the premises be sold and the proceeds be applied to the payment of: (1) all costs, (2) the judgment of the Plaintiff, and (3) the balance, if any be remaining, be paid into this Court to await the further order of this Court. Plaintiff further prays that the Defendants and all persons claiming under the Defendants since the filing of this Petition, be thereupon barred, restrained and enjoined from having or asserting any right, title or interest or rights of redemption in or against the real property, and that a writ of assistance issue, and for such other and further relief as may be proper and equitable in the premises. Peoples Bank, Plaintiff JOE D. ADAIR & ASSOCIATES, P.C. By: Joe D. Adair, OBA# 11744 400 W. Division Stilwell, OK 74960-0387 (918) 696-2172 ATTORNEY FOR PLAINTIFF COMMERCIAL PROMISSORY NOTE People's Bank P.O. Box 390 Westville, Oklahoma 74965 (918)723-5453 <table> <tr> <th>LOAN NUMBER</th> <th>NOTE DATE</th> <th>PRINCIPAL AMOUNT</th> <th>LOAN TERM</th> <th>MATURITY DATE</th> </tr> <tr> <td>220056</td> <td>November 20, 2014</td> <td>$43,890.98</td> <td>180 months</td> <td>November 25, 2029</td> </tr> </table> LOAN PURPOSE: Consolidate/Lower Payments BORROWER INFORMATION JOANN FOURKILLER RR 2 BOX 232 Westville, OK 74965-0000 NOTE. This Commercial Promissory Note will be referred to in this document as the "Note." LENDER. "Lender" means Peoples Bank whose address is P.O. Box 390, Westville, Oklahoma 74965 , its successors and assigns. BORROWER. "Borrower" means each person or legal entity who signs this Note. PROMISE TO PAY. For value received, receipt of which is hereby acknowledged, on or before the Maturity Date, the Borrower promises to pay the principal amount of Forty-three Thousand Eight Hundred Ninety and 98/100 Dollars ($43,890.98) and all interest on the outstanding principal balance and any other charges, including service charges, to the order of Lender at its office at the address noted above or at such other place as Lender may designate in writing. The Borrower will make all payments in lawful money of the United States of America. PAYMENT SCHEDULE. This Note will be paid according to the following schedule: 179 consecutive payments of principal and interest beginning on December 25, 2014 and continuing on the same day of each month thereafter. The payment will be in the amount of $352.83. This will be followed by 1 payment of principal and interest on November 25, 2029. The effect of an interest rate change on payments is described in the section "INTEREST RATE AND SCHEDULED PAYMENT CHANGES" below. The unpaid principal balance of this Note, together with all accrued interest and charges owing in connection therewith, shall be due and payable on the Maturity Date. All payments received by the Lender from the Borrower for application to this Note may be applied to the Borrower's obligations under this Note in such order as determined by the Lender. INTEREST RATE AND SCHEDULED PAYMENT CHANGES. Interest will begin to accrue on the date of this Note. The initial variable interest rate on this Note will be 5.250% per annum. This interest rate may change on November 20, 2015, and on the same day of each year thereafter. Each date on which the interest rate may change is called the "Change Date." Beginning with the first Change Date, Lender will calculate the new interest rate based on Prime Rate as published in the Wall Street Journal in effect 25 days prior to the Change Date (the "Index") plus 2,000 percentage points (the "Margin"). If the Index is not available at that time, Lender will choose a new Index which is based on comparable information. The Index is used solely to establish a base from which the actual rate of interest payable under this Note will be calculated, and is not a reference to any actual rate of interest charged by any lender to any particular borrower. The interest rate will never be less than 5.250%. Nothing contained herein shall be construed as to require the Borrower to pay interest at a greater rate than the maximum allowed by law. If, however, from any circumstances, Borrower pays interest at a greater rate than the maximum allowed by law, the obligation to be fulfilled will be reduced to an amount computed at the highest rate of interest permissible under applicable law and if, for any reason whatsoever, Lender ever receives interest in an amount which would be deemed unlawful under applicable law, such interest shall be automatically applied to amounts owed, in Lender's sole discretion, or as otherwise allowed by applicable law. An increase in the interest rates will result in change in payments. Interest on this Note is calculated on a 365/365 day basis (366/366 in a leap year). The unpaid balance of this loan after Maturity, whether by acceleration or otherwise, shall be subject to a post-maturity rate of interest equal to the same fixed or variable rate basis in effect before maturity. DELINQUENCY CHARGES: To the extent permitted by law, if any payment required by this Note is not paid in full within 10 days after its scheduled due date, the holder may assess a delinquency charge in an amount which is the greater of $50.00 or 5.00% of the unpaid amount of the payment. Debtor agrees that as permitted by law, the delinquency charge, either the minimum charge and/or the percentage charge, may increase to an amount greater than that applicable and disclosed at the inception of this Note. If a delinquency charge is not permitted by law at the time a payment becomes delinquent, Lender's failure to impose the charge is not a waiver of Lender's right to impose the charge, without notice, if the charge is later permitted by law. PREPAYMENT PENALTY. This Note may be prepaid, in full or in part, at any time, without penalty. SECURITY TO NOTE. Security (the "Collateral") for this Note is granted pursuant to the following security document(s): • Security Instrument (Mortgage/Deed of Trust/Security Deed) in the amount of $43,890.98, dated November 20, 2014, executed by JOANN FOURKILLER, evidencing a lien on the property located at Route 2 Box 232 Westville OK 74965. RIGHT OF SET-OFF. To the extent permitted by law, Borrower agrees that Lender has the right to set-off any amount due and payable under this Note, whether matured or unmatured, against any amount owing by Lender to Borrower including any or all of Borrower's accounts with Lender. This shall include all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. Such right of set-off may be exercised by Lender against Borrower or against any assignee for the benefit of creditors, receiver, or execution, judgment or attachment creditor of Borrower, or against anyone else claiming through or against Borrower or such assignee for the benefit of creditors, receiver, or execution, judgment or attachment creditor, notwithstanding the fact that such right of set-off has not been exercised by Lender prior to the making, filing or issuance or service upon Lender of, or of notice of, assignment for the benefit of creditors, appointment or application for the appointment of a receiver, or issuance of execution, subpoena or order or warrant. Lender will not be liable for the dishonor of any check when the dishonor occurs because Lender set-off a debt against Borrower's account. Borrower agrees to hold Lender harmless from any claim arising as a result of Lender exercising Lender's right to set-off. RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, mortgages, deeds of trust, deeds to secure debt, business loan agreements, construction loan agreements, resolutions, guaranties, environmental agreements, subordination agreements, assignments and any other documents or agreements executed in connection with this Note whether now or hereafter existing, including any modifications, extensions, substitutions or renewals or any of the foregoing. The Related Documents are hereby made a part of this Note by reference therein, with the same force and effect as if fully set forth herein. DEFAULT. Upon the occurrence of any one of the following events (each, an "Event of Default" or "default" or "event of default"), Lender's obligations, if any, to make any advances will, at Lender's option, immediately terminate and Lender, at its option, may declare all indebtedness of Borrower to Lender under this Note immediately due and payable without further notice of any kind notwithstanding anything to the contrary in this Note or any other agreement: (a) Borrower's failure to make any payment on time or in the amount due; (b) any default by Borrower under the terms of this Note or any other Related Documents executed in connection with this Note; (c) any default by Borrower under the terms of any Related Documents in favor of Lender; (d) the death, dissolution, or termination of existence of Borrower or any guarantor; (e) Borrower is not paying Borrower's debts as such debts become due; (f) the commencement of any proceeding under bankruptcy or insolvency laws by or against Borrower or any guarantor or the appointment of a receiver; (g) any default under the terms of any other indebtedness of Borrower to any other creditor; (h) any writ of attachment, garnishment, execution, tax lien or similar instrument is issued against any collateral securing the loan, if any, or any of Borrower's property or any judgment is entered against Borrower or any guarantor; (i) any part of Borrower's business is sold to or merged with any other business, individual, or entity; (j) any representation or warranty made by Borrower to Lender in any of the Related Documents or any financial statement delivered to Lender proves to have been false in any material respect as of the time when made or given; (k) if any guarantor, or any other party to any Related Documents in favor of Lender entered into or delivered in connection with this Note terminates, attempts to terminate or defaults under any such Related Documents; (l) Lender has deemed itself insolvent or there has been a material adverse change of condition of the financial prospects of Borrower or any collateral securing the obligations owing to Lender by Borrower. Upon the occurrence of an event of default, Lender may pursue any remedy available under any Related Document, at law or in equity. GENERAL WAIVERS. To the extent permitted by law, the Borrower severally waives any required notice of presentment, demand, acceleration, intent to accelerate, protest and any other notice and defense due to extensions of time or other indulgence by Lender or to any substitution or release of collateral. No failure or delay on the part of Lender, and no course of dealing between Borrower and Lender, shall operate as a waiver of such power or right, nor shall any single or partial exercise of any power or right preclude other or further exercise thereof or the exercise of any other power or right. JOINT AND SEVERAL LIABILITY. If permitted by law, each Borrower executing this Note is jointly and severally bound. SEVERABILITY. If a court of competent jurisdiction determines any term or provision of this Note is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent required. Any term or provision that has been determined to be invalid or prohibited will be severed from the rest of this Note without invalidating the remainder of either the affected provision or this Note. SURVIVAL. The rights and privileges of the Lender hereunder shall inure to the benefits of its successors and assigns, and this Note shall be binding on all heirs, executors, administrators, assigns and successors of Borrower. ASSIGNABILITY. Lender may assign, pledge or otherwise transfer this Note or any of its rights and powers under this Note without notice, with all or any of the obligations owed to Lender by Borrower, and in such event the assignee shall have the same rights as if originally named herein in place of Lender. Borrower may not assign this Note or any benefit accruing to it hereunder without the express written consent of the Lender. ORAL AGREEMENTS DISCLAIMER. This Note represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. GOVERNING LAW. This Note is governed by the laws of the state of Oklahoma except to the extent that federal law controls. HEADING AND GENDER. The headings preceding text in this Note are for general convenience in identifying subject matter, but have no limiting impact on the text which follows any particular heading. All words used in this Note shall be construed to be of such gender or number as the circumstances require. ATTORNEYS' FEES AND OTHER COSTS. If legal proceedings are instituted to enforce the terms of this Note, Borrower agrees to pay all costs of the Lender in connection therewith, including reasonable attorneys' fees, to the extent permitted by law. WAIVER OF JURY TRIAL. All parties to this Note hereby knowingly and voluntarily waive, to the fullest extent permitted by law, any right to trial by jury of any dispute, whether in contract, tort, or otherwise, arising out of, in connection with, related to, or incidental to the relationship established between them in this Note or any other instrument, document or agreement executed or delivered in connection with this Note or the Related Documents. By signing this Note, Borrower acknowledges reading, understanding, and agreeing to all its provisions and receipt hereof. [Signature] (Seal) JOANN FOURKILLER Date 11-20-14 Individually LENDER: Peoples Bank [Signature] (Seal) 11/20/14 By: Casey Brown Date Its: Asst. Vice-President (COMMERCIAL REAL ESTATE MORTGAGE This COMMERCIAL REAL ESTATE MORTGAGE ("Security Instrument") is made on November 20, 2014 between the mortgagor(s) JOANN FOURKILLER, A single person, whose address is RR 2 BOX 232, Westville, Oklahoma 74965-0000 ("Mortgagor"), and Peoples Bank whose address is P.O. Box 390, Westville, Oklahoma 74965 ("Lender"), which is organized and existing under the laws of the State of Oklahoma. Mortgagor in consideration of loans extended by Lender up to a maximum principal amount of Forty-three Thousand Eight Hundred Ninety and 98/100 Dollars (U.S. $43,890.98) ("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of which is acknowledged, hereby mortgages, grants and conveys to Lender, its successors and assigns, forever, with power of sale, the following described property located in the County of Adair, State of Oklahoma: Address: Route 2, Westville, Oklahoma 74965 Legal Description: All of the E 1/2 of SE 1/4 of SW 1/4 lying South of County Road and the E 1/2 of NW 1/4 of SE 1/4 of SW 1/4 in Section 11, Township 17 North, Range 25 East LESS AND EXCEPT: The E 1/2 of NW 1/4 of SE 1/4 of SW 1/4, lying and being North of the County Road, in Section 11, Township 17 North, Range 25 East AND That portion of the North 792.0 feet of the W 1/2 SW SE, lying South of County Road, in Section 11, Township 17 North, Range 25 East, LESS AND EXCEPT: A tract of land in the NW SW SE of Section 11, Township 17 North, Range 25 East, more particularly described as commencing at the NE corner of the W 1/2 SW SE of said Section 11; thence S 00° 01' 04'' W a distance of 200.78 feet to the centerline of the existing County Roadway for the true point of beginning; thence S 00° 01' 04'' W a distance of 231.67 feet; thence N 58° 37' 30'' W a distance of 133.08 feet; thence N 03° 41' 34'' E a distance of 225.76 feet to the centerline of said roadway; thence S 82° 35' 20'' E a distance of 100.00 feet to the true point of beginning. (Loan #220056 secured by this mortgage is not assumable without the consent of the holder.) Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above-described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites, storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in connection with the above-described real property, payment awards, amounts received from eminent domain, amounts received from any and all insurance payments, and timber which may now or later be located, situated, or affixed on and used in connection therewith (hereinafter called the "Property"). RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, prior mortgages, prior deeds of trust, prior deeds to secure debt, business loan agreements, construction loan agreements, resolutions, guarantees, environmental agreements, subordination agreements, assignments of leases and rents and any other documents or agreements executed in connection with this Instrument, whether now or hereafter existing, including any modifications, extensions, substitutions or renewals of any of the foregoing. The Related Documents are hereby made a part of this Security Instrument by reference thereto, with the same force and effect as if fully set forth herein. INDEBTEDNESS. This Security Instrument secures the principal amount shown above as may be evidenced by a promissory note or notes of even, prior or subsequent date hereto, including future advances and every other indebtedness of any and every kind now or hereafter owing from JOANN FOURKILLER to Peoples Bank, howsoever created or arising, whether primary, secondary or contingent, together with any interest or charges provided in or arising out of such indebtedness, as well as the agreements and covenants of this Security Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness"). MATURITY DATE. The Indebtedness, if not paid earlier, shall be due on November 25, 2029. FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as if such advances were made on the date of this Security Instrument regardless of the fact that from time to time there may be no balance due under the note and regardless of whether Lender is obligated to make such future advances. CROSS COLLATERALIZATION. It is the expressed intent of Mortgagor to cross collateralize all of its Indebtedness and obligations to Lender, howsoever arising and whensover incurred, except any obligation existing or arising against the principal dwelling of any Mortgagor. WARRANTIES. Mortgagor, for itself, its heirs, personal representatives, successors, and assigns, represents, warrants, covenants and agrees with Lender, its successors and assigns, as follows: Performance of Obligations. Mortgagor promises to perform all terms, conditions, and covenants of this Security Instrument and Related Documents in accordance with the terms contained therein. Defense and Title to Property. At the time of execution and delivery of this instrument, Mortgagor is lawfully seized of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey and assign the Property. Mortgagor covenants that the Property is unencumbered and free of all liens, except for encumbrances of record acceptable to Lender. Further, Mortgagor covenants that Mortgagor will warrant and defend generally the title to the Property against any and all claims and demands whatsoever, subject to the easements, restrictions, or other encumbrances of record acceptable to Lender, as may be listed in the schedule of exceptions to coverage in any abstract of title or title insurance policy insuring Lender's interest in the Property. Condition of Property. Mortgagor promises at all times to preserve and to maintain the Property and every part thereof in good repair, working order, and condition and will from time to time, make all needful and proper repairs so that the value of the Property shall not in any way be impaired. Removal of any Part of the Property. Mortgagor promises not to remove any part of the Property from its present location, except for replacement, maintenance and relocation in the ordinary course of business. Alterations to the Property. Mortgagor promises to abstain from the commission of any waste on or in connection with the Property. Further, Mortgagor shall make no material alterations, additions or improvements of any type whatsoever to the Property, regardless of whether such alterations, additions or improvements would increase the value of the Property, nor permit anyone to do so except for tenant improvements and completion of items pursuant to approved plans and specifications, without Lender's prior written consent, which consent may be withheld by Lender in its sole discretion. Mortgagor will comply with all laws and regulations of all public authorities having jurisdiction over the Property including, without limitation, those relating to the use, occupancy and maintenance thereof and shall upon request promptly submit to Lender evidence of such compliance. Due on Sale - Lender's Consent. Mortgagor shall not sell, further encumber or otherwise dispose of, except as herein provided, any or all of its interest in any part of or all of the Property without first obtaining the written consent of Lender. If any encumbrance, lien, transfer or sale or agreement for these is created, Lender may declare immediately due and payable, the entire balance of the Indebtedness. Insurance. Mortgagor promises to keep the Property insured against such risks and in such form as may within the sole discretion of Lender be acceptable, causing Lender to be named as loss payee or if requested by Lender, as mortgagee. The insurance company shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. All insurance policies must provide that Lender will get a minimum of 10 days notice prior to cancellation. At Lender's discretion, Mortgagor may be required to produce receipts of paid premiums and renewal policies. If Mortgagor fails to obtain the required coverage, Lender may do so at Mortgagor's expense. Mortgagor hereby directs each and every insurer of the Property to make payment of loss to Lender with the proceeds to be applied, only at Lender's option, to the repair and replacement of the damaged or lost or to be applied to the Indebtedness with the surplus, if any, to be paid by Lender to Mortgagor. Payment of Taxes and Other Applicable Charges. Mortgagor promises to pay and to discharge liens, encumbrances, taxes, assessments, lease payments and any other charges relating to the Property when levied or assessed against Mortgagor or the Property. Environmental Laws and Hazardous or Toxic Materials. Mortgagor and every tenant have been, are presently and shall continue to be in strict compliance with any applicable local, state and federal environmental laws and regulations. Further, neither Mortgagor nor any tenant shall manufacture, store, handle, discharge or dispose of hazardous or toxic materials as may be defined by any state or federal law on the Property, except to the extent the existence of such materials has been presently disclosed in writing to Lender. Mortgagor will immediately notify Lender in writing of any assertion or claim made by any party as to the possible violation of applicable state and federal environmental laws including the location of any hazardous or toxic materials on or about the Property. Mortgagor indemnifies and holds Lender harmless from, without limitation, any liability or expense of whatsoever nature incurred directly or indirectly out of or in connection with: (a) any environmental laws affecting all or any part of the Property or Mortgagor; (b) the past, present or future existence of any hazardous materials in, on, under, about, or emanating from or passing through the Property or any part thereof or any property adjacent thereto; (c) any past, present or future hazardous activity at or in connection with the Property or any part thereof; and (d) the noncompliance by Mortgagor or Mortgagor's failure to comply fully and timely with environmental laws. Financial Information. Mortgagor agrees to supply Lender such financial and other information concerning its affairs and the status of any of its assets as Lender, from time to time, may reasonably request. Mortgagor further agrees to permit Lender to verify accounts as well as to inspect, copy and to examine the books, records and files of Mortgagor. Lender's Right to Enter. Lender or Lender's agents shall have the right and access to inspect the Property at all reasonable times in order to attend to Lender's interests and ensure compliance with the terms of this Security Instrument. If the Property, or any part thereof, shall require inspection, repair or maintenance which Mortgagor has failed to provide, Lender, after reasonable notice, may enter upon the Property to effect such obligation; and the cost thereof shall be added to the Indebtedness and paid on Lender's demand by Mortgagor. ASSIGNMENT OF LEASES AND RENTS. As additional security for the payment of the Indebtedness and the performance of the covenants contained herein, Mortgagor hereby assigns and transfers over to Lender all rents, income and profits ("Rents") under any present or future leases, subleases or licenses of the Property, including any guaranties, extensions, amendments or renewals thereof, from the use of the Property. So long as Mortgagor is not in default, Mortgagor may receive, collect and enjoy all Rents accruing from the Property, but not more than one month in advance of the due date. Lender may also require Mortgagor, tenant and any other user of the Property to make payments of Rents directly to Lender. However, by receiving any such payments, Lender is not, and shall not be considered, an agent for any party or entity. Any amounts collected may, at Lender's sole discretion, be applied to protect Lender's interest in the Property, including but not limited to the payment of taxes and insurance premiums and to the Indebtedness. At Lender's sole discretion, all leases, subleases and licenses must first be approved by Lender. CONDEMNATION. Mortgagor shall give Lender notice of any action taken or threatened to be taken by private or public entities to appropriate the Property or any part thereof, through condemnation, eminent domain or any other action. Further, Lender shall be permitted to participate or intervene in any of the above described proceedings in any manner it shall at its sole discretion determine. Lender is hereby given full power, right and authority to receive and receipt for any and all damages awarded as a result of the full or partial taking or appropriation and in its sole discretion, to apply said awards to the Indebtedness, whether or not then due or otherwise in accordance with applicable law. Unless Lender otherwise agrees in writing, any application of proceeds to the Indebtedness shall not extend or postpone the due date of the payments due under the Indebtedness or change the amount of such payments. MORTGAGOR'S ASSURANCES. At any time, upon a request of Lender, Mortgagor will execute and deliver to Lender, and if appropriate, cause to be recorded, such further mortgages, assignments, assignments of leases and rents, security agreements, pledges, financing statements, or such other documents as Lender may require, in Lender's sole discretion, to effectuate, complete and to perfect as well as to continue to preserve the Indebtedness, or the lien or security interest created by this Security Instrument. ATTORNEY-IN-FACT. Mortgagor appoints Lender as attorney-in-fact on behalf of Mortgagor. If Mortgagor fails to fulfill any of Mortgagor's obligations under this Security Instrument or any Related Documents, including those obligations mentioned in the preceding paragraph, Lender as attorney-in-fact may fulfill the obligations without notice to Mortgagor. This power of attorney shall not be affected by the disability of the Mortgagor. EVENTS OF DEFAULT. The following events shall constitute default under this Security Instrument (each an "Event of Default"): (a) Failure to make required payments when due under Indebtedness; (b) Failure to perform or keep any of the covenants of this Security Instrument or a default under any of the Related Documents; (c) The making of any oral or written statement or assertion to Lender that is false or misleading in any material respect by Mortgagor or any person obligated on the Indebtedness; (d) The death, dissolution, insolvency, bankruptcy or receivership proceeding of Mortgagor or of any person or entity obligated on the Indebtedness; (e) Any assignment by Mortgagor for the benefit of Mortgagor's creditors; (f) A material adverse change occurs in the financial condition, ownership or management of Mortgagor or any person obligated on the Indebtedness; or (g) Lender deems itself insecure for any reason whatsoever. REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default, Lender may, without demand or notice, pay any or all taxes, assessments, premiums, and items required to be paid by Mortgagor, effect any insurance provided for herein, make such repairs, cause the abstracts of title or title insurance policy and tax histories of the Property to be certified to date, or procure new abstracts of title or title insurance and tax histories in case none were furnished to it, and procure title reports covering the Property, including surveys. The amounts paid for any such purposes will be added to the Indebtedness and will bear interest at the rate of interest otherwise accruing on the Indebtedness until paid. In the event of foreclosure, the abstracts of title or title insurance shall become the property of Lender. All abstracts of title, title insurance, tax histories, surveys, and other documents pertaining to the Indebtedness will remain in Lender's possession until the Indebtedness is paid in full. IN THE EVENT OF THE SALE OF THIS PROPERTY UNDER THE PROCEDURE FOR FORECLOSURE OF A SECURITY INSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN THE EVENT LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND RENTS, THE MORTGAGOR HEREBY WAIVES ANY RIGHT TO ANY NOTICE OTHER THAN THAT PROVIDED FOR SPECIFICALLY BY STATUTE, OR TO ANY JUDICIAL HEARING PRIOR TO SUCH SALE OR OTHER EXERCISE OF RIGHTS. Upon the occurrence of an Event of Default, Lender may, without notice unless required by law, and at its option, declare the entire Indebtedness due and payable, as it may elect, regardless of the date or dates of maturity thereof and, if permitted by state law, is authorized and empowered to cause the Property to be sold at public auction, and to execute and deliver to the purchaser or purchasers at such sale any deeds or conveyances good and sufficient at law, pursuant to the statute in such case made and provided, and out of the proceeds of the sale to retain the sums then due hereunder and all costs and charges of the sale, including attorneys' fees, rendering any surplus to the party or parties entitled to it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide notice of sale pursuant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree for the foreclosure hereof may, at the option of Lender, be made on mesne. The commencement of proceedings to foreclose this Security Instrument in any manner authorized by law shall be deemed as exercise of the above option. Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the powers as the court making the appointments confers. Mortgagor hereby irrevocably consents to such appointment and waives notice of any application therefor. NO WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall affect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise of any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this Security Instrument shall be deemed to constitute a course of conduct inconsistent with Lender's right at any time, before or after an event of default, to demand strict adherence to the terms of this Security Instrument and the Related Documents. JOINT AND SEVERAL LIABILITY. If this Security Instrument should be signed by more than one person, all persons executing this Security Instrument agree that they shall be jointly and severally bound, where permitted by law. SURVIVAL. Lender's rights in this Security Instrument will continue in its successors and assigns. This Security Instrument is binding on all heirs, executors, administrators, assignees and successors of Mortgagor. NOTICES AND WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice or demand given by Lender to any party is considered effective: (i) when it is deposited in the United States Mail with the appropriate postage; (ii) when it is sent via electronic mail; (iii) when it is sent via facsimile; (iv) when it is deposited with a nationally recognized overnight courier service; (v) on the day of personal delivery; or (vi) any other commercially reasonable means. Any such notice shall be addressed to the party given at the beginning of this Security Instrument unless an alternative address has been provided to Lender in writing. To the extent permitted by law, Mortgagor waives notice of Lender's acceptance of this Security Instrument, defenses based on suretyship, any defense arising from any election by Lender under the United States Bankruptcy Code, Uniform Commercial Code, as enacted in the state where Lender is located or other applicable law or in equity, demand, notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor and any other notice. TO THE EXTENT PERMITTED BY LAW, MORTGAGOR WAIVES ANY RIGHT TO NOTICE, OTHER THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING, JUDICIAL OR OTHERWISE, PRIOR TO LENDER EXERCISING ITS RIGHTS UNDER THIS SECURITY INSTRUMENT. NOTICE TO MORTGAGOR. A power of sale has been granted in this Instrument. A power of sale may allow Lender to take the Property and sell it without going to court in a foreclosure action upon default by Borrower under this Instrument. WAIVER OF APPRAISEMENT. Appraisement of the Property is hereby waived at Lender's option, which shall be exercised at the time judgment is rendered in any foreclosure hereof. LENDER'S EXPENSES. Mortgagor agrees to pay all expenses incurred by Lender in connection with enforcement of its rights under the Indebtedness, this Security Instrument or in the event Lender is made party to any litigation because of the existence of the Indebtedness or this Security Instrument, as well as court costs, collection charges and reasonable attorneys' fees and disbursements. ASSIGNABILITY. Lender may assign or otherwise transfer this Security Instrument or any of Lender's rights under this Security Instrument without notice to Mortgagor. Mortgagor may not assign this Security Instrument or any part of the Security Instrument without the express written consent of Lender. GOVERNING LAW. This Security Instrument will be governed by the laws of the State of Oklahoma including all proceedings arising from this Security Instrument. SEVERABILITY. If a court of competent jurisdiction determines any term or provision of this Security Instrument is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent required. Any term or provision that has been determined to be invalid or prohibited will be severed from the rest of the Security Instrument without invalidating the remainder of either the affected provision or this Security Instrument. WAIVER OF JURY TRIAL. All parties to this Security Instrument hereby knowingly and voluntarily waive, to the fullest extent permitted by law, any right to trial by jury of any dispute, whether in contract, tort, or otherwise, arising out of, in connection with, related to, or incidental to the relationship established between them in this Security Instrument or any other instrument, document or agreement executed or delivered in connection with this Security Instrument or the Related Documents. ORAL AGREEMENTS DISCLAIMER. This Security Instrument represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. By signing this Security Instrument, each Mortgagor acknowledges that all provisions have been read and understood. Signed and sealed by Mortgagor(s): [signature] JOANN FOURKILLER Individually Date 11-20-14 INDIVIDUAL ACKNOWLEDGMENT STATE OF OKLAHOMA ) COUNTY OF ADAIR ) This instrument was acknowledged by JOANN FOURKILLER, A single person, before me on November 20, 2014 In witness whereof, I hereunto set my hand and my official seal. My commission expires: 4/14/2018 Notary Public residing at P.O. Box 390, Westville, OK 74965. Casey Brown Notary Public Adair County, OK Identification Number 06003824 EXTENSION AGREEMENT People's Bank P.O. Box 390 Westville, Oklahoma 74965 (918)723-5453 <table> <tr> <th>LOAN NUMBER</th> <th>ORIGINAL PRINCIPAL BALANCE</th> <th>CURRENT PRINCIPAL BALANCE</th> <th>ORIGINAL AGREEMENT DATE</th> <th>AGREEMENT CHANGE DATE</th> </tr> <tr> <td>220056</td> <td>$43,890.98</td> <td>$42,445.02</td> <td>November 21, 2014</td> <td>September 23, 2015</td> </tr> </table> DESCRIPTION OF THE EXISTING DEBT ("Existing Debt") FARMLAND BORROWER INFORMATION JOANN FOURKILLER RR 2 BOX 232 Westville, OK 74965-0000 AGREEMENT. This Extension Agreement will be referred to as the "Agreement." PARTIES. "Parties" means all Borrowers, Guarantors, Hypothecators and Cosigners signing this Agreement. PARTY. "Party" means any Borrower, Guarantor, Hypothecator or Cosigner signing this Agreement. EXISTING DEBT. "Existing Debt" refers to an instrument executed on November 21, 2014 in the original principal amount of $43,890.98 with a remaining balance due of $42,445.02 and a maturity date of 1/12/2029. LENDER. The term "Lender" means Peoples Bank whose address is P.O. Box 390, Westville, Oklahoma 74965, its successors and assigns. SECURITY TO AGREEMENT. Security (the "Collateral") for the Agreement is granted pursuant to the following security document(s): • Security Instrument (Mortgage/Deed of Trust/Security Deed) in the amount of $43,890.98, dated November 20, 2014 evidencing a lien on the property located at Route 2 Westville OK 74965. TERMS AND PROVISIONS. In consideration of the terms and provisions contained in this Agreement and in the instruments evidencing the Existing Debt, and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the undersigned, the Parties agree to the following provisions: Extension Terms. Borrower requests that Lender extend the time period of the payment due date(s) for the payment of Borrower's loan, executed by Borrower on November 20, 2014 in the original principal amount of $43,890.98 (the "Loan"). In consideration of the extension, Borrower agrees to pay Lender the extension fee(s) listed below, and the accrued interest due to the date of each deferred payment. The present Maturity Date will be extended to reflect the effect of the change in payment due date(s) under this Agreement. Unless a lesser rate is required by law, interest will continue to accrue on the unpaid balance of the Loan, including the deferred payment(s), during the deferral period at the Loan contract rate. This Agreement will not change or vary Borrower's original obligation or any terms on the Loan except as provided in this Agreement. This Agreement is not binding on Lender until Lender signifies acceptance by signing below. <table> <tr> <th>SCHEDULED PAYMENT DUE DATE</th> <th>PAYMENT AMOUNT DEFERRED</th> <th>DEFERRED PAYMENT DUE DATE</th> <th>EXTENSION FEE</th> <th>ACCUMULATED INTEREST DUE</th> </tr> <tr> <td>September 25, 2015</td> <td>$352.83</td> <td>September 25, 2015</td> <td>$0.00</td> <td>$185.70</td> </tr> </table> NEXT REGULAR PAYMENT DUE DATE: October 25, 2015 RATIFICATION AND CONTINUED VALIDITY. Except for the terms expressly modified by this Agreement, the undersigned Parties hereby acknowledge they are still bound by the terms of the instruments and prior modifications, extensions, and supplements evidencing the Existing Debt as if they were fully set forth and repeated in this Agreement and that those terms will continue to bind the Parties as provided in this Agreement and those instruments. Consent to this Agreement does not waive the right to strictly enforce any rights under this Agreement or the instruments evidencing the Existing Debt. Consent to this Agreement does not require the Parties to enter into another agreement like this one in the future. The Parties and Lender agree that this Agreement shall not be construed as a novation or extinguishment of the Existing Debt, but a restatement of the Existing Debt with modifications. OTHER RESPONSIBLE PARTIES. Any Parties liable for the Existing Debt, including without limitation, cosigners, guarantors, and hypothecators, are not relieved of any obligation except as expressly relieved in this Agreement or any other writing. The liability of any Party who signed the instruments evidencing the Existing Debt, whether primary or secondary, continues in full force and effect, even if that Party does not sign this Agreement. PARAGRAPH HEADINGS; SINGULAR AND PLURAL TERMS. Paragraph headings of this Agreement are solely for the convenience of the Parties and shall not be used to interpret this Agreement. Whenever used, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be applicable to all genders. ORAL AGREEMENTS DISCLAIMER. This Agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. ADDITIONAL PROVISIONS. Defer payment one month. Extend maturity date one month. Collect interest of $185.70 By signing this Agreement, each Borrower acknowledges reading, understanding, and agreeing to all its provisions, and receiving a copy. JOANN FOURKILLER Date 9-23-15 Individually By signing this Agreement, Lender acknowledges reading, understanding, and agreeing to all its provisions. Peoples Bank Date 9-23-(Seal) By: Casey Brown Its: Asst. Vice-President EXTENSION AGREEMENT People's Bank P.O. Box 390 Westville, Oklahoma 74965 (918)723-5453 <table> <tr> <th>LOAN NUMBER</th> <th>ORIGINAL PRINCIPAL BALANCE</th> <th>CURRENT PRINCIPAL BALANCE</th> <th>ORIGINAL AGREEMENT DATE</th> <th>AGREEMENT CHANGE DATE</th> </tr> <tr> <td>220056</td> <td>$43,890.98</td> <td>$41,260.37</td> <td>November 21, 2014</td> <td>September 23, 2015</td> </tr> </table> DESCRIPTION OF THE EXISTING DEBT ("Existing Debt") FARMLAND BORROWER INFORMATION JOANN FOURKILLER RR 2 BOX 232 Westville, OK 74965-0000 AGREEMENT. This Extension Agreement will be referred to as the "Agreement." PARTIES. "Parties" means all Borrowers, Guarantors, Hypothecators and Cosigners signing this Agreement. PARTY. "Party" means any Borrower, Guarantor, Hypothecator or Cosigner signing this Agreement. EXISTING DEBT. "Existing Debt" refers to an instrument executed on November 21, 2014 in the original principal amount of $43,890.98 with a remaining balance due of $41,260.37 and a maturity date of 11/25/2029. LENDER. The term "Lender" means People's Bank whose address is P.O. Box 390, Westville, Oklahoma 74965 , its successors and assigns. SECURITY TO AGREEMENT. Security (the "Collateral") for the Agreement is granted pursuant to the following security document(s): • Security Instrument (Mortgage/Deed of Trust/Security Deed) in the amount of $43,890.98, dated November 20, 2014 evidencing a lien on the property located at Route 2 Westville OK 74965. TERMS AND PROVISIONS. In consideration of the terms and provisions contained in this Agreement and in the instruments evidencing the Existing Debt, and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the undersigned, the Parties agree to the following provisions: Extension Terms. Borrower requests that Lender extend the time period of the payment due date(s) for the payment of Borrower's loan, executed by Borrower on November 20, 2014 in the original principal amount of $43,890.98 (the "Loan"). In consideration of the extension, Borrower agrees to pay Lender the extension fee(s) listed below, and the accrued interest due to the date of each deferred payment. The present Maturity Date will be extended to reflect the effect of the change in payment due date(s) under this Agreement. Unless a lesser rate is required by law, interest will continue to accrue on the unpaid balance of the Loan, including the deferred payment(s), during the deferral period at the Loan contract rate. This Agreement will not change or vary Borrower's original obligation or any terms or the Loan except as provided in this Agreement. This Agreement is not binding on Lender until Lender signifies acceptance by signing below. <table> <tr> <th>SCHEDULED PAYMENT DUE DATE</th> <th>PAYMENT AMOUNT DEFERRED</th> <th>DEFERRED PAYMENT DUE DATE</th> <th>EXTENSION FEE</th> <th>ACCRUED INTEREST DUE</th> </tr> <tr> <td>July 25, 2016</td> <td>$353.22</td> <td>July 25, 2016</td> <td>$25.00</td> <td>$180.51</td> </tr> </table> NEXT REGULAR PAYMENT DUE DATE: August 25, 2016 RATIFICATION AND CONTINUED VALIDITY. Except for the terms expressly modified by this Agreement, the undersigned Parties hereby acknowledge they are still bound by the terms of the instruments and prior modifications, extensions, and supplements evidencing the Existing Debt as if they were fully set forth and repeated in this Agreement and that those terms will continue to bind the Parties as provided in this Agreement and those instruments. Consent to this Agreement does not waive the right to strictly enforce any rights under this Agreement or the instruments evidencing the Existing Debt. Consent to this Agreement does not require the Parties to enter into another agreement like this one in the future. The Parties and Lender agree that this Agreement shall not be construed as a novation or extinguishment of the Existing Debt, but a restatement of the Existing Debt with modifications. OTHER RESPONSIBLE PARTIES. Any Parties liable for the Existing Debt, including without limitation, cosigners, guarantors, and hypothecators, are not relieved of any obligation except as expressly relieved in this Agreement or any other writing. The liability of any Party who signed the instruments evidencing the Existing Debt, whether primary or secondary, continues in full force and effect, even if that Party does not sign this Agreement. PARAGRAPH HEADINGS; SINGULAR AND PLURAL TERMS. Paragraph headings of this Agreement are solely for the convenience of the Parties and shall not be used to interpret this Agreement. Whenever used, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be applicable to all genders. ORAL AGREEMENTS DISCLAIMER. This Agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. ADDITIONAL PROVISIONS. DEFER 7-25-16 PAYMENT AND COLLECT INTEREST OF $180.51 AND FEE OF $25.00 FOR TOTAL OF $205.51. By signing this Agreement, each Borrower acknowledges reading, understanding, and agreeing to all its provisions, and receiving a copy. [Signature] (Seal) JOANN FOURKILLER Date Individually By signing this Agreement, Lender acknowledges reading, understanding, and agreeing to all its provisions. Peoples Bank [Signature] (Seal) By: Casey Brown Date Its: Asst. Vice-President CONTRACT FOR DEED This Agreement is made and entered into as of this 16th day of January, 2010 (this "Agreement"), by and between Ray Newton and Bonnie Newton, HUSBAND AND WIFE, hereinafter called "SELLERS", and Charles K. Wilkerson and Katherine E. Wilkerson, HUSBAND AND WIFE, hereinafter called "BUYERS". WITNESSETH: 1. PREMISES The premises to be sold under this Agreement are situated in Adair County, Oklahoma, and are more particularly described on Exhibit "A" which is attached hereto, and by this reference made a part hereof (the "Premises"). 2. PURCHASE PRICE The purchase price for the above described Premises shall be One Million Two Hundred Sixty Thousand and 00/100ths Dollars ($1,260,000.00), together with interest at the rate of 7% per annum, payable as follows: The sum of $8,382.81 due on or before the 16th day of January, 2010, and a like sum of $8,382.81 due on or before the 16th day of each succeeding month thereafter, with a final balloon payment of $1,227,377.53 due on or before December 16, 2010. 3. PREPAYMENT Buyers may pay all or any part of the indebtedness represented herein at any time prior to the maturity hereof without prepayment penalty or premium of any kind. 4. NON-PERFORMANCE All payments due hereunder shall become due and payable on the 16th day of each month. If the payment is not made by the 25th day of the month, a late payment penalty shall accrue in the amount of 10% of the monthly payment. In the event any payment remains unpaid for a period of ninety (90) days from its due date, this Agreement shall be considered in default and the Sellers shall have the right to exercise all legal remedies to enforce this Agreement. In the event such action is necessary, the prevailing party shall be entitled to recover a reasonable attorney's fee to be assessed by a Court of competent jurisdiction. 5. CONVEYANCE At such time as Sellers shall have received the full purchase price of the Premises, Sellers shall give to Buyers a Warranty Deed on the Premises, free and clear of all liens and encumbrances, except for such liens and encumbrances, taxes or other charges as the Buyers shall have allowed to accumulate or shall have placed on the Premises since the date of this Agreement. In addition, Sellers shall furnish to Buyers either: (i) an Abstract of Title on the Premises, certified to date and showing good and marketable title to be vested in Buyers; or (ii) an Owners Title Insurance Policy in the face amount of this Agreement insuring marketable title vested in Buyers subject only to easements, restrictions and/or covenants of record and the standard exceptions set forth in the title insurance policy. In the event Sellers elect to provide an abstract, Buyers shall have fifteen (15) days within which to examine the same and in which to furnish the Sellers notice in writing detailing any objections to marketability of title to the Premises. No matter shall be construed as a valid objection to title unless it is so construed under the "real estate title examination standards" of the Oklahoma Bar Association. In case of valid objections to marketability of title, Sellers shall have ninety (90) days to satisfy such objections and in which to furnish Buyers evidence thereof. The time in which the Seller has to satisfy any objections may be extended by written consent by Buyers. 6. CONDITION OF PREMISES Buyers hereby agree that they have inspected the Premises, and take the Premises "AS IS" and are relying upon no representations made by Sellers with respect to the condition of the Premises. 7. PROVISIONS Until such time as the Premises have been transferred by Deed to the Buyers herein, the following provisions shall be in effect: (a) Possession and Occupancy Buyers shall have the right of possession of the Premises upon the execution of this Agreement and for so long as they are not in default of this Agreement. (b) No Liens, Encumbrances or Leases Buyers shall not permit any liens or encumbrances on the Premises. In addition, Buyers shall not lease or sublet or surrender the occupancy of the Premises to any other person, firm or corporation without the written consent of the Sellers. (c) Buildings and Improvements Buyers shall not build or erect any improvements on the Premises without the written consent of the Sellers. (d) Assignment Without the prior written consent of the Sellers, Buyers shall not assign their rights and/or obligations under this Agreement. Consent may be withheld for any reason whatsoever. Any assignment without the prior written consent of Sellers shall be void, and shall at Seller's option, constitute a material breach of this Agreement, and terminate the contract made herein. Sellers may assign this Agreement at any time, without the prior consent of Buyers. (e) Utilities Buyers shall be responsible for the arrangement and payment of all utility services on the Premises during the term of this Agreement. (f) Maintenance, Improvements and Repair Buyers will, at their expense, keep and maintain the Premises in good condition and repair during the term of this Agreement. Sellers shall have no obligation to maintain the Premises. Buyer shall not commit waste upon the Premises. Buyer's commission of waste or failure to maintain the Premises shall constitute a material breach of this Agreement, and may, at the Sellers discretion, terminate the contract made herein. (g) Right to Inspection Sellers or their agents shall have the right at all reasonable times during the term of this Agreement to enter the Premises, upon reasonable prior notification, for the purpose of inspecting the Premises. (h) Insurance and Taxes Contemporaneously with delivery of possession of the Premises to Buyers, Buyers shall procure insurance covering the Premises and improvements in an amount not less than the purchase price set forth herein. The insurance policy shall provide coverage for loss or destruction caused by fire, flood, storm or other casualty and shall name Sellers as an additional insured. Buyers shall provide Sellers proof of coverage within fifteen (15) days after delivery of possession of the Premises to Buyer. Failure to provide and maintain insurance coverage as required herein shall constitute a material breach of this Agreement and shall entitle Sellers to exercise the remedies described herein. Additionally, Buyers agree to pay all real property taxes on the Premises as they fall due. (i) Risk of Loss Risk of loss shall be upon Buyers from and after transfer of possession of the Premises to Buyers. 8. DEFAULT If Buyers breach any provision of this Agreement, or become delinquent in any installment of the rental due hereunder, or fail to taxes when due, or fail to keep the Premises insured as required by this Agreement, Buyers agree to immediately vacate the Premises and Sellers may: (a) Terminate this Agreement, in which event Sellers shall retain all payments which they have received as rent and liquidated damages; or (b) Declare the entire balance of principal under this Agreement immediately due and payable, and foreclose this Agreement at law; or (c) Pursue any other remedy at law or equity which is available to them. If this Agreement shall terminate or be terminated by operation of this paragraph, Buyers agree to pay for all Sellers costs incurred in effecting such termination, including reasonable attorneys' fees incurred by Sellers in foreclosure and recovery of the Premises. Sellers election not to pursue remedies available to them for Buyer's breach under this Agreement in any instance shall not constitute a waiver of their rights to so elect upon future instances of default. 9. WAIVER Sellers, for the same consideration, do hereby expressly waive or not waive, at the option of Sellers, appraisement of said Premises and all benefits of homestead, exemption and stay laws in Oklahoma. 10. BINDING EFFECT The covenants and conditions herein contained shall apply to and bind the parties' heirs, personal representatives and assigns, and all covenants are to be construed as a condition of this Agreement. 11. GOVERNING LAW This Agreement shall be governed by the laws of the State of Oklahoma. [signature page follows] IN WITNESS WHEREOF, the parties have hereunto set their hands as of this 13th day of January, 2010. Ray Newton Bonnie Newton SELLERS Charles K. Wilkerson Katherine E. Wilkerson BUYERS ACKNOWLEDGMENT STATE OF OKLAHOMA) COUNTY OF DELAWARE) Before me, a Notary Public, duly commissioned and acting, personally appeared Ray Newton and Bonnie Newton, husband and wife, and Charles K. Wilkerson and Katherine E. Wilkerson, husband and wife, who acknowledged to me that they executed the within and foregoing instrument as their free and voluntary act and deed and for the uses and purposes therein mentioned and set forth. Given under my hand and official seal this 13th day of January, 2010. My Commission Expires TONYA ALLEN NOTARY PUBLIC OKLAHOMA DELAWARE COUNTY COMMISSION NO. 01012450 EXP. 06-13-13 Notary Public EXHIBIT “A” The E½ of NE¼ and NW¼ of NE¼ and NE¼ of SW¼ of NE¼ of Section 22, Township 17 North, Range 25 East, Adair County, State of Oklahoma. AND The W½ of NE¼ and W½ of SE¼ and NW¼ less the S½ of SW¼ of NW¼ and SW¼ less the N½ of NW¼ SW¼ of Section 14, Township 17 North, Range 25 East, Adair County, State of Oklahoma. AND The SE¼ of SE¼ of SW¼ and SW¼ of SE¼ and W½ of SE¼ of SE¼ and SE¼ of SE¼ of Section 10, Township 17 North, Range 25 East, Adair County, State of Oklahoma. AND X The W½ of SW¼ of SE¼ South of addielee Road and SW¼ of SW¼ less the North 315 feet thereof of Section 11, Township 17 North, Range 25 East, Adair County, State of Oklahoma. AND The S½ & NE¼ and S½ of S½ of NW¼ and NE¼ of SE¼ NW¼ of Section 15, Township 17 North, Range 25 East, Adair County, State of Oklahoma. AND E¼ NE¼ & NW¼ NE¼ & NE¼ SW¼ NE¼ of Section 22, Township 17 North, Range 25 East, Adair County, State of Oklahoma. AND S½ SW¼ NW¼ and N½ NW¼ SW¼ of Section 14, Township 17 North, Range 25 East, Adair County, State of Oklahoma; and a perpetual easement approximately 20 feet in width described as follows: Commencing at a point approximately 2310 feet West of the NE corner of Section 14, thence meandering Southwesterly and west of a boggy pond to a point approximately 100 feet South of the NE corner of S½ SW¼ NW¼, thence Southwesterly to a point approximately 660 feet East of the SW corner of the N½ NW¼ SW¼, all in Section 14, Township 17 North, Range East. AND W½ NE¼ & W½ SE¼ & NW¼ less the S½ SW¼ NW¼ & SW¼ less the N½ NW¼ SW¼ of Section 14, Township 17, North, Range 25 East, Adair County, State of Oklahoma. AND SE¼ SE¼ SW¼ & SW¼ SE¼ & W½ SE¼ SE¼ & SE¼ SE¼ SE¼ of Section 10, Township 17 North, Range 25 East, Adair County, State of Oklahoma. AND W½ SW¼ SE¼ South of Addielee Road and SW¼ SW¼ less the North 315 feet thereof Section 11, Township 17 North, Range 25 East, Adair County, State of Oklahoma. AND S½ & NE¼ & S½ S½ NW¼ & NE¼ SE¼ NW¼ of Section 15, Township 17 North, Range 25 East, Adair County, State of Oklahoma. STATE OF OKLAHOMA STATEMENT OF JUDGMENT ) )SS. ADAI R COUNTY Jason P. Gubbins / Michael L. Foster, of lawful age, first being duly sworn states: 1. That on 12/06/2016, Judgment was rendered in Case Number CS-2016-122, in the District Court of ADAIR County styled NORTHWEST ARKANSAS HOSPITALS, LLC. D/B/A NORTHWEST MEDICAL CENTER v. JOANN FOURKILLER as follows: AGAINST JUDGMENT DEBTOR IN FAVOR OF JUDGMENT AMOUNT: JUDGMENT INCLUDING JOANN FOURKILLER CREDITOR COSTS & ATTORNEY FEES NORTHWEST ARKANSAS $1794.29 HOSPITALS, LLC D/B/A NORTHWEST MEDICAL CENTER 2. That judgment was filed with Court Clerk of ADAIR County on or about 12/06/2016. 3. That the County Clerk shall enter on the Judgment index a statement based on this information, in compliance with 12 O.S. Supp. 1993 § 706; 4. That the name and address of the judgment creditor is: NORTHWEST ARKANSAS HOSPITALS, LLC. D/B/A NORTHWEST MEDICAL CENTER 609 WEST MAPLE AVENUE. SPRINGDALE, AR 72765 Further, your affiant sayeth not. NAME: Jason P. Gubbins / Michael L. Foster TITLE: Attorney for Plaintiff ORGANIZATION: Faber and Brand L.L.C. ADDRESS: PO Box 10110, Columbia MO 65205 [Signature] Signed and shown to before me on the 20 day of December, 2016 by: [Signature] DATE OF FILING WITH COUNTY CLERK: _____________________________ JUDGMENT CREDITOR: THE STATEMENT OF JUDGMENT FORM MUST BE FILED WITH COUNTY CLERK RETURN TO: Jason P. Gubbins / Michael L. Foster Attorney for Plaintiff Faber and Brand L.L.C. PO Box 10110, Columbia MO 65205 JORDAN L NEWLAND Notary Public, Notary Seal State of Missouri Boone County Commission # 1654644 My Commission Expires October 17, 2020