BAYVIEW LOAN SERVICING, LLC v. DARYL W. MAJOWITZ

IN THE DISTRICT COURT IN AND FOR GARFIELD COUNTY STATE OF OKLAHOMA BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY; Plaintiff, vs. DARYL W. MAJOWITZ; ALYSA K. MAJOWITZ; OCCUPANTS OF THE PREMISES; MIDLAND FUNDING LLC; CAVALRY SPV I, LLC; Defendants. Case No. CJ 2020-55-01 Judge PETITION FOR FORECLOSURE OF MORTGAGE COMES NOW the Plaintiff and for cause of action against the Defendants, alleges and states: 1. Plaintiff is a corporation duly organized under the laws of the United States of America, and was at all times hereinafter stated, authorized to transact business in the State of Oklahoma. 2. This court has both jurisdiction and venue for this cause of action. 3. On or about February 20, 2007, the Defendant, Daryl W. Majowitz, for good and valuable consideration, made, executed and delivered to CitiFinancial Services, Inc., a certain promissory note, in writing, promising and agreeing to pay to the holder thereof, the sum of $74,262.99 with interest thereon at the rate of 9.4068% per annum on the unpaid balance, payable in monthly installments of $619.40, to be applied first to the interest on the unpaid THIS FORECLOSURE ACTION UPON COMPLETION IS NOT TO BE CONSTRUED AS A TITLE GUARANTEE OR FOR PURPOSES OF TITLE INSURANCE. balance and the remainder to the principal until said debt is paid in full. A copy of said Note is attached hereto, marked Exhibit "A" and made a part hereof, as if incorporated herein in full. 4. That as part and parcel of the same transaction, and for the purpose of securing the payment of the aforesaid promissory note and all of the indebtedness evidenced thereby, the maker of said note and Alysa K. Majowitz, being then and there the owners of the fee simple title of record of the property hereinafter described, made executed and delivered to CitiFinancial Services, Inc., a real estate purchase money mortgage, encumbering the following real property, to-wit: Lots Thirteen (13) and Fourteen (14), Block Four (4), JACOBS ADDITION to the City of Enid, Garfield County, Oklahoma, according to the recorded Plat thereof, commonly known as 1012 East Randolph, Enid, OK 73701 (the "Property") That said purchase money mortgage was duly executed and acknowledged, according to law, and was duly recorded in the Office of the County Clerk of said County, State of Oklahoma, recorded on February 27, 2007, in Book No. 1845, at Page 175. Said mortgage is a good and valid first lien upon the property above described. A copy of said mortgage is attached hereto, marked Exhibit "B" and made a part hereof, as if incorporated herein in full. The mortgage tax due on said mortgage, as provided by the laws of the State of Oklahoma, has been duly paid, as evidenced by the endorsement thereon. 5. That the Plaintiff has the right to foreclose and is the present holder of said Note and Mortgage having received due assignment of mortgage through mesne assignments of record, said assignment of mortgage recorded in the office of the County Clerk of said County in Book 2324 at Page 1013. A copy of said assignment of mortgage is attached hereto, marked Exhibit "C" and incorporated herein by reference. 6. That said mortgage provides that, in addition to the monthly payments of principal and interest as provided in said Note, the Mortgagor will pay on the first day of each month, installments of taxes, special assessments, insurance premiums, fire and other hazardous insurance premiums relating to said property and said Mortgage. 7. By the terms and conditions of said Note and Mortgage now held by the Plaintiff, it is specifically provided that in the event of default in the payments of any installment due under said Note and Mortgage, the entire amount outstanding, less unearned interest, shall at once become due and payable at the option of the Note holder. 8. Plaintiff further states that said payment was due, according to the terms of said Note on May 16, 2019, which said payment has not been made; the subsequent payments due on said note have not been paid, and Plaintiff, as the holder of said note, has elected to declare the entire balance due and payable; there is now due on said Note and Mortgage the principal sum of $64,772.09 with accrued interest thereon, plus interest accruing at the rate of 9.4068% per annum from April 8, 2019, until paid, as provided for in said Note and Mortgage. Plaintiff has demanded the payment of the same but the Defendant failed, refused and neglected to pay such amounts due. 9. Plaintiff further states that by reason of the default of said Defendant, the conditions of said Note and 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 abstracting charges and will be required to pay other title search expenses during the pendency of this action, and Plaintiff as provided in the Note and Mortgage, is entitled to reimbursement for these costs, the costs of preservation, and the costs of this suit and of collection including a reasonable attorney's fee. 10. Plaintiff has complied with all provisions of the mortgage including provisions relating to notice of default and is thus entitled to foreclosure of its mortgage and to a decree of this Court that its mortgage lien is a first and prior lien thereon and that the same should be sold to satisfy the indebtedness due Plaintiff herein. 11. That after allowing all just credits, there is due to Plaintiff on said Note and Mortgage the sum of $64,772.09, with accrued interest thereon, plus interest accruing at the rate of 9.4068% per annum from April 8, 2019, until paid; abstracting expense, accrued and accruing; insurance and preservation expenses accrued and accruing, bankruptcy fees and costs, if any; a reasonable attorney's fee provided for in said Note and Mortgage, and Plaintiff's costs; and all necessary funds advanced by Plaintiff accrued and accruing hereafter through completion of this action, for which said amounts said Mortgage is a first, prior and superior lien upon the real estate and premises above described. 12. That the Defendant, Occupants of the Premises, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein, for and on account of tenancy. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, Occupants of the Premises, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, Occupants of the Premises, be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the lands involved in this action or be forever barred from claiming any right in and to the said real estate. 13. That the Defendant, Midland Funding LLC, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein, for and on account of a statement of judgment. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, Midland Funding LLC, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, Midland Funding LLC, be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the lands involved in this action or be forever barred from claiming any right in and to the said real estate. A copy of said judgment is attached hereto, marked Exhibit "D", and incorporated herein by reference. 14. That the Defendant, Cavalry SPV I, LLC, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein, for and on account of two statements of judgment. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, Cavalry SPV I, LLC, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, Cavalry SPV I, LLC, be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the lands involved in this action or be forever barred from claiming any right in and to the said real estate. Copies of said judgments are attached hereto, marked Exhibit "E" and "F", and incorporated herein by reference. 15. That the Defendant, Daryl Warren Majowitz, filed Chapter 7 bankruptcy in the United States Bankruptcy Court for the Western District of Oklahoma, Case No. 19-11041. That said bankruptcy was discharged on the 10th day of July, 2019 and closed on the 16th day of August, 2019. 16. This is an attempt to collect a debt and any information obtained will be used for that purpose. The creditor signed has employed the below law firm to collect the amount of debt, together with any other costs and expenses allowed under the note and real estate mortgage. Prior to the filing of this action and in compliance with the Fair Debt Collection Practices Act the Plaintiff's attorney has mailed Debt Verification Notices to the last known addresses of the debtor. WHEREFORE, premises considered, Plaintiff prays that it have judgment, **in rem**, of and from the Defendants, Daryl W. Majowitz and Alys K. Majowitz, in the amount of $64,772.09 with accrued interest thereon, plus interest accruing at the rate of 9.4068% per annum from April 8, 2019, until paid, abstracting expense, accrued and accruing; insurance and preservation expenses accrued and accruing; bankruptcy fees and costs, if any; a reasonable attorney's fee provided for in said Note and Mortgage, and Plaintiff's costs; and all necessary funds advanced by Plaintiff accrued and accruing hereafter through completion of this action. And a further judgment against all of the Defendants, adjudging; That said mortgage be foreclosed and that the same be declared a valid first and prior lien upon the real estate and premises above described, for and in the amount set forth, and order the said real estate and premises sold, with or without appraisement, as the Plaintiff shall elect at the time judgment is rendered herein; and as provided in said Mortgage, and by law, subject to unpaid taxes, if any, to satisfy said judgment and the proceeds therefrom applied to the payment of the costs herein and payment and satisfaction of the judgment, mortgage and lien of this Plaintiff, and that the surplus, if any, be paid into Court, to abide the further order of the Court; That all of said Defendants be required to appear and set forth any right, title, claim or interest which they have or may have in and to said real estate and premises, which they, in any way claim, is prior or superior to the mortgage and lien of this Plaintiff; That the Court adjudicate that all of said claims are subject, junior and inferior to the mortgage, lien and judgment of this Plaintiff; and that upon confirmation of said sale, the Defendants herein and each of them, and all persons claiming by, through or under them, since the commencement of this action, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in and to said premises or any part thereof; That this Plaintiff have such other and further relief as may be just and equitable. KIVELL, RAYMENT AND FRANCIS A Professional Corporation By: K. Renee' Davis, OBA #15161 Teddi Allen, OBA #14176 Triad Center I, Suite 550 7666 East 61st Street Tulsa, Oklahoma 74133 Telephone (918) 254-0626 Facsimile (918) 254-7915 E-mail: [email protected] ATTORNEYS FOR PLAINTIFF VERIFICATION STATE OF OKLAHOMA ) ) ss. COUNTY OF TULSA ) Teddi Allen, being first duly sworn, upon oath, deposes and says: That he/she is one of the attorneys for the Plaintiff in the above entitled action; that he/she prepared the above and foregoing Petition, knows the contents thereof, and that to the best of his/her knowledge and belief, the matters and things therein set forth are true and correct. By: [Signature] Date: 2/19/20 Title: Attorney K. Renee' Davis, OBA #15161 Teddi Allen, OBA #14176 Triad Center I, Suite 550 7666 East 61st Street Tulsa, Oklahoma 74133 Telephone (918) 254-0626 Facsimile (918) 254-7915 E-mail: [email protected] ATTORNEYS FOR PLAINTIFF SUBSCRIBED AND SWORN to before me this 19 day of Feb., 2020, by Teddi Allen. Melissa D. Savino NOTARY PUBLIC Disclosure Statement, Note and Security Agreement Borrower(s) (Name and mailing address) DARYL MAJOWITZ 1012 E RANDOLPH ENID OK 73701 Lender (Name, address, city and state) CITIFINANCIAL SERVICES, INC. 2229 WEST WILLOW ROAD ENID OK 73703 Account No. Date of Loan 02/20/2007 ANNUAL PERCENTAGE RATE The cost of Borrower's credit as a yearly rate. 9.76 % FINANCE CHARGE The dollar amount the credit will cost Borrower. $ 151,128.05 Amount Financed The amount of credit provided to Borrower or on Borrower's behalf. $ 72,049.99 Total of Payments The amount Borrower will have paid after Borrower has made all payments as scheduled. $ 223,178.04 Payment Schedule: <table> <tr> <th>Number of Payments</th> <th>Amount of Payments *</th> <th>When Payments Are Due</th> </tr> <tr> <td>1</td> <td>$ 613.44</td> <td>04/06/2007</td> </tr> <tr> <td>359</td> <td>$ 619.40</td> <td>MONTHLY BEGINNING 05/06/2007</td> </tr> <tr> <td></td> <td>$</td> <td></td> </tr> <tr> <td></td> <td>$</td> <td></td> </tr> </table> * Does not include any insurance premium. Additional Information: - See the contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. Security: If checked, Borrower is giving a security interest in: [ ] Motor Vehicle [ ] Mobile Home [X] Real Property [ ] Other: Late Charge: If a payment is late, Borrower will be charged the greater of $ 5.00 or 5.0% of the amount in default, not to exceed $ 20.00. Prepayment: If Borrower pays off early, Borrower will not have to pay a penalty, and will not be entitled to a refund of part of the finance charge. <table> <tr> <th>Total amount of first month's payment including insurance premiums, if any:</th> <th>PRINCIPAL</th> <th>POINTS/LOAN ORIGINATION FEE</th> <th>DATE CHARGES WERE INCURRED</th> </tr> <tr> <td>813.44</td> <td>74,262.99</td> <td>2,163.00</td> <td>02/26/2007</td> </tr> </table> Required Insurance Disclosure: If Borrower grants Lender a security interest as indicated in this document, insurance to protect the Lender's interest in the collateral may be required, if this loan is secured by real property, or mobile/manufactured home, then fire, extended coverage, collision and/or comprehensive casualty insurance is required naming Lender as loss payee, until the loan is fully paid. The amount of such insurance must be sufficient to satisfy the unpaid balance of the loan, or be equal to the value of the collateral, whichever is less. If the collateral securing the credit is a motor vehicle (including a recreational vehicle, boat, or movable mobile home), Borrower must provide collision and comprehensive casualty insurance in an amount sufficient to satisfy the unpaid balance of the loan or equal to the value of the collateral, whichever is less. All such policies and renewals thereof must name Lender as loss payee and must be maintained by Borrower, until the credit is repaid in full. Borrower may obtain a new insurance policy or provide an existing policy from any insurer that is acceptable to Lender. If Borrower obtains the Automobile Physical Damage Insurance at Lender's office, Borrower acknowledges that such insurance (1) may cost more than insurance that is available from another insurer, (2) will only protect Lender's interest in the collateral and does not protect Borrower's interest, and (3) does not protect Borrower from claims by other persons. Any such insurance may be provided through an existing policy or a policy obtained independently and purchased by Borrower. Borrower may obtain such insurance from any insurer that is reasonably acceptable to Lender. I/We request the following insurance: Cost/Premium: $ NONE Insurance Type: Modified Automobile Single Interest Insurance Term (in mos.): 2-20-7 First Borrower's Signature ____________________________ Date ________________ Second Borrower's Signature ____________________________ Date ________________ Optional Insurance Disclosure: Borrower is not required to purchase optional insurance products, such as: Credit Life, Credit Disability, Involuntary Unemployment Insurance or any other optional insurance products. Lender's decision to grant credit will not be affected by Borrower's decision to purchase or decline to purchase optional insurance. Coverage will not be provided unless Borrower signs and agrees to pay the applicable monthly premium in addition to the monthly loan payment disclosed above. Borrower should refer to the terms contained in the applicable certificate or policy of insurance issued for the exact description of benefits, exclusions and premium rates. If Borrower purchases insurance, Borrower's monthly payment will include both the monthly loan payment disclosed above and the applicable monthly premiums. I/We request the following insurance: Premium Due with Insurance Type: the First Month's Premium * ___________ First Year's Premium * Loan Payment $ NONE $ NONE $ NONE __________________________ First Borrower's Signature 2-20-7 __________________________ Second Borrower's Signature Date (* First year's premiums are calculated on the assumption that monthly loan payments are timely made). Accrued but unpaid premium, if not paid earlier, will be due and payable at the time of the final payment on the loan. However, failure to pay premiums may result in termination of insurance as described below. Termination of Insurance: Borrower may cancel any of the optional insurance products offered at any time. The optional insurance will terminate upon the earliest of the following occurrences: (1) the Lender's receipt of Borrower's written request for termination; (2) on the date when the sum of past due premiums equal or exceed four times the first month premium; (3) termination pursuant to the provisions of the insurance certificate; (4) payment in full of Borrower's Loan; (5) death of Borrower. EXHIBIT A Borrower's Initials: DARYL MAJOWITZ TERMS: In this Disclosure Statement, Note and Security Agreement, the word "Borrower" refers to the persons signing below as Borrower, whether one or more. If more than one borrower signs, each will be responsible, individually and together, for all promises made and for repaying the loan in full. The word "Lender" refers to the lender, whose name and address are shown above. PROMISE TO PAY: In return for a loan that Borrower has received, Borrower promises to pay to the order of Lender the Principal amount shown above, plus interest on the unpaid Principal balance from the Date Charges Begin shown above at the rate of interest of 09.4068 % per annum. Lender will compute interest on the unpaid Principal balance on a daily basis from the date charges begin until Borrower repays the loan. If Borrower does not make sufficient or timely payments according to the payment schedule above, Borrower will incur greater interest charges on the loan. On the N/A month anniversary of the Date of Loan shown above, the rate of interest applicable to the remaining unpaid principal balance shall decrease to N/A % per annum. Any amount shown above as Points/Loan Origination Fee has been paid by Borrower as points. This amount is considered a prepaid charge and is in addition to interest calculated at the above Rate(s) of Interest. Any points are earned prior to any other interest on the loan balance. In the event of prepayment of the loan, prepaid points will not be refundable to Borrower. Principal and interest shall be payable in the monthly installments shown above beginning on the first payment date shown above and continuing on the same day in each following month until paid in full. Upon the final payment date or the acceleration thereof, the entire outstanding balance of Principal and interest evidenced by this Disclosure Statement, Note and Security Agreement shall be due and payable. Any payments(?) which Lender accepts after the final payment date or the acceleration thereof do not constitute a renewal or extension of this loan unless Lender so determines. Each payment shall be applied as follows: (1) late charges and monthly loan payments due (first to interest, then principal), (2) insurance premiums due, (3) unpaid interest to the date of payment, if any, then (4) principal. Lender may collect interest from and after maturity upon the unpaid Principal balance at the maximum rate permitted under the then applicable law or the rate of interest prevailing at the time of maturity under this Disclosure Statement, Note and Security Agreement. PREPAYMENT: Borrower may prepay this loan in whole or in part at any time without penalty. However, upon partial prepayment, interest will continue to accrue on any remaining Principal balance. Partial prepayment will not affect the amount or due date of subsequent scheduled payments on the loan, but may reduce the number of such payments. SECURITY AGREEMENT: A. If this box is checked, this loan is unsecured. B. If this box is checked, to secure the payment and performance hereof, Borrower gives to Lender a security interest under the Uniform Commercial Code in any property for which a description is completed below and all parts and equipment now or later added to the property and any proceeds of the property, all of which will be called "Property". See below for additional terms applicable to this security interest. <table> <tr> <th>Make, No. Cylinders</th> <th>Year/Model</th> <th>Model No. Or Name</th> <th>Body Type</th> <th>Identification Number</th> </tr> </table> 2. Refund of any insurance premiums upon default. 3. Other Property: C. If this box is checked, Borrower's loan is secured by a Deed of Trust or Mortgage of even date on real property which requires Lender's written consent to a sale or transfer of the encumbered real property located at 1012 E RANDOLPH ENID OK 73701 . See either the Deed of Trust or the Mortgage for terms applicable to Lender's interest in Borrower's real property ("Property"). OWNERSHIP OF PROPERTY: Borrower represents that the Property is owned by Borrower free and clear of all liens and encumbrances except those of which Borrower has informed Lender in writing. Prior to any default, Borrower may keep and use the Property at Borrower's own risk, subject to the provisions of the Oklahoma Uniform Commercial Code. If the Property includes a motor vehicle or a mobile home, Borrower will, upon request, deliver the certificate of title to the motor vehicle or a mobile home to Lender. USE OF PROPERTY: Borrower will not sell, lease, encumber, or otherwise dispose of the Property without Lender's prior written consent. Borrower will keep the Property at Borrower's address (as shown on page 1) unless Lender has granted permission in writing for the Property to be located elsewhere. The Property will be used only in the state in which Borrower lives unless the Property is a motor vehicle, in which case it will be used outside the state only in the course of Borrower's normal use of the Property. Borrower will not use or permit the use of the Property for hire or for illegal purposes. TAXES AND FEES: Borrower will pay all taxes, assessments, and other fees payable on the Property, this Disclosure Statement, Note and Security Agreement, or the loan. If Borrower fails to pay such amounts, Lender may pay such amounts for Borrower and the amounts paid by Lender will be added to the unpaid balance of the loan, subject to the provisions of the Oklahoma Uniform Consumer Credit Code. INSURANCE: If the Property includes a motor vehicle or a mobile home, Borrower will keep the motor vehicle or mobile home insured with collision and comprehensive casualty insurance, as required by Lender, protecting Lender and Borrower as their interests may appear, for the amount of the unpaid balance of the loan or the value of the motor vehicle or mobile home, whichever is less, until the loan is fully paid. If any insurance coverage is obtained at Lender's office, upon Borrower's default, Borrower hereby gives Lender a power of attorney to cancel part or all of that insurance and to apply any returned premiums to Borrower's unpaid balance. If Borrower purchases any credit and/or property insurance at Lender's office, Borrower understands that (1) the insurance company may be affiliated with Lender, (2) one of Lender's employees may be an agent for the insurance company, (3) that employee is not acting as the agent, broker or fiduciary for Borrower on this loan and is the agent of the insurance company, and (4) Lender or the insurance company may realize some benefit from the sale of that Insurance. If Borrower fails to obtain or maintain the required insurance, Lender may purchase the necessary coverage for Borrower, and the amounts paid by Lender will be added to the unpaid balance of the loan, subject to the provisions of the Oklahoma Uniform Consumer Credit Code. FINANCING STATEMENTS: Borrower will sign all financing statements, continuation statements, security interest filing statements, and similar documents with respect to the Property at Lender's request. LATE CHARGE: If any scheduled payment is not paid within 10 days of its due date, Borrower agrees to pay the greater of $5.00 or 5.0 % of the unpaid portion of the payment, not to exceed $20.00. Lender may, at its option, waive any late charge or portion thereof without waiving its right to require a late charge with regard to any other late payment. RETURNED CHECK FEE: Lender may charge a fee of $25.00 for a check, negotiable order of withdrawal or draft that is returned for insufficient funds or insufficient credit. LOAN CHARGES: If a law that applies to this loan and that sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then (i) any such loan charge will be reduced by the amount necessary to reduce the charge to the permitted limit, and (ii) any sums already collected from Borrower that exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under this loan or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge. DEFAULT: Borrower will be in default if: 1. Borrower does not make any scheduled payment on time; 2. Borrower is (or any other person puts Borrower) in bankruptcy, insolvency or receivership; 3. Any of Borrower's creditors attempts by legal process to take and keep any property of Borrower, including the Property securing this loan; 4. Borrower fails to fulfill any promise made under this agreement; or 5. A default occurs under any Real Estate Mortgage or Deed of Trust which secures this loan or under any other mortgage or deed of trust on the real property. EXHIBIT A Original (branch) Copy (Customer) Borrower's Initials Page 2 of 3 DARYL MAJOWITZ Subject to Borrower's right to any notice of default, right to cure default, and any other applicable law, if Borrower defaults, Lender may require Borrower to repay the entire unpaid Principal balance and any accrued interest at once. Lender's failure to exercise or delay in exercising any of its rights when default occurs does not constitute a waiver of those or any other rights under this agreement. If this debt is referred for collection to an attorney not a salaried employee of Lender, Lender shall be entitled to collect all reasonable attorney's fees as permitted by law. EFFECTS OF DEFAULT: If Borrower defaults, Borrower will deliver the Property to Lender or, upon Lender's demand, assemble the Property and make it available to Lender at a reasonably convenient place. Lender may, without previous notice or demand without legal process, peacefully enter any place where the Property is located and take possession of it. The Property may be sold with notice at a private or public sale at a location chosen by Lender. At such a sale, Lender may purchase the Property. The proceeds of the sale, minus the expenses of taking, removing, holding, repairing and selling the Property, including reasonable attorney's fees and court costs, and minus the cost of paying off and removing any superior liens or claims on the Property, will be credited to the unpaid balance of Borrower's loan. If Borrower has left other property in the repossessed Property, Lender may hold such property temporarily for Borrower without any responsibility or liability for the property. Notice of the time and place of a public sale or notice of the time after which a private sale will occur is reasonable if mailed to the Borrower's address at least five (5) days before the sale. The notice may be mailed to Borrower's last address shown on Lender's records. LAW THAT APPLIES: Oklahoma law and federal law, as applicable, govern this Disclosure Statement, Note and Security Agreement. If any part is unenforceable, this will not make any other part unenforceable. In no event will Borrower be required to pay interest or charges in excess of those permitted by law. OTHER RIGHTS: Lender may accept payments after maturity or after a default without waiving its rights with respect to any subsequent default in payment. Borrower agrees that Lender may extend time for payment after maturity without notice. The terms of this agreement can be waived or changed only in a writing signed by Lender. Where the context requires, singular words may be read in the plural and plural words in the singular, and references to the masculine gender may be read to apply to the feminine gender. OTHER TERMS: Each Borrower under this Disclosure Statement, Note and Security Agreement, if more than one, agrees that Lender may obtain approval from one Borrower to change the repayment terms and release any Property securing the loan, or add parties to or release parties from this agreement, without notice to any other Borrower and without releasing any other Borrower from his responsibilities. Lender does not have to notify Borrower before instituting suit if the note is not paid, and Lender can sue any or all Borrowers upon the default by any Borrower. Borrower, endorsers, sureties and guarantors, to the extent permitted by law, severally waive their right to require Lender to demand payment of amounts due, to give notice of amounts that have not been paid, to receive notice of any extensions of time to pay which Lender allows to any Borrower and to require Lender to show particular diligence in bringing suit against anyone responsible for repayment of this loan, and additionally, waive benefit of homestead and exemption laws now in force or later enacted, including stay of execution and condemnation, on any Property securing this loan and waive the benefit of valuation and appraisement. This Disclosure Statement, Note and Security Agreement shall be the joint and several obligation of all makers, sureties, guarantors and endorsers and shall be binding upon them, their heirs, successors, legal representatives and assigns. If any part of the Disclosure Statement, Note and Security Agreement end, if applicable, the Mortgage or Deed of Trust and accompanying itemization of Amount Financed is unenforceable, this will not make any other part unenforceable. REFINANCING: The overall cost of refinancing an existing loan balance may be greater than the cost of keeping the existing loan and obtaining a second loan for any additional funds Borrower wishes to borrow. AUTHORIZATION TO USE CREDIT REPORT: By signing below, Borrower authorizes Lender to obtain, review and use information contained in the Borrower's credit report in order to determine whether the Borrower may qualify for products and services offered by Lender. This authorization terminates when Borrower's outstanding balance due under this Disclosure Statement, Note and Security Agreement is paid in full. Borrower may cancel such authorization at any time by writing the following: Transaction Processing, 300 St. Paul Place, BSP13A, Baltimore, MD 21202; In order to process Borrower's request. Lender must be provided Borrower's full name, address, social security number and account number. The following notice applies only if this box is checked. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. By signing below, Borrower agrees to the terms contained herein, acknowledges receipt of a copy of this Disclosure Statement, Note and Security Agreement and, if applicable, the Mortgage or Deed of Trust and of the accompanying Itemization of Amount Financed, and authorizes the disbursements stated therein. WITNESSES: [Signature] Audia Doster SECURITY INTEREST OF NONOBLIGOR: Borrower only is personally liable for payment of the loan. Nonobligor is liable and bound by all other terms, conditions, covenants, and agreements contained in this Disclosure Statement, Note and Security Agreement, including but not limited to the right and power of Lender to repossess and sell the Property securing this loan, in the event of default by Borrower in payment of this loan. SIGNATURES [Signature] 02/20/07 [Name] [Date] [Signature] [Seal] [Date] [Signature] [Seal] [Date] CITIFINANCIAL SERVICES, INC. By: [Name and Title] 02/20/2007 14:06:44 (Seal) DARYL MAJOWITZ -Borrower (Seal) -Borrower (Seal) -Borrower CFN Loan # Bayview Loan # ALLONGE TO NOTE Original Loan Amount: $74,262.99 Note Date: 02/20/2007 Borrower(s): DARYL MAJOWITZ Address: 1012 E RANDOLPH ENID, OK 73701-0000 PAY TO THE ORDER OF CITIFINANCIAL SERVICING LLC, A DELAWARE LIMITED LIABILITY COMPANY WITHOUT RE COURSE CFNA RECEIVABLES (MD), INC., A MARYLAND CORPORATION, SUCCESSOR BY MERGER TO CFNA RECEIVABLES (OK), INC. F/K/A CITIFINANCIAL SERVICES, INC., AN OKLAHOMA CORPORATION By: ____________________________ Name: Pangseang Khang Title: VICE PRESIDENT Dated: 11/26/2017 PAY TO THE ORDER OF WITHOUT RE COURSE CITIFINANCIAL SERVICING LLC, A DELAWARE LIMITED LIABILITY COMPANY By: ____________________________ Name: Susan Schotsch Title: VICE PRESIDENT Dated: 11/26/2017 EXHIBIT A MORTGAGE THIS MORTGAGE is made this 20th day of February , 2007 between the Mortgagee, DARYL W. MAJOWITZ AND ALYSA K. MAJOWITZ HUSBAND AND WIFE and the Mortgagor, CIVIL/MARTIAL SERVICES, INC., a corporation organized and existing under the laws of Oklahoma whose address is 2229 WEST WILLOW ROAD ENID OK 73703 "Lender"). WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $74,262.99 which indebtedness is evidenced by Borrower's note dated 02/10/2007 and exceptions and encumbrances thereof (hereinafter "Note"), providing for monthly installment of principal and interest, with the balance of indebtedness, if not sooner paid, due and payable on 09/06/2037; TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced to accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender, with power of sale, the following described property located in the County of GARFIELD, State of Oklahoma: LOTS THIRTEEN (13) AND FOURTEEN (14), BLOCK FOUR (4), JACCES ADDITION TO THE CITY OF ENID, GARFIELD COUNTY, OREGON, ACCORDING TO THE RECORDED PLAT THEREOF. which has the address at 1012 E RANDOLPH , ENID Oklahoma 73701 herein "Property Address"; TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the household estate if this Mortgage is on a household) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNITFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Assessments. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an insititutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said accounts or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments at Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Notes, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges, Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withhold. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of Lender in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leasetholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasethold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominiums or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, dispose such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender requires mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance (in effect until) such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Daryl Majewski Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requiring payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspections. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Releas; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization or the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any default made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 15 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given to the parties designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof (unless applicable law provides otherwise), upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as required by applicable law. The notice shall specify: (1) the breach; (2) the action required to cure the breach; (3) a date, not less than 30 days from the date the notice is given to Borrower, by which the breach must be cured; (4) that failure to cure the breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage and sale of the Property; and (5) any other information required by applicable law. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender at its option may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice in the manner required by applicable law to Borrower and any other persons prescribed by applicable law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by applicable law. Lender or its assignee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law. 18. Borrower’s Right to Remedy. Notwithstanding Lender’s acceleration of the sums secured by this Mortgage due to Borrower’s breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage; and in enforcing Lender’s remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys’ fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender’s interest in the Property and Borrower’s obligation to pay the sums secured by this Mortgage shall continue unimpugned. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Appraisement of Receiver. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver’s fees, premiums on receiver’s bonds and reasonably attorneys’ fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for these rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Lender shall pay all costs of redemption, if any. 21. Waiver of Appraisement. Appraisement of the Property is hereby waived or not waived at Lender’s option, which shall be exercised at the time judgment is entered in any foreclosure thereof or at any time prior thereto. 22. Assumption Fee. If there is an assumption pursuant to paragraph 16 hereof, Lender may charge an assumption fee of U.S.$[ ]/A. 23. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substance on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remedial action involving any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 23, “Hazardous Substance” are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 23, “Environmental Law” means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NOTICE TO BORROWER A power of sale has been created in this Mortgage. A power of sale may allow the Lender to take the Property and sell it without going to court for a foreclosure action upon default by Borrower under this Mortgage. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender’s address set forth on page one of this Mortgage, with a copy to P.O. Box 17170, Baltimore, MD 21203, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. STATE OF OKLAHOMA, Garfield County ss: The foregoing instrument was acknowledged before me this __________2/20/07__________ by Daryl T Majowicz & Alysa K Majowicz, husband & wife. My Commission expires: 1/5/2011 Audra McPartlan EXHIBIT B ASSIGNMENT OF MORTGAGE FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersigned, CITIFINANCIAL SERVICING LLC, A DELAWARE LIMITED LIABILITY COMPANY, WHOSE ADDRESS IS C/O CITIMORTGAGE, INC., 1800 TECHNOLOGY DRIVE, O'FALLON, MO 63368 (ASSIGNOR), by these presents does convey, grant, assign, transfer and set over the described Mortgage with all interests secured thereby, all liens, and any rights due or to become due thereon to BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY WHOSE ADDRESS IS 4425 FONCE DE LEZON BLVD, 5TH FLOOR, CORAL GABLES, FL 33146 ITS SUCCESSORS AND ASSIGNEES (ASSIGNEE). Said Mortgage bearing the date 02/27/2007, made by DARYL J MAJOWITZ AND ALYTA E MAJOWITZ (current owner) to CITIFINANCIAL SERVICES, INC., and recorded in Book 1845, Page 175 and Instrument #2436, in the records of the County Clerk of GARFIELD County, Oklahoma, as follows: LOTS THIRTEEN (13) AND FOURTEEN (14), BLOCK FOUR (4), JACOB'S ADDITION TO THE CITY OF ENID, GARFIELD COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. IN WITNESS WHEREOF, CITIFINANCIAL SERVICING LLC, A DELAWARE LIMITED LIABILITY COMPANY has caused these presents to be signed by its VICE PRESIDENT on ___/__+/2017 (MM/DD/YYYY). CITIFINANCIAL SERVICING LLC, A DELAWARE LIMITED LIABILITY COMPANY By: Susan Schotech Susan Schotech VICE PRESIDENT All persons whose signatures appear above have qualified authority to sign and have reviewed this document and supporting documentation prior to signing. STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me on 1/27/2017 (MM/DD/YYYY), by Susan Schotech as VICE PRESIDENT of CITIFINANCIAL SERVICING LLC, A DELAWARE LIMITED LIABILITY COMPANY, who, as such VICE PRESIDENT being authorized to do so, executed the foregoing instrument for the purposes therein contained. He/she/they is (are) personally known to me. [Signature] Danielle Kennedy Notary Public - State of FLORIDA Commission expires: 06/26/2017 [Seal] Danielle Kennedy Notary Public State of Florida My Commission # FF 050187 Expires June 26, 2017 EXHIBIT C IN THE DISTRICT COURT OF GARFIELD COUNTY STATE OF OKLAHOMA MIDLAND FUNDING LLC, Plaintiff, vs. ALYSA MAJOWITZ Defendants. No. CS-2016-174-5 STATEMENT OF JUDGMENT STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) I, the undersigned attorney of record, of lawful age, first being duly sworn, deposes and says: 1. That on May 22, 2017, Judgment was rendered in the above-styled and numbered cause as follows: AGAINST: Alysa Majowitz IN FAVOR OF: Midland Funding LLC AMOUNT & COST: $1,433.20 2. That judgment was filed with the Court Clerk of GARFIELD County on 5/22/17; 3. That the County Clerk shall enter on the Judgment Index a statement based on this information, in compliance with 12 O.S. Supp. 1987, Section 706. 4. That the name and address of the judgment creditor is Midland Funding LLC, c/o Love, Beal & Nixon, P.C., P.O. Box 32738, Oklahoma City, OK 73123. RETURN TO: LOVE, BEAL, & NIXON, P.C. Attorney for Plaintiff P.O. Box 32738 Oklahoma City, OK 73123 Telephone: (405) 720-0565 William L. Nixon, Jr., #012600 David Thacker, #018783 Keith A. Daniel, #019758 Harley L. Hornak, #019738 Jennifer A. Gent, #021878 Tracy Curtis Reed, #013577 LOVE, BEAL, & NIXON, P.C. Subscribed and sworn to before me on this day of June, 2017. [signature] Notary Public EXHIBIT D IN THE DISTRICT COURT OF GARFIELD COUNTY STATE OF OKLAHOMA CAVALRY SPV I, LLC vs. DARYL W MAJOWITZ STATE OF OKLAHOMA COUNTY OF OKLAHOMA STILLWATER COUNTY CLERK STATEMENT OF JUDGMENT 18-08526-0 SJ1 021 No. CS-2018-258-5 STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) I, the undersigned attorney of record, of lawful age, first being duly sworn, deposes and says: 1. That on January 10, 2019, Judgment was rendered in the above-styled and numbered cause as follows: AGAINST: Daryl W Majowitz IN FAVOR OF: Cavalry SPV I, LLC AMOUNT & COST: $4,358.25* 2. That judgment was filed with the Court Clerk of GARFIELD County on 1/10/19; 3. That the County Clerk shall enter on the Judgment Index a statement based on this information, in compliance with 12 O.S. Supp. 1997, Section 706. 4. That the name and address of the judgment creditor is Cavalry SPV I, LLC , c/o Love, Beal & Nixon, P.C., P.O. Box 32738, Oklahoma City, OK 73123. *Notice: Before paying final balance, please call Plaintiff's Attorney's Office at (405)720-0466 to ascertain the correct balance, so interest and costs may have been added to the above balance as permitted by Law. RETURN TO: LOVE, BEAL, & NIXON, P.C. Attorney for Plaintiff P.O. Box 32738 Oklahoma City, OK 73123 Telephone: (405) 720-0565 William L. Nixon, Jr., #012804 David Mueeller, #018783 Hurley L. Honjak, #019736 Jennifer A. Gami, #021876 Tracy Cotts Reed, #013577 Peggy S. Horiack, #010344 LOVE, BEAL, & NIXON, P.C. Subscribed and sworn to before me on this 18 day of Jan 2019 P. Schwartz Notary Public EXHIBIT E IN THE DISTRICT COURT OF GARFIELD COUNTY STATE OF OKLAHOMA CAVALRY SPV I, LLC, Plaintiff, v. DARYL W MAJOWITZ, Defendant(s). Case No. CS-2018-277 STATEMENT OF JUDGMENT State of Oklahoma ) County of Oklahoma ) SS Joseph H. Reeves, III, of lawful age, first being duly sworn, deponez and says: 1. That on January 4, 2019, a money judgment was rendered in case number CS-2018-277 in District Court of Garfield County styled as follows: <table> <tr> <th>Against Judgment Debtor</th> <th>In Favor of Judgment Creditor</th> <th colspan="2">Amount: Judgment Costs & Attorney Fees</th> </tr> <tr> <td></td> <td></td> <td>Principal:</td> <td>$3,640.74</td> </tr> <tr> <td>DARYL W MAJOWITZ</td> <td>Cavalry SPV I, LLC</td> <td>Judgment Costs:</td> <td>$314.14</td> </tr> <tr> <td></td> <td></td> <td>Attorney Fees:</td> <td>$0.00</td> </tr> </table> 2. That judgment was filed with the Court Clerk of Garfield County on January 4, 2019. 3. That the County Clerk shall enter on the judgment index a statement based on this information, in compliance with 12 O.S. Supp. 1997 § 706. 4. That the name and address of the judgment creditor is: Name: Cavalry SPV I, LLC Address: 500 SUMMIT LAKE DR, STE 400, Valhalla NY 10995 Further, your affiant sayeth not. [signature] BY ________________________________ Joseph T. Higginbotham, III, OBAM 21541 James C. James, OBAM 32028 Eric M. Harrison, OBAM 32011 P.O. Box 26690 Oklahoma City, OK 73156 [email protected] Phone: 866/729-3328 Fax: 866/857-7527 Attorney for Plaintiff MJ File No. 50761174 Signed and sworn to before me on the 30 day of January, 2019 by the above signed attorney. [signature] Notary Public SIERRA TERNES Notary Public State of Colorado Notary ID # 20164442114 My Commission Expires 11-15-2020 My Commission Expires: 11/15/2020 Machol & Johannes, LLC 700 Seventeenth Street, Suite 200 Denver, CO 80202-3602 EXHIBIT F