IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
Direct Lending, LLC,
Plaintiff,
v.
Soldbydarko, LLC; Isaac Heath Darko, Jr.
A/K/A Isaac Darko, an individual; All Occupants,
Defendants.
CJ-2026-876
Case No.
FILED IN DISTRICT COURT
OKLAHOMA COUNTY
FEB - 2 2026
RICK WARREN
COUNT CLERK
138
PETITION TO FORECLOSE
Plaintiff Direct Lending, LLC, by and through counsel, and for its cause of action against the Defendant above named, alleges and states as follows:
JURISDICTION AND VENUE
1. Plaintiff Direct Lending LLC, is an Oklahoma limited liability company.
2. Defendant, Soldbydarko, LLC, is an Oklahoma limited liability company.
3. Defendant Isaac Heath Darko, Jr. A/K/A Isaac Darko is an individual residing in Oklahoma County, State of Oklahoma.
4. Jurisdiction in this Court and venue in Oklahoma County is proper, as the subject property is located therein.
STATEMENT OF FACTS
5. The Property upon which an order of foreclosure is sought herein lies in Oklahoma County, Oklahoma and is more particularly described as follows (the "Property"):
Legal Description: Lots Twenty (20) and Twenty-One (21), in Block One (1), of GRAND VIEW ADDITION, to Oklahoma City, Oklahoma County. Oklahoma, according to the recorded plat thereof.
Street Address: 1009 NW 30th Street, Oklahoma City, OK 73118
6. On or about November 21, 2024, Defendant Soldbydarko, LLC, for valuable consideration, executed and delivered to Plaintiff a Promissory Note (the “Note”), attached as Exhibit A, in the principal sum of one-hundred nineteen thousand dollars ($119,000.00) with payments to begin on December 1, 2024, in the Monthly Payment Amount of one-thousand one hundred and ninety dollars ($1,190.00) (the “Monthly Payment Amount”).
7. The execution of the Note was secured by a Mortgage (the “Mortgage”) that was executed on November 21, 2024, and acknowledged before a Notary Public in the manner prescribed by law. A true and correct copy of the Mortgage is attached as Exhibit B and incorporated herein.
8. The Mortgage, being duly acknowledged, was filed of record with the Oklahoma County Clerk on November 26, 2024, at Book 15935 and Page 1242.
9. Defendant Isaac Heath Darko, Jr. A/KA Isaac Darko signed the Mortgage as a personal guarantor.
10. Defendants, and each of them, have failed to remit any Monthly Payment Amount to Plaintiff since October 10, 2025.
11. Defendants, and each of them, are now in default of a total outstanding and unpaid balance of one-hundred thirty-three thousand three-hundred and forty dollars ($133,340.00); this balance, including but not limited to unpaid principal, unpaid interest, and costs and fees of collection, and the amount due upon the Note and Mortgage will continue to accrue.
12. Plaintiff delivered written notice of such default to Defendants, and Plaintiff has satisfied all conditions precedent to foreclosure.
13. Defendants, and each of them, have failed to cure the default pursuant to the terms of the Note and Mortgage, and are therefore in default.
14. The following parties are joined as named Defendants due to their apparent interests in the Property:
a. All Occupants, if any, may claim some interest in the Property by virtue of occupancy or other interest.
15. Any right, title, or interest claimed by any and all Defendants is subordinate and inferior to the claim by the Plaintiff, and the Plaintiff elects to foreclose on this Note and Mortgage.
16. Plaintiff has satisfied all of the conditions precedent to the foreclosure as required by applicable law.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays for an order of this Court granting the following relief:
A. That each and every Defendants’ right, title, and interest in the Property is subject to the terms of the Note and securing Mortgage; and
B. That the Mortgage is canceled and terminated, each and every Defendant’s interests under the Mortgage and Note are forfeited; and
C. That all monies previously paid by Defendants to Plaintiff under performance or obligation in the Note or Mortgage be retained by Plaintiff as liquidated damages; and
D. That each and every Defendant be required to appear and set forth any claim of right, title, or interest which they have, or may have, in and to the Note, Mortgage, or Property; and
E. That Plaintiff is entitled to judgment in rem against the Property sued upon and all said Defendants adjudging, that the Defendants and all persons claiming under them be barred and foreclosed of all claim, right, and equity of redemption of the Property in Plaintiff’s favor; and
F. That Defendants, and each of them, and all persons with claims under them be enjoined from committing waste or otherwise doing any act that may impair the value of the Property; and
G. That the judgment provides that all right, title, and interest in which the Defendants and all persons claiming under them have or did have in the Property be declared to be terminated and foreclosed; and
H. That the sale of the subject Property be ordered with proceeds applied to the payment of all costs and expenses of foreclosure, to satisfy Plaintiff’s Note and Mortgage, and the surplus, if any, to be paid into the Court; and
I. That Plaintiff is granted reasonable attorney’s fees, costs, and expenses of this action; and
J. That Plaintiff is granted such other legal and equitable relief as the Court may deem appropriate.
Respectfully Submitted:
Catherine Caldwell
Catherine Caldwell, OBA No. 36411
J. Max Nowakowski, OBA No. 33989
Avenue Legal Group, PLLC
933 NW 164th Street, Suite 1, Edmond, OK 73013
Phone: 405-938-3107
Email:
[email protected]
Email:
[email protected]
PROMISSORY NOTE
FOR VALUE RECEIVED the sufficiency of which is hereby acknowledged that Soldbydarko LLC an Oklahoma Limited Liability Company (debtor(s)) does hereby promise to pay to Direct Lending LLC, an Oklahoma Limited Liability Company (Lender) or its order or holder, the sum of $119,000.00 (principal) without offset, payable at 16307 Sonoma Park Dr, Edmond, OK-73013, (or such other place as may be designated by holder) as follows: Payments in the amount of $1,190.00 due monthly on the FIRST day of each month beginning 1st day of December, 2024. Late fee of $500 will be assessed if monthly payment is not received by FIFTH day of each month. The balance of principal shall be paid in one balloon payment on 30th day of April, 2025 together with all accrued interest, any costs of collection, including reasonable attorney's fees if not paid at maturity, and if collected by law or through an attorney-at-law, also attorney’s fees for any litigation, suit or action concerning the same. A 4% loan origination fee calculated of the principal, which should be paid upfront at closing. The monthly interest payment will not be prorated in an event of repayment of this note. If not otherwise prescribed by law, any payments made hereunder shall be applied first to any late penalty and charges related to collection and then to interest due and payable and the remainder, if any to the principal balance remaining unpaid. At any time after default of any term of this agreement or the mortgage securing it, lender may at its sole discretion raise the interest rate on any and all unpaid balances to a default rate of monthly interest of $3,500.00. In the event of default, Lender may declare, at its option, all remaining unpaid balances immediately due and payable.
Debtor agrees that remaining proceeds of the loan, if any, after paying the costs of acquisition of the above real estate shall be deposited in escrow with lender for the sole purpose of applying the proceeds set forth in this paragraph towards repair cost of the property. And each of us (debtors,) whether principal, surety, guarantor, endorser, or any other party hereto, hereby severally waives demand, protest and notice demand, protest and non-payment, and any and all other requirements and acts of diligence on the part of the Payee or Holder necessary to fix liability on us or any of us.
This Note is secured by a mortgage on real property described as:
Lots Twenty (20) and Twenty-one (21), in Block One (1), of GRAND VIEW ADDITION, to Oklahoma City, Oklahoma County, Oklahoma, according to the recorded plat thereof.
(Commonly known- R049000715 - (1009 NW 30th St, Oklahoma City, OK 73118)
which was executed simultaneously with this promissory note and all other Mortgages as the debtors (jointly or severely) previously or later granted to lender as more specifically described in such in the security agreement or mortgage.
This document and related Mortgage constitute the entire agreement between the parties and may not be modified except by written agreement signed by both parties.
PROMISSORY NOTE
Witness my Hand and Seal this 21st day of Nov. 2024.
Soldbydarko LLC
An Oklahoma Limited Liability Company
Debtor/Mortgagor
By Isaac Darko, Manager
ACKNOWLEDGMENT
STATE OF OKLAHOMA )
COUNTY OF OKLAHOMA )
Before me, the undersigned, a Notary Public in and for said County and State on Oklahoma, on 21st day of Nov., 2024 personally appeared, Isaac Darko to me known to be the Manager and the identical persons who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed on behalf of Soldbydarko LLC an Oklahoma Limited Liability Company for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
[signature]
NOTARY PUBLIC
My Commission Expires: 4/28/25
After recording, please return to:
Direct Lending LLC
16307 Sonoma Park Dr
Edmond, OK 73013
REAL ESTATE MORTGAGE WITH POWER OF SALE
KNOW ALL MEN BY THESE PRESENTS that, Soldbydarka LLC, an Oklahoma Limited Liability Company (called "Mortgagor", whether one or more), mortgages to, Direct Lending LLC, an Oklahoma Limited Liability Company whose address is 16307 Sonoma Park Dr, Edmond, OK 73013 (called "Mortgagee"), whether one or more and which term shall be construed to include Mortgagees' successors and assigns, the following described real estate and premises, situated in Pottawatomie County, State of Oklahoma:
Lots Twenty (20) and Twenty-one (21), in Block One (1), of GRAND VIEW ADDITION, to Oklahoma City, Oklahoma County, Oklahoma, according to the recorded plat thereof.
(Commonly known: R049000715 - (1009 NW 30th St, Oklahoma City, OK 73118))
Subject to easement, rights of way, conditions and restrictions of record. With all the buildings and other improvements located or constructed on the real estate, all fixtures, personal property used on or in and appurtenances to the real estate, and Mortgagor assigns and pledges all rents, issues and profits and income derived from the above real estate (collectively referred to as the "Mortgaged Property"). This mortgage, issues and profits and income derived from the Mortgaged Property creates a security interest in the Mortgaged property and like kind future property from the time the Mortgage and assignment is granted even though the assignments of rents, issues and profits and income is not enforceable until default.
Mortgagor warrants the title to the Mortgaged Property.
This Mortgage is given to secure the payment and performance of all of the following (the "Debt"):
(a) Mortgagor's indebtedness as evidenced by the Promissory Note(s) of the same date as this Mortgage, and any modifications, extensions, renewals or substitutions of the original Note(s) with Principal sums, interest and maturity dates as follows:
Principal Amount of Loan: $119,000.00 Maturity Date of Loan: April 30th, 2025.
(b) This Mortgage shall remain in full force and effect regardless of the maturity date of the note until the note/mortgage amounts have been paid in full and including all sums advanced or paid by Mortgagee on account of the failure of the Mortgagor to comply with the terms or covenants of this Mortgage or any note,
agreement or other documents signed by the Mortgagor;
(c) All future loans and advances and all future renewals of loans which Mortgage may take to Mortgagor; and all other debts, obligations and liabilities of every kind and character of Mortgagor now existing, whether or not explicitly referred to, or arising in the future in favor of Mortgagee, whether direct or indirect, absolute or contingent, or originally payable to Mortgagee or any other person; and any renewals or extensions; provided, however, if the Mortgaged Property includes Mortgagor’s principal dwelling or is otherwise a 1 to 4 family dwelling, the Mortgaged Property will not secure any future loan, advance, debt, obligation or liability taken or incurred by Mortgagor principally for personal, family or household purpose.
Mortgagor further agrees (unless Mortgagor did not sign the Note(s), in which case Mortgagor only is signing to grant this Mortgage): (a) to pay the Debt and perform the obligations secured by this Mortgage and any assignment, and when such payment or performance becomes due; (b) to pay and discharge all taxes and assessments before they become delinquent; (c) to keep all the Mortgaged Property and improvements insured and under policies which are acceptable to and for the benefit of the Mortgagee; (d) to cure all title defects or clouds on or claims against Mortgagor’s title which may arise or be discovered; (e) to keep all the Mortgaged Property in good condition and repair, and to repair or replace any damaged or destroyed Mortgaged Property; and (f) to discharge any levies, liens, attachments, or other claims which may be asserted against the Mortgaged Property. Mortgagor also agrees with respect to the Mortgaged Property to comply with all environmental laws and regulations now in force or later promulgated and to disclose to Mortgagor at all times information regarding the environmental status of the Mortgage Property. Mortgagor grants Mortgagee the right to acquire additional environmental information regarding the Mortgaged Property. Mortgagor also grants Mortgagee or its agents a license to enter onto the Mortgaged Property and inspect it for any reason and further agrees to indemnify Mortgagee for any liability associated with Mortgaged Property. The discovery of undisclosed environmental hazards on the Mortgaged Property may at option of Mortgagee be considered an event of default under this Mortgage. In the event of the failure of the Mortgagor to fulfill the agreements of the paragraph, the Mortgage may purchase insurance or pay taxes, assessments or other liens and appropriate sums to protect the Mortgaged Property, and shall have a lien secured by this Mortgage and assignment for the amount of those sums with interest on those amounts at the maximum rate of interest on any debt secured by this Mortgage and assignment.
If Mortgagee is required to give Mortgagor notice, notice mailed or delivered at least 5 days before action is taken will be considered reasonable.
Mortgagor confers on Mortgagee or its attorney or agent the power to sell the Mortgaged Property and the interest of all persons in it in the manner provided in the Oklahoma Power of Sale Mortgage Foreclosure Act. Mortgagee, at its option, may accelerate repayment of the Debt so that the Debt shall become immediately due and payable and may either exercise the Power of Sale or foreclose this Mortgage as
provided by law if the Mortgagor: (a) defaults in the payment of any Debt secured by the Mortgage and assignment; (b) fails to perform any covenant or agreement contained in this Mortgage or in any other indebtedness, obligation or agreement of the Mortgagor to the Mortgagee or to another; (c) sells, conveys, transfers, mortgages, hypothecates, or in any other manner ceases to be the owner or in possession of all or any portion of or interest in the Mortgaged Property except as consented to the Mortgagee or permitted under applicable law; or (d) the Mortgagee otherwise believes the prospect of payment is impaired or the Mortgaged Property is in jeopardy.
Subject to the provisions of the Oklahoma Power of Sale Foreclosure Act, Mortgagee may accelerate payment of the Debt for the reasons stated in this Mortgage without notice, to or demand on Mortgagor.
The Mortgagor irrevocably appoints the Mortgagee its lawful attorney in fact, with Power of Attorney in its name and stead to, upon default, collect any income, rents, issues and profits arising from or accruing at any time after default and that are due under each and all of the leases, contracts and agreements, written or verbal, now existing or existing in the future with reference to the Mortgaged Property, with the same rights and powers and subject to the same immunities, exoneration of liability and rights of recourse and indemnity as the Mortgagor would have. As often as any action may be taken to foreclose this Mortgage or to exercise rights under the Power of Sale Mortgage Foreclosure Act, the Mortgagor agrees to pay any and all attorney's fees to the Mortgagee, in addition to other sums due, which shall be secured by the Mortgage.
If there is a foreclosure of this Mortgage by other than Power of Sale, Mortgagor waives appraisement of the Mortgaged Property, unless Mortgagee seeks an appraisal. Appraisal shall be at the sole option of the Mortgagee, to be declared when the petition to foreclose is filed or when judgment is taken.
Mortgagor understands and agrees that on Mortgagor's default, a court may grant specific performance of Mortgagor's agreements in this Mortgage, and Mortgagee will have the right to take possession of the Mortgaged Property by appointing a receiver in accordance with the Oklahoma Power of Sale Foreclosure Act which authorizes appointment when a condition of a mortgage has not been performed and the mortgage provides for appointment of a receiver. The court may appoint a receiver upon other grounds as specified in Oklahoma Power of Sale Foreclosure Act.
This Mortgage may not be assumed by any other entity or person without the express written consent of Mortgagee.
"A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW THE MORTGAGEE TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY THE MORTGAGOR UNDER THIS MORTGAGE."
SIGNATURE OF MORTGAGOR
Signed and delivered this 21st day of Nov., 2024.
Soldbydarko LLC
an Oklahoma Limited Liability Company
Debtor/Mortgagor
By: Isaac Darko, Manager
STATE OF OKLAHOMA
COUNTY OF OKLAHOMA
Before me, the undersigned Notary Public in and for said County and State on Oklahoma, on 21st day of November, 2024 personally appeared, Isaac Darko to me known to be the Managers, and the identical persons who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed on behalf of Soldbydarko LLC, an Oklahoma Limited Liability Company for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
, NOTARY PUBLIC
My Commission Expires 4/23/25
PERSONAL GUARANTY
The undersigned does hereby jointly and severally guaranty the full and timely payment of all amounts when due and the full performance of all promises, terms and conditions of the above Agreement and related mortgage. I agree that my liability is primary and will not be affected by any settlement, extension, or modification of this agreement or by the discharge or release of the any other person's or entity's obligations, whether or not by operation of law.
Isaac Darko
ACKNOWLEDGMENT FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT
STATE OF OKLAHOMA )
COUNTY OF OKLAHOMA ) SS
Before me, the undersigned, a Notary Public in and for said County and State on 31 day of Nov. 2024 personally appeared, Isaac Darko to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
, NOTARY PUBLIC
My Commission expires:
