U.S. Bank National Association v. Ernesto Hernandez Zavala and Lydia Patricia Guzman

IN THE DISTRICT COURT IN AND FOR OKLAHOMA COUNTY STATE OF OKLAHOMA U.S. BANK NATIONAL ASSOCIATION; Plaintiff, vs. ERNESTO HERNANDEZ ZAVALA; SPOUSE OF ERNESTO HERNANDEZ ZAVALA, IF MARRIED; LYDIA PATRICIA GUZMAN; SPOUSE OF LYDIA PATRICIA GUZMAN, IF MARRIED; OCCUPANTS OF THE PREMISES; UNITED STATES OF AMERICA, EX REL. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; Defendants. PETITION FOR FORECLOSURE OF MORTGAGE COMES NOW the Plaintiff and for cause of action against the Defendants, alleges and states: 1. Plaintiff is the holder of a note and mortgage secured by real property located within this County in the State of Oklahoma. 2. This court has both jurisdiction and venue for this cause of action. 3. On or about October 11, 2019, the Defendants, Ernesto Hernandez Zavala and Lydia Patricia Guzman, for good and valuable consideration, made, executed and delivered to Great Plains National Bank, a certain promissory note, in writing, promising and agreeing to pay to the holder thereof, the sum of $176,739.00 with interest thereon at the rate of 4.5% per annum THIS FORECLOSURE ACTION UPON COMPLETION IS NOT TO BE CONSTRUED AS A TITLE GUARANTEE OR FOR PURPOSES OF TITLE INSURANCE. on the unpaid balance, payable in monthly installments of $ 895.51, to be applied first to the interest on the unpaid 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 makers of said note, being then and there the owners of the fee simple title of record of the property hereinafter described, made executed and delivered to Mortgage Electronic Registration Systems, Inc., as Nominee for Great Plains National Bank, a real estate purchase money mortgage, encumbering the following real property, to-wit: Lot TWELVE (12), in Block THIRTY-THREE (33), of WIND WOOD ESTATES SECTION 6, to Oklahoma County, Oklahoma, according to the recorded plat thereof, commonly known as 5221 SE 87th St, Oklahoma City, OK 73135 (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 October 14, 2019, in Book No. 14157, at Page 288. 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 14610 at Page 167. 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 October 1, 2025, 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 $157,710.87 with accrued interest thereon, plus interest accruing at the rate of 4.5% per annum from September 1, 2025, 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 $157,710.87, with accrued interest thereon, plus interest accruing at the rate of 4.5% per annum from September 1, 2025, 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, Spouse of Ernesto Hernandez Zavala, if married, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, Spouse of Ernesto Hernandez Zavala, if married, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, Spouse of Ernesto Hernandez Zavala, if married, 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, Spouse of Lydia Patricia Guzman, if married, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, Spouse of Lydia Patricia Guzman, if married, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, Spouse of Lydia Patricia Guzman, if married, 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. 14. 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. 15. That the Defendant, States of America, ex rel. Department of Housing and Urban Development, 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 mortgages. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, States of America, ex rel. Department of Housing and Urban Development, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, States of America, ex rel. Department of Housing and Urban Development, 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 mortgages are attached hereto, marked Exhibit "D" and "E", and incorporated herein by reference. 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 personam and in rem, of and from the Defendants, Ernesto Hernandez Zavala and Lydia Patricia Guzman, in the amount of $157,710.87 with accrued interest thereon, plus interest accruing at the rate of 4.5% per annum from September 1, 2025, 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: ________________________________ Ger'Kayla Tunley, OBA #36283 Samuel R. Fiorelli, OBA #36114 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 ) COUNTY OF TULSA ) ss. Samuel R. Fiorelli, 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: Date: 4/8/26 Title: Attorney Ger'Kayla Tunley, OBA #36283 Samuel R. Fiorelli, OBA #36114 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 8 day of April , 2026, by Samuel R. Fiorelli. Melissa D Savino NOTARY PUBLIC ORIGINAL NOTE October 11, 2019 Oklahoma City, [City] 5221 SE 87th St, Oklahoma City, OK 73135 [Property Address] MIN: LOAN #: FHAgmt No.: Oklahoma [State] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $178,739.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Great Plains National Bank, a National Bank. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 4.500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on December 1, 2019. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to Interest and any other item in the order described in the Security Instrument before Principal. If, on November 1, 2049, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 6701 BROADWAY EXT STE 401 OKLAHOMA CITY, OK 73116 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $895.51. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which 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: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 Modified for FHA 9/15 (rev. 2/16) Erica Mac Inc Page 1 of 2 FHAG3200NOT 0216 FHAG3200NOT CLS 10/04/2019 12:01 PM PST EXHIBIT A LOAN #: all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder’s Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 14 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED [Seal] ERNESTO HERNANDEZ ZAVALA [Seal] LYDIA PATRICIA GUZMAN Lender: Great Plains National Bank NMLS ID: [REDACTED] Loan Originator: Kerry Bryan Heindselman NMLS ID: [REDACTED] [Sign Original Only] ORIGINAL ALLONGE TO NOTE Loan Number: [Redacted] Loan Amount: $176,739.00 Allonge to one certain Note dated: 10/11/2019 And Executed by: Ernesto Hernandez Zavala Lydia Patricia Guzman Property Address: 5221 SE 87th St Oklahoma City, OK 73135 PAY TO THE ORDER OF: U.S. Bank National Association WITHOUT RE COURSE GREAT PLAINS NATIONAL BANK, A NATIONAL BANK BY: _______________________________________ Dan Eads Title: Vice President SIGNATURE/NAME AFFIDAVIT RE: LOAN NUMBER | PROPERTY ADDRESS 5221 SE 87th St, Oklahoma City, OK 73135 BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared, Ernesto Hernandez Zavala who, after being by me first duly sworn, upon oath does depose and say: THAT, Ernesto Hernandez Zavala as the name is signed on the note and/or security instrument is one and the same person as: Ernesto Hernandez Zavala; Ernesto H Zavala; Ernesto Zavala as the name appears in various loan documents. [signature] ERNESTO HERNANDEZ ZAVALA DATE State of: OKLAHOMA County of: OKLAHOMA Subscribed and sworn to (or affirmed) before me on this 11 day of Oct., 2019, by _ERNESTO HERNANDEZ ZAVALA. My Commission expires: ____________ (Seal) [signature] (Notary Public) KRISTAL K. BEARD Notary Public State of Oklahoma Commission # 00068478 Expires 06/14/20 Elvie Mac, Inc. GSNA 1215 GSNA (CLS) 10/04/2019 12:01 PM PST EXHIBIT A SIGNATURE/NAME AFFIDAVIT RE: LOAN NUMBER PROPERTY ADDRESS [REDACTED] 5221 SE 87th St, Oklahoma City, OK 73135 BEFORE ME, the undersigned authority, a Notary Public In and for said County and State, on this day personally appeared Lydia Patricia Guzman who, after being by me first duly sworn, upon oath does depose and say: THAT Lydia Patricia Guzman as the name is signed on the note and/or security instrument is one and the same person as: Lydia Patricia Guzman; Lydia P Guzman; Lydia Guzman as the name appears in various loan documents. LYDIA PATRICIA GUZMAN DATE State of: OKLAHOMA County of: OKLAHOMA Subscribed and sworn to (or affirmed) before me on this 11 day of Oct, 2019 by LYDIA PATRICIA GUZMAN. My Commission expires: ________ (Notary Public) KRISTAL K. BEARD Notary Public State of Oklahoma Commission #00008475 Expires 06/31/229 EXHIBIT A EXHIBIT B (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following RIDERS are to be executed by Borrower (check box as applicable): ☐ Adjustable Rate Rider ☐ Condominium Rider ☐ Planned Unit Development Rider ☐ Other(s) [specify] (I) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all binding final, nonappealable judicial opinions. (J) “Common Area Addition Due,” “Fees and Assessments” means all dues, fees, assessments and other charges that are payable by Borrower or owed by Borrower by a condominium association, homeowners association or similar organization. (K) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes but is not limited to, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) “Escrow Items” means those items that are described in Section 3. (M) “Miscellaneous Proceeds” means any condemnation, settlement, award of damages, or proceeds paid by any third party (other than the proceeds described under the “Miscellaneous Proceeds” described in Section 3) for: (i) damage to, or destruction of, the property; (ii) condemnation or other taking of all or any part of the Property; (iii) convenience in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) “Mortgage Insurance” means a “survance protecting Letter against the nonpayment of, or default on, the Loan. (O) “Policie Payment” means the aggregate scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any other law, account regulation or regulation that governs the same subject area, so that all violations of such law, account regulation, or regulation shall be compliance with all regulations in regard to a “federally related mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA. (Q) “Secretary” means the Secretary of the United States Department of Housing and Urban Development or his designee. (R) “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower’s obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY: The Borrower understands and agrees: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower’s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lander and Lender’s successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the ________ County of Oklahoma. [These Recording Amendments affect the deed and must be recorded in the same recording jurisdiction] SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS “EXHIBIT A”. APN #: which currently has the address of 5221 SE 87th St, Oklahoma City, Oklahoma 73135 (Property Address): (See Coor) [Street] [City] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. Any subsequent additions will also be covered by this Security Instrument. ANY sale of the property is subject to this Security Instrument as the “Property”. Borrower understands and agrees that MERS (as nominee for Lander and Lender’s successors and assigns) has the right to exercise any or all of these interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lander including, but not limited to, releasing and canceling this security instrument. 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. OKLAHOMA - Single Family – Fixed/Variable Rate UNIFORM INSTRUMENT Form 3437 UP1 (rev. 12/03) modified for FHA 5/2014 HUD Handbook 4000.1) Elite Mac, Inc. Page 2 of 9 EXHIBIT B LOAN #: Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 2. Payments due under the Note or this Security Instrument shall be made in U.S. currency. However, if a check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, instructor of checks; or (d) electronic funds transfer. Payments received by Lender at locations designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 14, Lender may return any payment or partial payment if the payment or partial payment is insufficient to bring the Loan current. Lender may apply any payment or partial payment received in whole or in part to any amount then due under the Note or this Security Instrument and from any time such payments are accepted. If each periodic payment is applied as of its scheduled due date, then Borrower need not pay interest on unapplied funds. Lender may hold such unapplied funds. Borrower shall be entitled to bring any unapplied funds current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: First, to the Mortgage Insurance premium to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any assessments, household payments or ground rent, and fire, flood and other hazard insurance premiums, as required; Fourth, to interest due under the Note; Fifth, to taxes, charges, fees, and assessments of the Note; and, Finaly, late charges due under the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the periodic payments. 3. Funds for Escrow Items. Borrower shall pay lender on the day Periodic Payments are due under the Note, unless instructed otherwise in writing, funds ("Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which are assessed on the Property; (b) liability insurance and other insurance required by Lender under Section 5; and (c) Mortgage Insurance premium to be paid by lender to the Secretary, or any other charge by the Secretary instead of the monthly mortgage insurance premium. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower hereby waives notice to Lender all notices of amounts to be escrowed. Upon request of Borrower, Lender will provide to Borrower the Funds for Escrow Items unless Lender determines that a waiver is necessary to permit Lender to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which the payment of Funds has been waived by Lender, and, if Lender determines that a notice to Borrower regarding providing such payments would not be prudent, Lender may require Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in the Security Instrument, as the phrase "covenant and agreement" is used in Section 6. If Borrower is obligated to pay Escrow Items directly, payment of such Escrow Items to Borrower to pay the amounts due for any or all Escrow Items shall be subject to Borrower's rights under Section 9 and pay such amount and Borrower shall notify the obligations under Section 9 to repay to Lender any such amount. Lender may revoke the waiver at any time upon notice to Borrower. In addition, if the Escrow Items are not paid by Borrower as required under this Section 3, Lender may assess and collect the Escrow Items without notice to Borrower and take enforcement action under the Note and this Security Instrument. Lender may, at any time, advise Borrower how funds provided in amounts (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items otherwise in accordance with Applicable Law. The Funds shall be held in an individual savings account that is insured by a Federal agency, instrumentality, or entity (including and if the holder of such account whose deposits are not insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items unless Lender pays interest to Borrower on the Funds. Lender may charge a fee or assessment for any service or charge. Unless an agreement is made in writing, Application for a new request interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as requested by RESPA. OKLAHOMA - Single Family - Family Home/Fixed Rate UNIFORM INSTRUMENT Form SSPP1161 (rev. 18/93) Modified by FHA 8/91 (HUD Handbook 4000.1) Elle Max., Inc. Page 3 of 9 EXHIBIT B If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower, as provided in accordance with RESPA, that is not due to the payment of insurance, as defined under RESPA. Lender shall notify Borrower, as required by RESPA, and Borrower shall pay to Lender, the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Fund held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held in escrow. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impounds attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Common Area Assessment Dues, Fines, and Assessments, if any. To the extent that these items are Escrow Items, Borrower acknowledges that in the event of nonpayment within 30 days: Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Lender remains partially such property; (b) surrenders the lien in proper form; or (c) takes an assignment of the property subject to legal proceedings brought in Lender's action against present the holder of the lien where those proceedings are pending, but only until such proceedings are concluded; or (d) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien and, within 10 days of such notice or notice that notice is given, Borrower shall satisfy the lien or take one or more actions set forth above in this Section 4. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by hazards included within the term "extensive coverage" with other hazards including, but not limited to, earthquake and flood. The amount of the insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice which right shall not be exercised unreasonably. Lender may require Borrower to select from a list of carriers approved by Lender for insurance coverage, either: (a) certain types of coverage; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the Flood Insurance requirements applicable to the Property secured by Borrower. If Borrower fails to maintain any of the covenants described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage may be expensive and may not meet Borrower's needs. Borrower acknowledges that the actual cost of the policies provided may differ greatly from previous policies and that the terms and conditions of the policies obtained may differ significantly from the terms and conditions of the previous policies when Borrower purchased them. Any amounts disbursed by Lender under this Section shall become additional debt of Borrower secured by this Security Instrument. These amounts will accrue interest at the rate from the date of disbursal and shall be paid by Borrower upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies. All such policies shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payer. Lender shall have the right to hold the policies and documents related thereto in Lender's possession. Borrower may not give to Lender the proceeds of any policy, unless required by Lender. If Borrower cures any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payer. In the event of loss or damage to, or destruction of, the Property beyond the ability of Borrower and Lender, Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economical, feasible and Lender's security is not lessened. During such restoration and resaturation period, Lender shall have the right to hold the policies and documents related thereto in Lender's possession and ensure that such Process to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may authorize proceeds for the repairs and restoration in single payment or in a series of progress payments as the work is completed. Unless otherwise agreed, or as may be required by Applicable Law, insurance proceeds payable such insurance proceeds may not be retained by Lender, Borrower or any contractor or other persons providing services for public agencies or other third parties, received by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sum secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Borrower's obligations upon such release of the funds, if any, shall remain unchanged. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given, or if it ever pays and sends notice to the Property, within 30 days after the notice is delivered to Lender. (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of surcharged premiums paid by Borrower) under all insurance policies covering the Property, insoluble as such rights are applicable to the coverage of the Property, Lender may settle, compromise, prosecute, defend or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence EXHIBIT B If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond, is given with 30 days after the date the notice is given, Lender is authorized to cause and apply the Miscellaneous Proceeds either to restoring or repairing the Property or to satisfying this Security Instrument, whether or not then due. "Opposing Party" means the third party that owns Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if: an action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in the forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument; Borrower can cure such a default and, if acceleration has occurred, reinstates as provided in Section 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any action or proceeding that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 5. 11. Borrower Not Released; Possession By Lender Not A Waiver. Extension of the time for payment or modification of any term of the same secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to return any extended time for payment nor shall Lender be relieved of its obligations hereunder by the issuance of any instrument of demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right thereunder. 12. Joint and Several Liability; Co-signers, Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note ("a co-signer"): (a) is bound only by the Security Instrument only to pay, guaranty and contribute the amount he owes to the Person entitled to the payment of the Secured Obligation; (b) personally obligates himself to pay the same secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forebear or make any accommodations with regard to the terms of the Security Instrument or the Note without the co-signer's consent. Subject to the provisions of section 17, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenant and agreement of this Security Instrument shall be binding on Borrower's heirs, personal representatives, successors and assigns of Borrower. 13. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorney's fees, property inspection and valuation fees. Lender may collect fees and charges authorized by the Secretary. Lender may not charge fees that are expressly prohibited by the Security Instrument and/or applicable Law. If the Loan is subject to a law which sets maximum loan charges, and such law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limit, then: (a) such excess shall be deducted by Lender by an amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the remainder of the Note as reduced by the previous refund will be certified by a date of fill-in. Borrower has the option to notify the Note holder. If none in writing to have changes. Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 14. Notices. All notices given to Borrower or Lender in connection with this Security Instrument must be in writing. Except as prohibited by Applicable Law, any notices to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's address as set by other means. Notices to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. In the event that Borrower has designated a substitute address, Borrower has designated a substitute address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through the specified procedure. There may be only one designated house acceptor under this Security Instrument at any one time. Any notice to Borrower will be given to Borrower if it is delivered in person or by certified mail to Lender's address as set forth above or Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 15. Governing Laws; Interpretation; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law may expressly or implicitly allow the parties to the instrument to contract around it, but such stance shall not be construed as a prohibition against agreement by contest. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. OKLAHOMA - Single Family - Fixed Rate/Mobile Home UNIFORM INSTRUMENT Form 3821 1491 (rev 12/93) Modified for FHA/VA/USDOL (HUD Handbook 4800.1) Page 6 of 9 EXHIBIT B LOAN 9 As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding nouns or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 10. Borrower's Cognizance. Borrower shall be given copies of the Note and this Security Instrument. 11. Transfers. The Property or any partial interest therein granted or created under this Section 17, "Interest in the Property" means a legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and is beneficially owned if the Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise would violate applicable Law. 12. Lender's Election to Give Notice of Acceleration. If Lender elects to give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 14 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies provided by this Security Instrument without further notice or demand on Borrower. 13. Borrower's Right to Cure and Avoid Acceleration. If Borrower has cured conditions, Borrower shall have the right to avoid acceleration of a mortgage. These conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing the Security Instrument, including but not limited to, reasonable attorneys' fees, property protection and valuation fees, and any assessments imposed by the Bureau of property tax or interest in the Property and rights under the Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unimpeded. However, Lender is not required to reinstate (i) unless otherwise provided in the Note or permitted by law; (ii) during any subsequent foreclosure proceedings where Lender is already seeking the commencement of a current foreclosure proceedings; (iii) reinstatement will preclude foreclosure on different grounds in the future, or (iv) reinstatement will adversely affect the priority of the lien created by this Security Instrument. Lender may require that Borrower pay sums maintained or received by Lender in one or more of the following forms, as determined by Lender: (n) cash, (m) money order, (c) certified check, bank check, traveler's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity, or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, the Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate does not apply to the call and redemption provision in Section 17. 14. Sale of Note (Charge of Loan Servicers' Notice of Grievances). The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that manages periodic payments, taxes, insurance, and the Security Instrument and any other matters related to this mortgage and this Note, this Security Instrument, and/or any other documents. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer. The address to which payments should be sent and any other information REPS request or convey with a notice of change. If the Note is sold and the title of the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. 20. Governmental or Third Party Beneficiary to Contract of Insurance. Mortgage insurance reimburses Lender (or any entity that purchases the Note) for certain losses if you incur if Borrower does not repay the Loan as agreed. Borrower acknowledges and agrees that the Borrower is not a third party beneficiary to the contract of insurance between the Secretary and Lender and Borrower entitled to enforce any agreement between Lender and the Secretary unless explicitly authorized by law or Appraisal. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, oil, kerosene or light petroleum products, natural gas, propane, acetylene, vinyl chloride, synthetic rubber, nitrosamines, organic compounds, radioactive materials. (b) "Environmental Law" means federal, state, local and foreign laws of jurisdiction where the Property is located that relate to health, safety or environmental protection. (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law, and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Other Duties. Borrower shall not engage in, permit, authorize, allow, consent to, or otherwise assist in, or arrange for any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of any Hazardous Substance, causes or results in danger to persons who live, work, or visit the Property or in damage to the environment or any Hazardous Substance, or significantly reduces the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. 22. Grounds for Acceleration of Debt. (a) Default Without Credit Approval. Borrower shall comply with regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment; or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701-34(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does not reside in the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payment, Lender does not waive its rights with respect to subsequent events. (d) Approval of HUD Secured. In most circumstances, approval of the Secretary will limit Lender's rights in the case of payment defaults, to require immediate payment in full and foreclosure if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for sale under the Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement signed by any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declaring to insure this Security instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to notify a mortgage insurance premium to the Secretary. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 23. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property in its own name and Lender or Lender's assignee may assert any claim against Borrower as assignee on an absolute assignment and not as assignee for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security instrument; (b) Lender shall be entitled to collect and receive all rents and revenues of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Section 23. 24. Action to Collect Rents. If Lender determines that Borrower fails to take control or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 24a. Notice of Intent to Accelerate. Within 30 days after determination by Applicable Law prior to acceleration following a borrower a breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 17 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date not less than 35 days from the date the notice is given to Borrower from which Borrower may avoid the notice; or, if failure to act or delay is excusable, the reason(s) specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property; and (e) 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 set aside a nonresidential sale. Except for any other notice of Breach and Default, if notice was not received at least 30 days before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument 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 Section and in connection with the sale of the Property. 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 Lender's assignee may purchase the Property at any sale. The Secretary of Housing and Urban Development may be a purchaser as described by Applicable Law. If the Secretary of Housing and Urban Development is held by the Secretary and the Secretary requires immediate payment in full under Section 22, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1980 ("Act") (12 U.S.C. 5701-5709), by following procedures described by the Commissioner of HUD. The Secretary shall be permitted to commence proceedings and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Section 24 or applicable law. OKLAHOMA = Single Family – Federal Home Loan Mortgage Corporation UNIFORM INSTRUMENT Form 3027/1/93 (rev. 1/93) Modified for FHA/HUD/2014 (HUD Handbook 4000.1) Elite Moe, Inc. Page 8 of 8 25. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs unless Applicable Law provides otherwise. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 26. Waiver of Appraisement. Appraisement of the Property is waived or not waived at Lender's option, which shall be recorded before oral or the time judgment is entered in any foreclosure. 27. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of U.S. One percent (1%) of unpaid principal balance, but not less than $400 or more than $200. 28. Notice of Sale. A notice of sale, as provided in this Security Instrument, may allow Lender to take the Property and sell it without going to court in a foreclosure action upon default by Borrower under this Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. [Signature] Ernesto Hernandez Zavala 10/11/19 ERNESTO HERNANDEZ ZAVALA [Signature] Lydia Patricia Guzman 10-11-19 10 11 19 LYDIA PATRICIA GUZMAN State of OKLAHOMA County of OKLAHOMA This instrument was acknowledged before me on 10-11-19 (date) by ERNESTO HERNANDEZ ZAVALA AND LYDIA PATRICIA GUZMAN (name(s) of person(s)). My commission expires: [signature] Title (and rank): Notary Public LANDER: Great Plains National Bank NMLS ID: [redacted] Loan Originator: Karry Bryan Heindelman NMLS ID: [redacted] OKLAHOMA = Single Family - Family Meet/Produce Mem UNIFORM INSTRUMENT Modified for FHA &/or HUD (HUD Handbook 4000.1) Eakin Users, Inc. Page 9 of 9 File No.: EXHIBIT A LEGAL DESCRIPTION Lot TWELVE (12), in Block THIRTY-THREE (33), of WIND WOOD ESTATES SECTION 6, to Oklahoma County, Oklahoma, according to the recorded plat thereof. EXHIBIT B ASSIGNMENT OF MORTGAGE FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersigned MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR GREAT PLAINS NATIONAL BANK, ITS SUCCESSORS AND ASSIGNS (ASSIGNOR), (MERS®) [Agent: P.O. Box 7026, Flint, Michigan 48501-2026] by these presents does convey, grant, assign, transfer and set over the described Mortgage, all liens and any rights due or to become due thereon to U.S. BANK NATIONAL ASSOCIATION, AS NOMINEE FOR GREAT PLAINS NATIONAL BANK, ITS SUCCESSORS AND ASSIGNS (ASSIGNEE). Said Mortgage bearing the date 10/11/2019, made by ERNESTO FERNANDEZ ZAVALA, A SINGLE PERSON, AND VICTORIA RAMIREZ GUZMAN, A SINGLE PERSON, AS joint tenants owners of said mortgage, ELECTRONIC REGISTRATION SYSTEMS, INC. AS MORTGAGEE, AS NOMINEE FOR GREAT PLAINS NATIONAL BANK, ITS SUCCESSORS AND ASSIGNS, and recorded in Book 13457 and Page 396 in the records of the County Clerk of OKLAHOMA County, OKLAHOMA, to wit: LOT TWELVE (12), IN BLOCK THIRTY-THREE (33), OF WIND WOOD ESTATES SECTION 6, TO OLAHOKA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. IN WITNESS WHEREOF, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS®"), AS MORTGAGEE, AS NOMINEE FOR GREAT PLAINS NATIONAL BANK, ITS SUCCESSORS AND ASSIGNS, and Michele L. Hayss as signed heretofore this 26th day of January in the year 2021 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS®"), AS MORTGAGEE, AS NOMINEE FOR GREAT PLAINS NATIONAL BANK, ITS SUCCESSORS AND ASSIGNS By /s/ Michele Hayss Michele L. Hayss VICE PRESIDENT STATE OF KENTUCKY COUNTY OF DAVIESS The foregoing instrument was acknowledged before me on this 26th day of January in the year 2021 by Michele L. Hayss, as VICE PRESIDENT OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"). AS MORTGAGEE, AS NOMINEE FOR GREAT PLAINS NATIONAL BANK, ITS SUCCESSORS AND ASSIGNS. He/She/They is (are) personally known to me. By /s/ Surla Brown Surla Brown Notary Public - STATE OF KENTUCKY Commission expires 11/28/2024 Document Prepared By: Aprill Ferguson, U.S. Bank Mortgage Servicing, 4801 Frederica St., Owensboro, KY 42301 PARTIAL CLAIM MORTGAGE FHA Case Number [REDACTED] Property Address: 5221 SE 87TH ST, OKLAHOMA CITY, OKLAHOMA 73135-0000 THIS SUBORDINATE MORTGAGE ("Security Instrument") is given on the date of execution. The Mortgagor is ERNESTO HERNANDEZ ZAVALA AND LYDIA P GUZMAN AKA LYDIA PATRICIA GUZMAN, SINGLE, whose address is 5221 SE 87TH ST, OKLAHOMA CITY, OKLAHOMA 73135-0000 ("Borrower"). This Security Instrument is given to the Secretary of Housing and Urban Development, and whose address is 451 7th Street S.W., Washington, DC 20410 ("Lender"). Borrower owes Lender the principal sum of NINE THOUSAND FIVE HUNDRED EIGHTY-EIGHT AND 62/100ths Dollars (U.S. $9,588.62). Notwithstanding the foregoing or any other provisions contained herein, if personal liability with respect to any amounts payable under the primary Note has been discharged in bankruptcy, Borrower and Lender understand and agree that nothing contained herein with respect to any amounts payable under this Note, shall be construed to impose personal liability to repay any such obligation in violation of such discharge. Borrower and Lender further understand and agree that to the extent that such personal liability with respect to any amounts payable under the primary Note has been discharged in bankruptcy, Borrower is entering into this Note voluntarily for the benefits to be obtained thereby and not as an affirmation of the debt evidenced by the primary Note, and that this Note, or any actions taken by the Lender in relation to this Note, does not constitute a demand for payment or any attempt to collect any such previously discharged obligation. EXHIBIT D This debt is evidenced by Borrower’s note dated the same date as this Security Instrument (“Note”), which provides for the full debt, if not paid earlier, due and payable on NOVEMBER 01, 2049. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, advanced under Paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower’s covenants and agreements under this Security Instrument and the Notes. For this purpose, Borrower does hereby mortgage, warrant, grant and convey to the Lender, with the power of sale the following described property located in OKLAHOMA County, OKLAHOMA: LEGAL DESCRIPTION: THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF OKLAHOMA, CITY OF OKLAHOMA CITY AND STATE OF OKLAHOMA, DESCRIBED AS FOLLOWS: LOT TWELVE (12), IN BLOCK THIRTY-THREE (33), OF WIND WOOD ESTATES SECTION 6, TO OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. PARCEL ID: Tax Parcel No.: [REDACTED] which has the address of 5221 SE 87TH ST, OKLAHOMA CITY, OKLAHOMA 73135-0000 (“Property Address”). TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument 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 warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: [REDACTED] [REDACTED] UNIFORM COVENANTS.. 1. Payment of Principal. Borrower shall pay when due the principal of the debt evidenced by the Note. 2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 3. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. 4. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to: U.S. Department of Housing and Urban Development, Attention: Single Family Notes Branch, 451 7th Street S.W., Washington, DC 20410 or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 5. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law; such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 5. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument: NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 7. Acceleration; Remedies. Lender shall give notice to Borrower, in accordance with Paragraph 4 of this Security Instrument, as required by applicable law prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument 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 7, including, but not limited to, reasonable attorneys' fees and costs of this 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 designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law. If the Lender’s interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 4 of the Note, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. § 3781 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph or applicable law. 8. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Lender may, charge Borrower for the actual costs and fees of recordation of the release where recordation is the Borrower's responsibility under applicable law. 9. Waiver of Appraisement. Appraisement of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. 10. Notice of Power of Sale. A power of sale has been granted in this Security Instrument. A power of sale may allow the Lender to take the Property and sell it without going to court in a foreclosure action upon default by Borrower under this Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Ernesto Hernandez Zavala Date: 12/8/2021 Borrower - ERNESTO HERNANDEZ ZAVALA Lydia P Guzman Date: 12/8/2021 Borrower - LYDIA P GUZMAN AKA LYDIA PATRICIA GUZMAN EXHIBIT D State of OKLAHOMA: County of Oklahoma Before me, in and for this state: on this 8th day of December 2021, personally appeared ERNESTO HERNANDEZ ZAVALA and LYDIA P GUZMAN AKA LYDIA PATRICIA GUZMAN to me known to be the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he/she/they executed the same as his/her/their free and voluntary act and deed for the uses and purposes therein set forth. Notary Public My Commission expires: 19 Jun 2023 EXHIBIT D Recording Requested By/Return To: U.S. BANK FULFILLMENT SERVICES 999 TECH ROW, #200 MADISON HEIGHTS, MICHIGAN 48071 Partial Claim Mortgage FHA Case Number [REDACTED] Property Address: 5221 SE 87TH ST, OKLAHOMA CITY, OKLAHOMA 73135-0000 This Subordinate Mortgage ("Security Instrument") is given on the date of execution. The Mortgagor is ERNESTO HERNANDEZ ZAVALA AND LYDIA P GUZMAN AKA LYDIA PATRICIA GUZMAN, SINGLE, whose address is 5221 SE 87TH ST, OKLAHOMA CITY, OKLAHOMA 73135-0000 ("Borrower"). This Security instrument is given to the Secretary of Housing and Urban Development, and whose address is 451 7th Street S.W., Washington, DC 20410 ("Lender"). Borrower owes Lender the principal sum of ELEVEN THOUSAND NINE HUNDRED SIX AND 68/100THS Dollars (U.S. $11,906.68). Notwithstanding the foregoing or any other provisions contained herein, if personal liability with respect to any amounts payable under the primary Note has been discharged in bankruptcy, Borrower and Lender understand and agree that nothing contained herein with respect to any amounts payable under this Note, shall be construed to impose personal liability to repay any such obligation in violation of such discharge. Borrower and Lender further understand and agree that to the extent that such personal liability with respect to any amounts payable under the primary Note has been discharged in bankruptcy, Borrower is entering into this Note voluntarily for the benefits to be obtained thereby and not as an affirmation of the debt evidenced by the primary Note, and that this Note, or any actions taken by Lender in relation to this Note, does not constitute a demand for payment or any attempt to collect any such previously discharged obligation. EXHIBIT E This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for the full debt, if not paid earlier, due and payable on NOVEMBER 01, 2049. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, advanced under Paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, warrant, grant and convey to Lender, with the power of sale the following described property located in OKLAHOMA County, OKLAHOMA: LEGAL DESCRIPTION: LOT TWELVE (12), IN BLOCK THIRTY-THREE (33), OF WIND WOOD ESTATES SECTION 6, TO OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. PARCEL ID: ________ Tax Parcel No.: ________ which has the address of 5221 SE 87TH ST, OKLAHOMA CITY, OKLAHOMA 73135-0000 ("Property Address"). TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument 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 warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS: Loan Number 1. Payment of Principal. Borrower shall pay the principal of the debt evidenced by the Note when due. 2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment of the sums secured by this Security Instrument granted by Lender to Borrower, or any successor in interest of Borrower, shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy under the Note or this Security Instrument shall not be a waiver of or preclude the exercise of any right or remedy. 3. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the same secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. 4. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to: U.S. Department of Housing and Urban Development, Attention: Single Family Notes Branch, 451 7th Street S.W., Washington, DC 20410 or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 5. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. If any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note that can be given effect without the conflicting provision. To this end, the provisions of this Security Instrument and the Note are declared to be severable. 6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows: 7. Remedies. (a) Notice of Default. Lender will give a notice of default to Borrower following Borrower's breach of any covenant or agreement in this Security Instrument. The notice will specify, in addition to any other information required by applicable law: (i) the default; (ii) the action required to cure the default; (iii) that failure to cure the default on or before the date specified in the notice may result in the sale of the Property; and (iv) Borrower's right to bring a court action to deny the existence of a default or to assert any other defense of Borrower to the sale. (b) Power of Sale; Expenses. If the default is not cured on or before the date specified in the notice, Lender may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender will be entitled to collect all costs and expenses incurred in pursuing its remedies, including but not limited to: (i) reasonable attorneys' fees and costs; and (ii) other fees incurred to protect Lender's interest in the Property and/or rights under this Security Instrument. (c) Notice of Sale; Sale of Property. If Lender invokes the power of sale, Lender will give notice in the manner required by applicable law to Borrower and the other required recipients. Lender will also publish the notice of sale, and the Property will be sold, as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale will be applied in the manner prescribed by applicable law. EXHIBIT E (d) Secretary's Remedies. Notwithstanding the foregoing paragraphs (a)-(c), if the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 4 of the Note, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. § 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property, as provided in the Act. Nothing in the preceding sentence will deprive the Secretary of any rights otherwise available to a Lender under this section 7 or applicable law. 8. Release. Upon payment of all sums secured by this Security Instrument Lender will release this Security Instrument. Borrower will pay any recordation costs associated with such release unless applicable law provides otherwise. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 9. Waiver of Appraisement. Appraisement of the Property is waived or not waived at Lender's option, which will be exercised before or at the time judgment is entered in any foreclosure. 10. Notice of Power of Sale. A power of sale has been granted in this Security 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 Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) signed by Borrower and recorded with it. [signature] ERNESTO HERNÁNDEZ ZAVALA Date: 6/15/2004 [signature] LYDIA P GUZMAN AKA LYDIA PATRICIA GUZMAN Date: 6/15/2004 State of OKLAHOMA, County of Oklahoma Before me, and for this state, on this 15th day of August, 2023, personally appeared ERNESTO HERNANDEZ ZAVALA and LYDIA P GUZMAN AKA LYDIA PATRICIA GUZMAN to me known to be the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he/she/they executed the same as his/her/their free and voluntary act and deed for the uses and purposes therein set forth. (SEAL) [UNOA M CLARY] Notary Public - State of Oklahoma Commission Number 20016879 My Commission Expires Sep 4, 2024 My Commission expires: 9-4-2024 [ ] This remote online notarization involved the use of communication technology. EXHIBIT E