21st Mortgage Corporation v. Edna D. Jones

IN THE DISTRICT COURT OF GRADY COUNTY STATE OF OKLAHOMA 21st Mortgage Corporation, Plaintiff, v. Edna D. Jones; and All Unknown Occupants, Defendants. FILED IN DISTRICT COURT Grady County, Oklahoma No. CJ-2024-74 MAR 02 2026 MICA HACKNEY, Court Clerk By: VANESSA HAYES Deputy PETITION (REPLEVIN) 2017 OKCK Mobile Home SERIAL NUMBER: OC011728808 (the "Collateral") 21st Mortgage Corporation, ("Plaintiff") files its Petition for Replevin (the "Petition") and recovery against Edna D. Jones ("Defendant"), and All Unknown Occupants. In support of the Petition, Plaintiff alleges and presents the following: 1. Plaintiff is duly licensed to conduct business in the State of Oklahoma. 2. Edna D. Jones either contracted the indebtedness sued upon herein in Grady County, is a resident of said county or the Collateral is located in Grady County, and therefore venue is proper and this Court has jurisdiction over this matter. 3. Plaintiff is the original owner of the contract, the assignee of the original owner, or authorized by contract or power of attorney to bring this action on behalf of the obligee. 4. Plaintiff held the Contract prior to, at commencement of, and subsequent to the filing of this action. FIRST CAUSE OF ACTION (Repossession of collateral) For the first cause of action against all Defendants, Plaintiff re-alleges paragraphs 1 through 4 above and further states: 5. On or about August 3, 2016, Edna D. Jones executed a retail installment contract and security agreement (the “Contract”), for the purchase of the collateral described as follows: 2017 OKCK Mobile Home SERIAL NUMBER: OC011728808 (the “Collateral”) and all additions or accessions thereto or substitutions, replacements, proceeds or products thereof, which had been pledged on previous loans which Edna D. Jones had with Plaintiff. 6. Plaintiff holds a duly perfected security interest and lien in and to the above described collateral. 7. By virtue of the security agreement executed by Edna D. Jones, Plaintiff has a special ownership interest in the Collateral more particularly described above. Defendants have wrongfully detained the Collateral from the Plaintiff. 8. A default has occurred under the terms and provisions of the Contract, and therefore Plaintiff is entitled to the immediate possession of the Collateral, to foreclose its security interest in and to the Collateral described above, including all proceeds thereof, and to exercise all rights attendant to its status as a secured party. 9. Plaintiff verily believes that Defendants maintain dominion, possession, custody and control over the Collateral subject to Plaintiff’s perfected security interest and lien. 10. Because the account is in default under the terms of the Contract, Plaintiff’s rights in the Collateral are superior to any right, title or interest of Defendants. 11. For purposes of the petition the Plaintiff believes the Collateral to have the value of at least the amount sued for herein. 12. The Collateral has not been taken in execution on any order or judgment against the Plaintiff, or for the payment of any tax, fine, or amercement assessed against the Plaintiff, or by virtue of an Order for Delivery, or any other means or final process issued against the Plaintiff. This item of personal property is exempt by law from being so taken. 13. Plaintiff requests Defendants be restrained from concealing, damaging, destroying, transferring, encumbering or removing the Collateral from the County pending a hearing, and for such other relief as is proper. Defendants should be ordered to disclose to Plaintiff the exact location of the Collateral. 14. That Plaintiff be permitted to exercise its rights in the Collateral and in its discretion to sell or otherwise dispose of the Collateral, with the net proceeds of such sale to be credited towards the indebtedness sued upon herein. 15. Defendants All Unknown Occupants are named parties to this action based on their claim of some right, title or interest in the property which is the subject of this action and over which they claim dominion and control of the Collateral. Any right, title or interest, said Defendants may claim, in and to the Collateral which is the subject of this action, is junior, subsequent and inferior to the claim of the Plaintiff and any claim that said Defendants may claim should be denied herein. The relief requested to these Defendants is IN REM ONLY. SECOND CAUSE OF ACTION AS TO EDNA D. JONES ONLY For the second cause of action, Plaintiff re-alleges paragraphs 1 through 15 above and further states: 16. On or about August 3, 2016, Edna D. Jones executed a retail installment contract and security agreement, whereby Edna D. Jones promised to pay to the holder thereof the sum of $53,616.61, with interest accruing thereon at 9.34% per year as provided for in the Contract. A copy of the Contract is attached hereto and incorporated by reference as Exhibit A. 17. Under the terms of the Contract, Edna D. Jones agreed to pay monthly installments in the amount of $472.97 plus insurance and taxes, beginning on September 15, 2016. The account is in default for nonpayment. As of January 6, 2026, there is due to the Plaintiff from Defendant Edna D. Jones under the Contract the sum of $44,119.78, plus accrued interest in the amount of $1,886.34 good through January 30, 2026 and continuing to accrue at the contract rate from the date of default until paid; late charges as set forth in the Contract; a reasonable attorney's fee; insurance advances by the Plaintiff, if any; and all expenses necessary to protect the property and realize upon the security interest and all costs of this action. 18. The Contract provides that if default occurs, Edna D. Jones agrees to pay all reasonable costs incurred by Plaintiff in collecting same. COMBINED PRAYER FOR RELIEF WHEREFORE, premises considered: 1. FIRST CAUSE OF ACTION: RECOVERY OF COLLATERAL: a. Plaintiff prays for a judgment against the Defendants that its security interest in the Collateral is foreclosed; that all defendants interest in the Collateral be adjudged subject, inferior and junior to the Plaintiff's interest and that the Plaintiff be awarded sole possession of the Collateral. b. Further, Plaintiff prays that the Court adjudicate the inferiority of any claim and that the Court award the Plaintiff, complete, sole and independent possession of the Collateral, free and clear of any rights or claims of the Defendants. Said judgment requested against these said Defendants is In Rem Only. 2. SECOND CAUSE OF ACTION a. Plaintiff prays for a judgment as to Defendants Edna D. Jones in the sum of $44,119.78, plus accrued interest in the amount of $1,886.34 good through January 30, 2026 and continuing to accrue at the contract rate from the date of default, until paid; late charges as set forth in the Contract; a reasonable attorney's fee; insurance advances by the Plaintiff, if any; and all expenses necessary to protect the property and realize upon the security interest and all costs of this action. Respectfully submitted, [Signature] Gretchen M. Latham- OBA No. 17523 41 E. 15th Street Edmond, OK 73013 Phone: (405) 285-9718 [email protected] ATTORNEY FOR 21ST MORTGAGE CORPORATION VERIFICATION I, Jordan Hatcher, a representative of 21st Mortgage Corporation with personal knowledge hereof do hereby state I have reviewed and read the foregoing Petition for Defendant Edna D. Jones, ending #5288 (last four digits) and the content therein is true and correct to the best of my knowledge. __________________________ Jordan Hatcher Representative of 21st Mortgage Corp. Subscribed and sworn to before me this 17th day of February, 2026 by Jordan Hatcher. __________________________ Notary Public (SEAL) My commission expires: 5-24-27 CONSUMER LOAN NOTE, SECURITY AGREEMENT AND DISCLOSURE STATEMENT Do not close before 8/1/2016 LENDER: 21st Mortgage Corp. 620 Market St. Suite 100 Knoxville, TN 37902 NMLS No_________ Reference No ____________ Borrower’s Name: EDNA D JONES Co-Signer’s Name: Co-Borrower’s Name: Co-Signer’s Name: Borrower’s Address: 2489 CR 1230 BLANCHARD OK 73010 Co-Borrower’s Address: THIS AGREEMENT IS SUBJECT TO ARTICLE 3, TITLE 15A OF THE OKLAHOMA STATUTES ANNOTATED In this Consumer Loan Note ("Note"), "Borrower" refers to all persons who sign this Note as "Borrower" and "Co-Borrower", jointly and severally. "Lender" refers to 21st Mortgage Corporation ("21st Mortgage"), and its successors and assigns. Other capitalized terms are defined in the disclosures on this page and in the section of this Note titled, "Itemization of Amount Financed." Borrower promises to advise Lender in writing of any change of Borrower’s mailing address while this Note is in effect. Lender should send any papers or notices concerning this Note to Borrower’s mailing address. On the date of this Note, Borrower finances with Lender the manufactured home described below, together with the related services, furnishings, equipment, appliances and accessories included with the manufactured home (collectively, "Manufactured Home"). Description of Manufactured Home: ☒ New ☐ Used <table> <tr> <th>MANUFACTURER</th> <th>YEAR</th> <th>ADDITIONAL ACCESSORIES AND FURNISHINGS: ITEM AND SERIAL NO.</th> </tr> <tr> <td>OAK CREEK</td> <td>2017</td> <td></td> </tr> <tr> <td>APPROX. LENGTH</td> <td>72</td> <td>APPROX. WIDTH: 18</td> </tr> <tr> <td>SERIAL NO.</td> <td>OC011728808</td> <td></td> </tr> <tr> <td>SERIAL NO.</td> <td></td> <td></td> </tr> <tr> <td>SERIAL NO.</td> <td></td> <td></td> </tr> <tr> <td>SERIAL NO.</td> <td></td> <td></td> </tr> </table> PROMISE TO PAY: Borrower promises to pay Lender the "Unpaid Balance" as listed under the "Itemization of Amount Financed" plus interest. When Borrower signs this Note, Borrower will also pay Lender any "Prepaid Finance Charge" shown in the "Itemization of Amount Financed." Borrower authorizes Lender to include the Prepaid Finance Charges in the Unpaid Balance. Lender will compute and charge interest on the unpaid amount of the Unpaid Balance from the Note date at the yearly rate of 9.34% (the "Note Rate"). When Lender calculates interest, every year shall have 360 days and every month shall have 30 days. Borrower promises to pay interest at the Note Rate on the unpaid amount of the Unpaid Balance of this Note until it is paid in full. Interest after the final scheduled maturity date on this Note, however, shall not exceed the maximum rate allowed by state law. Borrower’s Payment Schedule will be: <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>276</td> <td>$472.97</td> <td>Monthly, beginning 09/15/2016</td> </tr> </table> BORROWER FURTHER PROMISES to pay Lender monthly payments in the number and amounts of payments shown in Borrower’s Payment Schedule. Borrower’s first payment will be due on the first date shown in Borrower’s Payment Schedule, and subsequent payments will be due on the same day each month after that. LENDER WILL APPLY EACH PAYMENT RECEIVED AS OF ITS SCHEDULED DUE DATE. If on the final scheduled payment due date, Borrower still owes amounts under this Note, Borrower will pay those amounts in full on that date (the “Maturity Date”). Borrower will make all payments to 21st Mortgage Corp., 620 Market St. Suite 100, Knoxville, Tennessee 37902, or any other address to which Lender directs Borrower to send Borrower’s payments. SECURITY INTEREST: To secure payment of all sums due or which become due under this Note, and Borrower’s performance of all other terms of the Note, Borrower grants Lender a first priority security interest in (1) the Manufactured Home, and all accessions, attachments, accessories, replacements and additions to the Manufactured Home, whether added now or later; (2) the "Property" described in any mortgage or deed of trust Borrower gives to Lender; (3) Borrower’s rights to refunds of premiums for and payments under, and proceeds of any insurance or any extended warranty or service contract purchased with the proceeds of this Note; (4) any amounts held in escrow by Lender for Borrower; and, (5) proceeds and products of all of the foregoing (collectively, the "Collateral"). Lender’s security interest shall remain in effect until Borrower pays, in full, all amounts due under the Note. Despite any other provision of the Note, however, Lender is not granted, and does not have, a non-purchase money security interest in household goods, to the extent such a security interest is prohibited by applicable law. Borrower will pay any filing or recording fees necessary for Lender to obtain and hold a first priority security interest. To the extent allowed by law, Borrower also agrees to pay any release, discharge or termination fees, after the Borrower pays the Note in full. Borrower agrees to execute any application for certificate of title or ownership, financing statement or other document necessary to perfect Lender's security interest in the Manufactured Home. Borrower authorizes Lender to sign Borrower’s name to any financing statement or application or other document necessary to perfect the security interest granted by Borrower herein. If Lender is taking a security interest in real property, such interest is reflected in a mortgage or deed of trust signed in conjunction with this Note. Borrower’s Initials ___ Co-Borrower’s Initials ____ TRUTH IN LENDING DISCLOSURES. <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>Amount Financed</th> <th>Total of Payments</th> </tr> <tr> <td>The cost of Borrower's credit as a yearly rate.<br>9.95%</td> <td>The dollar amount the credit will cost Borrower.<br>$79,337.60</td> <td>The amount of credit provided to Borrower or on Borrower's behalf.<br>$51,202.12</td> <td>The amount Borrower will have paid should Borrower make all payments as scheduled.<br>$130,539.72</td> </tr> </table> INTEREST RATE AND PAYMENT SUMMARY <table> <tr> <th></th> <th>Rate & Monthly Payment</th> </tr> <tr> <td>Interest Rate</td> <td>9.34%</td> </tr> <tr> <td>Principal + Interest Payment</td> <td>$472.97</td> </tr> <tr> <td>Est. Taxes + Insurance (Escrow)</td> <td>$101.73</td> </tr> <tr> <td>Total Est. Monthly Payment</td> <td>$574.70</td> </tr> </table> Security: Borrower gives Lender a security interest in: [X] The Manufactured Home, which will be located at STREET ADDRESS TBD BLANCHARD OK 73010 [ ] Real property located at Late Charge: If a payment is more than 15 days late, Borrower will be charged 5% of the amount of such payment, not to exceed $24.50. Other references in this Note to the "Late Charge" refer to the amount Prepayment: If Borrower pays off early, Borrower will not have to pay a penalty. Assumption: Someone buying the Manufactured Home may be allowed to assume the remainder of Borrower's obligations under this Note on the original terms only if such person is approved by Lender. Other Information: Refer to the rest of this Note for additional information about nonpayment, default, any required payment in full before the scheduled date and prepayment refunds and penalties. MDIA Refinancing Warning: There is no guarantee that Borrower will be able to refinance the loan to obtain a lower interest rate and/or payment. PROPERTY INSURANCE PROPERTY INSURANCE ON THE MANUFACTURED HOME IS REQUIRED FOR THE TERM OF THIS NOTE. BORROWER HAS THE RIGHT TO OBTAIN SUCH INSURANCE FROM ANYONE AUTHORIZED BY LAW TO SELL IT AND IS REASONABLY ACCEPTABLE TO LENDER. Borrower elects to finance through Lender the below listed property insurance of the specified type, term and premium. <table> <tr> <th>Hazard Insurance Provider</th> <th>Term</th> <th>Premium</th> </tr> <tr> <td>INSURANCE</td> <td>12 months</td> <td>$819.00</td> </tr> </table> * A separate flood insurance policy may or may not be reflected in the information above or financed as part of the loan. Borrower should refer to the appropriate insurance policy documents for more details. Borrower's signature below indicates Borrower's election to finance the above listed property insurance for the type, term and premium shown. Borrower's Signature__________________________ Co-Borrower's Signature__________________________ THIS SPACE LEFT INTENTIONALLY BLANK ITEMIZATION OF AMOUNT FINANCED: 1. Cash Price a. Manufactured Home ** $54,900.00 b. Sales Tax $892.12 c. Total Cash Price (1a plus 1b) $55,792.12 2. Down Payment a. Cash Down Payment $5,700.00 b. Net Trade-In Allowance $0.00 Trade-in ( ) Length: 0 Width: 0 Liens 0 c. Total Down Payment (2a plus 2b) $5,700.00 d. Manufacturer's Rebate $0.00 3. Unpaid Cash Price for Purchase or Refinance a. Unpaid Portion of Cash Price (1c minus 2c and 2d) OR b. For a Refinanced Loan, Amount Paid to Others 4. Amounts paid to others on Borrower’s behalf a. To Insurance Companies ** i. Property Insurance ** $819.00 ii. b. To Public Officials i. Certificate of Title $30.00 ii. Filing/Recording Fees ** $0.00 c. d. To Appraisal Fee $42.00 e. To OK TAG $219.00 f. g. h. i. j. k. Total of All Amounts ((a) through (j)) $1,110.00 5. Prepaid Finance Charges (includes items paid to third parties; items may be financed in part and paid in cash in part) a. Financed i. To Loan Origination Fee $2,406.49 ii. To Flood Certification Fee $8.00 iii. iv. v. vi. b. Paid in Cash i. ii. iii. iv. v. vi. 6. Unpaid Balance (3a + 3b + 4 + 5(a)) $53,616.61 7. Prepaid Finance Charges (total of all items in 5) $2,414.49 8. Amount Financed (6 minus 7) $51,202.12 ** Lender may retain, or receive, a portion of these amounts Security interest termination, release, discharge or satisfaction fees paid upon termination will vary based upon applicable law. This fee is not paid by Borrower at closing. BORROWER'S RIGHT TO PREPAY: BORROWER MAY PREPAY ANY AMOUNTS DUE UNDER THIS NOTE AT ANY TIME WITHOUT PENALTY. A Principal only payment is known as a "Prepayment." Lender will not treat a payment as a Prepayment unless Borrower previously made all monthly payments of principal and interest and fully paid and satisfied all other obligations due under this Note. If Borrower meets these conditions, Borrower may make a Prepayment by sending such Prepayment in accordance with the instructions provided by Lender in a monthly billing statement, or payment coupon, or otherwise as directed by Lender. Borrower may make a full Prepayment or partial Prepayments without paying a Prepayment charge. If Borrower (1) pre pays this Note in full, or (2) defaults and fails to cure the default and Lender demands payment of the entire balance due on this Note, no portion of any Prepaid Finance Charge will be refunded. PROPERTY INSURANCE: Borrower is required to insure the Manufactured Home against physical damage, including loss by fire, hazards included within the term "extended coverage," and any other hazards for which Lender requires insurance, for the term of the Note at Borrower's expense. If Borrower financed the premium, the premium is financed over the term of the Note, even though the term of insurance is less than the Note term. The Borrower must obtain the types and amounts of insurance coverage required by Lender, including flood insurance if applicable. The insurance policy must contain a loss payable clause protecting Lender (as Lender's interest may appear), and provide for at least a 10 day notice of cancellation to Lender. Borrower agrees to provide written proof of such coverage to Lender within 5 days of Lender's request. BORROWER HAS THE RIGHT TO CHOOSE THE ENTITY THROUGH WHICH THE PROPERTY INSURANCE IS OBTAINED. Lender reserves the right to refuse to accept, for reasonable cause, an insurer chosen by the Borrower. If Borrower's insurance coverage expires or is canceled prior to payment in full of this Note, Borrower must obtain coverage in the amounts, types, and for the periods that Lender requires at Borrower's expense for the remaining term of the Note. Lender's property insurance coverage requirements can change during the term of the Note. Should Borrower fail to provide or maintain property insurance or fail to provide Lender with satisfactory evidence of coverage, or should the property insurance, for any reason, not protect Lender's interests, Lender, in its sole discretion, may obtain property insurance that meets its requirements, but is under no legal obligation to do so. Before obtaining insurance in these circumstances, Lender will, in good faith, attempt to inform Borrower in writing of the need for Borrower to obtain property insurance and/or to provide evidence thereof. If obtained by Lender, Lender will add the cost of the insurance to the amount due under the Note. That amount will become due and payable upon demand by the Lender, in payments added to Borrower's scheduled payments, or as otherwise required by Lender. Lender may charge Borrower interest on such cost at the Note Rate, unless prohibited by applicable law. The property insurance obtained by Lender may have material differences from insurance initially financed under the Note or from insurance obtained by the Borrower initially or at any time during the term of the Note. Such insurance may be significantly more expensive to Borrower than if Borrower obtained the insurance. Consequently, Lender makes the following disclosures to Borrower: (a) The property insurance that Lender obtains is intended solely to protect the Lender's interest hereunder, and Lender may not obtain coverages beyond those to insure loss of or damage to the Manufactured Home; in particular, such insurance may not provide coverage for personal effects, adjacent structures, medical expenses or personal liability; additionally, such coverage may not insure the Manufactured Home in an amount equal to the Unpaid Balance due under this Note and, consequently, in the event of loss or damage, the insurance may not pay the full amount of the Unpaid Balance of the Note; (b) If Lender obtains this insurance due to Borrower default, Borrower acknowledges and agrees that Lender has no duty to obtain insurance on behalf of Borrower which is the least expensive, or which has a competitive marketplace premium or any other particular feature or special benefit; (c) Lender or its affiliates may be reimbursed for expenses and may profit from taking action to cure Borrower's default by providing and maintaining such insurance; (d) Borrower's execution of this Note authorizes Lender to provide third parties with any information necessary to obtain insurance on the Manufactured Home and monitor the status of such insurance; and (e) Borrower may, as stated above, at any time, including after Lender obtains property insurance on Borrower's behalf, obtain insurance through an agent or insurer of Borrower's choice. Upon so doing, Borrower may provide Lender with sufficient evidence of insurance coverage, at which time, Lender will cancel the insurance coverage it obtained on Borrower's behalf, obtain any refund due on the unearned portion of the premium, and apply the refund to the Unpaid Balance of the Note. Property insurance proceeds (whether such insurance has been obtained by Borrower or Lender) shall be applied to the restoration or repair of the Manufactured Home, if it is economically feasible and does not lessen the Lender's security interest in the Manufactured Home. If this is not the case, or if the insurer determines that the Manufactured Home represents a total loss under the coverage, Lender will apply such insurance proceeds to reduce all amounts owing under this Note, whether or not such amounts are due and payable. Borrower authorizes Lender to (a) adjust or settle Borrower's claim for loss under such insurance; (b) sign Borrower's name to any check, draft or other documents necessary to obtain such insurance proceeds; and (c) hold such insurance proceeds until Lender has the opportunity to inspect the Manufactured Home and ensure that work to restore or repair the Manufactured Home is completed to Lender's satisfaction, without incurring an obligation to pay Borrower earnings or interest on such proceeds. Lender may disburse proceeds in a single payment or a series of payments and Borrower authorizes any insurer to make such payment directly to Lender. If insurance proceeds paid to Lender do not satisfy all amounts Borrower owes to Lender under this Note, Borrower is responsible for paying the balance. ESCROW ITEMS: To the extent permitted by law, Lender may, at Lender's option, require Borrower to make payments in addition to those set forth in Borrower's Payment Schedule ("Escrow Payments") which Lender will collect and hold for (1) the payment of property insurance premiums required under this Note, (2) the payment of taxes and assessments, and (3) other items which might attain priority over Lender's security interest (each, an "Escrow Item"). Lender will use Borrower's Escrow Payments to pay Escrow Items as they come due. THE BORROWER'S PAYMENT SCHEDULE IN THIS NOTE DOES NOT INCLUDE ANY AMOUNT TO BE PAID UNDER ANY SUCH ESCROW ACCOUNT. SERVICING CHARGES: Borrower agrees to pay all reasonable charges for Lender's performance of additional services requested by Borrower in connection with the servicing of this Note, to the extent permitted by applicable law. ADVANCES TO PROTECT THE COLLATERAL: If Borrower fails to pay for required insurance, if Borrower fails to pay park or lot rent (and any other related charges), if Borrower fails to satisfy taxes, assessments, or other liens or encumbrances against the Manufactured Home, if Borrower fails to keep the Manufactured Home in good repair or if Borrower fails to make any other payments required by this Note or applicable law, Lender may (but is not required to) make such repairs or payments as Lender chooses. Lender will add any and all such payments and any amounts Lender pays to protect or enforce Lender's security interest to the amount Borrower owes Lender under this Note, and all such amounts will be secured by the Collateral. At Lender's sole option, Lender may (1) demand that Borrower repay these amounts immediately, or (2) add these amounts to Borrower's regularly scheduled payments, or (3) add these amounts as additional installments due, or (4) add these amounts to the final installment due on this Note. Unless prohibited by law, Borrower agrees to pay interest at the Note Rate on any amounts that Borrower does not repay immediately. Borrower hereby waives any right to advance written notice of Lender's performance of Borrower's covenants as described under 14A Oklahoma Statutes Annotated § 2-208. DELINQUENCY AND DEFAULT: Time is of the essence. If a payment is more than 15 days late, Borrower will be charged 5% of the amount of such payment, not to exceed $24.50. If any check, negotiable instrument of withdrawal, electronic payment draft or any other instrument is dishonored by Borrower's financial institution, Borrower will pay a fee of $20.00, in addition to being required to make payment on the item. Borrower will be in default under this Note if: (1) Borrower fails to make any payment when due; (2) Borrower otherwise fails to perform any of Borrower's obligations under this Note or under any mortgage or deed of trust which secures this Note; (3) Borrower dies or becomes legally unable to manage Borrower's affairs; (4) any statement of fact, representation or warranty Borrower makes to Lender in Borrower's application for credit, any other document submitted to the Lender or signed by Borrower in connection with this Note, or in any Note document is false, misleading, inaccurate, or incomplete; or (5) Borrower files a petition in bankruptcy, or a party files a petition in bankruptcy against Borrower. In the event of Borrower's default, Lender will give Borrower notice of the default and right to cure the default ("Notice of Default"). Borrower is not entitled to a Notice of Default if Borrower abandons or voluntarily surrenders the Manufactured Home, or if other extreme circumstances exist. Borrower is not, under any circumstances, entitled to a Notice of Default more than twice in any one year period. The Notice of Default will allow Borrower at least 30 days to cure the default. If Borrower does not cure the default within that period after the postmarked date of the Notice of Default, or if a Notice of Default is not required to be sent, Lender may (1) accelerate the maturity of the debt and require Borrower to pay Lender the entire remaining balance and all other amounts due under the Note, (2) require Borrower to make the Manufactured Home available to Lender, (3) take legal action against Borrower, (4) repossess the Manufactured Home, (5) enforce such rights and remedies available to Lender under the Uniform Commercial Code and other applicable law, and (6) foreclose on the real property, if applicable. Lender, at its sole option, may elect to sever and remove the Manufactured Home from any real property where it is located, regardless of whether the real property secures this Note. In the event of default, Borrower also agrees to pay Lender's expenses for (a) reasonable attorney's fees permitted under law after referral to an attorney who is not a salaried employee of the Lender; (b) court costs and disbursements; and (c) costs of repossessing the Manufactured Home including the costs of storage, reconditioning, and resale. Before Lender sells the Manufactured Home, Borrower can get the Manufactured Home back if Borrower either (1) pays off the Note by paying Lender the entire remaining balance and all other amounts due under the Note (redeem), or (2) cures the default by paying Lender the amounts which are past due, including Late Charges (reinstate). Regardless of whether Borrower redeems or reinstates, and before Borrower can get the Manufactured Home back, Borrower must also (1) pay Lender the cost of taking, storing and redelivering the Manufactured Home and other expenses Lender incurs; (2) pay Lender all other charges and other expenses provided for under this Note; (3) pay any amounts advanced by Lender to protect the Collateral, without regard to any agreement to repay such amounts advanced on a periodic basis, including but not limited to unpaid insurance premiums, park or lot rent, taxes, assessments or similar items; and (4) cure any other defaults. Borrower's rights to redeem and/or reinstate end upon sale of the Manufactured Home unless otherwise required by law. All rights and remedies under this Note and any mortgage or deed of trust executed herewith are cumulative, but Borrower's right to a written notice of default and 30 days to cure, as set forth in this Note, shall not be affected by any inconsistent provision of any mortgage or deed of trust. Any personal property of Borrower's located in or attached to the Manufactured Home and not subject to Lender's security interest may be held by Lender without liability if the Lender repossesses the Manufactured Home. Borrower will be deemed to have waived any claim to such personal property unless written demand by certified mail is made upon Lender within twenty-five (25) days after repossession. If Borrower fails to give Lender such written demand, Lender may dispose of such personal property. INFORMATION SHARING: Lender may investigate Borrower's credit history and credit capacity in connection with establishing, modifying, extending, and/or enforcing Borrower's account, and share information about Borrower and Borrower's account with credit reporting agencies and others as allowed by law. Lender may also verify Borrower's employment, income, assets, and debts; and anyone receiving a copy of this Note is hereby authorized to release such information to Lender. Borrower authorizes Lender to release to third parties any information necessary to monitor the status of insurance on Borrower's Manufactured Home, and to obtain the insurance described in this Note. If Borrower's Manufactured Home is on rented property or property that is not owned by Borrower, Borrower authorizes Lender and Borrower's landlord (or the property owner) to exchange information as to Borrowers obligations to Lender under this Note and the status of such obligations, information relating to Lender's security interest in Borrower's Manufactured Home, and information regarding the lease or arrangement between Borrower and landlord (or the property owner), as well as the obligations and status of such obligations to landlord (or the property owner). Whether or not the Borrower rents the Manufactured Home to a party in accordance with the terms of this Note, Borrower authorizes Lender and Borrower's renter to exchange information as to Lender's security interest in Borrower's Manufactured Home and the rental agreement or arrangement, as well as to the obligations, and the status of such obligations of Borrower to Lender under this Note. This provision also applies to any Co-Signer who executes this Note. OTHER TERMS AND CONDITIONS: Borrower will not move the Manufactured Home without Lender's prior written consent. Borrower will not sell the Manufactured Home without Lender's prior written consent. Borrower agrees that the Manufactured Home is, and shall remain, during the term of this Note, personal property. Unless Lender gives prior written consent, Borrower shall not allow the Manufactured Home to become a part of real estate or to lose its status as personal property under applicable law. Borrower will not encumber or abandon the Manufactured Home, nor allow any lot lien, landlord lien, or similar lien, which may by law be superior to Lender's security interest, to encumber the Manufactured Home. Borrower will not use the Manufactured Home for illegal activity. Borrower will not use the Manufactured Home for business or hire, or rent it to another party, without obtaining Lender's prior written consent. Borrower will pay promptly all taxes, assessments, and any liens and encumbrances on the Manufactured Home. Borrower will notify Lender promptly of any loss or damage to the Manufactured Home, as well as any condemnation, confiscation or theft of the Manufactured Home. Upon Lender's request, Borrower will promptly provide Lender with proof satisfactory to Lender that: (1) Borrower has the insurance required under this Note; (2) Borrower has paid all taxes assessed against the Manufactured Home; (3) Borrower has paid all park or lot rent (and any other related charges) due; (4) Lender holds the only lien against the Manufactured Home; (5) the Manufactured Home is in good condition and repair; and (6) Borrower has complied with all of the promises Borrower made in this Note. Lender may inspect the Manufactured Home at any time. If Borrower is married, and residing in a community property state, both Borrower's community property and separate property are liable for all payments under this Note. Borrower waives all marital rights, homestead exemption and other exemptions relating to the Collateral. Borrower will cooperate with Lender regarding any requests after closing to correct any errors with respect to this Note or the transaction and agrees to provide any and all additional documentation deemed necessary by Lender to complete this transaction. Lender may rely on a telecopy, photocopy, or electronically imaged copy of this Note as if it were an original, including use in legal proceedings or arbitrations. Borrower acknowledges that any broker or other third party used to facilitate this transaction may receive compensation from Lender for its services. ASSUMPTION: Someone buying the Manufactured Home may assume the remainder of Borrower's obligations under this Note on the original terms only if such person is approved by Lender. ASSIGNMENT: Lender may assign this Note to any person or entity. All rights granted to Lender under this Note shall apply to any assignee of this Note. WAIVER AND MODIFICATION: Lender's waiver of any default shall not constitute a waiver of any other default. The procurement of required property insurance, or the payment of taxes, or other liens, or other charges, by Lender shall not be a waiver of Lender's right to accelerate the maturity of this Note and declare default herein. To the extent permitted by law, Borrower agrees to give up Borrower's rights to require Lender to do certain things. Borrower does not give up any rights that are provided in this Note. Unless the law or this Note provides otherwise, Lender is not required to: (1) demand payment of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time, or manner; or, (3) give notice that Lender intends to make, or is making, this Note immediately due. WARRANTIES: LENDER MAKES NO WARRANTIES ON THE MANUFACTURED HOME, AND EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, UNLESS GIVEN TO BORROWER BY LENDER IN WRITING AT THE TIME OF SALE. BORROWER AGREES THAT THE YEAR OF THE MANUFACTURED HOME IS FOR IDENTIFICATION PURPOSES ONLY AND MAY NOT BE THE BASIS FOR A WARRANTY OR OTHER CLAIM AGAINST LENDER. THE ABOVE DISCLAIMERS DO NOT AFFECT ANY WARRANTIES COVERING THE MANUFACTURED HOME THAT MAY BE PROVIDED BY THE MANUFACTURER, OTHER THIRD PARTIES, OR THAT ARE REQUIRED BY LAW. VALIDITY AND EFFECTIVENESS: Wherever possible each provision of this Note shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Note is prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, however, the remainder of such provision or the remaining provisions of this Note shall not be invalidated. This Note shall be governed both as to issues of formation and performance by the laws of the State of Oklahoma and applicable federal law. This Note shall have no effect until and unless signed by Borrower and Lender. Lender does not intend to charge or collect any interest, charge, or fee greater than the law allows. If Lender charges or collects any amount greater than what the law allows, Lender will apply the excess to the Unpaid Balance and any other amounts due under the Note and shall refund any excess. Lender will treat any amount applied to the Unpaid Balance as a partial Prepayment. ENTIRE AGREEMENT: This Note, any separate escrow agreement, and any mortgage or deed of trust, together, the "Entire Agreement Documents," shall constitute the entire agreement between Borrower and Lender. To the extent permitted by applicable law, Borrower agrees that no representations, oral or written, have been made to Borrower to induce Borrower to enter into the Entire Agreement Documents, except as set forth therein. GUARANTY: Any Co-Signer signing the guaranty of this Note agrees that all amounts owed under this Note will be paid when due. Co-Signer's obligation continues even if Borrower is released or if Lender waives or delays enforcement of any rights under this Note. Lender need not give Co-Signer notice of any such waiver, delay or release. See Notice to Co-Signer before signing this guaranty. THIS SPACE LEFT INTENTIONALLY BLANK TO CONTACT 21ST MORTGAGE CORPORATION ABOUT THIS ACCOUNT CALL (865) 523-2120 OR 1-800-955-0021. NOTICE TO THE CONSUMER (1) DO NOT SIGN THIS NOTE BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES; (2) YOU ARE ENTITLED TO AN EXACT COPY OF THE NOTE YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS; (3) BY SIGNING THIS NOTE, YOU ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS NOTE; AND, (4) AT ANY TIME, YOU HAVE THE RIGHT TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS NOTE WITHOUT PENALTY. SIGNATURE OF BORROWER(S): "Borrower" refers to all persons who sign this Note as "Borrower" and "Co-Borrower", jointly and severally. Borrower's signature(s) below indicates the following: 1) Borrower has fully and completely read all of this Note; 2) Borrower has consulted independent legal counsel to clarify any matters, if Borrower deemed such was necessary; 3) Borrower has no questions regarding any matters contained in this Note and understands all terms, conditions and obligations set forth in this Note; and, 4) Borrower agrees to fully satisfy and abide by all terms, conditions and obligations set forth in this Note. CAUTION - IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. [Signature] EDNA D JONES (Borrower) Date ______________________________ ___________ (Co-Borrower) Date SIGNATURE OF GUARANTOR(S): The undersigned, jointly and severally, agree(s) to pay all amounts due on this Note until all amounts due on this Note are paid in full. The undersigned also agree(s) to all the terms and conditions of this Note. ______________________________ ___________ (Co-Signer) Date ______________________________ ___________ (Co-Signer) Date NOT VALID UNLESS ACCEPTED BY LENDER: 21ST MORTGAGE CORPORATION By: Anthony Tasone LP Printed Name Title Date Initialing below is not necessary. Borrower(s) should sign above. Oklahoma Tax Commission Motor Vehicle Division Post Office Box 269061 Oklahoma City, Oklahoma 73126 MVC Lien Entry Form Debtor Names and Address (Last Name First) EDNA D JONES Name(s) 2489 COUNTY ROAD 1230 Address BLANCHARD, OK, 73010-3043 City, State, Zip 21ST MORTGAGE CORP Secured Party Name PO BOX 477 Address KNOXVILLE, TN, 37901-0477 City, State, Zip Assignee of Secured Party Name Address City, State, Zip This Lien Entry Form Covers The Following Vehicle Year: 2017 Make: OKCK Body Type: MH OC011728808 Vehicle Identification Number (VIN/HIN) 810002550599 Original Oklahoma Title Number Date of Security Agreement Date Executed: 9/26/2016 Out of State Lienholder Notification Secured Party/Assignee Signature Lender must type and print four (4) identical copies of the Lien Entry Form. Type one Lien Entry Form for each vehicle, boat or outboard motor. One (1) copy to the Oklahoma Tax Commission, one (1) copy to the motor license agent, one (1) copy to the secured party or assignee, one (1) copy attached to the title documents to be given to the debtor. Notice to Debtor: Oklahoma law requires a new owner to title and register his/her vehicle and pay all taxes and fees due within 30 days of acquiring ownership. <table> <tr> <th>Fees (Vehicles)</th> <th>Fees (Boat/Motors)</th> </tr> <tr> <td>Lien Entry Fee........$10.00</td> <td>Lien Entry Fee...........$10.00</td> </tr> <tr> <td>Title Fee..................$11.00</td> <td>Title Fee.....................$2.25</td> </tr> <tr> <td>Mail Fee....................$1.50</td> <td>Mail Fee.....................$1.50</td> </tr> <tr> <td>Total .......................$22.50</td> <td>Total .........................$13.75</td> </tr> </table>