IN THE DISTRICT COURT IN AND FOR WASHINGTON COUNTY
STATE OF OKLAHOMA
SOUTHWEST STAGE FUNDING, LLC )
DBA CASCADE FINANCIAL )
SERVICES; )
Plaintiff,
vs.
THE HEIRS, PERSONAL )
REPRESENTATIVES, DEVISEES, )
TRUSTEES, SUCCESSORS OF )
ROBERT GELNER, DECEASED; )
Defendant.
Case No. CJ-2020-71
Judge Vacuw
PETITION
Plaintiff, Southwest Stage Funding, LLC dba Cascade Financial Services ("Southwest Stage Funding, LLC dba Cascade Financial Services"), for its first cause of action against the Defendant, The Heirs, Personal Representatives, Devisees, Trustees, Successors of Robert Gelner, deceased, alleges and states:
Jurisdiction
1. Plaintiff is a corporation duly authorized to transact business within the State of Oklahoma.
2. Defendant, The Heirs, Personal Representatives, Devisees, Trustees, Successors of Robert Gelner, deceased is a resident of Washington County, State of Oklahoma. The debt, which is the subject matter of this action, was contracted in the State of Oklahoma and the acts complained of herein occurred in Washington County, Oklahoma. The vehicle which is the subject of this action is located in Washington County, Oklahoma. The Court has jurisdiction of
the subject matter hereof and the parties hereto.
3. On or about October 15, 2020 Robert Gelner, deceased, executed a Promissory Note and Security Agreement, a copy of which is attached hereto as Exhibit "A," whereby Robert Gelner, deceased, contracted, covenanted, and agreed to pay Cascade Financial Services, the unpaid balance toward the purchase of a 2021 CMH Homes, Inc. 35ANN18763FH21 CBH034408TX in the amount of $69,537.96, with finance charge at the rate of 8.94% with payments of principal and finance charge to be paid in 275 monthly installments of $645.00 each, continuing on the 10th day of each successive month thereafter, and 1 payment of $646.62, until the total obligation of $72,622.38 was paid in full.
4. Defendant, The Heirs, Personal Representatives, Devisees, Trustees, Successors of Robert Gelner, deceased, is in default under the terms and conditions of the Promissory Note and Security Agreement as required therein. Although due demand has been made upon Defendant, Defendant, has wholly failed, refused and neglected to pay the payments due and owing Plaintiff. After applying credit for all payments made by Defendant, there remains an unpaid balance due and owing Plaintiff in the amount of $69,537.96, with accrued interest thereon, plus interest accruing at the rate of 8.94% per annum from August 10, 2025, until paid, accrued and accruing; insurance and taxes, accrued and accruing; a reasonable attorney's fee provided for in said Promissory Note and Security Agreement, and Plaintiff's costs; and all necessary funds advanced by Plaintiff accrued and accruing hereafter through completion of this action. Defendant is in default and Plaintiff declares the entire amount due and payable at once. Due demand has been made upon Defendant for the payment of this amount or delivery of the vehicle and Defendant, has wholly failed, refused and neglected to pay the balance due and
owing, or deliver the subject vehicle to Plaintiff.
5. Pursuant to the Promissory Note and Security Agreement, Southwest Stage Funding, LLC dba Cascade Financial Services holds a security finance charge in and to the property sold to Defendant, which is described as follows:
2021 CMH Homes, Inc. 35ANN18763FH21 CBH034408TX
6. The provisions of the Promissory Note and Security Agreement executed by Defendant, provided that in the event Debtor defaults in the payment of the indebtedness secured thereby, all obligations secured under the terms of the contract become immediately due and payable and, therefore, Plaintiff may proceed to enforce payment of the same and exercise any and all rights and remedies contained in the security agreement or as provided by law. Default has occurred under the terms of the Promissory Note and Security Agreement and pursuant to its terms, Plaintiff hereby demands payment and immediate delivery of the goods listed above as collateral according to the terms of the contract. Plaintiff’s security finance charge has been perfected against Defendant, and the collateral described above by the filing of a Lien Entry form with the office of the Oklahoma Tax Commission. By reason of Exhibit "A" attached hereto, Plaintiff claims a finance charge in a lien on, and the right to possession of the above-described personal property.
7. Defendant, The Heirs, Personal Representatives, Devisees, Trustees, Successors of Robert Gelner, deceased, is in possession of the subject motor vehicle.
8. The property listed above as collateral was not taken in execution on any order or judgment against Plaintiff or for the payment of any tax, fine, or amercement assessed against it or by virtue of an order of delivery issued under the Replevin law of the State of Oklahoma or
any other mesne or final process issued against said Plaintiff.
9. By virtue of the nature of the personal property described herein, it may easily be concealed, removed, damaged, destroyed, encumbered, mortgaged, or alienated, and Plaintiff is fearful that Defendant, may attempt to conceal, remove, damage, destroy, encumber, mortgage or alienate the property described herein.
10. **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 Retail Installment Contract. 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, Plaintiff prays for in rem judgment against the Defendant, The Heirs, Personal Representatives, Devisees, Trustees, Successors of Robert Gelner, deceased, in the sum of $69,537.96, with accrued interest thereon, plus interest accruing at the rate of 8.94% per annum from August 10, 2025, until paid, accrued and accruing; insurance and taxes, accrued and accruing; a reasonable attorney's fee provided for in said Promissory Note and Security Agreement, and Plaintiff’s costs; and all necessary funds advanced by Plaintiff accrued and accruing hereafter through completion of this action.
Plaintiff further prays that it be awarded judgment against Defendant, The Heirs, Personal Representatives, Devisees, Trustees, Successors of Robert Gelner, deceased, for immediate possession and delivery of the above-described personal property and that the property be sold to satisfy the indebtedness due and owing to Plaintiff.
Plaintiff further prays that an order be issued restraining Defendant, The Heirs, Personal Representatives, Devisees, Trustees, Successors of Robert Gelner, deceased, from concealing, removing, damaging, destroying, encumbering, mortgaging, or alienating the personal property until such time as the Court may direct. Plaintiff further prays for a reasonable attorney's fee and the costs of this action, accrued and accruing, and for such other and further relief as this Court deems just and equitable.
KIVELL, RAYMENT, & FRANCIS, PC
A Professional Corporation
By______________________________
Brian Rayment/0BA #7441
Triad Center, Suite 550
7666 East 61st Street
Tulsa, Oklahoma 74133
Telephone: (918) 254-0626
Facsimile: (918) 254-7915
ATTORNEYS FOR PLAINTIFF, SOUTHWEST STAGE FUNDING, LLC DBA CASCADE FINANCIAL SERVICES
VERIFICATION
STATE OF OKLAHOMA )
) SS.
COUNTY OF TULSA )
I, Brian Rayment, OBA#7441, being duly sworn according to law, upon his oath deposes and states:
That I am the attorney for the Plaintiff named in the foregoing action; that I have read the above Petition and know the contents thereof and that the same are true and correct based upon the records of the Plaintiff.
________________________________
Brian Rayment, OBA#7441
Subscribed and sworn to before me this ___ day of ____________, 2026.
__________________________________________
Notary Public
My Commission Expires:
EXHIBIT A
PROMISSORY NOTE and SECURITY AGREEMENT - MANUFACTURED HOME
Cascade Financial Services
MEANING OF SOME WORDS. In this Promissory Note and Security Agreement (this "Note"), "you" and "your" mean anyone who signs this Note as "Borrower." The words "we," "us" and "our" mean Cascade Financial Services; "Manufactured Home" or "Home" mean the manufactured home, including the appliances in it (see Description of the Manufactured Home below), and "Loan" means the loan we made to you in the principal amount of $75,416.00.
If there is more than one Borrower, each will be obligated, separately and together, to pay all sums due and to keep all promises made to us in this Note.
Subject Property Address: 395537 W 2400 RD OCHLETA, OK 74051
Borrower/s: ROBERT GELNER
<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 your credit as a yearly rate.<br>9.429%</td>
<td>The dollar amount the credit will cost you.<br>$105,399.24</td>
<td>The amount of credit provided to you or on your behalf.<br>$72,622.38</td>
<td>The amount you will have paid after you have made all scheduled payments.<br>$178,021.62</td>
</tr>
</table>
INTEREST RATE AND PAYMENT SUMMARY
<table>
<tr>
<th></th>
<th>Rate & Monthly Payment</th>
</tr>
<tr>
<td>Interest Rate</td>
<td>8.940%</td>
</tr>
<tr>
<td>Principal + Interest Payment</td>
<td>$ 645.00</td>
</tr>
<tr>
<td>Estimated Taxes (Escrow)</td>
<td>$ 56.53</td>
</tr>
<tr>
<td>Estimated Insurance (Escrow)</td>
<td>$ 103.50</td>
</tr>
<tr>
<td>Total Estimated Monthly Payment</td>
<td>$ 805.03</td>
</tr>
</table>
No Guarantee to Refinance. There is no guarantee that you will be able to refinance to lower your rate and payments.
Late Charge: If your payment is more than 15 days late, you will pay a late charge equal to 5% of the unpaid amount of the payment.
Security: You are giving a security interest in the Manufactured Home and related household goods.
Prepayment: You may prepay all or any portion of your debt under this Note at any time without penalty.
Assumption: Someone buying your Manufactured Home cannot assume the remainder of the Note on the original terms.
Property Insurance: You may purchase required property insurance from any person of your choice that is acceptable to us. If you choose to purchase property insurance through us, the cost will be $N/A for a term of N/A.
Other Information: Refer to the rest of this Note for any additional information about security interests, nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties.
1. PROMISE TO PAY AND PAYMENT TERMS. You promise to pay us $ 75,416.00 ("Principal") plus simple interest as provided below. When you sign this Note, you will also pay us any "Prepaid Finance Charge" shown in the "Itemization of Amount Financed." X If the box is checked, the Principal includes any Prepaid Finance Charges that we advanced to you. We will compute and charge interest as provided below at the yearly rate of 8.940 % (the "Note Rate"). Interest begins to accrue 30 days before your first payment is due.
When we calculate interest, every year shall have 360 days.
You promise to pay interest at the Note Rate on the unpaid Principal balance of this Note until it is paid in full; however, interest after the final scheduled payment date on this Note shall not exceed the maximum rate allowed by state law.
You promise to pay the principal and interest by paying to us monthly payments in the number and amounts of payments shown below:
Number of Payments | Amount of Payments
------------------|--------------
275 | $645.00
1 | $646.62
Generally, your first payment will be due at least 30 days but not more than 35 days after the loan proceeds are disbursed. The exact first payment due date will be specified for you in writing once the Home is in place. Subsequent payments will be due on the same day of each month after that. (For example, if your first payment is due on April 15, your second payment would be due on May 15, and subsequent payments would be due on the 15th each month thereafter). You will make each scheduled payment on or before its due date until you have paid in full the Principal, accrued interest and any other charges that you may owe under this Note. If, on the date you make your last scheduled payment (the "Maturity Date"), you still owe amounts under this Note, you will pay those amounts in full on that date. The exact Maturity Date will be specified for you in writing once the Home is in place.
Each payment will be applied as of its scheduled due date. Unless we agree differently in writing, or the law requires otherwise, payments will be applied in the following order: (1) any "Escrow Items" as provided in Section 9.F of this Note, (2) accrued unpaid interest, (3) Principal, (4) "Advances to Protect the Collateral" as provided in Section 12.B of this Note, (5) unpaid collection costs, (6) dishonored check charges, (7) late charges.
You will make all payments to Cascade Financial Services; P.O. Box 613703 Memphis, TN 38101, or any other address to which we later tell you (in writing) to send your payments.
We do not intend to charge or collect any interest, charge, or fee that is more than the law allows. If we charge or collect any amount over what the law allows, we will apply the excess first to the unpaid scheduled monthly payments, and we will refund any excess if you have paid in full all amounts you owe under this Note. Any amount applied to unpaid scheduled monthly payments will be treated as a partial prepayment.
ITEMIZATION OF AMOUNT FINANCED
1. AMOUNTS PAID TO YOU
a. Amount of Credit Provided to You $ N/A
b. Amount Credited to Your Account $ 320.06
c. Total Amount Paid to You $ 320.06
2. AMOUNTS PAID TO SELLER:
a. Cash Price of Manufactured Home (including sales tax of $1,173.00): $ 74,784.50
b. Down payment $ 3,760.00
c. Total Paid to Seller (2.a. minus 2.b.): $ 71,024.50
3. FEES PAID TO US
a. Discount Point(s) $
b. Origination Fee $ 2,688.87
c. Overnight Fee $
d. Total Amount of Fees Paid to Us $ 2,688.87
4. AMOUNTS PAID RE LIENS/TAXES/ETC.
a. Lien Perfection Fees $
b. $
c. Total Amount Re Liens/Taxes/etc. $ 0.00
5. AMOUNTS PAID TO OTHERS
STATE FARM FIRE AND CASUALTY COMPANY
For: Hazard Insurance Premium $ 1,242.00
To: $
For: Flood Insurance Premium $
To: $
For: Credit Report Fee $ 35.82
To: CoreLogic Flood Services $
For: Flood Cert Fee $ 12.50
To: Data Comp $
For: Appraisal Fee $
To: UPF Services $
For: Tax Services Fee $ 92.25
g. Total Amounts Paid to Others $ 1,382.57
6. SELLER PAID CLOSING COST $
7. PRINCIPAL BALANCE(1c+2c+3d+4c+5g-6) $ 75,416.00
8. LESS: PREPAID FINANCE CHARGES $ 2,793.62
9. AMOUNT FINANCED (line 7 minus line 8) $ 72,622.38
2. LATE CHARGE; DISHONORED CHECK CHARGE. Each time you fail to make a payment in full within 15 days of the date it is due, you will pay a late charge of five percent (5%) of the unpaid amount of such payment. Only one late charge may be collected on any installment no matter how long it remains in default.
If a check, item, paper or electronic payment, or other payment device you give us for payment on your account is not paid or is dishonored by your financial institution, you will pay us a dishonored check charge of $30.00, or the maximum amount allowed by law, if less.
3. YOUR RIGHT TO PREPAY: YOU MAY PREPAY ANY AMOUNTS DUE UNDER THIS NOTE AT ANY TIME WITHOUT PENALTY. You have the right to make payments at any time before they are due. Unless we agree otherwise in writing, we will apply your prepayments to reduce your Principal balance. If you (1) prepay this Note in full, or (2) default and fail to cure your default and we demand payment of the entire balance due on this Note, no portion of any Prepaid Finance Charge will be rebated unless required by law. We earn all Prepaid Finance Charges at the time the Note is made.
4. ASSUMPTION. Someone buying your Manufactured Home cannot assume the remainder of the Note on the original terms.
5. DESCRIPTION OF THE MANUFACTURED HOME
<table>
<tr>
<th> </th>
<th>2021</th>
<th>CMH HOMES, INC.</th>
</tr>
<tr>
<th>New/Used</th>
<th>Year</th>
<th>Manufacturer's Name</th>
</tr>
<tr>
<td>35ANN18763FH21</td>
<td>76x18</td>
<td>TBD</td>
</tr>
<tr>
<td>Model Name or Model No.</td>
<td>Length/Width</td>
<td>Manufacturer's Serial No.</td>
</tr>
<tr>
<td colspan="3">The Manufactured Home includes the additional Appliances, Accessories and Furnishings:</td>
</tr>
<tr>
<td>Tires and Wheels</td>
<td></td>
<td>[ ] A/C Units</td>
</tr>
<tr>
<td>[ X ] Refrigerator</td>
<td></td>
<td>[ ] Axles</td>
</tr>
<tr>
<td>[ X ] Oven/Range</td>
<td></td>
<td>[ ] Accessory Shed</td>
</tr>
<tr>
<td>[ __ ] Washer</td>
<td></td>
<td>[ X ] Skirting</td>
</tr>
<tr>
<td>[ __ ] Dryer</td>
<td></td>
<td>[ ] Other</td>
</tr>
</table>
6. LOCATION OF THE MANUFACTURED HOME. Until all amounts owed under this Note are paid in full, you promise that the Manufactured Home will be located at the following address ("Your Address"):
3956537 W 2400 RD
OCHLETA, OK 74051
County: WASHINGTON
You promise not to remove your Home from Your Address unless you get our permission in writing first.
We will send all notices concerning your Home to Your Address unless you provide a different mailing address below.
Street or Route ___________________________ City ___________________________
State ________ Zip Code ___________________________
7. OUR SECURITY INTEREST. To secure payment of all sums due or which become due under this Note, and your performance of all other terms of this Note, you grant us a first priority security interest in (1) the Manufactured Home, and all current and future accessories, attachments, accessories, and additions to the Home, (2) your rights to refunds of premiums for and payments under, and proceeds of any insurance purchased using proceeds of this Note, (3) any substitutions or replacements of the foregoing, and (4) proceeds and products of all of the foregoing (collectively, the "Collateral"). Our security interest shall remain in effect until you have paid in full all amounts due under this Note. Despite any other provision of this Note, however, we are not granted, and will not have, a non-purchase money security interest in household goods, to the extent such a security interest would be prohibited by applicable law. You will pay any filing or recording fees necessary for us to get and keep in force our security interest, and any release, discharge or termination fees, after the Note is paid in full. You authorize us to sign and file financing statements covering the Collateral without your signature. You authorize us to sign and file a copy of this Note as a financing statement.
8. REQUIRED HAZARD INSURANCE. You must insure the Manufactured Home against loss by fire, and other hazards included within the term "extended coverage." Whenever the Manufactured Home is transported on the highway, you must have trip insurance. Whenever the Manufactured Home is located in an area that has been identified by the Federal Emergency Management Agency as an area having special flood hazards, you must get flood insurance. This "Required Insurance" must be in an amount equal to the lesser of the actual cash value of the Manufactured Home or the remaining unpaid balance owing under this Note, with deductibles not to exceed $500 (the "Minimum Coverage").
The Required Insurance must (1) be issued by an insurer and have terms and conditions satisfactory to us, (2) name "Southwest Stage Funding, LLC dba Cascade Financial Services and its successors and assigns, as their interests may appear," as loss payee, (3) not permit the addition of any other loss payee to the insurance policy, unless we consent in writing, (4) provide that such insurance will not be canceled or modified without at least 30 days prior written notice to the loss payee, and (5) not include any disclaimer of the Insurer's liability for failure to give such notice.
You have the right to purchase insurance or provide existing coverage through any insurance company or agent of your choice that is reasonably acceptable to us.
You agree to keep the Required Insurance in force until all amounts you owe us under this Note are paid in full. You will provide us with the original insurance policy, or other proof satisfactory to us of the Required Insurance. You will provide us with proof of renewal of the Required Insurance at least 30 days prior to any scheduled termination. You grant and assign to us the proceeds of any and all insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake insurance, which in type or amount is beyond the Minimum Coverage.
In the event of a loss to the Manufactured Home, you shall give prompt notice to us and the insurance carrier. If you fail to promptly notify or make proof of loss to the insurance carrier, we may do so on your behalf. In the event of loss or damage to the Manufactured Home, we may require additional security or assurances of payment before we allow insurance proceeds to be used to repair or replace the Manufactured Home. We may, if we want, use any insurance proceeds to reduce any amounts owing under this Note. You authorize us to adjust your losses, and sign your name to any check, draft or other papers necessary to obtain such insurance payments. You authorize any insurer to pay us directly. If insurance proceeds paid to us do not pay off all amounts owed us under this Note in full, you are responsible for the balance.
If at any time you fail to buy or keep in force the Required Insurance, we may (but are not required to) get it for you, at your expense. To the extent permitted by applicable law, you agree that any insurance we purchase may be for the protection of only our interest in the Manufactured Home, may not fully protect you in the event of a loss, and may be for such reasonable period as we determine. If we decide, in our sole discretion, to obtain insurance, we will notify you of that fact. You understand that the insurance premiums may be higher if we must purchase the insurance than might be the case if you had purchased the insurance.
You agree that we or one of our affiliates may earn a fee or commission in connection with placement of any insurance sold in connection with this Note to the extent permitted by law. You authorize us to release to third parties any information necessary to monitor the status of insurance on your Manufactured Home, and to get the insurance described in this Note.
If we have purchased any insurance on your behalf, at your expense, and if you prepay in full all amounts you owe under this Note, (1) we will provide you with any notice required by applicable law, and (2) you have the right to cancel the insurance and receive a refund or credit of unearned premiums or to continue the insurance, but unless you specifically request cancellation in writing, the insurance will remain in effect until the scheduled expiration date.
9. CARE OF THE COLLATERAL. You agree that:
A. Our Lien. You will do whatever is necessary for us to have a first priority security interest in the Collateral. You will not grant or permit any lien on the Collateral other than ours. You will sign any additional documents or provide us with any additional information we may require in connection with our security interest in the Collateral.
B. Use of the Home. You will keep the Manufactured Home in your possession and in good condition and repair. You will not use the Manufactured Home for business or rent it to someone else without getting our permission in writing first. You will use the Manufactured Home only for its intended and lawful purposes. The Manufactured Home is personal property. You will not allow the Manufactured Home to become part of the real estate without getting our permission in writing first. You will not violate any restrictive covenants, rules or regulations relating to the real property and/or facility where the Manufactured Home is located.
C. No Sale. You will not sell or transfer any rights in the Collateral without getting our permission in writing first.
D. Taxes and Assessments. You will pay when due rental payments and other charges and assessments, relating to the real property and/or facility on which the Manufactured Home is located. You will pay when due all taxes, fees, expenses, and assessments on or against the Manufactured Home.
E. Our Right to Information/Sharing of Loan Information. You will notify us promptly of any loss or damage to, or confiscation or theft of the Manufactured Home. When we ask for it, you promptly will provide us with proof that (1) you have the Required Insurance, (2) all taxes assessed against the Manufactured Home have been paid, (3) all park or lot rent (and any other related charges) due have been paid, (4) our lien is the only lien against the Collateral, and (5) the Manufactured Home is in good condition and repair. You will provide us reasonable access to inspect the Manufactured Home. If your Manufactured Home is on rented property, you authorize us to exchange information with your landlord about your Loan (including but not limited to your payment terms, loan balance, and past due payments on this Note) and your lease. In addition, you authorize us to exchange this information with any other entity obligated to pay us in the event you default on your Loan, including the Retailer who sold you your Manufactured Home.
F. Escrow Items. To the extent permitted by law, during the term of this Note, at our option, we may require you to make monthly payments ("Escrow Payments") for (1) premiums for Required Insurance, (2) taxes and assessments, and (3) other items which might attain priority over our security interest (each, an "Escrow Item"). We may also require you to pay amounts for Escrow Items at closing. We will use your Escrow Payments and amounts we collect at closing for Escrow Items to pay Escrow Items as they come due.
G. Limited Power of Attorney. You grant us and any corporate officer designated by us a limited power of attorney, which cannot be cancelled, to sign any documents reasonably necessary to register or perfect our security interest in the Manufactured Home, or to insure, protect, sell or otherwise deal with the Manufactured Home in the event of your default. This power of attorney may not be used for a confession of judgment. You authorize us to sign your name to any document as necessary to collect proceeds of Required Insurance due us.
10. DEFAULT. You will be in default on this Note if: (1) you fail to make when due any payment under this Note; or (2) you fail to keep any other promise you have made in the Note; or (3) you file a petition in bankruptcy; or (4) you die or become legally unable to manage your affairs; or (5) any statement of fact, representation or warranty you make to us in your application for credit or in this Note is false, misleading, inaccurate, or incomplete.
11. NOTICE OF DEFAULT. If you are in default, we will send you a Notice of Default and Right to Cure Default (the "Notice"), when required by law. The Notice will explain why you are in default and how you can cure the default. If we are required to send you a Notice, we will not accelerate the unpaid balance of the Note or repossess any Collateral until after we send you the Notice, and any cure period it describes expires. We may not be required to send you a Notice if (1) you have abandoned or surrendered the Collateral, (2) you received two Notices in the prior one-year period, or (3) other extreme circumstances exist.
12. REMEDIES. If you are in default on this Note, we have all of the remedies provided by law and this Note. Before using a remedy, we will send you any notice and wait for any cure period that the law may require for that remedy. Our remedies include the following:
A. Entire Balance Due Immediately. We may require you to immediately pay us in full all amounts you owe under this Note.
B. Advances to Protect the Collateral. We may, but are not required to, (1) pay taxes, insurance premiums, fees, expenses, charges or assessments relating to the Manufactured Home, (2) satisfy liens on, or (3) make repairs to the Manufactured Home if you have not done so as required in this Note. Any amounts we pay may be added to the balance you owe us and will be secured by the Collateral. At our sole option, we may (1) demand that you repay these amounts immediately, (2) add these amounts to your regularly scheduled payments, (3) add these amounts as additional installments due, (4) add these amounts to the final installment due on this Note, or (5) demand that you repay these amounts in any other manner we request that complies with applicable law. You will pay us interest at the Note Rate on any such amounts not repaid immediately by you.
C. Attorney's Fees. You will pay our costs for collecting amounts you owe us, including, without limitation, court costs, reasonable attorneys' fees (after default if we refer your Note for collection to an attorney who is not our salaried employee) and all other costs we incur, to the extent permitted by applicable law.
D. Repossession. We may repossess the Manufactured Home if: (1) you are in default; and (2) you do not use any right to cure your default that you may have. After we follow these steps, we may repossess without giving you any further notice. We may repossess peacefully from the place where the Manufactured Home is located without your permission. We also may require you to make the Manufactured Home available to us at a place we designate that is reasonably convenient to you and us. At our option, to the extent permitted by law, we may detach and remove the Manufactured Home from the real property on which it is located, or we may take possession of it and leave it on the real property. You agree to cooperate with us if we exercise these rights.
If we repossess the Manufactured Home, and you do not exercise any right to cure or redeem the Manufactured Home that you may have, we may dispose of it as required by applicable law. We will give you written notice before any repossession sale. The notice shall be sent to Your Address or to any other address which you later give us in writing.
Before the sale you still may get back the Manufactured Home if you (1) pay us all installments due or past due at the time of delivery of the Manufactured Home back to you, (2) pay us all unpaid late, dishonored check or deferred charges, (3) pay us our costs of suit, including but not limited to attorneys' fees to which we have a right under this Note, (4) cure any other defaults which may have occurred, and (5) pay us the expenses of retaking, repairing and storing the Manufactured Home allowed by law. We will apply the proceeds of any repossession sale (1) first, to our expenses in selling the Manufactured Home, then (2) to our costs of retaking, repairing and storing the Manufactured Home, then (3) to our reasonable and actual court costs and any attorneys' fees, collection costs and disbursements to which we have a right under the terms of this Note, then (4) to late charges, and then (5) to the balance still due.
If there is any surplus money from the repossession sale, it will be refunded to you. If there is still a balance due us, you must pay it to us.
If we repossess, we also may take possession of any other property anywhere in or attached to the Manufactured Home. We agree to return all such property to you upon your request. We may hold the property for you at your risk without liability on our part. If we take possession of any such property, we will notify you in writing. If you do not then promptly claim and take possession of this property, we have your permission to dispose of it in a reasonable manner. You will pay any reasonable charges that we may incur for storing or shipping such property.
E. Cancel Financed Insurance. We may cancel any insurance we financed for you, obtain a refund of unearned premiums, and apply it against amounts owing under this Note.
F. Suit for Deficiency. Except when prohibited by law, if the repossession sale proceeds do not pay in full all of the amounts you owe under this Note, we may sue you for the remaining balance.
G. Cumulative Remedies. By choosing any one or more of these remedies, we do not lose our right to later use one or more other remedies, except as limited by applicable law. Exercise of any one or more remedies against one or more of you will not prevent us from pursuing any other remedy or remedies against any one or more of you in the future. If we do not act on any default, we do not give up our right to later treat that type of event as a default.
13. OTHER TERMS AND CONDITIONS. You agree (A) that if you are married, and residing in a community property state, both your community property and separate property will be liable for all payments due under this Note; (B) that you waive all marital rights, homestead exemption and other exemptions relating to any property in which you granted us a security interest; (C) that to correct clerical errors, or to facilitate our sale of any interest in this Note to an investor, or to further the intent of the transaction as contemplated, within fifteen (15) days of our request, to the extent permitted by law, you will (i) execute, or initial, and deliver to us any documents we require, and (ii) cooperate and take any actions we reasonably request.
14. OBLIGATIONS INDEPENDENT. Each of you who signs this Note, including any guarantor, is responsible independently to pay all amounts which are due or become due under it and to keep the other promises made in this Note. Each of you has this responsibility even if: (1) someone else also has signed it; or (2) we release or do not try to collect amounts due from another who is also responsible to pay this Note; or (3) we release any security or do not try to take back any Collateral; or (4) we give up any other rights we may have; or (5) we extend new credit or renew or modify this Note.
15. WAIVER. Unless the law or this Note provides otherwise, we are 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 we intend to make, or are making, this Note immediately due.
16. CREDIT INFORMATION AND IDENTITY CONFIRMATION. We may investigate your credit history and credit capacity in connection with opening, updating, modifying, extending, and/or collecting your account, and share information about you and your account with credit reporting agencies. We also may verify your employment, income, assets, and debts; and anyone receiving a copy of this Note is hereby authorized to release such information to us. We may confirm your identity, and this Note will not be valid unless and until we have completed our customer identification protocol with respect to you.
17. CALL RECORDING AND OUTBOUND CALLING. By executing this Note, you acknowledge and agree that we may, for customer service and training purposes or for other legitimate business reasons, monitor or record our telephone calls with you, including all calls we have with you in connection with the origination or servicing of your loan. By executing this Note, you also consent to us and our affiliates, agents, service providers or assignees using an automatic telephone dialing system ("ATDS") and/or an artificial or prerecorded message to call you at any telephone number you provide to us in connection with your account now or in the future, including cellular telephone numbers. We will not charge you for any communication we make or attempt, but your communication service provider may. If you wish to withdraw consent to receive ATDS or artificial or prerecorded calls, you agree to do so by calling us at (866) 939-5581, emailing us at
[email protected], or writing to us at Cascade, Attn: Customer Service, PO BOX 2377 Chandler, AZ 85244. You agree to notify us if any telephone number associated with your account changes or is reassigned a new subscriber. You certify that you have the authority to provide this consent because you are either the subscriber of the telephone number or a non-subscriber customary user with authority to provide this consent. In addition, you understand and agree we and any of our affiliates, agents, service providers or assignees may always communicate with you in any manner permissible by law that does not require your consent.
18. SEPARATE COUNTERPARTS. This Note may be executed by you in separate counterparts, each of which when so executed and delivered shall be a duplicate original, but all such counterparts shall together constitute a single Note.
19. LAW THAT APPLIES TO THIS NOTE. This Note is governed by the applicable laws and regulations of the United States and of the state where the Home is to be located.
20. ENTIRE AGREEMENT. This Note states the entire agreement between you and us and may be changed only by a writing signed by you and us.
21. VALIDITY. Wherever possible each provision of this Note shall be interpreted in such a manner as to be effective and valid under applicable law. If a court decides that any part of the Note is not valid, the rest of the Note still will be binding and effective.
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NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
YOU ACKNOWLEDGE THAT ON THE DATE YOU SIGN BELOW, YOU READ, SIGNED AND RECEIVED A COPY OF THIS NOTE WITH ALL BLANKS COMPLETED.
[Signature] ROBERT GELNER 10/15/2020 | 13:31:32 PDT
Borrower 1
Date
ROBERT GELNER
Printed Name
[ ] Borrower 2
Date
Printed Name
GUARANTEE OF BORROWER'S PROMISES. The undersigned, jointly and severally, agree(s) to pay amounts due on this Note as of today's date and 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.
On __________ I (we) read, signed, and received a completely filled in copy of this Note.
Cosigner: X ________________________________ Cosigner: X ________________________________
For Persons with No Personal Liability on the Note
You are signing this Note only to give us a security interest in the Collateral. You agree to all of the terms and conditions of this Note. You also are waiving any homestead rights to the extent permitted by law. However, you have no personal obligation to pay this Note.
X ________________________________ X ________________________________
Date Date
Loan Origination Organization: Southwest Stage Funding LLC dba Cascade Financial Services
Loan Originator: Carlos A. Garcia
NMLS #: ___________________________ NMLS #: __________________
2111021.1
Oklahoma
Oklahoma Direct Contract 12/5/2016
©McGlinchey Stafford PLLC 1727220
Note Date 10/15/2020
Form Version Date 11/08/2019
Page 5 of 5
OKLAHOMA
Tax Commission
CASCADE FINANCIAL SERVICES
ATTN: BRANDI COPAS
2701 E INSIGHT WAY STE 150
CHANDLER AZ 85286-1930
Date Issued: July 26, 2021
Letter ID: L2057144584
VIN: *034408TX
MVD
Vehicle Information
VIN: CBH034408TX
Title: 810010065235
Title Type: Standard
Title Action: Original
Title Date: 5/21/2021
Print Date: 5/24/2021
Title Agency: M8800
Primary Doc: MSO
Source Doc: MSO
Date First Sold: 10/16/2020
Year: 2021
Make: CMHM
Model: 35ANN18763FH21
Body Style: MFGHME
Use Type: Manufactured Home
Assignment Date: 1/26/2021
Purchase Price: $72,285.00
Taxable Price: $72,285.00
Excise Tax Date: 5/21/2021
Excise Tax: $1,175.00
Sales Tax: $0.00
Plate: 61597H
Reg Status: Active
Decal: 21G001293
Years Registered: 1
Reg Fee Date: 5/21/2021
Reg Expiration: 12/31/2021
Reg Fee: $567.00
Owner Information
Owner Name: ROBERT GELNER
Owner Address:
395537 W 2400 RD
OCHELATA OK 74051-2203
Liens
Lienholder: CASCADE FINANCIAL
Lienholder Address:
3345 S VAL VISTA DR GILBERT AZ 85297-7330
Debtor: ROBERT GELNER
Debtor Address:
395537 W 2400 RD OCHELATA OK 74051-2203
Execution Date Delivery Date
10/16/2020 05/21/2021