Vanderbilt Mortgage and Finance, Inc. v. Tiffany Brandy Nicole Banther

IN THE DISTRICT COURT WITHIN AND FOR HASKELL COUNTY STATE OF OKLAHOMA VANDERBILT MORTGAGE AND FINANCE, INC. Plaintiff, vs. TIFFANY BRANDY NICOLE BANTHER SPOUSE OF TIFFANY BRANDY NICOLE BANTHER MATTHEW BLAKE FERGUSON SPOUSE OF MATTHEW BLAKE FERGUSON OCCUPANT(S) OF THE PREMISES Defendant(s) No: CJ-26-13 Filed in the Office of COURT CLERK Haskell County, Okla FEB 27 2020 District Court Deputy PETITION Comes now the Plaintiff, Vanderbilt Mortgage and Finance, Inc., and for its cause of action against the Defendants above named, alleges and states: 1. That the Plaintiff was all times hereinafter mentioned, and now is duly organized, existing and authorized to bring this action. 2. That the Defendants, Tiffany Brandy Nicole Banther and Matthew Blake Ferguson, were single at all relevant times. 3. That the original maker(s) for a good and valuable consideration, made, executed and delivered to the Payee, a certain written promissory note; a true copy of said note and endorsements thereon, if any, is hereto attached, marked Exhibit "A", and made a part hereof by reference. 4. That as a part of the same transaction and to secure the payment of the note above described and the indebtedness represented thereby, the owners of the real estate hereinafter described, made, executed and delivered to the Payee of the note, a certain real estate mortgage in writing encumbering the following real property, to -wit: A tract of land in the Southeast Quarter of the Southeast Quarter (SE/4 SE/4) of Section 15, Township 9 North, Range 18 East of the Indian Base and Meridian, Haskell County, State of Oklahoma, more particularly described as: Commencing at the Southeast corner of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter (NE/4 SE/4 SE/4); Thence West a distance of 687.5 feet; Thence North a distance of 418 feet to the point of beginning; Thence North a distance of 209 feet; Thence East a distance of 153.66 feet to the Southwesterly right of way line of county road; Thence S 43°29'42"E on the said Right of Way line for a distance of 79.95 feet; Thence South a distance of 151.33 feet; Thence West a distance of 209 feet to the point of beginning, LESS AND EXCEPT the Easterly 5.5 feet thereof; including any residential dwelling located thereon which may be manufactured housing described as 2006 Freedom 3, Serial No. CSS007678TXAB 5. That said mortgage was duly executed and acknowledged according to law, the mortgage tax duly paid thereon, and was recorded on July 8, 2011 in Book 792 at Page 391 in the office of the County Clerk of Haskell County, Oklahoma, a true and correct copy of which is attached hereto as Exhibit “B” and the record thereof is incorporated herein by reference. That Plaintiff was the person entitled to enforce the Note on and before the date this action was filed. That Plaintiff has complied with all the terms, conditions precedent and provisions of said note and mortgage, and is duly empowered to bring this suit. 6. That said note and mortgage provided that if default be made in the payment of any of the monthly installments, or on failure or neglect to keep or perform any of the other conditions covenants of the mortgage, that the entire principal sum and accrued interest, together with all other sums secured by said mortgage, shall at one become due and payable, at the option of the person entitled to enforce the Note, and the person entitled to enforce the Note shall be entitled to foreclose said mortgage and recover the unpaid principal thereon and all expenditures of the mortgagee made thereunder, with interest thereon, and to have said premises sold and the proceeds applied to the payment of the indebtedness secured thereby, together with attorney fees and all costs. 7. The default has been made upon said note and mortgage in that the installments due on August 1, 2025 and thereafter have not been paid. 8. That preliminary to the bringing of this action, and as a necessary expense thereof, this Plaintiff caused title work to be extended and certified to date at a cost which charge is a further lien secured by the Mortgage of the Plaintiff herein sued upon. 9. That said note and mortgage provide that in case of a foreclosure of said mortgage as often as any proceedings shall be taken to foreclose the same, the maker(s) will pay an attorney’s fee as therein provided, and that the same shall be further charge and lien on said premises. 10. That after allowing all just credits there is due to Plaintiff on said note and mortgage the sum of: <table> <tr> <th>Reason:</th> <th>Amount:</th> </tr> <tr> <td>Unpaid Principal Balance</td> <td>$36,566.69</td> </tr> <tr> <td>Date of Default</td> <td>August 1, 2025</td> </tr> <tr> <td>Interest Due From</td> <td>July 1, 2025</td> </tr> <tr> <td>Interest Rate(s)</td> <td>8.35000 %</td> </tr> </table> *or as adjusted by the Note and Mortgage including all advancements of Plaintiff, if any, for taxes, insurance premiums, or expenses necessary for the preservation of the subject property, all costs of this action; reasonable attorney’s fees and costs as the Court may allow, for which amounts said mortgage is a first, prior and superior lien upon the real estate and premises above described. 11. That the mortgage specifically provides that appraisement of the property is expressly waived or not waived at the option of the mortgagee. 12. That the Defendants, Tiffany Brandy Nicole Banther and Matthew Blake Ferguson, are the present record owners of the subject property. 13. That the Defendants, Tiffany Brandy Nicole Banther and Matthew Blake Ferguson, are personally obligated on the Note herein sued upon unless the liability has been discharged or released. 14. That the Defendants, Spouse of Tiffany Brandy Nicole Banther and Spouse of Matthew Blake Ferguson, may claim a homestead interest in the subject property. 15. That the Defendant, Occupant(s) Of The Premises, may claim some right, title lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein as occupant. Plaintiff prays the said Defendants be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the property or be forever barred from claiming any right in and to the property. Plaintiff states, however, that any right, title, or interest claimed by each Defendant is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and Plaintiff prays the said Defendants be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the property to be forever barred from claiming any right in and to the property. WHEREFORE, Plaintiff prays for judgment in personam against the Defendants, Tiffany Brandy Nicole Banther and Matthew Blake Ferguson, in the sum listed above in paragraph 10 and for a further judgment in rem against all said Defendants adjudging: That all of said Defendants to require to appear and set forth any right, title, claim or interest which they have, or may have, in and to the property; and, That the mortgage be foreclosed and that the same be declared a valid first, prior and superior lien upon the property, for and in the amounts above set forth and ordering said real estate and premises sold, for cash, with or without appraisement, as the Plaintiff shall elect, and as provided in said mortgage and by law, subject to unpaid taxes, advancements by Plaintiff for taxes, insurance premiums, or expenses necessary for the preservation of the subject property, if any, to satisfy said judgment, and that the proceeds arising therefrom be applied to the payment of the costs herein, and the payments 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; and, That all right, title and interest of said Defendants, and each of them, if any, in and to the property be adjudged subject, junior and inferior to the mortgage lien and judgment of this Plaintiff, and that upon confirmation of such 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 or to the property, or any part thereof; and, That this Plaintiff have such other and further relief as may be just and equitable. Don Timberlake - # 9021 Kim S. Jenkins - # 32809 Gina D. Knight - # 12996 Chynna Scruggs - # 32663 BAER & TIMBERLAKE, P.C. 5901 N. Western, Suite 300 Oklahoma City, OK 73118 Telephone: (405) 842-7722 Email: [email protected] COUNTY: OKLAHOMA ss, STATE: OKLAHOMA The above, being first duly sworn, upon oath deposes and says: That he/she is one of the attorneys for the Plaintiff in the above titled action; that he/she prepared the above and foregoing pleading, knows the contents thereof, and that to the best of his/her knowledge and belief, the matters set forth are true and correct. I state under penalty of perjury on this 11th day of February, 2026, under the laws of Oklahoma that the foregoing is true and correct. Don Timberlake - # 9021 Kim S. Jenkins - # 32809 Gina D. Knight - # 12996 Chynna Scruggs - # 32663 BAER & TIMBERLAKE, P.C. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MANUFACTURED HOME RETAIL INSTALLMENT CONTRACT AND DISCLOSURE STATEMENT ASSIGNEE: Vanderbilt Mortgage and Finance, Inc. Post Office Box 9800 Maryville, TN 37802 Buyer's Name: TIFFANY BRANDY NICOLE BANTHER Co-Signer's Name: Buyer's Name: MATTHEW BLAKE FERGUSON Co-Signer's Name: Buyer's Address: 317 E BK 1204 RD STIGLER OK 74452 In this Retail Installment Contract ("Contract"), "Buyer" refers to all persons who sign this Contract as "Buyer," jointly and severally. "Seller" refers to the seller identified at the end of this Contract, and its successors and assigns. Other capitalized terms are defined in the disclosures on this page and in the section of this Contract titled, "Itemization of Amount Financed." Buyer promises to advise Seller in writing of any change of Buyer's mailing address while this Contract is in effect. Seller should send any papers or notices concerning this Contract to Buyer's mailing address. On the date of this Contract, Buyer had the option to buy the manufactured home described below, together with the related services, furnishings, equipment, appliances and accessories included with the manufactured home (collectively called "Manufactured Home") in cash or by paying in installments. Buyer chose to buy the Manufactured Home on a credit sale basis. Description of Manufactured Home NEW □ USED X <table> <tr> <th>TRADE NAME:</th> <td>CMH</td> <th colspan="3">ADDITIONAL ACCESSORIES AND FURNISHINGS: ITEM AND SERIAL #</th> </tr> <tr> <th>YEAR:</th> <td></td> <th></th> <th></th> <th></th> </tr> <tr> <th>MODEL:</th> <td>FREEDOM 3</td> <th></th> <th></th> <th></th> </tr> <tr> <th>SERIAL NO:</th> <td>CSS007678TXAB</td> <th></th> <th></th> <th></th> </tr> <tr> <th>SERIAL NO:</th> <td></td> <th></th> <th></th> <th></th> </tr> </table> PROMISE TO PAY: Buyer promises to pay Seller the "Unpaid Balance" as listed under the "Itemization of Amount Financed" plus finance charges. When Buyer signs this Contract, Buyer will also pay Seller any "Prepaid Finance Charge" shown in the "Itemization of Amount Financed." Buyer authorizes Seller to include the Prepaid Finance Charges in the Unpaid Balance. Seller will compute and charge finance charges on the unpaid amount of the Unpaid Balance from the Contract date at the yearly rate of 8.35% (the "Contract Rate"). When Seller calculates finance charges, every year shall have 360 days and every month shall have 30 days. Buyer promises to pay finance charges at the Contract Rate on the unpaid amount of the Unpaid Balance of this Contract until it is paid in full. Finance charges after the final scheduled maturity date on this Contract, however, shall not exceed the maximum rate allowed by state law. Buyer promises to pay Seller monthly payments in the number and amounts of payments shown in Buyer's Payment Schedule. Buyer's first payment will be due on the first date shown in Buyer's Payment Schedule, and subsequent payments will be due on the same day of each month after that. Seller will apply each payment received as of its scheduled due date. If on the final scheduled payment due date, Buyer still owes amounts under this Contract, Buyer will pay those amounts in full on that date (the "Maturity Date"). Buyer will make all payments to Vanderbilt Mortgage and Finance, Inc., P.O. Box 9800, Maryville, Tennessee 37802, or any other address to which Seller later tells Buyer (in writing) to send Buyer's payments. Buyer's Payment Schedule will be: <table> <tr> <th rowspan="2">Number of Payments</th> <th rowspan="2">Amount of Payments</th> <th rowspan="2">When Payments Are Due</th> <th rowspan="2">Number of Payments</th> <th rowspan="2">Amount of Payments</th> <th rowspan="2">When Payments Are Due</th> <th rowspan="2">Number of Payments</th> <th rowspan="2">Amount of Payments</th> <th rowspan="2">When Payments Are Due</th> </tr> <tr> <th colspan="3">Monthly, Beginning:</th> </tr> <tr> <td>240</td> <td>$597.46</td> <td>08/01/2011</td> <td></td> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> </table> Buyer's total monthly payment will be higher than set forth above if Buyer is required to pay Escrow Items, as disclosed in the "Interest Rate and Payment Summary" in this Contract, in accordance with the section of this Contract titled "Escrow Items" and/or a separate Escrow Agreement. TRUTH IN LENDING DISCLOSURES <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>Amount Financed<br>The amount of credit provided to Buyer or on Buyer's behalf:</th> <th>Total of Payments<br>The amount Buyer will have paid after Buyer has made all payments as scheduled:</th> <th>Total Sale Price<br>The total cost of Buyer's purchase on credit including Buyer's down payment of</th> </tr> <tr> <td>9.38%</td> <td>The dollar amount the credit will cost Buyer: $70,040.90</td> <td>$64,749.70</td> <td>$143,390.40</td> <td>$5,000.00<br>$148,390.40</td> </tr> </table> INTEREST RATE AND PAYMENT SUMMARY <table> <tr> <th></th> <th>Rate & Monthly Payment</th> </tr> <tr> <td>Interest Rate</td> <td>8.35 %</td> </tr> <tr> <td>Principal + Interest Payment</td> <td>$597.46</td> </tr> <tr> <td>Est. Taxes + Insurance (Escrow)</td> <td>$142.93</td> </tr> <tr> <td>Total Est. Monthly Payment</td> <td>$740.39</td> </tr> </table> Security: Buyer gives Seller a security interest in: [X] The goods or property being purchased, including the Manufactured Home. [X] Real property located at: RR 4 BOX 1711 STIGLER OK 74462 Late Charge: If a payment is more than 15 days late, Buyer will be charged 4% of the unpaid amount of such payment. Other references in this Contract to the "Late Charge" refer to this amount. Prepayment: If Buyer pays off early, Buyer will not have to pay a penalty. Assumption: Someone buying the Manufactured Home may be allowed to assume the remainder of Buyer's obligations under this Contract on the original terms only if such person is approved by Sellers. There is no guarantee that you will be able to refinance to lower your rate and payments. Other Information: Refer to the rest of this Contract for additional information about nonpayment, default, any required payment in full before the scheduled date and prepayment refunds and penalties. INSURANCE: PROPERTY INSURANCE ON THE MANUFACTURED HOME IS REQUIRED FOR THE TERM OF THIS CONTRACT. BUYER HAS THE RIGHT TO OBTAIN SUCH INSURANCE FROM ANYONE AUTHORIZED BY LAW TO SELL IT WHO IS REASONABLY ACCEPTABLE TO SELLER. By checking the appropriate box and signing below, Buyer elects to buy through Seller, property insurance of the specified coverage, term and premium. Type of Insurance Term Premium [X] MobileOwners 12 $1,011.00 [N/A] N/A N/A Buyer's signature indicates Buyer's election to obtain the above marked property insurance for the type, term, and premium shown. Signature Tiffany B Banter Date 6/27/11 Signature Matthew B Evans Date 6/27/11 OPTIONAL HOME BUYER PROTECTION PLAN (HBPP): Buyer protection plans are voluntary and are not required to obtain credit. If the box below is checked and signed, Buyer has elected to purchase HBPP for the terms shown below. Type of Insurance Term Premium [N/A] N/A N/A Buyer's signature indicates Buyer's election to obtain the above marked buyer protection plan for the term and premium shown. Signature _______________________________ Date ___________ Signature _______________________________ Date ___________ SERVICE PLAN: OPTIONAL HOME PROTECTION PLAN (HPP): Service plans are voluntary and are not required to obtain credit. If the box below is checked and signed, Buyer has elected to purchase HPP for the terms shown below. Type of Insurance Term Premium [N/A] N/A N/A Buyer's signature indicates Buyer's election to obtain the above marked service plan for the term and cost shown. Signature _______________________________ Date ___________ Signature _______________________________ Date ___________ ITEMIZATION OF AMOUNT FINANCED: 1. Cash Price a. Manufactured Home Including Sales Tax of $601.00 $57,501.00 b. c. Total Cash Price $57,501.00 2. Downpayment a. Cash Downpayment $5,000.00 Trade-in (Year, Make, Model) N/A N/A Length N/A Width N/A Trade Allowance N/A Liens N/A b. Net Trade-In Allowance $0.00 c. Total Downpayment $5,000.00 d. 3. Unpaid Balance of Cash Price (1c minus 2c and 2d) $52,501.00 4. Amounts paid to others on Buyer's behalf (1) To Insurance Companies (a) Property Insurance $1,011.00 ** (b) $0.00 ** (2) To Public Officials (a) Certificate of Title $360.00 (b) Filing/Recording Fees $120.70 (3) To LAND PURCHASE $10,000.00 ** (4) To $0.00 ** (5) To $0.00 ** (6) To $0.00 ** (7) To $0.00 ** (8) To $0.00 ** (9) To TITLE SEARCH $500.00 ** (10) To $0.00 ** (11) To $0.00 ** (12) To $0.00 ** (13) To $0.00 ** (14) To TITLE INSURANCE $257.00 ** Total (items (1) through (14)) $12,248.70 5. Prepaid Finance Charges (may include items paid to third parties; items may be financed in part and paid in cash in part) (1) Financed (a) ORIGINATION FEE $1,277.44 ** (b) DISCOUNT POINTS $3,193.60 ** (c) $0.00 ** (d) ATTORNEY FEE $385.00 ** (e) $0.00 ** (f) $0.00 ** (2) Paid in cash (a) $0.00 ** (b) $0.00 ** (c) $0.00 ** (d) $0.00 ** (e) $0.00 ** (f) $0.00 ** 6. Unpaid Balance (3 plus 4 plus total of items in 5(1)) $69,605.74 7. Prepaid Finance Charges (total of all items in 5) $4,858.04 8. Amount Financed (6 minus 7) $64,749.70 **Seller may retain, or receive, a portion of these amounts Security interest fees paid in cash (including filing fees and taxes) $0.00 Security interest termination, release, discharge or satisfaction fees paid upon termination: $480.70.(e). This fee is not being paid by Buyer at closing, and is estimated for disclosure purposes. The actual amount paid at the time of termination of the security interest may be more or less than the estimate depending on the amount charged by the public official. *e* means estimate SECURITY INTEREST: To secure payment of sums due or which become due under this Contract, and Buyer's performance of all other terms of the Contract, Buyer grants Seller 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 Buyer gives to Seller, (3) Buyer'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 Contract, (4) any amounts held in escrow by Seller for Buyer, and (5) proceeds and products of all of the foregoing (collectively, the "Collateral"). Seller's security interest shall remain in effect until Buyer pays, in full, all amounts due under the Contract. Despite any other provision of the Contract, however, Seller is not granted, and does not have, a nonpurchase money security interest in household goods, to the extent such a security interest is prohibited by applicable law. Buyer will pay any filing or recording fees necessary for Seller to obtain and hold a first priority security interest. To the extent allowed by law, Buyer also agrees to pay any release, discharge or termination fees, after the Buyer pays the Contract in full. Buyer agrees to execute any application for certificate of title or ownership, financing statement or other document necessary to perfect Seller's security interest in the Manufactured Home. Buyer authorizes Seller to sign Buyer's name to any financing statement or application or other document, necessary to perfect the security interest granted by Buyer herein. If Seller is taking a security interest in real property, such interest is reflected in a mortgage or deed of trust signed in conjunction with this Contract. BUYER'S RIGHT TO PREPAY: BUYER MAY PREPAY ANY AMOUNTS DUE UNDER THIS CONTRACT AT ANY TIME WITHOUT PENALTY. A Principal only payment is known as a "Prepayment." Seller will not treat a payment as a Prepayment unless the Buyer previously made all monthly payments of principal and finance charges and fully paid and satisfied all other obligations due under this Contract. If the Buyer meets these conditions, Buyer may make a Prepayment by sending such Prepayment in accordance with the written instructions provided by Seller in a monthly billing statement or otherwise. Buyer may make a full Prepayment or partial Prepayments without paying a Prepayment charge. If Buyer (1) prepays this Contract in full, or (2) defaults and fails to cure the default and Seller demands payment of the entire balance due on this Contract, no portion of any Prepaid Finance Charge will be refunded. All Prepaid Finance Charges are earned at the time this Contract is made. ASSUMPTION: Someone buying the Manufactured Home may assume the remainder of Buyer's obligations under this Contract on the original terms only if such person is approved by Seller. PROPERTY INSURANCE: Buyer 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 Seller requires insurance, for the term of the Contract at Buyer's expense. If Buyer financed the premium, the premium is financed over the term of the Contract, even though the term of insurance is less than the Contract term. The Buyer must obtain the types and amounts of insurance coverage required by Seller, including flood insurance if applicable. The insurance policy must contain a loss payable clause protecting Seller (as Seller's interest may appear), and provide for at least a 10 day notice of cancellation to Seller. Buyer agrees to provide written proof of such coverage to Seller within 5 days of Seller's request. BUYER HAS THE RIGHT TO CHOOSE THE PERSON THROUGH WHOM THE PROPERTY INSURANCE IS OBTAINED. Seller reserves the right to refuse to accept, for reasonable cause, an insurer chosen by the Buyer. If Buyer's insurance coverage expires or is canceled prior to payment in full of this Contract, Buyer must obtain coverage in the amounts, types, and for the periods that Seller requires at Buyer's expense for the remaining term of the Contract. Seller's property insurance coverage requirements can change during the term of the Contract. Should Buyer fail to provide or maintain property insurance or fail to provide Seller with satisfactory evidence of coverage, or should the property insurance, for any reason, not protect Seller's interests, Seller, 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, Seller will, in good faith, attempt to inform Buyer in writing of the need for Buyer to obtain property insurance and/or to provide evidence thereof. If obtained by Seller, Seller will add the cost of the insurance to the amount due under the Contract. That amount will become due and payable upon demand by the Seller, in payments added to Buyer's scheduled payments, or as otherwise required by Seller. Seller may charge Buyer finance charges on such cost at the Contract Rate, unless prohibited by applicable law. The property insurance obtained by Seller may have material differences from insurance initially financed under the Contract or from insurance obtained by the Buyer initially or at any time during the term of the Contract. Such insurance may be significantly more expensive to Buyer than if Buyer obtained the insurance. Consequently, Seller makes the following disclosures to Buyer: (a) The property insurance that Seller obtains is intended solely to protect the Seller's interest hereunder, and Seller 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 Contract and, consequently, in the event of loss or damage, the insurance may not pay the full amount of the Unpaid Balance of the Contract; (b) If Seller obtains this insurance due to Buyer default, Buyer acknowledges and agrees that Seller has no duty to obtain insurance on behalf of Buyer which is the least expensive, or which has a competitive marketplace premium or any other particular feature; (c) Seller or its affiliates may be reimbursed for expenses and may profit from taking action to cure Buyer's default by providing and maintaining such insurance; (d) Buyer's execution of this Contract authorizes Seller to provide third parties with any information necessary to obtain insurance on the Manufactured Home and monitor the status of such insurance; and (e) Buyer may, as stated above, at any time, including after Seller obtains property insurance on Buyer's behalf, obtain insurance through an agent or insurer of Buyer's choice. Upon so doing, Buyer may provide Seller with sufficient evidence of insurance coverage, at which time, Seller will cancel the insurance coverage it obtained on Buyer's behalf, obtain any refund due on the uneamed portion of the premium, and apply the refund to the Unpaid Balance of the Contract. Property insurance proceeds (whether such insurance has been obtained by Buyer or Seller) shall be applied to the restoration or repair of the Manufactured Home, if it is economically feasible and does not lessen the Seller'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, Seller will apply such insurance proceeds to reduce all amounts owing under this Contract, whether or not such amounts are due and payable. Buyer authorizes Seller to (a) adjust or settle Buyer's claim for loss under such insurance; (b) sign Buyer's name to any check, draft or other documents necessary to obtain such insurance proceeds; and (c) hold such insurance proceeds until Seller has the opportunity to inspect the Manufactured Home and ensure that work to restore or repair the Manufactured Home is completed to Seller's satisfaction, without incurring an obligation to pay Buyer earnings or interest on such proceeds. Seller may disburse proceeds in a single payment or a series of payments and Buyer authorizes any insurer to make such payment directly to Seller. If insurance proceeds paid to Seller do not satisfy all amounts Buyer owes to Seller under this Contract, Buyer is responsible for paying the balance. ESCROW ITEMS: To the extent permitted by law. Seller may, at Seller's option, require Buyer to make payments in addition to those set forth in Buyer's Payment Schedule ("Escrow Payments") which Seller will collect and hold for (1) the payment of property insurance premiums required under this Contract, (2) the payment of taxes and assessments, and (3) other items which might attain priority over Seller's security interest (each, an "Escrow Item"). Seller will use Buyer's Escrow Payments to pay Escrow Items as they come due. THE BUYER'S PAYMENT SCHEDULE IN THIS CONTRACT DOES NOT INCLUDE ANY AMOUNT TO BE PAID UNDER ANY SUCH ESCROW ACCOUNT. SERVICING CHARGES: Buyer agrees to pay all reasonable charges for Seller's performance of additional services requested by Buyer in connection with the servicing of this Contract, to the extent permitted by applicable law. These charges may include, but are not limited to, amortization schedule fee, document copy fee, duplicate year end statement fee, name change fee, payoff statement fee, pay-by-phone fee or convenience fee (if Buyer elects to make a payment in a manner where such a fee is imposed, including but not limited to a wire transfer, electronic transfer, or through a web site), payment history fee, short payoff overnight fee and verification of credit fee and verification of mortgage fee. ADVANCES TO PROTECT THE COLLATERAL: If Buyer fails to pay for required insurance, if Buyer fails to pay park or lot rent (and any other related charges), if Buyer fails to satisfy taxes, assessments, or other liens or encumbrances against the Manufactured Home, if Buyer fails to keep the Manufactured Home in good repair or if Buyer fails to make any other payments required by this Contract or applicable law, Seller may (but is not required to) make such repairs or payments as Seller chooses. Seller will add any and all such payments and any amounts Seller pays to protect or enforce Seller's security interest to the amount Buyer owes Seller under this Contract, and all such amounts will be secured by the Collateral. At Seller's sole option, Seller may (1) demand that Buyer repay these amounts immediately, or (2) add these amounts to Buyer'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 Contract. Unless prohibited by law, Buyer agrees to pay finance charges at the Contract Rate on any amounts that Buyer does not repay immediately. DELINQUENCY AND DEFAULT: Time is of the essence. If a payment is more than 15 days late, Buyer agrees to pay the Late Charge indicated in the "Truth in Lending Disclosures" section of this Contract. If any check, negotiable instrument of withdrawal, electronic payment draft or any other instrument is dishonored by Buyer's financial institution, Buyer will pay a fee of $20.00, in addition to being required to make payment on the item. Buyer will be in default under this Contract if: (1) Buyer fails to make any payment when due; (2) Buyer otherwise fails to perform any of Buyer's obligations under this Contract or under any mortgage or deed of trust which secures this Contract; (3) Buyer dies or becomes legally unable to manage Buyer's affairs; (4) any statement of fact, representation or warranty Buyer makes to Seller in Buyer's application for credit, any other document submitted to the Seller or signed by Buyer in connection with this Contract, or in any Contract document is false, misleading, inaccurate, or incomplete; or (5) Buyer files a petition in bankruptcy, or a party files a petition in bankruptcy against Buyer. In the event of Buyer's default, Seller will give Buyer notice of the default and right to cure the default ("Notice of Default"). Buyer is not entitled to a Notice of Default if Buyer abandons or voluntarily surrenders the Manufactured Home, or if other extreme circumstances exist. Buyer is not, under any circumstances, entitled to a Notice of Default more than twice in any one year period. If Buyer does not cure the default within 30 days after the postmarked date of the Notice of Default, or if a Notice of Default is not required to be sent, Seller may (1) accelerate the maturity of the debt and require Buyer to pay Seller the entire remaining balance and all other amounts due under the Contract, (2) require Buyer to make the Manufactured Home available to Seller, (3) take legal action against Buyer, (4) repossess the Manufactured Home, (5) enforce such rights and remedies available to Seller under the uniform commercial code and other applicable law, and (6) foreclose on the real property, if applicable. Seller, 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 Contract. In the event of default, Buyer also agrees to pay Seller's expenses for (a) reasonable attorney's fees not to exceed 15% of Buyer's Unpaid Balance after referral to an attorney who is not a salaried employee of the Seller; (b) court costs and disbursements; and (c) costs of repossessing the Manufactured Home including the costs of storage, reconditioning, and resale. Before Seller sells the Manufactured Home, Buyer can get the Manufactured Home back if Buyer either (1) pays off the Contract by paying Seller the entire remaining balance and all other amounts due under the Contract (redeem), or (2) cures the default by paying Seller the amounts which are past due, including Late Charges (reinstate). Regardless of whether Buyer redeems or reinstates, and before Buyer can get the Manufactured Home back, Buyer must also (1) pay Seller the cost of taking, storing and redelivering the Manufactured Home and other expenses Seller incurs; (2) pay Seller all other charges and other expenses provided for under this Contract; (3) pay any amounts advanced by Seller 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. Buyer'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 Contract and any mortgage or deed of trust executed herewith are cumulative, but Buyer's right to a written notice of default and 30 days to cure, as set forth in this Contract, shall not be affected by any inconsistent provision of any mortgage or deed of trust. Any personal property of Buyer's located in or attached to the Manufactured Home and not subject to Seller's security interest may be held by Seller without liability if the Seller repossesses the Manufactured Home. Buyer will be deemed to have waived any claim to such personal property unless written demand by certified mail is made upon Seller within twenty-five (25) days after repossession. If Buyer fails to give Seller such written demand, Seller may dispose of such personal property. INFORMATION SHARING: Seller may investigate Buyer's credit history and credit capacity in connection with establishing, modifying, extending, and/or enforcing Buyer's account, and share information about Buyer and Buyer's account with credit reporting agencies and others as allowed by law. Seller may also verify Buyer's employment, income, assets, and debts; and anyone receiving a copy of this Contract is hereby authorized to release such information to Seller. Buyer authorizes Seller to release to third parties any information necessary to monitor the status of insurance on Buyer's Manufactured Home, and to obtain the insurance described in this Contract. If Buyer's Manufactured Home is on rented property or property that is not owned by Buyer, Buyer authorizes Seller and Buyer's landlord (or the property owner) to exchange information as to Seller's security interest in Buyer's Manufactured Home and the lease or arrangement, as well as to the obligations, and the status of such obligations, of Buyer to Seller under this Contract. Whether or not the Buyer rents the Manufactured Home to a party in accordance with the terms of this Contract, Buyer authorizes Seller and Buyer's renter to exchange information as to Seller's security interest in Buyer's Manufactured Home and the rental agreement or arrangement, as well as to the obligations, and the status of such obligations of Buyer to Seller under this Contract. This provision also applies to any co-signor who executes this Contract. OTHER TERMS AND CONDITIONS: Buyer will not move the Manufactured Home without Seller's prior written consent. Buyer will not sell the Manufactured Home without Seller's prior written consent. Buyer agrees that the Manufactured Home is, and shall remain, during the term of this Contract, personal property. Unless Seller gives prior written consent, Buyer shall not allow the Manufactured Home to become a part of real estate or to lose its status as personal property under applicable law. Buyer will not encumber or abandon the Manufactured Home, nor allow any lien, landlord lien, or similar lien, which may by law be superior to Seller's security interest, to encumber the Manufactured Home. Buyer will not use the Manufactured Home for illegal activity. Buyer will not use the Manufactured Home for business or hire, or rent it to another party, without obtaining Seller's prior written consent. Buyer will pay promptly all taxes, assessments, and any liens and encumbrances on the Manufactured Home. Buyer will notify Seller promptly of any loss or damage to the Manufactured Home, as well as any condemnation, confiscation or theft of the Manufactured Home. Upon Seller's request, Buyer will promptly provide Seller with proof satisfactory to Seller that: (1) Buyer has the insurance required under this Contract; (2) Buyer has paid all taxes assessed against the Manufactured Home; (3) Buyer has paid all park or lot rent (and any other related charges) due; (4) Seller holds the only lien against the Manufactured Home; (5) the Manufactured Home is in good condition and repair; and (6) Buyer has complied with all of the promises Buyer made in this Contract. Seller may inspect the Manufactured Home at any time. If Buyer is married, and residing in a community property state, both Buyer's community property and separate property are liable for all payments under this Contract. Buyer waives all marital rights, homestead exemption and other exemptions relating to the Collateral. Buyer will cooperate with Seller regarding any requests after closing to correct any errors with respect to this Contract or the transaction and agrees to provide any and all additional documentation deemed necessary by Seller to complete this transaction. Seller may rely on a telecopy, photocopy, or electronically imaged copy of this Contract as if it were an original, including use in legal proceedings or arbitrations. Buyer acknowledges that any broker or other third party used to facilitate this transaction may receive compensation from Seller for its services. If Borrower purchased a Home Buyer Protection Plan (HBPP) or Home Protection Plan (HPP), the cost is financed over the term of the Contract, even though the term of the plan is shorter than the Contract term. WAIVER AND MODIFICATION: Seller'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 Seller shall not be a waiver of Seller's right to accelerate the maturity of this Contract and declare default herein. To the extent permitted by law, Buyer agrees to give up Buyer's rights to require Seller to do certain things. Buyer does not give up any rights that are provided in this Contract. Unless the law or this Contract provides otherwise, Seller 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 Seller intends to make, or is making, this Contract immediately due. WARRANTIES: SELLER 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 BUYER BY SELLER IN WRITING AT THE TIME OF SALE, OR SELLER ENTERS INTO A WRITTEN SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT. BUYER 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 SELLER. 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 Contract shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Contract 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 Contract shall not be invalidated. The Contract has been delivered in the state of Seller's place of business, as indicated below, and shall be governed both as to issues of formation and performance by the laws of that state and applicable federal law. This Contract shall have no effect until and unless signed by Buyer and Seller. Seller does not intend to charge or collect any finance charge, charge, or fee greater than the law allows. If Seller charges or collects any amount greater than what the law allows, Seller will apply the excess to the Unpaid Balance and any other amounts due under the Contract and shall refund any excess. Seller will treat any amount applied to the Unpaid Balance as a partial Prepayment. ASSIGNMENT: Seller may assign this Contract to any person or entity. ENTIRE AGREEMENT: This Contract, any separate written warranty, the Retailer Closing Agreement, escrow agreement, sales/purchase agreement, and any mortgage or deed of trust, together, the "Entire Agreement Documents," shall constitute the entire agreement between Buyer and Seller. To the extent permitted by applicable law, Buyer agrees that no representations, oral or written, have been made to Buyer to induce Buyer to enter into the Entire Agreement Documents, except as set forth therein. GUARANTY: Any Co-Signer signing the guaranty of this Contract agrees that all amounts owed under this Contract will be paid when due. Co-Signer's obligation continues even if Buyer is released or if Seller waives or delays enforcement of any rights under this Contract. Seller 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. ARBITRATION: A. Agreement to Arbitrate: Buyer and Seller (sometimes called the "Parties") agree to mandatory, binding arbitration ("Arbitration") of all disputes, claims, controversies, grievances, causes of action, including, but not limited to, common law claims, contract and warranty claims, tort claims, statutory claims, and, where applicable, administrative law claims, and any other matter in question ("Claims") arising from or relating to this Contract, any products/goods, services, insurance, or real property (including improvements to the real property) sold or financed under this Contract, any events leading up to this Contract, the collection and servicing of this Contract, and the interpretation, scope, validity or enforceability of this Contract (with the exception of this agreement to arbitrate, the "Arbitration Agreement"). The interpretation, scope, validity or enforceability of this Arbitration Agreement or any clause or provision herein and the arbitrability of any issue shall be determined by a court of competent jurisdiction. Buyer and Seller agree that the scope of this Arbitration Agreement is intended to cover only Claims brought by Buyer on an individual basis and not on a representative basis as a class action, which includes similar actions that involve the aggregation of individual Claims of Buyer and other persons into a single proceeding. Notwithstanding any other provision of this Arbitration Agreement or any determination as to the enforceability of this Arbitration Agreement or the arbitrability of any Claims, Buyer and Seller expressly agree not to arbitrate any Claims as a class action. This Arbitration Agreement is the only agreement between Buyer and Seller regarding Arbitration, and takes the place of any other agreements to arbitrate. If Buyer has Claims against others (each, a "Third Party") related to or arising from facts or circumstances covered by this Arbitration Agreement (including, but not limited to (i) the design, construction and manufacture of the Manufactured Home, (ii) the advertising and the sale of the Manufactured Home, (iii) the delivery or the installation of the Manufactured Home, and (iv) insurance covering the Manufactured Home or Buyer, including title insurance, where applicable (each, a "Related Claim")), then Buyer and Seller agree to consolidate the Arbitration of Buyer's Claims against Seller, brought on an individual basis, with the Arbitration of any and all Related Claims, brought on an individual basis, into one Arbitration to be governed by this Arbitration Agreement, provided, however, that the Third Party must agree to be joined in the Arbitration of the Related Claims under this Arbitration Agreement. If any Third Party does not agree to be joined in the Arbitration of its Related Claim, then Arbitration under this Arbitration Agreement shall proceed without that Third Party. Buyer agrees not to arbitrate any Related Claims as a class action. This Arbitration Agreement also covers all co-signors and guarantors who sign this Contract and any occupants of the Manufactured Home (as intended beneficiaries of this Arbitration Agreement). Buyer agrees that the Manufactured Home contains parts manufactured outside of the state where the home is sold and delivered; the manufacture, transportation, sale and use thereof has been and will continue to be regulated by the laws of the United States of America and involve and affect interstate commerce. B. Facts About Arbitration: Arbitration is a process in which a neutral arbitrator decides a dispute instead of a judge or jury. Each side has an opportunity to present evidence to the Arbitrator, both in writing and through witnesses. Arbitration proceedings are less formal than court trials. Other rights that the Parties have in court may not be available in Arbitration. The information that can be obtained in discovery from each other or from third persons in Arbitration is generally more limited than in a lawsuit. An Arbitrator will decide the case by issuing a written decision called an "award." Once confirmed, an award may be enforced as a court judgment in accordance with federal or state law. The circumstances under which a court can review an award are more limited in Arbitration. C. Rules: The Arbitration shall be governed by and conducted under: (a) the Federal Arbitration Act, 9 U.S.C. §§ 1-9; (b) the arbitration rules ("Arbitration Rules") of the American Arbitration Association ("AAA") (the "Arbitration Administrator") in effect at the time Arbitration is requested, at the election of the Party filing for Arbitration; and (c) this Arbitration Agreement. A copy of the Arbitration Rules may be obtained, free of charge, from the AAA, on the internet at www.adr.org, by calling 800-778-7879, or by writing to - American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 10019. If the terms of this Arbitration Agreement and the Arbitration Rules conflict, the terms of this Arbitration Agreement shall control to the extent of the conflict. The person who conducts the Arbitration (the "Arbitrator") shall have all powers provided by the Arbitration Rules and this Arbitration Agreement. After the Arbitrator is selected, the Arbitrator, in accordance with the Arbitration Rules, will set a reasonable schedule, in light of the nature and complexity of the Claims, for the Arbitration and discovery, including any depositions, the exchange of written documents, the final deadline for discovery prior to the Arbitration, and other discovery matters addressed in the Arbitration Rules. The Arbitration shall be conducted in the largest city in the federal judicial district where Buyer resides, or at any other place mutually acceptable to Buyer and Seller. At the election of either Buyer or Seller (and at the expense of the electing party), the Arbitration may be recorded and transcribed by a court reporter. Judgment upon the award rendered may be entered in any court having jurisdiction. The Parties agree that information exchanged in the Arbitration shall be held confidentially, and shall not be used in other arbitrations or court proceedings. All statutes of limitation that would otherwise apply to a Claim in a judicial action shall apply to the Arbitration of that Claim under this Arbitration Agreement. The Arbitrator shall apply applicable substantive law and shall honor claims of privilege recognized at law and consider defenses that a court could consider. The Arbitrator's decision shall be in writing, and shall include the Arbitrator's reasons for the award, including detailed findings of fact and conclusions of law. The Arbitrator may award the prevailing party in the Arbitration with that party's reasonable attorney's fees and any fees paid to commence the Arbitration, including the Arbitrator's fees, if such are available under applicable law. Any Claim or counter-claim (including compulsory or permissive under law) of a party must be made in the Arbitration, and the failure to bring such Claim or counterclaim shall constitute a waiver of and a bar to bringing such claim or counterclaim in an later Arbitration or action in court. D. Fees and Costs: The fees and costs imposed by the Arbitration Administrator associated with the Arbitration, including the Arbitrator's fees, shall be paid in accordance with the Arbitration Rules and this Arbitration Agreement. Buyer may request that the Arbitration Administrator reduce or waive Buyer's fees, or that Seller voluntarily pay an additional share of the fees and costs (however, such request does not obligate Seller to do so), based upon Buyer's financial circumstances or the nature of Buyer's Claim. E. Class Action Waiver: Buyer waives the right to participate as a representative or member in a class action or otherwise join Buyer's Claims with those of any other person. F. Joinder of Arbitrations: Except as provided expressly in Paragraph A. of this Arbitration Agreement with respect to the Arbitration of Buyer's individual Related Claims, Buyer and Seller agree to give up any right to consolidate or join any individual Arbitration with the Arbitration of others. G. Exceptions: Notwithstanding any other provision of this Arbitration Agreement, Buyer agrees that Seller may use judicial process (filing a lawsuit): (a) to enforce the security interest granted in this Contract or any related mortgage or deed of trust, and (b) to seek preliminary relief, such as a restraining order or injunctive relief, in order to preserve the existence, location, condition, or productive use of the Manufactured Home or other Collateral. Buyer and Seller also agree that this Arbitration Agreement does not apply to any Claim where the amount in controversy is less than the jurisdictional limit of the small claims court in the jurisdiction where Buyer resides, provided, however, that the Parties agree that any such small claims Claim may only be brought on an individual basis and not as a class action. Bringing a court proceeding described in this paragraph G., however, shall not be a waiver of Seller's or Buyer's right to compel Arbitration of any other Claim that is covered by this Arbitration Agreement, including Buyer's counterclaim(s) in a suit brought by Seller. Buyer and Seller give up the right to serve as a private attorney general in any jurisdiction in which such procedure might be permitted. H. Severability: If it is determined that any paragraph or provision in this Arbitration Agreement (other than the Class Action Waiver in paragraph E., the agreement with respect to joinder of Arbitrations in paragraph F., or the agreement of Buyer and Seller not to arbitrate class actions generally) is illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect the other paragraphs and provisions of this Arbitration Agreement and the remainder of this Arbitration Agreement shall continue in full force and effect as if the severed paragraph or provision had not been included. Notwithstanding this severability provision or any other provision of this Contract or Arbitration Agreement, if a court of competent jurisdiction finally determines the Class Action Waiver in paragraph E., the agreement with respect to joinder of Arbitrations in paragraph F., or the agreement of Buyer and Seller not to arbitrate class actions generally, to be illegal, invalid, or unenforceable, then the Parties agree that such waiver shall not be severed and that this Arbitration Agreement shall be void in its entirety without effect on the remainder of this Contract. I. Survival of Arbitration Agreement: This Arbitration Agreement will survive and continue in full force and effect notwithstanding rescission, cancellation, termination, amendment, payment in full, discharge in bankruptcy, or other expiration or conclusion of this Contract or any other contract or transaction between the Parties, unless otherwise agreed to in writing by the Parties. In addition, Buyer understands and acknowledges that the rights afforded to Seller under this Arbitration Agreement survive any assignment of this Contract by Seller and that Seller can enforce this Arbitration Agreement in the event a Claim arises after the assignment of this Contract. J. Rules of Construction: If there is a disagreement on the interpretation of this Arbitration Agreement, this Arbitration Agreement shall be construed to require Arbitration, rather than to defeat it, except for class actions, which the Parties agree not to arbitrate. Buyer and Seller waive the rule of construction that requires a tribunal to construe a vague or ambiguous provision against the drafting party. K. Jury Waiver: Buyer and Seller hereby expressly and irrevocably waive any right to a trial by judge or jury of any Claims covered by this Arbitration Agreement. This waiver will remain enforceable even if any portion of this Arbitration Agreement is otherwise found to be unenforceable. The Parties agree that this waiver is made knowingly, willingly, and voluntarily. L. NOTICE: BUYER UNDERSTANDS THAT THIS ARBITRATION AGREEMENT IS AN IMPORTANT AGREEMENT AND THAT THE TERMS OF THIS ARBITRATION AGREEMENT AFFECT BUYER'S LEGAL RIGHTS. BY SIGNING THIS CONTRACT, BUYER ACKNOWLEDGES THAT BUYER HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY THIS ARBITRATION AGREEMENT. IF BUYER DOES NOT UNDERSTAND ANY OF THE TERMS OR PROVISIONS OF THIS ARBITRATION AGREEMENT, INCLUDING ADVANTAGES OR DISADVANTAGES OF ARBITRATION, THEN BUYER SHOULD SEEK INDEPENDENT LEGAL ADVICE BEFORE SIGNING THIS CONTRACT. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR (BUYER) COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR (BUYER) SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR (BUYER) HEREBY. NOTICE TO THE BUYER: 1. DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. 2. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. 3. BY SIGNING THIS CONTRACT, YOU ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT. 4. AT ANY TIME, YOU HAVE THE RIGHT TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS CONTRACT WITHOUT PENALTY. SELLER'S AGREEMENT AND ASSIGNMENT: Seller hereby agrees to this Contract. Additionally, Seller hereby assigns this Contract, together with Seller's rights, title and interests in the Collateral and all real property (if any) securing this Contract, to Vanderbilt Mortgage and Finance, Inc. (the "Assignee"), located at 500 Alcoa Trail, Maryville, Tennessee 37804. Notice of acceptance is hereby waived. IT IS IMPORTANT THAT YOU THOROUGHLY READ THIS CONTRACT BEFORE YOU SIGN IT. THE ANNUAL PERCENTAGE RATE MAY BE NEGOTIABLE WITH THE SELLER. THE SELLER MAY ASSIGN THIS CONTRACT AND RETAIN THE RIGHT TO RECEIVE A PART OF THE FINANCE CHARGE. Executed by the parties this 27 day of June, 2011. (Buyer) TIFFANY BRANDY NICOLE BANTHER (Buyer) MATTHEW BLAKE FERGUSON GUARANTY OF BUYER'S PROMISES: The undersigned, separately and together, agree(s) to pay all amounts due on this Contract until all amounts due on this Contract are paid in full. The undersigned also agree(s) to all the terms and conditions of this Contract. (Co-Signer) (Co-Signer) ASSIGNMENT BY VANDERBILT MORTGAGE AND FINANCE, INC. VANDERBILT MORTGAGE AND FINANCE, INC., having been assigned this Contract, hereby assigns to ________________________________ the foregoing Contract, including all amounts payable by Buyer and the security interest in the Collateral, without recourse. Date: ________________________ By: __________________________________________ Title: __________________________________________ ALLONGE TO NOTE Loan Number: [REDACTED] Borrower(s) Name: Tiffany Brandy Nicole Banther and Matthew Blake Ferguson Note Date: June 27, 2011 ENDORSEMENT Clayton Homes Muskogee OK endorses over and assigns unto _____________ the above described CONTRACT/NOTE which is otherwise attached hereto together with all sellers’ right, title and interest therein, including the right to all monies, the security interest and any and all interest in the Manufactured Home described therein without recourse. Clayton Homes Muskogee OK, By: ______________________________________ Larry Carter, Assistant Secretary MORTGAGE AND SECURITY AGREEMENT A power of sale has been granted in this mortgage and security agreement. A power of sale may allow the mortgagee to take the mortgaged property and sell it without going to court in a foreclosure action upon default by the mortgagor under this mortgage. This mortgage dated 10/27/11, Tiffany Brandy Nicole Banther, a single person and Matthew B Ferguson, a single person ("Borrower") whose address is RR 4 BOX 1711 STIGLER OK 74462 to Vanderbilt Mortgage and Finance, Inc., Maryville, Tennessee (the "Lender"), which term shall be construed to include Lender's successors and assigns), whose address is PO Box 9800, Maryville, Tennessee 37802. Borrower is indebted to Lender in the principal sum of $69,605.74, together with interest thereon, evidenced by a Promissory Note dated 10/27/11 and executed by Borrower payable according to the terms thereof to the order of Lender, and with interest thereon, late charges and premium payments payable in accordance with the terms thereof, and having a maturity date of 07/01/2031 unless sooner paid in full by borrower (the "Note"). Borrower, in consideration of the indebtedness referred to above, it having been a condition thereof that it be secured by this Mortgage, irrevocably grants and conveys to Lender, successors and assigns, the fee simple property located in HASKELL, Oklahoma, which is more particularly described on Exhibit "A" attached to this Mortgage as a part hereof. TOGETHER with: (i) all buildings, structures and improvements now or hereafter situated thereon, including all rents, issues and profits therefrom, including, but not limited to, a manufactured home as follows: (ii) all of Borrower's right, title, and interest in tunnels, passageways, driveways, easements, party walls and all other estates in the real property; (iii) all apparatus, equipment, machinery, materials, appliances, chattels and fixtures now or hereafter erected or now or hereafter attached to the real property, whether or not the same have or would become party of the real property by attachment thereto [all of which, together with items (iv), (v), (vi), (vii), and (viii), hereinbelow, is hereinafter sometimes collectively called the "Collateral"], including, without limitation, all signs, screens, awnings, storm windows and doors, cabinets, partitions, floor coverings, escalators, elevators and motors, boilers, tanks, furnaces, radiators and all heating, lighting, plumbing, gas, electric, ventilating, refrigerating, air conditioning, fire prevention, and fire extinguishing equipment of whatsoever kind and character; (iv) all of the right, title and interest of Borrower in and to any items of personal property which may be subject to a title retention or security agreement superior in lien to the lien of the Mortgage; (v) any and all utility deposits, security deposits, permits, licenses, franchises, certificates and other rights and privileges obtained in connection with the operation of the real property; (vi) any and all proceeds payable or to be payable under any policy of insurance relating to the operation of the real property; (vii) any and all proceeds arising from the taking of all or part of the real property for any public or quasi-public use under any law or by right of eminent domain; and (viii) all other tangible and intangible personal property whatsoever now owned or hereafter acquired by borrower and now hereafter located in or used for the operation and maintenance of the aforesaid real property, buildings and improvements and the business conducted thereon, all of which shall be subject to the lien of this Mortgage and other security instruments executed in connection therewith. The above-described real property, appurtenances, improvements, Collateral and other items of personality are hereafter sometimes referred to as the "Property". To the extent permitted by law, the foregoing items should be considered part of the hereinabove described real property and is hereby declared to be subject to the lien of this Mortgage as security for the payment of the indebtedness herein described. Borrower hereby grants to and confers on Lender the power to sell the Property in the manner provided under the Oklahoma Power of Sale Mortgage Foreclosure Act 46 O.S. 40-48, as the same may be amended from time to time. TO SECURE to Lender; (a) the repayment of the indebtedness evidenced by this Mortgage, the payment of all other sums, with interest at the same rate set forth above, advanced in accordance with this Mortgage to protect the security of this Mortgage; (b) the performance of the covenants and agreements of Borrower herein contained; (c) the repayment of any future advances, with interest thereon, made to Borrower by Lender pursuant to paragraph 20 hereof; (d) additionally, any and all renewals or extensions of all or any part of the indebtedness, obligations, loans, advances and liabilities described herein, and (e) to secure the statutory costs of all legal proceedings brought by Lender to enforce the Notes, this Mortgage, the Loan Agreement and any other security documents executed in connection herewith, all other costs and expenses paid or incurred by Lender in respect to or in connection with the Property, and any other sums that may become due and payable by Borrower hereunder. TO HAVE AND TO HOLD the Property unto Lender in fee simple, forever, provided that until Borrower's breach of any covenant or agreement in this Mortgage Borrower shall have possession of the Property, and if the sums secured by this Mortgage are paid in full and all of the covenants and agreements of Borrower set forth herein have been performed, then this Mortgage shall be void. Borrower covenants that Borrower is lawfully seized of a fee simple estate in the Property and has the right to grant and convey the Property, that the Property in unencumbered except [for the encumbrances, if any, specifically listed in the mortgagee title insurance policy to be issued to Lender pursuant to the commitment to insure, delivered to and accepted by Lender on or before the date hereof], and that Borrower will warrant and defend the title to the Property. 4. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under Paragraphs 1 and 3 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under Paragraph 3 hereof, then to interest payable on the principal of the indebtedness secured by this Mortgage, then to the principal of the indebtedness secured by this Mortgage. 5. Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage in the manner provided under Paragraph 3 hereof or, if not paid in this manner, by Borrower making payment, when due, directly to the payee thereof Borrower shall promptly furnished to Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Mortgage; provided that Borrower shall not be required to discharge any lien which has priority over this Mortgage; provided, that Borrower shall not be required to discharge the lien so long as Borrower shall agree in writing to the payment of the obligation secured by the lien and shall secure that promise in a manner acceptable to Lender, and shall in good faith contest the lien by, or defend enforcement of the lien in legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. 6. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require in the amount of not less the $500,000.00 and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender, provided that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid by Borrower, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgagee clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. All insurance proceeds shall be payable solely to Lender and not to Lender and Borrower jointly. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied first to repairs and/or restoration of the buildings, structures and/or improvements that are the subject of said proceeds, second to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. If the Property is abandoned by borrower, or if Borrower fails to respond to Lender within ten (10) days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for the proceeds at Lender's option, either to the restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of any installments referred to in Paragraph 1 and 3 hereof or change the amount of any installments. If under Paragraph 19 hereof the Property is acquired by Lender, all rights, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Mortgage immediately prior to the sale or acquisition. 7. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property, or commit or permit any act, which shall impair the value of the Property. 8. Protection of Lender's Security. If borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements, reorganizations or proceedings involving a bankrupt or deceased, the Lender at Lender's option, upon notice to Borrower, may make appearances, disburse sums and take action as in Lender's opinion is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs or to operate the same. Any amounts disbursed by Lender pursuant to this Paragraph 8, with interest thereon, shall become addition indebtedness of Borrower and shall be secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable immediately upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on the outstanding principal under this Mortgage, unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in the Paragraph 8 shall require Lender to incur any expense or take any action hereunder. 9. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with a condemnation or other taking of the property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total or partial taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower, except that if the taking is a partial taking Lender may apply the proceeds, or any part thereof, at Lender's option to the restoration or repair of the Property. If the Property is abandoned by Borrower, or if after notice by Lender to Borrower that the condemning authority offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within ten (10) days after the date the notice is mailed, Lender is authorized to collect and apply the proceeds at Lender's option, either to the restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the installments referred to in Paragraph 1 and 3 hereof or change the amount of such installments. 11. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successor in interest or the liability of any guarantor. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this mortgage by reason or 13. Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. 14. Successors and assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall insure to the respective successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 18 hereof all convents and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define the provisions hereof. 15. Notice. Except for any notice required under applicable law to be given in another manner (a) any notice to Borrower provided for in this Mortgage shall be given by Physical delivery to Borrower or by mailing the notice by certified mail addressed to Borrower at Borrower's address appearing in this Mortgage or at such other address or Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested to Lender's address appearing in this Mortgage, or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 16. Governing Law. This Mortgage shall be governed by the law of the State of Oklahoma, without regard to principles of conflict of laws. 17. Severability. In the event that any provision or clause of this Mortgage conflicts with applicable law, such conflict shall not affect any other provision of this Mortgage which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage are declared to be severable. 18. Transfer of the Property. Neither the entire Property nor any part thereof or any interest therein shall be sold or transferred by Borrower whether by voluntary or involuntary act, by operation of law or otherwise, without lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, if the same has been consented to be Lender, which consent shall not be unreasonably withheld, (b) the creation of a purchase money security interest for household or business appliances, (c) a transfer by devise or descent, (d) a transfer by operation of law upon the death of a joint tenant or the grant of any leasehold interest beyond the maturity date of the Promissory notes not containing an option to Purchase. 19. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall mail notice to borrower as provided in Paragraph 15 hereof specifying (1) the breach and (2) a date, not less than thirty-five (35) days from the date notice is mailed to Borrower, by which the breach must be cured. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Borrower hereby grants to Lender or Lender's attorney, a power of sale and hereby assents to the sale of the Property in the event the breach is not cured within the time above stated. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Paragraph 19, including but not limited to, reasonable attorney's fees. If Lender invokes the power of sale or a judgment is obtained for the execution and sheriff's sale of the Property the person authorized to make the sale shall give notice of this sale by public notice for the time and in the manner prescribed by applicable law or rule of court and without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order at the person making the sale may determine. The person making the sale pursuant to power of sale may postpone the sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale in which event no readvertisement of the sale shall be required except as required by law. Lender, or Lender's designee, may purchase the Property at any sale. In the event of foreclosure by judicial proceedings the court shall direct the sale of the Property to be with or without appraisement, as Lender may elect at the time judgment is rendered. The foreclosure sale may be made subject to one or more tenancies of the Property entered into subsequent to the date of the recording of this Mortgage if the required notice of sale so discloses. The person making the sale shall deliver to the purchaser a deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the deed shall be prima facia evidence of the truth of the statements made therein. The person making the sale shall apply the proceeds of the sale in the order prescribed by law. 20. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to the giving of notice to Borrower pursuant to Paragraph 19 hereof and Borrower's failure to cure the default within the time stated therein, or in the event of the abandonment of the Property, have the right to collect and retain the rents as they become due and payable. Upon the giving of notice to Borrower pursuant to paragraph 19 hereof and Borrower's failure to cure the default within the time stated therein, or in the event of the abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property, including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and of collection of rents, including, but not limited, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 21. Future Advances. Upon the request of Borrower, Lender, at Lender's option prior to release of this Mortgage, may make future advances to Borrower. The Future advances, with interest thereon shall be secured by this Mortgage when evidenced by promissory notes stating that the Notes are secured hereby. At no time shall the principal amount of the indebtedness then outstanding and secured by this Mortgage, not including sums advanced in accordance herewith to protect the security of this Mortgage, exceed the original principal amount of the indebtedness recited in the second grammatical paragraph on page 1 of this Mortgage. Exhibit B 24. Usury. Notwithstanding any provision herein or in the Notes, the total liability for payments in the nature of interest shall not exceed the limits now imposed by the usury laws of the State of Oklahoma, or if the holder of the Notes shall ever be entitled to receive, collect or apply, as interest on the indebtedness, any amount in excess of the maximum legal rate of interest permitted to be charged by applicable law, and, in the event any holder of the Notes ever receives, collects or applies, as interest, any such excess, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance of the indebtedness, and if the principal balance of the indebtedness is paid in full, any remaining excess shall be forthwith paid to Borrower. In determining whether or not the interest paid or payable under any specific contingency exceeds the highest lawful rate, Borrower and Lender shall, to the maximum extent permitted under applicable law; (a) characterize any non-principal payment as an expense, fee or premium rather than as interest; (b) exclude voluntary prepayments and effects thereof; and (c) "spread" the total amount of interest on the Notes throughout the entire term of such Notes so that the interest rate is uniform through the entire term of such Notes. 25. Amendment. This Mortgage cannot be changed except by an agreement in writing signed by the party against whom enforcement of the change is sought. 26. Relationship of Parties. This Mortgage is given as an incident to a lending transaction between Borrower and Lender, and in no event shall the Lender be construed to be a partner or associate of the Borrower in the conduct of business, as landlord or otherwise, or about the Property, nor shall Lender be liable for any debts or obligations incurred by Borrower in the conduct of such business, it being understood and agreed that the relations of the parties is and at all times shall remain that of Borrower and Lender. EXECUTED this 27 day of June, 2011. BORROWER: Tiffany Brandy Nicole Banther Matthew B Ferguson STATE OF OKLAHOMA ) COUNTY OF Tulsa ) Before me the undersigned, a Notary Public in and for said County and State, on this 27 day of June, 2011 personally appeared Tiffany Brandy Nicole Banther, a single person and Matthew B Ferguson, a single person, known to be the identical person who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal June 27, 2011 Thom Mericle Notary Public Bob S Lewis Notary Address OK-Mortgage and Security Agreement OK/635 - okmrg290 Page 7 of 7 * Ferguson, a single person; to me Record & Return by [ ] Mail [ ] Pickup to: CMH Homes, Inc. 5000 Clayton Road Maryville, Tennessee 37804 This Instrument Prepared By: CHAyToN Homes #833 223S- N. 32nd ST MuskOGee OK. 74401 MANUFACTURED HOME RIDER TO SECURITY INSTRUMENT This Rider is made this 27 day of June, 2011 and is incorporated into and amends and supplements the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the undersigned ("Buyer/Borrower") to secure Buyer/Borrower's payments and obligations under that certain manufactured home retail installment contract and disclosure statement or manufactured home promissory note, security agreement and disclosure statement with CMH HOMES, INC. ("Seller"), VANDERBILT MORTGAGE AND FINANCE, INC. ("Assignee") (and each severally and jointly the "Seller" herein, regardless of how denominated in the Security Instrument), and the Buyer/Borrower (the "Contract") of the same date as the Contract, and being secured by the real property described in the Security Instrument ("Property"). Buyer/Borrower agrees that the Security Instrument is amended and supplemented as follows: 1. Rider Controlling. IF THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS RIDER AND THOSE IN THE SECURITY INSTRUMENT, THE PROVISIONS IN THIS RIDER SHALL CONTROL. SUCH CONFLICTING PROVISIONS IN THE SECURITY INSTRUMENT SHALL BE DEEMED INEFFECTIVE OR MODIFIED AS NECESSARY TO MAKE SUCH CONFLICTING PROVISIONS CONSISTENT WITH THE PROVISIONS OF THIS RIDER. 2. Treatment of Manufactured Home. The Buyer/Borrower agrees (as marked and initialed by Buyer/Borrower) that the following described Manufactured Home, which is or will be sited on the Property, will have the following character: (a) Manufactured Home Is and Remains Personal Property. [ X ]. (Buyer/Borrower Initials): BB/M BF If this Section 2(a) is marked and initialed, the Manufactured Home shall retain its character as personal property and shall not become or be considered to be part of the Property, and shall be regulated by the provisions of the Exhibit B (Description of Manufactured Home) Make: CMH Year: 2006 Model: FREEDOM 3 Serial Number(s): CSS007678TXAB (the "Manufactured Home" herein) 3. Covenants and Agreements of Borrower as to Manufactured Home. If Section 2(a) has been marked and initialed, the Buyer/Borrower covenants and confirms that the Manufactured Home is and shall remain personal property, separate and severable from the Property, and Buyer/Borrower agrees not to take any action, or fail to take any action, the consequence of which would be to change the status of the Manufactured Home from personal property, provided that the Buyer/Borrower may treat the Manufactured Home as real property for ad valorem and similar tax purposes if such treatment is permissible under state law notwithstanding that the Manufactured Home is personal property otherwise and such tax treatment does not otherwise affect or negate the treatment of the Manufactured Home as personal property. Buyer/Borrower agrees that Seller shall have the following rights and remedies in the event Seller commences proceedings for the foreclosure and sale of the Property: (a) After Seller repossesses or recovers the Manufactured Home, Seller may sell the Manufactured Home and apply the net sale proceeds (after having deducted the fees and costs permitted under the Contract and applicable law) toward any remaining amount Buyer/Borrower owes under the Contract. (b) In the event of any foreclosure sale of the Property, the Manufactured Home may, at Seller's election, be sold with the Property as a whole or sold separately. It shall not be necessary to have the Manufactured Home present at the place of sale of the Property. (c) Seller may exercise it rights and remedies relative to the Manufactured Home and Property in such order or manner as Seller may elect. 4. Borrower Covenants and Agreements When Manufactured Home Converted to Real Property. If Section 2(b) has been marked and initialed, Buyer/Borrower covenants and agrees that the Manufactured Home is or will be an improvement to the Property, and thus be or become a part of the Property. Additionally, Buyer/Borrower agrees and covenants (to the extent such is not now the case): to affix, and keep so affixed, the Manufactured Home to a permanent foundation; to comply with all applicable law otherwise relating to the affixation of the Manufactured Home; to remove the wheels, axles, tow bar and hitch, as may be applicable; that the Manufactured Home's being affixed to the Property does not and will not violate any zoning laws or restrictive covenants relating to the Property; to surrender the certificate of title to the Manufactured Home, if required by Seller and permitted by applicable law, to obtain any and all requisite governmental approvals and documentation necessary for the Manufactured Home to be treated as real property under applicable law and to comply with Seller's reasonable requests in connection therewith; and not to take such action or refrain from taking such action, the consequence of which would be to change the status of the Manufactured Home from real property status to personal property status under applicable law. By signing below, Buyer/Borrower accepts and agrees to the terms and covenants contained in this Rider. (Tiffany B Banther)(Seal) Borrower TIFFANY B BANTHER Printed Name (Matthew B Ferguson)(Seal) Borrower MATTHEW B FERGUSON Printed Name "Exhibit A" A tract of land in the Southeast Quarter of the Southeast Quarter (SE/4 SE/4) of Section 15, Township 9 North, Range 18 East of the Indian Base and Meridian, Haskell County, State of Oklahoma, more particularly described as: Commencing at the Southeast corner of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter (NE/4 SE/4 SE/4); Thence West a distance of 687.5 feet; Thence North a distance of 418 feet to the point of beginning; Thence North a distance of 209 feet; Thence East a distance of 153.66 feet to the Southwesterly right of way line of county road; Thence S 43°29'42" E on the said Right of Way line for a distance of 79.95 feet; Thence South a distance of 151.33 feet; Thence West a distance of 209 feet to the point of beginning, LESS AND EXCEPT the Easterly 5.5 feet thereof.