Lakeview Loan Servicing, LLC v. Cammie Thomas

IN THE DISTRICT COURT IN AND FOR LEFLORE COUNTY STATE OF OKLAHOMA LAKEVIEW LOAN SERVICING, LLC; ) ) ) ) Plaintiff, ) vs. ) Case No. CJ-2026-34 ) ) Judge CAMMIE THOMAS; ) RYAN THOMAS; ) OCCUPANTS OF THE PREMISES; ) UNITED STATES OF AMERICA, EX ) REL. DEPARTMENT OF HOUSING ) AND URBAN DEVELOPMENT; ) ) ) Defendants. PETITION FOR FORECLOSURE OF MORTGAGE FIRST CAUSE OF ACTION COMES NOW the Plaintiff and for its First Cause of Action against the Defendants, alleges and states: 1. Plaintiff is the holder of a note and mortgage secured by real property located within this County in the State of Oklahoma. 2. This court has both jurisdiction and venue for this cause of action. 3. On or about November 6, 2009, the Defendant, Cammie Thomas, for good and valuable consideration, made, executed and delivered to Quicken Loans Inc., a certain promissory note, in writing, promising and agreeing to pay to the holder thereof, the sum of $163,970.00 with interest thereon at the initial rate of 4.75% per annum on the unpaid balance, payable in monthly installments of $855.35, to be applied first to the interest on the unpaid balance and the remainder to the principal until said debt is paid in full. A copy of said Note is attached hereto, marked Exhibit "A" and made a part hereof, as if incorporated herein in full. 4. That on November 6, 2009, the Defendants, Cammie Thomas and Ryan Thomas, granted a mortgage unto Mortgage Electronic Registration Systems, Inc., as Nominee for Quicken Loans Inc. and a loan modification agreement unto Lakeview Loan Servicing LLC, said real property described on the mortgage and loan modification agreement. The full and complete legal description of the subject property is as follows: A part of the Northwest Quarter (NW/4) of Section Twenty-four (24), Township Six (6) North, Range Twenty-five (25) East of the Indian Base and Meridian, LeFlore County, Oklahoma, more particularly described as follows: Commencing at the Southwest Corner of the Northwest Quarter (NW/4) of said Section 24; thence North 89°45'49" East along the South line of the Northwest Quarter (NW/4) a distance of 1,094.09 feet to the point of beginning; thence North 00°33'17" East 1322.11 feet; thence North 89°42'11" East 217.53 feet; thence South 00°02'33" West 1322.23 feet; thence South 89°45'49" West 229.35 feet to the Point of Beginning, commonly known as 37510 Lassiter Road, Howe, OK 74940 (the "Property") 5. That due to mutual error of the parties herein, the legal description as contained on said mortgage and loan modification agreement are incorrect. A Partial Release of Real Estate Mortgage and Loan Modification Agreement was recorded on November 30, 2021, in Book No. 2167, at Page 530. A copy of said partial release is attached hereto, marked Exhibit “F” and incorporated herein by reference. The true and correct legal description of the real property is set forth below: A part of the Southwest Quarter of the Northwest Quarter (SW/4 NW/4) of Section 24, Township 6 North, Range 25 East of the Indian Base and Meridian, LeFlore County, Oklahoma, more particularly described as follows: Beginning at the Southwest corner of the Northwest Quarter (NW/4) of said Section 24: thence North 87 degrees 50 minutes 48 seconds East along the South line of the SW/4 NW/4 a distance of 1094.09 feet; thence North 01 degrees 21 minutes 44 seconds West a distance of 485.27 feet; thence South 87 degrees 48 minutes 18 seconds West a distance of 675.10 feet; thence South 01 degrees 21 minutes 44 seconds East a distance of 302.77 feet; thence South 87 degrees 50 minutes 48 seconds West a distance of 420.49 feet to a point on the West line of the SW/4 NW/4; thence South 01 degrees 50 minutes 00 seconds East along said West line a distance of 182.00 feet to the point of beginning, commonly known as 37510 Lassiter Road, Howe, OK 74940 (the "Property") 6. That said legal description should be reformed to the true and correct description as set forth above. WHEREFORE, premises considered, Plaintiff prays for an Order of the Court reforming the legal description above, and for such other, further and additional relief as this Court deems just and proper in the premises. SECOND CAUSE OF ACTION COMES NOW the Plaintiff, and for its Second Cause of Action first realleges and restates its first cause of action and for further action alleges and states: 7. That as part and parcel of the same transaction, and for the purpose of securing the payment of the aforesaid promissory note and all of the indebtedness evidenced thereby, the maker of said note and Ryan Thomas, being then and there the owners of the fee simple title of record of the property hereinafter described, made executed and delivered to Mortgage Electronic Registration Systems, Inc., as Nominee for Quicken Loans Inc., a real estate mortgage, encumbering the following real property, to-wit: A part of the Northwest Quarter (NW/4) of Section Twenty-four (24), Township Six (6) North, Range Twenty-five (25) East of the Indian Base and Meridian, LeFlore County, Oklahoma, more particularly described as follows: Commencing at the Southwest Corner of the Northwest Quarter (NW/4) of said Section 24; thence North 89°45'49" East along the South line of the Northwest Quarter (NW/4) a distance of 1,094.09 feet to the point of beginning; thence North 00°33'17" East 1322.11 feet; thence North 89°42'11" East 217.53 feet; thence South 00°02'33" West 1322.23 feet; thence South 89°45'49" West 229.35 feet to the Point of Beginning, commonly known as 37510 Lassiter Road, Howe, OK 74940 (the "Property") to be reformed to the correct legal description of: A part of the Southwest Quarter of the Northwest Quarter (SW/4 NW/4) of Section 24, Township 6 North, Range 25 East of the Indian Base and Meridian, LeFlore County, Oklahoma, more particularly described as follows: Beginning at the Southwest corner of the Northwest Quarter (NW/4) of said Section 24: thence North 87 degrees 50 minutes 48 seconds East along the South line of the SW/4 NW/4 a distance of 1094.09 feet; thence North 01 degrees 21 minutes 44 seconds West a distance of 485.27 feet; thence South 87 degrees 48 minutes 18 seconds West a distance of 675.10 feet; thence South 01 degrees 21 minutes 44 seconds East a distance of 302.77 feet; thence South 87 degrees 50 minutes 48 seconds West a distance of 420.49 feet to a point on the West line of the SW/4 NW/4; thence South 01 degrees 50 minutes 00 seconds East along said West line a distance of 182.00 feet to the point of beginning, commonly known as 37510 Lassiter Road, Howe, OK 74940 (the "Property") That said mortgage was duly executed and acknowledged, according to law, and was duly recorded in the Office of the County Clerk of said County, State of Oklahoma, recorded on December 2, 2009, in Book No. 1754, at Page 820 and a Loan Modification Agreement recorded on March 14, 2016, in Book No. 1963, at Page 493, which was subsequently corrected on April 16, 2018, in Book No. 2031, at Page 864. Said mortgage is a good and valid first lien upon the property above described. A copy of said mortgage is attached hereto, marked Exhibit "B" and a copy of said corrective loan modification agreement is attached hereto, marked Exhibit "C" and made a part hereof, as if incorporated herein in full. The mortgage tax due on said mortgage, as provided by the laws of the State of Oklahoma, has been duly paid, as evidenced by the endorsement thereon. 8. That the Plaintiff has the right to foreclose and is the present holder of said Note and Mortgage having received due assignment of mortgage through mesne assignments of record, said assignment of mortgage recorded in the office of the County Clerk of said County in Book 1886 at Page 396. A copy of said assignment of mortgage is attached hereto, marked Exhibit "D" and incorporated herein by reference. 9. That said mortgage provides that, in addition to the monthly payments of principal and interest as provided in said Note, the Mortgagor will pay on the first day of each month, installments of taxes, special assessments, insurance premiums, fire and other hazardous insurance premiums relating to said property and said Mortgage. 10. By the terms and conditions of said Note and Mortgage now held by the Plaintiff, it is specifically provided that in the event of default in the payments of any installment due under said Note and Mortgage, the entire amount outstanding, less unearned interest, shall at once become due and payable at the option of the Note holder. 11. Plaintiff further states that said payment was due, according to the terms of said Note on May 1, 2025, which said payment has not been made; the subsequent payments due on said note have not been paid, and Plaintiff, as the holder of said note, has elected to declare the entire balance due and payable; there is now due on said Note and Mortgage the principal sum of $92,521.19 with accrued interest thereon, plus interest accruing at the rate of 4% per annum from April 1, 2025, and as modified, until paid, as provided for in said Note and Mortgage. Plaintiff has demanded the payment of the same but the Defendant failed, refused and neglected to pay such amounts due. 12. Plaintiff further states that by reason of the default of said Defendant, the conditions of said Note and Mortgage have been broken; that the whole amount of the indebtedness thereby secured has matured and is now due and payable, together with interest thereon. By reason of the default aforesaid, Plaintiff has been required to pay abstracting charges and will be required to pay other title search expenses during the pendency of this action, and Plaintiff as provided in the Note and Mortgage, is entitled to reimbursement for these costs, the costs of preservation, and the costs of this suit and of collection including a reasonable attorney's fee. 13. Plaintiff has complied with all provisions of the mortgage including provisions relating to notice of default and is thus entitled to foreclosure of its mortgage and to a decree of this Court that its mortgage lien is a first and prior lien thereon and that the same should be sold to satisfy the indebtedness due Plaintiff herein. 14. That after allowing all just credits, there is due to Plaintiff on said Note and Mortgage the sum of $92,521.19, with accrued interest thereon, plus interest accruing at the rate of 4% per annum from April 1, 2025, and as modified, until paid; abstracting expense, accrued and accruing; insurance and preservation expenses accrued and accruing, bankruptcy fees and costs, if any; a reasonable attorney's fee provided for in said Note and Mortgage, and Plaintiff's costs; and all necessary funds advanced by Plaintiff accrued and accruing hereafter through completion of this action, for which said amounts said Mortgage is a first, prior and superior lien upon the real estate and premises above described. 15. That the Defendant, Occupants of the Premises, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein, for and on account of tenancy. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, Occupants of the Premises, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, Occupants of the Premises, be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the lands involved in this action or be forever barred from claiming any right in and to the said real estate. 16. That the Defendant, United States of America, ex rel. Department of Housing and Urban Development, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein, for and on account of a mortgage and subsequent partial release. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, United States of America, ex rel. Department of Housing and Urban Development, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, United States of America, ex rel. Department of Housing and Urban Development, be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the lands involved in this action or be forever barred from claiming any right in and to the said real estate. Copies of said mortgage and partial release are attached hereto, marked Exhibit "E" and "G", and incorporated herein by reference. 17. This is an attempt to collect a debt and any information obtained will be used for that purpose. The creditor signed has employed the below law firm to collect the amount of debt, together with any other costs and expenses allowed under the note and real estate mortgage. Prior to the filing of this action and in compliance with the Fair Debt Collection Practices Act the Plaintiff's attorney has mailed Debt Verification Notices to the last known addresses of the debtor. WHEREFORE, premises considered, Plaintiff prays that it have judgment, in personam and in rem, of and from the Defendant, Cammie Thomas, and judgment, in rem, of and from the Defendant, Ryan Thomas, in the amount of $92,521.19 with accrued interest thereon, plus interest accruing at the rate of 4% per annum from April 1, 2025, and as modified, until paid, abstracting expense, accrued and accruing; insurance and preservation expenses accrued and accruing; bankruptcy fees and costs, if any; a reasonable attorney's fee provided for in said Note and Mortgage, and Plaintiff's costs; and all necessary funds advanced by Plaintiff accrued and accruing hereafter through completion of this action. And a further judgment against all of the Defendants, adjudging; That said mortgage be foreclosed and that the same be declared a valid first and prior lien upon the real estate and premises above described, for and in the amount set forth, and order the said real estate and premises sold, with or without appraisement, as the Plaintiff shall elect at the time judgment is rendered herein; and as provided in said Mortgage, and by law, subject to unpaid taxes, if any, to satisfy said judgment and the proceeds therefrom applied to the payment of the costs herein and payment and satisfaction of the judgment, mortgage and lien of this Plaintiff, and that the surplus, if any, be paid into Court, to abide the further order of the Court; That all of said Defendants be required to appear and set forth any right, title, claim or interest which they have or may have in and to said real estate and premises, which they, in any way claim, is prior or superior to the mortgage and lien of this Plaintiff; That the Court adjudicate that all of said claims are subject, junior and inferior to the mortgage, lien and judgment of this Plaintiff; and that upon confirmation of said sale, the Defendants herein and each of them, and all persons claiming by, through or under them, since the commencement of this action, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in and to said premises or any part thereof; That this Plaintiff have such other and further relief as may be just and equitable. KIVELL, RAYMENT AND FRANCIS A Professional Corporation By: Date: 2/13/26 Title: Attorney Samuel R. Fiorelli, OBA #36114 Triad Center I, Suite 550 7666 East 61st Street Tulsa, Oklahoma 74133 Telephone (918) 254-0626 Facsimile (918) 254-7915 E-mail: [email protected] ATTORNEYS FOR PLAINTIFF VERIFICATION STATE OF OKLAHOMA ) COUNTY OF TULSA ) ss. Samuel R. Fiorelli, being first duly sworn, upon oath, deposes and says: That he/she is one of the attorneys for the Plaintiff in the above entitled action; that he/she prepared the above and foregoing Petition, knows the contents thereof, and that to the best of his/her knowledge and belief, the matters and things therein set forth are true and correct. By: ________________________________ Samuel R. Fiorelli, OBA #36114 Triad Center I, Suite 550 7666 East 61st Street Tulsa, Oklahoma 74133 Telephone (918) 254-0626 Facsimile (918) 254-7915 E-mail: [email protected] ATTORNEYS FOR PLAINTIFF SUBSCRIBED AND SWORN to before me this 13 day of Feb , 2026, by Samuel R. Fiorelli. NOTARY PUBLIC NOTE Multistate MERS MIN: [REDACTED] [Date] November 6, 2009 [Property Address] 37510 Lassiter Rd Howe, OK 74940 Thomas, Cammie 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Quicken Loans Inc. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Sixty Three Thousand Nine Hundred Seventy and 00/100 Dollars (U.S. $ 163,970.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Four and Three-Quarters percent ( 4.750 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on January , 2010 . Any principal and interest remaining on the first day of December , 2039 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at P.O. Box 553154, Detroit, MI 48255-3154 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 855.35 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ☐ Graduated Payment Allonge ☐ Growing Equity Allonge ☐ Other [specify] EXHIBIT A 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four and No-Thousandths percent (4.000%) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Cammie Thomas 11/06/2009 (Seal) ___________________________ (Seal) -Borrower -Borrower __________________________ (Seal) ___________________________ (Seal) -Borrower -Borrower __________________________ (Seal) ___________________________ (Seal) -Borrower -Borrower __________________________ (Seal) ___________________________ (Seal) -Borrower -Borrower PAY TO THE ORDER OF LAKEVIEW LOAN SERVICING LLC WITHOUT RECOURSE BANK OF AMERICA, N.A. BY Michele Sjolander MICHELE SJOLANDER SENIOR VICE PRESIDENT WITHOUT RECOURSE Pay To the Order of Bank of America, NA QUICKEN LOANS, INC. By Theresa Roodbeen CAPTURE MANAGER Pay To The Order Of WITHOUT RECOURSE LAKEVIEW LOAN SERVICING LLC BY: Julie Aldecoces, Vice President Return To: Recordings Requested by & When Recorded Return To: US Recordings, Inc. 2925 Country Drive Ste 201 St. Paul, MN 55117 Prepared By: Ryan Currier STATE OF OKLAHOMA, COUNTY OF LEFLORE - I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED FOR RECORD IN MY OFFICE AT POTEAU BOOK 1754 PAGE 820 DEC 02 2009 AT 1:45 OCLOCK PM KELLI FORD, COUNTY CLERK, BY DEPUTY DARLENE 10274 Treasurer Endorsement I hereby certify that I received $163.47 and issued receipt No.25599 therefore in payment of mortgage tax on the within mortgage. Dated this 02 day of December 2009 Joe Wiles, LeFlore Co. Treas. [Space Above This Line For Recording Data] State of Oklahoma MORTGAGE FHA Case No. MIN THIS MORTGAGE ("Security Instrument") is given on November 6, 2009 The Mortgagor is Cammie Thomas and Ryan Thomas wife and husband ("Lender"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. [REDACTED] Quicken Loans Inc. ("Lender") is organized and existing under the laws of the State of Michigan, and has an address of 20555 Victor Parkway, Livonia, MI 48152. Borrower owes Lender the principal sum of One Hundred Sixty Three Thousand Nine Hundred Seventy and 00/100 Dollars (U.S. $163,970.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on December 1, 2039. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in Le Flore County, Oklahoma: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS OF RECORD. Parcel ID Number: [Redacted] which has the address of 37510 Lassiter Rd Howe (City), Oklahoma 74940 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and other remedies permitted by applicable law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice in the manner required by applicable law to Borrower and any other persons prescribed by applicable law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs unless applicable law provides otherwise. 20. Waiver of Appraisal. Appraisal of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. 21. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of U.S. $ N/A 22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. [ ] Condominium Rider [ ] Growing Equity Rider [xx] Other [specify] [ ] Planned Unit Development Rider [ ] Graduated Payment Rider Legal Attached NOTICE TO BORROWER A power of sale has been granted in this Security Instrument. A power of sale may allow the Lender to take the Property and sell it without going to court in a foreclosure action upon default by Borrower under this Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ____________________________ ____________________________ 11/05/2009 (Seal) Cammie Thomas -Borrower ____________________________ Ryan Thomas 11/06/2009 (Seal) Ryan Thomas -Borrower ____________________________ (Seal) ____________________________ (Seal) -Borrower -Borrower ____________________________ (Seal) ____________________________ (Seal) -Borrower -Borrower ____________________________ (Seal) ____________________________ (Seal) -Borrower -Borrower EXHIBIT B STATE OF OKLAHOMA, The foregoing instrument was acknowledged before me this Cammie Thomas and Ryan Thomas, wife and husband Le Flore County ss: November 6, 2009 by Witness my hand and seal on this date. Sharon Wren Notary Public Commission #02020938 My Commission Expires: 1/9/2011 SHARON WREN Legal Description A PART OF THE NORTHWEST QUARTER (NW/4) OF SECTION TWENTY-FOUR (24), TOWNSHIP SIX (6) NORTH, RANGE TWENTY-FIVE (25) EAST OF THE INDIAN BASE AND MERIDIAN, LEFLORE COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (NW/4) OF SAID SECTION 24; THENCE NORTH 89°45'45" EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (NW/4) A DISTANCE OF 1,094.09 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°33'17" EAST 1322.11 FEET; THENCE NORTH 89°42'11" EAST 217.53 FEET; THENCE SOUTH 00°02'33" WEST 1322.23 FEET; THENCE SOUTH 89°45'49" WEST 229.35 FEET TO THE POINT OF BEGINNING. Title Is Vested In: RYAN THOMAS AND CAMMIE THOMAS, HUSBAND AND WIFE Record and Return to: Ianniello Anderson, P.C. Attn: Loss Mitigation 805 Route 146 Clifton Park, NY 12065 [Redacted] Prepared By: Justin Ellis Vice President Lakeview Loan Servicing, LLC 475 Crosspoint Pkwy Getzville, NY 14068 Corrective Loan Modification Agreement The purpose of this Corrective Loan Modification Agreement is to correct the Loan Modification Agreement between Cammie Thomas and Ryan Thomas and Lakeview Loan Servicing, LLC, dated 01/29/2016 and recorded 03/14/2016 in Book 1963 at Page 493 which (1) contained an invalid acknowledgement and (2) to add the Corrective Corporate Assignment of Mortgage to the chain of title. OTHER THAN THE STATED CORRECTIONS, THIS CORRECTIVE LOAN MODIFICATION AGREEMENT IS INTENDED TO RESTATE IN ALL RESPECTS THE LOAN MODIFICATION AGREEMENT, AND THE EFFECTIVE DATE OF THIS CORRECTIVE LOAN MODIFICATION AGREEMENT RELATES BACK TO THE EFFECTIVE DATE OF THE LOAN MODIFICATION AGREEMENT. Chain of title should read as follows: Original Mortgage from Cammie Thomas and Ryan Thomas to Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans, Inc., its successors and assigns, dated 11/06/2009 and recorded on 12/02/2009 in Book 1754 at Page 820. Said mortgage was assigned by Mortgage Electronic Registration Systems, Inc. to Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP. by Assignment of Mortgage dated 05/01/2012, recorded on 05/14/2012, in Book 1833 at Page 255; and thereafter corrected by Corrective Corporation Assignment of Mortgage dated 07/10/2015, recorded on 07/20/2015, in Book 1942 at Page 233 for the purpose of the correcting the Assignor's name to read Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans, Inc., and Further assigned from Bank of America, N.A. to Lakeview Loan Servicing, LLC by Assignment of Mortgage dated 10/02/2013 and recorded 10/18/2013 in Book 1886 at Page 396. Lakeview Loan Servicing, LLC by M&T Bank as attorney in fact by Power of Attorney to be recorded simultaneously herewith. Record & Return to: Ianniello, Anderson, P.C. Attn: Loss Mitigation 805 Route 146 Clifton Park, New York 12065 Prepared by -Justin Ellis Vice President Lakeview Loan Servicing, LLC 475 Crosspoint Pkwy Getzville, NY 14068 NO MORTGAGE TAX DUE LeFlore Co. Treasurer deputy (Space Above This Line For Recording Data) FHA# 70 TAX ID LOAN MODIFICATION AGREEMENT (Providing for Fixed Interest Rate) This Loan Modification Agreement ("Agreement"), made this January 29, 2014 between CAMMIE THOMAS ("Borrower(s)"), JOINED BY NON-OBLIGOR OWNER/NON-OBLIGOR SPOUSE(S) RYAN THOMAS, (SIGNING SOLELY IN CONNECTION WITH ANY INTEREST HELD IN THE PROPERTY AS DEFINED BELOW) and Lakeview Loan Servicing, LLC ("Lender"), with an address of 475 Crosspoint Pkwy Getzville, NY 14068, amends and supplements (1) the Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), and Timely Payment Rewards Rider, if any, dated November 06, 2009 and recorded in Book 1754 at Page 820 in Instrument Number N/A at County of LEFLORE, State of OKLAHOMA and (2) the Note bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the "Property", located at 37510 LASSITER ROAD HOWE, OKLAHOMA 74940, and more particularly described as follows: Original Mortgagee: Mortgage Electronic Registration Systems, Inc. as nominee for Atticuan Loans, Inc. As assigned by assignment from Mortgage Electronic Registration System, Inc. All that tract or parcel of land as shown on Schedule A which is annexed hereto and (B) incorporated herein as Exhibit A. Loans, Inc. to Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP, a wholly owned subsidiary of Countrywide Home Loans Servicing, LP, dated 5/11/10, recorded 5/14/10, in Book 1753, at Page 820, With the original principal balance of U.S. $163,970.00, with pre-modification principal of U.S. $149,505.33, and with capitalized amount of U.S. $0.00. Further assigned by assignment from Bank of America, N.A. In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument): Lakeview Loan Servicing LLC. Dated 10/12/13, Recorded 10/16/13, in Book 1881a at Page 316 Cammie Thomas. LOAN MODIFICATION AGREEMENT--Single Family--Fannie Mae Uniform Instrument Form 3179 06/06 (rev. 01/09) 1. As of first day of January, 2016 the amount payable under the Note and the Security Instrument (the 'Unpaid Principal Balance') is U.S. $115,002.60 consisting of the unpaid amount(s) loaned to Borrower by Lender plus any interest and other amounts capitalized. 2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance and continuing thereafter until the Maturity Date (as hereinafter defined), on the first day of December, 2045 at the yearly rate of 4.000% from first day of December, 2015. Borrower promises to pay monthly payments of principal and interest in the amount of U.S $549.04 beginning on the first day of January, 2016 and shall continue the monthly payments thereafter on the same day of each succeeding month until principal and interest are paid in full. The new Maturity Date will be December 01, 2045. Borrower's payment schedule for the modified Loan is as follows for the term of 30 years: <table> <tr> <th>Interest Rate Change</th> <th>Interest Rate</th> <th>Interest Rate Change Date</th> <th>Monthly Principal and Interest Payment Amount</th> <th>Payment Begins On</th> <th>Number of Monthly Payments</th> </tr> <tr> <td>1</td> <td>4.000%</td> <td>first day of December, 2015</td> <td>$549.04</td> <td>first day of January 2016</td> <td>360</td> </tr> </table> If on December 01, 2045 (the 'Maturity Date'). Borrower still owes amounts under the Note and Security Instrument, as amended by this Agreement, Borrower will pay these amounts in full on the Maturity Date. 3. If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by the Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. 4. Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, including without limitation, Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that Borrower is obligated to make under the Security Instrument; however. the following terms and provisions are forever canceled, null and void, as of the date specified in paragraph No. 1 above: (a) all terms and provisions of the Note and Security Instrument (if any) providing for, implementing, or relating to, any change or adjustment in the rate of interest payable under the Note, including, where applicable, the Timely Payment Rewards rate reduction, as described in paragraph 1 of the Timely Payment Rewards Addendum to Note and paragraph A.1. of the Timely Payment Rewards Rider. By executing this Agreement, Borrower waives any Timely Payment Rewards rate reduction to which Borrower may have otherwise been entitled; and (b) all terms and provisions of any adjustable rate rider or Timely Payment Rewards Rider, where applicable, or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a) above. 5. Borrower understands and agrees that: (a) All the rights and remedies, stipulations, and conditions contained in the Security Instrument relating to default in the making of payments under the Security Instrument shall also apply to default in the making of the modified payments hereunder. (b) All covenants, agreements, stipulations, and conditions in the Note and Security Instrument shall be and remain in full force and effect, except as herein modified, and none of the Borrower's obligations or liabilities under the Note and Security Instrument shall be diminished or released by any provisions hereof, nor shall this Agreement in any way impair, diminish, or affect any of Lender's rights under or remedies on the Note and Security Instrument, whether such rights or remedies arise thereunder or by operation of law. Also, all rights of recourse to which Lender is presently entitled against any property or any other persons in any way obligated for, or liable on, the Note and Security Instrument are expressly reserved by Lender. (c) Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. (d) All costs and expenses incurred by Lender in connection with this Agreement, including recording fees, title examination, and attorney's fees, shall be paid by the Borrower and shall be secured by the Security Instrument, unless stipulated otherwise by Lender. (e) Borrower agrees to make and execute such other documents or papers as may be necessary or required to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to the heirs, executors, administrators, and assigns of the Borrower. 6. By this paragraph, Lender is notifying Borrower that any prior waiver by Lender of Borrower's obligation to pay to Lender Funds for any or all Escrow Items is hereby revoked, and Borrower has been advised of the amount needed to fully fund the Escrow Items. EXHIBIT C 7. Borrower will pay to Lender on the day payments are due under the Loan Documents as amended by this Agreement, until the Loan is paid in full, a sum (the 'Funds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under the Loan Documents; (d) mortgage insurance premiums, if any, or any sums payable to Lender in lieu of the payment of mortgage insurance premiums in accordance with the Loan Documents; and (e) any community association dues, fees, and assessments that Lender requires to be escrowed. These items are called 'Escrow Items.' Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in the Loan Documents, as the phrase 'covenant and agreement' is used in the Loan Documents. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under the Loan Documents and this Agreement and pay such amount and Borrower shall then be obligated to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by notice given in accordance with the Loan Documents, and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this paragraph. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an agreement is made in writing or applicable law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender and Borrower can agree in writing, however, that interest shall be paid on the Funds. Lender shall provide Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by the Loan Documents, Lender shall promptly refund to Borrower any Funds held by Lender. (Seal) CAMMIE THOMAS State of Oklahoma County of LeFlore On the 29 day of March in the year 2016 before me, the undersigned, personally appeared CAMMIE THOMAS personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC State of Okla. LADONNA KILLION Comm. # 00071282 Expires 07-10-2016 My Commission expires: '7-10-16 (Seal) RYAN THOMAS -Non-Obligor State of Oklahoma County of LeFlore On the 29 day of March in the year 2016 before me, the undersigned, personally appeared RYAN THOMAS personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC State of Okla. LADONNA KILLION Comm. # 00071282 Expires 07-10-2016 My Commission expires: '7-10-16 LENDER Lakeview Loan Servicing, LLC LENDER Witness 1 Kevin Darwin Witness 2 Jenna Slonevey Richard Pomiettaez Banking Officer Lakeview Loan Servicing, LLC 2-2-16 Date of Lender’s Signature -------------------------------[Space Below This Line For Acknowledgments]------------------------ State of New York County of Erie On the 2016 day of February in the year 2016 before me, the undersigned, personally appeared Richard Pomiettaez personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument, the individual(s),or the person upon behalf of which the individual(s) acted, executed the instrument. Denise Domagalski Notary Public DENISE DOMAGALSKI Lic. #01DO8113426 Notary Public - State of New York Qualified In Erie County COMM. EXP. 7/20/16 LENDER Adam Wilk Lakeview Loan Servicing, LLC By: M&T Bank, as attorney in fact LENDER Adam Wilkowski Vice President By: Lakeview Loan Servicing, LLC By: M&T Bank, as attorney in fact 4/6/18 Date of Lender's Signature ----------------------------------------------|Space Below This Line For Acknowledgments|-------------------------- State of New York County of Erie On the 6th day of April in the year 2018 before me, the undersigned, personally appeared Adam Wilkowski personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Jenna Sweeney Notary Public JENNA SWEENEY NOTARY PUBLIC STATE OF NEW YORK NIAAC LIC #01SW6355882 COMM. EXP 03/20/2021 EXHIBIT C LOAN MODIFICATION AGREEMENT — Single Family — Fannie Mae Uniform Instrument Legal Description A PART OF THE NORTHWEST QUARTER (NW/4) OF SECTION TWENTY-FOUR (24), TOWNSHIP SIX (6) NORTH, RANCH TWENTY-FIVE (25) EAST OF THE INDIAN BASE AND MERIDIAN, LEFLORE COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (NW/4) OF SAID SECTION 24; THENCE NORTH 89°48'45" EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (NW/4) A DISTANCE OF 1,094.09 FEET TO THE POINT OF BEGINNING; THENCE NORTH 60°33'17" EAST 1322.11 FEET; THENCE NORTH 08°42'11" EAST 217.51 FEET; THENCE SOUTH 00°02'33" WEST 1322.23 FEET; THENCE SOUTH 89°48'49" WEST 229.35 FEET TO THE POINT OF BEGINNING. Title Is Vested In: RYAN THOMAS AND CARRIE THOMAS, HUSBAND AND WIFE ASSIGNMENT OF MORTGAGE For Value Received, the undersigned holder of the security instrument described below (herein "Assignor" whose address is 1800 TAPO CANYON ROAD, SIMI VALLEY, CA 93063 does hereby grant, sell, assign, transfer and convey unto LAKEVIEW LOAN SERVICING, LLC whose address is 4425 PONCE DE LEON BLVD, MAILSTOP MISS/2SI CORAL GABLES, FL 33146 all beneficial interest under that certain security instrument described below together with the note(s) and obligations therein described and the money due and to become due thereon with interest and all rights accrued or to accrue under said security instrument. Original Lender: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR QUICKEN LOANS INC. Made By: CAMMIE THOMAS AND RYAN THOMAS, WIFE AND HUSBAND Date of Security Instrument: 11/6/2009 Original Loan Amount: $163,970.00 Recorded in Le Flore County, OK on: 12/2/2009, book 1754, page 820 and instrument number 10274 Property Legal Description: A PART OF THE NORTHWEST QUARTER (NW/4) OF SECTION TWENTY-FOUR (24), TOWNSHIP SIX (6) NORTH, RANGE TWENTY-FIVE (25) EAST OF THE INDIAN BASE AND MERIDIAN, LEFLORE COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (NW/4) OF SAID SECTION 24; THENCE NORTH 89 DEGREES 45'49" EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (NW/4) A DISTANCE OF 1,094.09 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES33'17" EAST 1322.11 FEET; THENCE NORTH 89 DEGREES 42'41" EAST 217.53 FEET; THENCE SOUTH 00 DEGREES02'35" WEST 1322.23 FEET; THENCE SOUTH 89 DEGREES04'54" WEST 229.35 FEET TO THE POINT OF BEGINNING. IN WITNESS WHEREOF, the undersigned has caused this Assignment of Mortgage to be executed on 10/12/2013. BANK OF AMERICA, N.A. By: Carla J. Senteno, Vice President State of California County of Los Angeles On OCT 02 2013 before me, C. Wilson, Notary Public, personally appeared Carla J. Senteno, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) was/were subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/her their authorized capacity(ies), and that by his/her their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public: C. Wilson My Commission Expires: July 1, 2015 Prepared by Janet Jackson Lakeview Loan Servicing, LLC 475 Crosspoint Parkway Getzville, NY 14068 Record & Return to: Ianniello, Anderson, P.C. Attn: Loss Mitigation 805 Route 146 Clifton Park, New York 12065 NO MORTGAGE TAX DUE LeFlore Co. Treasurer 1783 [XAV] deputy [Space Above This Line for Recording Data] Loan No. SUBORDINATE MORTGAGE THIS SUBORDINATE MORTGAGE ("Security Instrument") is given on January 29, 2016 The Mortgagor is CAMMIE THOMAS whose address is 37510 LASSITER ROAD HOWE, OKLAHOMA 74940 ("Borrower"); joined by Non-Obligor Owner/Non Obligor Spouse (signing solely in connection with any interest held in the Property, as defined below): RYAN THOMAS ("Non-Obligor"), residing at 37510 LASSITER ROAD HOWE, OKLAHOMA 74940. This Security Instrument is given to the Secretary of Housing and Urban Development, and whose address is 2488 F. B1" Street, Suite 700, Tulsa, OK 74137 ("Lender"). Borrower owes Lender the principal sum of Forty Three Thousand Two Hundred Ninety Three Dollars and 82/100 (U.S. $43,293.82). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for the full debt, if not paid earlier, due and payable on December 1, 2045. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under Paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, warrant, grant and convey to the Lender, with power of sale the following described property located in County of LEFLORE and State of OKLAHOMA which has the address of 37510 LASSITER ROAD HOWE, OKLAHOMA 74940 as more fully described in the legal property description attached hereto as Schedule A/Exhibit A. TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances or record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant agree as follows: UNIFORM COVENANTS 1. Payment of Principal. Borrower shall pay when due the principal of the debt evidenced by the Note. 2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 3. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. 4. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to: Department of Housing and Urban Development, Attention: Single Family Notes Branch, 2488 E 81st Street, Suite 700, Tulsa, OK 74137 or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 5. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 7. Acceleration; Remedies. Lender shall give notice to Borrower as required by Applicable Law prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 15 days from the date the notice is given to Borrower, by which the default must be cured; (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property; and (e) any other information required by Applicable Law. The notice shall further inform Borrower of the right to remanate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney's fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice in the manner required by Applicable Law to Borrower and any other persons prescribed by Applicable Law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by Applicable Law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under the Paragraph 7 of the Subordinate Note, the Secretary may invoke the non judicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph or applicable law. This deed of trust/mortgage is subordinate only to the deed of trust/mortgage between CANMIE THOMAS AND RYAN THOMAS, WIFE AND HUSBAND [borrower's name], mortgagors and MERS, LLC, as nominee for Quicken Loans, LLC, as Lender, dated 11/06/2009, recorded 12/02/2009 in Book 1754 at Page $20 in the amount of $163,970.00 as assigned and/or modified, if applicable. BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witness by: __________________________ Printed Name __________________________ Printed Name Witness by: __________________________ Printed Name __________________________ Printed Name __________________________ Ryan Thomas RYAN THOMAS - Non-Obligor Cammie Thomas CAMMIE THOMAS - Borrower State of Oklahoma County of LeFlore On the 24th day of June, in the year 2016 before me, the undersigned, personally appeared CAMMIE THOMAS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. [stamp] NOTARY PUBLIC State of Okla LADONNA KILLION Comm. # 00071282 Expires 07-10-2016 [signature] Sadevi Killion Notary Public State of Oklahoma County of LeFlore On the 24th day of June, in the year 2016 before me, the undersigned, personally appeared RYAN THOMAS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. [stamp] NOTARY PUBLIC State of Okla LADONNA KILLION Comm. # 00071282 Expires 07-10-2016 [signature] Sadevi Killion Notary Public Schedule A / Exhibit A The following described real property and premises situate in LEFLORE COUNTY, State of Oklahoma, to wit: A part of the Northwest Quarter of Section 24, Township 6 North, Range 25 East of the Indian Base and Meridian, Leflore county, Oklahoma more particularly described as follows: Commencing at the SW Corner of the Northwest Quarter of said Section 24, thence North 89°45'49" East along the South line of the Northwest Quarter a distance of 1,094.09 feet to the point of beginning, thence North 00°33'17" East 1322.11 feet, thence North 89°42'11" East 217.53' thence South 00°02'33" West 1322.23 feet thence South 89°45'49" West 229.35 feet to the point of beginning. Parcel ID: [redacted] .. . . . WHEREAS, due to a scriveners error the legal description set forth in the Mortgage and the Loan Modification does not accurately describe the real property intended to secure repayment of the underlying indebtedness referenced in said Mortgage and the Loan Modification. A Corrected Mortgage and Loan Modification are being recorded contemporaneously with this document to accurately describe the real property meant to serve as collateral for the Mortgage loan, said property being more particularly described in the Corrected Mortgage and Loan Modification as follows: A part of the Southwest Quarter of the Northwest Quarter (SW/4 NW/4) of Section 24 Township 6 North, Range 25 East of the Indian Base and Meridian, LeFlore County, Oklahoma, more particularly described as follows: Beginning at the Southwest Corner of the Northwest Quarter (NW/4) of said Section 24: Thence North 87 degrees 50 minutes 48 seconds East along the South line of the SW/4 NW/4 a distance of 1094.09 feet; Thence North 01 degrees 21 minutes 44 seconds West a distance of 485.27 feet; thence South 87 degrees 48 minutes 18 seconds West a distance of 675.10 feet; thence South 01 degrees 21 minutes 44 seconds East a distance of 302.77 feet; thence South 87 degrees 50 minutes 48 seconds West a distance of 420.49 feet to a point on the West Line of the SW/4 NW/4; Thence South 01 degrees 50 minutes 00 seconds East along said West line a distance of 182.00 feet to the Point of Beginning (the "Property") WHEREAS, The Mortgage and the Loan Modification that included an incorrect legal description have created a cloud on the title to the property. The Lender has been asked to partially release the lien of the Mortgage and the Loan Modification from said tract in order to clear the cloud on title; THEREFORE, Lender does hereby partially release the lien of the Mortgage and Loan Modification, but only as to the tract mistakenly described in the Mortgage and the Loan Modification, said tract being more fully described below: A part of the Northwest quarter (NW/4) of Section Twenty-four (24), Township Six (6) North, Range Twenty-five (25) East of the Indian Base and Meridian, Leflore County, Oklahoma, more particularly described as follows: Commencing at the Southwest corner of the Northwest quarter (NW/4) of said Section 24; thence North 89°45'49" East along the South line of the Northwest quarter (NW/4) a distance of 1,094.09 feet to the Point of Beginning; thence North 00°33'17" East 1322.11 feet; thence North 89°42'11" East 217.53 feet; thence South 00°02'33" West 1322.23 feet; thence South 89°45'49" West 229.35 feet to the Point of Beginning PROVIDED, that Lender as Mortgagee, retains the lien and priority of the Mortgage and the Mortgage Modification on the Property meant to serve as collateral for the loan and more particularly described in the Corrected Mortgage and Loan Modification filed contemporaneously herein. Executed this 13th day of September, 2019. M & T BANK AS ATTORNEY IN FACT FOR LAKEVIEW LOAN SERVICING, LLC By: ____________________________ Phyllis A. Johnson (Name) Banking Officer (Title) STATE OF NEW YORK ) COUNTY OF ERIE ______ ) ss. BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this 13th day of September, 2019, personally appeared Phyllis A. Johnson, to me known to be the Banking Officer of M & T Bank, attorney in fact for Lakeview Loan Servicing, LLC., who executed the within and foregoing instrument and acknowledged to me that (s)he executed the same in his/her capacity, and that by his/her signature on the instrument, the entity upon behalf of which she/he acted, executed the instrument. Given under my hand and seal of office the day and year last above written. Kimberly Dutchess Notary Public My Commission Expires: 9/12/2020 KIMBERLY DUTCHESS NOTARY PUBLIC STATE OF NEW YORK NIAGARA LIC. #01DU68347858 COMM. EXP. 09/12/2020 Document drafted by and RECORDING REQUESTED BY Paul W. Kucinski, Esq. Manufacturers and Traders Trust Company a/k/a M&T Bank 475 Crosspoint Parkway Getzville, New York 14068 SPACE ABOVE THIS LINE FOR RECORDER'S USE LIMITED POWER OF ATTORNEY Lakeview Loan Servicing, L.L.C., a Delaware limited liability company with offices located at 4425 Ponce de Leon Blvd. MS 5-251, Coral Gables, Florida 33146 ("Lakeview" or "Servicer") by these presents does hereby make, constitute and appoint Manufacturers and Traders Trust Company (a/k/a M&T Bank), a New York state chartered banking corporation with offices located at 475 Crosspoint Parkway, Getzville, New York 14068 ("M&T" or "Sub-servicer"), as its true and lawful attorney-in-fact, and hereby grants it authority and power to take, through its duly authorized officers and designated agents, acting in the name, place and stead of Lakeview for the purposes, and only the purposes, set forth below. This Limited Power of Attorney is given in connection with, and relates solely to that certain Sub-Servicing Agreement by and between Lakeview and M&T dated as of the 1st day of August, 2013, as the same may be restated and amended and relating to the sub-servicing of certain mortgage loans (the "Agreement") the servicing rights to which were acquired by Lakeview (such loans, the "Loans"). Each of the Loans comprises a promissory note evidencing a right to payment and performance secured by a security interest or other lien on real property evidenced by one or more mortgages, deeds of trust, deeds to secure debt and other forms of security instruments (each, a "Mortgage"). The parties agree that this Limited Power of Attorney is coupled with an interest. Now, Therefore, Lakeview does hereby constitute and appoint M&T the true and lawful attorney-in-fact of Lakeview and in Lakeview's name, place and stead with respect to each Loan, whether such Loan is current and performing or such Loan is in a loss mitigation or other workout status, in foreclosure and/or bankruptcy or is classified as real estate owned ("REO") and such Loan is sub-serviced by M&T on behalf of Lakeview pursuant to the Agreement for the following, and only the following purposes: 1. To execute, acknowledge, seal and deliver Mortgage note endorsements, assignments of Mortgages and other recorded documents, satisfactions, releases, re-conveyances of Mortgage, tax and insurance authority notifications and declarations, deeds, including special or warranty deeds as required, bills of sale, and other instruments of sale, conveyance, and transfer, appropriately completed, including deeds-in-lieu of foreclosure or short sale agreements, with all ordinary or necessary endorsements, acknowledgements, affidavits, and supporting documents as may be necessary or appropriate to effect its execution, delivery, conveyance, recordation or filing. 2. To (i) prepare, execute and deliver, on behalf of Lakeview, any and all documents or instruments necessary to maintain the lien on each mortgaged property and related collateral; loan modifications, waivers, consents, amendments, discounted payoff agreements, forbearance agreements, repayment plans, deeds-in-lieu of foreclosure, consents to or with respect to any documents contained in the related servicing file; and any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other instruments comparable to any of the types of instruments described in this clause (i), and (ii) institute and prosecute judicial and non-judicial foreclosures, suits on promissory notes, indemnities, guarantees or other documents, actions for equitable and/or extraordinary relief (including, without limitation, actions for temporary restraining orders, injunctions, and appointment of receivers), and similar actions or suits necessary to enforce or defend Lakeview's rights in its capacity as servicer of a Loan or the Loans, and to appear in and file on behalf of Lakeview such pleadings or documents as may be necessary or advisable in any bankruptcy actions, state or federal suit or any other action related to a Loan. 3. The collection of borrower or account information, perform an escrow analysis, obtain required approvals from mortgage insurers and investors, obtain property valuations, order property inspections, initiate and maintain property preservation activity, and obtain an interest therein and/or improvements thereon, as Lakeview's act and deed, to contract for, purchase, receive and take possession and evidence of title in and to the property and/or to secure payment of a promissory note or performance of any obligation or agreement. 4. To execute and deliver any and all required affidavits, documents or instruments required to be prepared, executed and filed or recorded regarding a Loan, including, but not limited to: affidavits of debt, verification or certification of debt or amounts owed, substitutions of trustee, substitutions of counsel, declaration of military status affidavits, notices of rescission, foreclosure deeds, transfer tax affidavit, affidavits or merit, verification of complaint, notices to quit, bankruptcy declarations for the purpose of filing motions to lift stays and other documents or notice filings on behalf of Lakeview in connections with foreclosure, bankruptcy and eviction actions, proofs of claim, confirmations and reaffirmations. 5. To prepare, execute and deliver any and all documents or perform or direct the performance of any and all acts in connection with any disputes or inquiries relating to the Loans, including, but without limitation, tax, hazard insurance, title insurance, mortgage insurance or guarantee and homeowner association matters. 6. To request (i) missing title insurance policy documentation, and (ii) corrections to incorrect title insurance policy documentation, including, but without limitation, missing or incorrect information relating to loan title insurance policies, short form loan title insurance policies, Schedule A to title insurance policies, Schedule B to title insurance policies, title insurance policy endorsements, and title insurance policy covers. To prepare, submit, track, negotiate and settle title insurance claims. 7. To endorse any checks or instruments that are received by M&T and made payable to Lakeview regarding a Loan. Lakeview further grants to M&T, its attorney-in-fact full authority to act in any manner both proper and necessary to exercise the forgoing powers, and ratifies every act that M&T has lawfully performed or which M&T may lawfully perform in exercising those powers by virtue hereof. Lakeview further grants to M&T the limited power of substitution and revocation of another party for the purpose and only for the purpose of endorsing or assigning notes or Mortgages in Lakeview's name, and hereby ratifies and confirms all that the attorney-in-fact, or its substitute or substitutes, shall lawfully do or cause to be done by authority of this Limited Power of Attorney and the rights and powers granted hereby. M&T shall indemnify, defend and hold harmless Lakeview and its successors and assigns from and against any and all losses, costs, expenses (including, without limitation, actual attorneys' fees), damages, liabilities, demands or claims of any kind whatsoever, ("Claims") arising out of, related to, or in connection with (i) any act taken by M&T (or its substitute or substitutes) pursuant to this Limited Power of Attorney, which act results in a Claim solely by virtue of the unlawful use of, or misuse of, this Limited Power of Attorney (and not as a result of a Claim related to the underlying instrument with respect to which this Limited Power of Attorney has been used), or (ii) any use or misuse of this Limited Power of Attorney in any manner or by any person not expressly authorized hereby. IN WITNESS WHEREOF, Lakeview Loan Servicing, LLC has executed this Limited Power of Attorney on the day of May 23rd, 2019. Witness: Jeffrey T. Fisher, Jr. Witness: Carolina Perez Lakeview Loan Servicing, LLC By: Name: Julio Aldecocega Title: Senior Vice President STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) SS On the 23rd day of May, 2019, before me, Joanna Parker, a notary public within Miami-Dade County, personally appeared Julio Aldecocega, Senior Vice President of Lakeview Loan Servicing, LLC whose address is 4425 Ponce de Leon Blvd, MS S-251, Coral Gables, Florida 33146, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal By: Joanna Parker Notary Public My commission expires: April 5, 2021 CERTIFICATE OF AUTHORITY OF THE MANUFACTURERS AND TRADERS TRUST COMPANY I., Margaret M. Rittling, an Assistant Corporate Secretary of Manufacturers and Traders Trust Company ("M&T Bank"), do hereby certify that the following is an abstract of Article IV, Section 13 of the Bylaws of M&T Bank, which are now in force: "The Chairman of the Board, the Chief Executive Officer, the President, any Executive Vice Chairman, any Vice President, any Assistant Vice President, any Banking Officer, the Corporate Secretary, any Assistant Secretary, and the Treasurer shall each have power and authority: "To sign, countersign, certify, issue, assign, endorse, transfer and/or deliver notes, checks, drafts, bills of exchange, certificates of deposit, acceptances, letters of credit, advices for the transfer or payment of funds, orders for the sale and for delivery of securities, guarantees of signatures, and all other instruments, documents and writings in connection with the business of M&T Bank in its corporate or in any trust or fiduciary capacity; "To sign the name of M&T Bank and affix its seal, or cause the same to be affixed, to deeds, mortgages, satisfactions, assignments, releases, proxies, powers of attorney, trust agreements, and all other instruments, documents or papers necessary for the conduct of the business of M&T Bank, either in its corporate capacity or in any trust or fiduciary capacity; "To endorse, sell, assign, transfer and deliver any stocks, bonds, mortgages, notes, certificates of interest, certificates of indebtedness, certificates of deposit and any evidences of indebtedness or of any rights or privileges which now are or may hereafter be held by or stand in the name of M&T Bank, either in its corporate capacity, or in any fiduciary or trust capacity, and to execute proxies, powers of attorney or other authority with respect thereto; "To accept on behalf of M&T Bank any guardianship, receivership, executorship or any general or special trust specified in the Banking Law of the State of New York; "To authenticate or certificate any bonds, debentures, notes, or other instruments issued under or in connection with any mortgage, deed of trust or other agreement or instrument under which M&T Bank is acting as trustee or in any other fiduciary capacity;" "To sign, execute and deliver certificates, reports, checks, orders, receipts, certificates of deposit, interim certificates, and other documents in connection with its duties and activities as registrar, transfer agent, disbursing agent, fiscal agent, depositary, or in any other corporate fiduciary capacity. "The powers and authority above conferred may at any time be modified, changed, extended or revoked, and may be conferred in whole or in part on other officers and employees by the Board of Directors or the Executive Committee." I further certify that the following individual is a duly elected, qualified, and acting incumbent of the office set forth below: Name Title Phyllis A. Johnson Banking Officer IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of August 2019. Margaret M. Rittling Assistant Corporate Secretary PARTIAL RELEASE OF REAL ESTATE MORTGAGE KNOW ALL MEN BY THESE PRESENTS: WHEREAS, on January 29, 2016, a certain Real Estate Mortgage was executed by Cammie Thomas and Ryan Thomas, wife and husband, to the Secretary of Housing and Urban Development ("HUD") upon the real estate described as follows, to-wit: A part of the Northwest quarter (NW/4) of Section Twenty-four (24), Township Six (6) North, Range Twenty-five (25) East of the Indian Base and Meridian, Leflore County, Oklahoma, more particularly described as follows: Commencing at the Southwest Corner of the Northwest Quarter (NW/4) of said Section 24; thence North 89°45'49" East along the South line of the Northwest quarter (NW/4) a distance of 1,094.09 feet to the Point of Beginning; thence North 00°33'17" East 1322.11 feet; thence North 89°42'11" East 217.53 feet; thence South 00°02'33" West 1322.23 feet; thence South 89°45'49" West 229.35 feet to the Point of Beginning which was recorded on March 14, 2016 in Book 1963 at Page 500 of the records of the LeFlore County Clerk (the "Mortgage"). WHEREAS, due to a scriveners error the legal description set forth in the Mortgage did not accurately describe the real property intended to secure repayment of the underlying indebtedness referenced in said Mortgage. A Corrected Mortgage is therefore being recorded contemporaneously with this document, to accurately describe the real property meant to serve as collateral for the Mortgage loan, said property being more particularly described in the Corrected Mortgage as follows: A part of the Southwest Quarter of the Northwest Quarter (SW/4 NW/4) of Section 24 Township 6 North, Range 25 East of the Indian Base and Meridian, LeFlore County, Oklahoma, more particularly described as follows: Beginning at the Southwest Corner of the Northwest Quarter (NW/4) of said Section 24: Thence North 87 degrees 50 minutes 48 seconds East along the South line of the SW/4 NW/4 a distance of 1094.09 feet; Thence North 01 degrees 21 minutes 44 seconds West a distance of 485.27 feet; thence South 87 degrees 48 minutes 18 seconds West a distance of 675.10 feet; thence South 01 degrees 21 minutes 44 seconds East a distance of 302.77 feet; thence South 87 degrees 50 minutes 48 seconds West a distance of 420.49 feet to a point on the West Line of the SW/4 NW/4; Thence South 01 degrees 50 minutes 00 seconds East along said West line a distance of 182.00 feet to the Point of Beginning (the "Property") WHEREAS, the Mortgage that included an incorrect legal description has created a cloud on the title to the property, and HUD has been asked to partially release the lien of the Mortgage from said tract in order to clear the cloud on title; THEREFORE, HUD does hereby partially release the lien of the Mortgage, but only as to the tract mistakenly described in the Mortgage, said tract being more fully described below: A part of the Northwest quarter (NW/4) of Section Twenty-four (24), Township Six (6) North, Range Twenty-five (25) East of the Indian Base and Meridian, Leflore County, Oklahoma, more particularly described as follows: Commencing at the Southwest corner of the Northwest quarter (NW/4) of said Section 24; thence North 89°45'49" East along the South line of the Northwest quarter (NW/4) a distance of 1,094.09 feet to the Point of Beginning; thence North 00°33'17" East 1322.11 feet; thence North 89°42'11" East 217.53 feet; thence South 00°02'33" West 1322.23 feet; thence South 89°45'49" West 229.35 feet to the Point of Beginning PROVIDED, that HUD as Mortgagee, retains the lien and priority of the Mortgage on the Property meant to serve as collateral for the loan, and more particularly described in the Corrected Mortgage recorded contemporaneously herein. Executed this 30 day of September, 2019. Secretary of Housing and Urban Development By: William Collins (Title) Acting Director STATE OF Oklahoma ) COUNTY OF Oklahoma ) ss. BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this 30 day of September, 2019, personally appeared William Collins, who executed the within and foregoing instrument for and on behalf of the Secretary of Housing and Urban Development. Given under my hand and seal of office the day and year last above written. Leslie Marie Cee Notary Public My Commission Expires: 9/14/2024