david ahlgren v. roger wright

IN THE DISTRICT COURT OF LINCOLN COUNTY STATE OF OKLAHOMA DAVID AHLGREN an individual, Plaintiffs, vs. ROGER WRIGHT and ANDREA WRIGHT, a married couple, LINCOLN COUNTY TREASURER, Defendants. PETITION TO FORECLOSE MORTGAGE LIENS COME NOW, David Ahlgren, an individual, by and through said parties’ attorney JT Stevenson of Jones Property Law, PLLC and for said parties’ action against the above-named Defendants allege and state as follows: JURISDICTION AND VENUE 1. That the Real Property described herein as Tract 1 and Tract 2 (collectively, the “Real Property”) is situated in Lincoln County, State of Oklahoma. 2. That jurisdiction and venue are proper in the District Court of Lincoln County, Oklahoma. FACTS 3. That this action seeks to foreclose two separate real estate mortgage liens arising from two separate and distinct transactions, each involving different real property, separate promissory notes, and separate mortgages, all between the same parties. TRACT 1 4. That on or about January 14, 2019, Defendants Roger Wright and Andrea Wright, for good and valuable consideration, made, executed, and delivered to David Ahlgren a certain written promissory note in the original principal amount of $318,325.00, bearing interest at the rate of eight percent (8%) per annum, which is attached, marked Exhibit A-1, and made a part hereof by reference (the “Tract 1 Note”). Defendants are obligated on the Tract 1 Note. 5. That as part of the same transaction, and to secure the payment of the Tract 1 Note and the indebtedness represented thereby, Roger Wright and Andrea Wright, owners of the real property hereinafter described as Tract 1, made, executed, and delivered to David Ahlgren , the payees of the Tract 1 Note, a real estate mortgage in writing dated January 16, 2019, which is attached, marked Exhibit B-1, and made a part hereof by reference (the “Tract 1 Mortgage”), thereby mortgaging to David Ahlgren the following described real estate situated in Lincoln County, State of Oklahoma: See Exhibit C-1 (Legal Description of Tract 1): with the buildings and improvements and the appurtenances, hereditaments, and all other rights thereunto appertaining or belonging, and all fixtures then or thereafter attached or used in connection with said premises (collectively, “Tract 1”). 6. That the Tract 1 Mortgage was duly executed and acknowledged according to law, the mortgage taxes duly paid thereon, and was recorded on January 16, 2019, in the land records of Lincoln County, Oklahoma, at Book 2319, Page 628. 7. That the Tract 1 Note and Tract 1 Mortgage provide that if default be made in the payment of any of the monthly installments, or on failure or neglect to keep or perform any of the other conditions and covenants of the Tract 1 Note, that the entire principal sum and accrued interest, together with all other sums secured by said Tract 1 Mortgage, shall at once become due and payable, at the option of the holder thereof, and the holder shall be entitled to foreclose the Tract 1 Mortgage and recover the unpaid principal thereon and all expenditures of David Ahlgren made thereunder, with interest thereon, and to have Tract 1 sold and the proceeds applied to the payment of the indebtedness secured thereby, together with all legal and necessary expenses and costs. 8. That default has been made upon the Tract 1 Note and Tract 1 Mortgage in that the installments due on October 1, 2025 in the amount of $2,533.40, November 1, 2025 in the amount of $2,662.60, December 1, 2025 in the amount of $2,662.60, and January 1, 2026 in the amount of $2,662.60 have not been paid. All payments were current prior to October 1, 2025. 9. That on January 5, 2026, David Ahlgren provided Defendants with written notice of default and the right to cure the default on the Tract 1 Note and Tract 1 Mortgage as required by law. The required cure period has expired, and the default has not been cured. TRACT 2 10. That on or about November 26, 2019, Defendants Roger Wright and Andrea Wright, for good and valuable consideration, made, executed, and delivered to David Ahlgren a certain written promissory note in the original principal amount of $174,350.00, bearing interest at the rate of eight percent (8%) per annum, which is attached, marked Exhibit A-2, and made a part hereof by reference (the "Tract 2 Note"). Defendants are obligated on the Tract 2 Note. 11. That as part of the same transaction, and to secure the payment of the Tract 2 Note and the indebtedness represented thereby, Roger Wright and Andrea Wright, owners of the real property hereinafter described as Tract 2, made, executed, and delivered to David Ahlgren , the payees of the Tract 2 Note, a real estate mortgage in writing dated November 26, 2019, which is attached, marked Exhibit B-2, and made a part hereof by reference (the "Tract 2 Mortgage"), thereby mortgaging to David Ahlgren the following described real estate situated in Lincoln County, State of Oklahoma: See Exhibit C-2 (Legal Description of Tract 2); with the buildings and improvements and the appurtenances, hereditaments, and all other rights thereunto appertaining or belonging, and all fixtures then or thereafter attached or used in connection with said premises (collectively, "Tract 2"). 12. That the Tract 2 Mortgage was duly executed and acknowledged according to law, the mortgage taxes duly paid thereon, and was recorded on November 26, 2019, in the land records of Lincoln County, Oklahoma, at Book 2357, Page 519. 13. That the Tract 2 Note and Tract 2 Mortgage provide that if default be made in the payment of any of the monthly installments, or on failure or neglect to keep or perform any of the other conditions and covenants of the Tract 2 Note, that the entire principal sum and accrued interest, together with all other sums secured by said Tract 2 Mortgage, shall at once become due and payable, at the option of the holder thereof, and the holder shall be entitled to foreclose the Tract 2 Mortgage and recover the unpaid principal thereon and all expenditures of David Ahlgren made thereunder, with interest thereon, and to have Tract 2 sold and the proceeds applied to the payment of the indebtedness secured thereby, together with all legal and necessary expenses and costs. 14. That default has been made upon the Tract 2 Note and Tract 2 Mortgage in that the installments due on May 1, 2025 in the amount of $419.00, June 1, 2025 in the amount of $1,683.00, and $1,683.00 each for the dates of July 1, 2025, August 1, 2025, September 1, 2025, October 1, 2025, November 1, 2025, December 1, 2025, and January 1, 2026 have not been paid. 15. That on January 6, 2026, David Ahlgren provided Defendants with written notice of default and the right to cure the default on the Tract 2 Note and Tract 2 Mortgage as required by law. The required cure period has expired, and the default has not been cured. COMMON FACTS APPLICABLE TO BOTH TRANSACTIONS 16. That David Ahlgren were entitled to enforce the Tract 1 Note and Tract 2 Note prior to and are entitled to enforce the Tract 1 Note and Tract 2 Note at and after the filing of this Petition and that David Ahlgren have complied with all of the terms, conditions precedent, and provisions of the Tract 1 Note, Tract 1 Mortgage, Tract 2 Note, and Tract 2 Mortgage and are duly empowered to bring this action. 17. That prior to bringing this action, David Ahlgren have incurred necessary expenses thereof, which charges are a further lien secured by the Tract 1 Mortgage and Tract 2 Mortgage, respectively. 18. That the Tract 1 Note, Tract 1 Mortgage, Tract 2 Note, and Tract 2 Mortgage provide that in case of a foreclosure of the mortgages and as often as any proceedings shall be taken to foreclose the same, the makers will pay the attorney's fees and costs of David Ahlgren as provided therein, and that same shall be a further charge and lien on the Real Property. 19. That the Tract 1 Mortgage and Tract 2 Mortgage provide that appraisement of Tract 1 and Tract 2, respectively, is waived or not waived at the option of David Ahlgren at the time judgment is rendered in any judicial foreclosure. 20. That Defendants Roger Wright and Andrea Wright are the present record owners of Tract 1 and Tract 2. 21. That after allowing all just credits, there is due to David Ahlgren on the Tract 1 Note and Tract 1 Mortgage, as of the date of filing of this Petition, representing past due payments, accrued interest, and other charges, with interest continuing to accrue, for which amounts the Tract 1 Mortgage is a lien upon Tract 1. Similarly, there is due to David Ahlgren on the Tract 2 Note and Tract 2 Mortgage, as of the date of filing of this Petition, representing past due payments, accrued interest, and other charges, with interest continuing to accrue, for which amounts the Tract 2 Mortgage is a lien upon Tract 2. 22. That unless expressly stated otherwise herein, any right, title, or interest claimed by the Defendants is subordinate and inferior to the mortgage liens claimed by David Ahlgren. 23. That the Defendants should be summoned in this case and required to set up in this suit any right, title, or interest claimed in and to Tract 1 and Tract 2 or be forever barred from claiming any right in and to said real estate. 24. Upon information and belief, the Lincoln County Treasurer holds, or may hold, some right, title, interest, lien, claim, or estate in and to the subject properties, or some part thereof, arising from past-due and delinquent ad valorem real property taxes, together with accrued penalties, interest, and costs, pursuant to Oklahoma law (including, without limitation, Title 68 O.S. §§ 2912 et seq. and related provisions governing the assessment, levy, delinquency, and enforcement of real property taxes). Any such delinquent tax lien is superior and paramount in priority to the Petitioner's lien under the seller-financed mortgage and promissory note, as well as to most other encumbrances or interests in the properties. Notwithstanding the superiority of any such tax lien, the existence, validity, amount, and priority thereof shall be subject to adjudication in this proceeding. The Petitioner respectfully requests that the Court: (i) direct the Lincoln County Treasurer to appear and establish by proof the existence, validity, amount, and priority of any delinquent tax claims; (ii) adjudicate and determine the same; (iii) order that any superior tax lien, including penalties, interest, and costs, be fully satisfied and paid from the proceeds of any sheriff's sale or foreclosure judgment herein, or otherwise discharged in accordance with law; and (iv) upon satisfaction of any superior claims, entry of final judgment, and confirmation of sale (if applicable), forever bar, extinguish, quiet, or release any remaining subordinate right, title, interest, claim, or lien of the Lincoln County Treasurer (or any successor in interest) in and to the subject properties, subject only to any statutory rights of redemption or other provisions that may survive under Oklahoma law. WHEREFORE, premises considered, David Ahlgren pray for relief against the Defendants as follows: a) Enter judgment in favor of Petitioner and against the Defendants Roger Wright and Andrea Wright for Tract 1 in the principal sum of $250,881.42, accrued interest of $7,643.22 at the rate of 8% per annum from February 17, 2026 until paid, late charges, attorney fees, costs, and any other amounts due under the Tract 1 Promissory Note and Mortgage, in a total amount of $258,524.64 as of February 17, 2026, plus accruing interest; and for Tract 2 in the principal sum of $157,288.61, accrued interest of $12,583.09 at the rate of 10% per annum from February 17, 2026 until paid, late charges, attorney fees, costs, and any other amounts due under the Tract 2 Promissory Note and Mortgage, in a total amount of $169,871.70 as of February 17, 2026, plus accruing interest. b) Declare the Tract 1 Mortgage a valid first lien on Tract 1 (legal description per Exhibit C-1), and the Tract 2 Mortgage a valid first lien on Tract 2 (legal description per Exhibit C-2), each subject only to any superior liens as determined herein, and foreclose the same according to law. c) Upon information and belief, adjudicate and determine the existence, validity, amount, and priority of any delinquent tax lien or claim held by the Lincoln County Treasurer, including penalties, interest, and costs, which is believed to be superior to Petitioner's Mortgage liens pursuant to Oklahoma law (Title 68 O.S. §§ 2912 et seq.). d) Order the subject properties, or such part thereof as necessary, to be appraised and sold at sheriff's sale under the supervision of this Court, with the proceeds applied as follows: (a) first, to the payment of court costs and sale expenses; (b) second, to the satisfaction of any superior delinquent tax lien, penalties, interest, and costs adjudicated in favor of the Lincoln County Treasurer; (c) third, to the payment of Petitioner's judgments, including principal, interest, fees, and costs; (d) fourth, to any subordinate liens or claims as determined by the Court; and (e) any surplus to the Defendants or as the Court directs. e) If the sale proceeds are insufficient to satisfy Petitioner's judgments after payment of superior claims, enter a deficiency judgment against the Defendants Roger Wright and Andrea Wright for the balance, enforceable by execution. f) Upon confirmation of the sheriff's sale and satisfaction of any superior tax claims, forever bar, enjoin, and quiet the title against all Defendants, including the Lincoln County Treasurer (and any successors), from asserting any further right, title, interest, lien, or claim in the subject properties adverse to the purchaser at sale, subject to any applicable statutory redemption rights. g) Grant such other and further relief as the Court deems just and equitable, including but not limited to reimbursement to Petitioner for any taxes advanced to protect the Mortgage interests. Respectfully submitted, JT Stevenson OBA No. 34320 JONES PROPERTY LAW, PLLC 517 Liberty Lane, Ste. 100 Edmond, OK 73034 (405) 888-2744 [email protected] Attorney for the Plaintiff. STATE OF OKLAHOMA COUNTY OF Williamson I, David Ahlgren, being first duly sworn, state under oath: I am the Plaintiff in the above-entitled action. I have read the foregoing Petition and know the contents thereof. The matters and facts stated in the Petition are true of my own personal knowledge, except those matters stated on information and belief, and as to those matters I believe them to be true. David Ahlgren – Plaintiff Subscribed and sworn to before me this 17th day of February, 2026. Notary Public My Commission Expires: 02/18/2028 Commission No.: 132363262 Christopher Kaoshadima Isibor ID NUMBER 132363262 COMMISSION EXPIRES February 18, 2028 Electronically signed and notarized online using the Proof platform. EXHIBIT A PROMISSORY NOTE Oklahoma County, Oklahoma $318,325.00 January 14, 2019 FOR VALUE RECEIVED, we, Roger Wright and Andrea Wright ("Borrowers") the undersigned promise to pay to David Ahlgren ("Lender"), at 5313 18th Ave S, Gulfport FL 33707, the principal sum of Three Hundred Eighteen Thousand Three Hundred Twenty-Five Dollars and No Cents Dollars ($318,325.00), together with interest from date at the rate of EIGHT AND 00/100ths percent (8%) per annum on the unpaid principal balance until paid. The principal of this Note, shall be due and payable in monthly installments in the sum of $2662.60, with the first payment due February 1, 2019 and a final installment of $2,661.45 on February 1, 2039. Total Amount of Payments: $639,022.85 Total Interest: $320,697.85 All payments on this Note shall be applied first to the payment of accrued interest and the remainder to the reduction of principal. In the event of default in payment of interest on and/or principal of this Note, or in the event of the breach of any covenant contained in the hereinafter referred to Mortgage on the part of the undersigned to be kept, observed or performed, then, the entire principal sum and accrued interest thereon shall at once become due and payable, without notice, at the option of the holder of this Note. Failure to exercise this option shall not constitute a waiver of the right to exercise such option in the event of any subsequent default. This Note is secured by and subject to the terms of a Mortgage made this date by the undersigned to David Ahlgren, on property located in Lincoln County, Oklahoma, and the maturity hereof is subject to acceleration as therein set forth. The liability of the undersigned shall be both joint and several. This Note may be prepaid in whole but not in part at any time without penalty. The maker and each guarantor and endorser hereby waive presentment, demand for payment, protest, notice of non-payment and all exemptions. EXECUTED the date and year first written hereinabove. January 14, 2019 Roger Wright Andrea Wright COUNTY OF OKLAHOMA ) STATE OF Oklahoma ) ss. The foregoing instrument was acknowledged before me this January 14, 2019, by Roger Wright and Andrea Wright Notary Public My Commission Expires: PROMISSORY NOTE Oklahoma County, Oklahoma $174,350.00 November 26, 2019 FOR VALUE RECEIVED, we, Roger Wright and Andrea Wright ("Borrowers") the undersigned promise to pay to David Ahlgren ("Lender"), or the survivor of them, at 5313 18th Ave S, Gulfport FL 33707, the principal sum of One Hundred Seventy-Four Thousand Three Hundred Fifty Dollars and No Cents Dollars ($174,350.00), together with interest from date at the rate of EIGHT AND 00/100ths percent (8%) per annum on the unpaid principal balance until paid. The principal of this Note, shall be due and payable in monthly installments with the first payment due August 1, 2020 in the sum of $1,458.00 until 12/1/2020 then the unpaid balance shall bear the rate of TEN AND 00/ths percent (10%) on the unpaid balance of this note and payments shall be $1,683.00 thereafter, All payments on this Note shall be applied first to the payment of accrued interest and the remainder to the reduction of principal. In the event of default in payment of interest on and/or principal of this Note, or in the event of the breach of any covenant contained in the hereinafter referred to Mortgage on the part of the undersigned to be kept, observed or performed, then, the entire principal sum and accrued interest thereon shall at once become due and payable, without notice, at the option of the holder of this Note. Failure to exercise this option shall not constitute a waiver of the right to exercise such option in the event of any subsequent default. This Note is secured by and subject to the terms of a Mortgage made this date by the undersigned to David Ahlgren, on property located in Lincoln County, Oklahoma, and the maturity hereof is subject to acceleration as therein set forth. The liability of the undersigned shall be both joint and several. This Note may be prepaid in whole but not in part at any time without penalty. The maker and each guarantor and endorser hereby waive presentment, demand for payment, protest, notice of non-payment and all exemptions. EXECUTED the date and year first written herein above. Roger Wright Andrea Wright COUNTY OF OKLAHOMA ) ) ss. STATE OF Oklahoma ) The foregoing instrument was acknowledged before me this 26th day of November, 2019, by Roger Wright and Andrea Wright Sumner McPhaulley Notary Public My Commission Expires: 7/21/20 EXHIBIT B1 After Filing Return To: David Ahlgren, 5313 18th Ave S, Gulfport FL 33707 REAL ESTATE MORTGAGE WITH POWER OF SALE THIS MORTGAGE is made this 8TH DAY OF JANUARY, 2018 and between Roger Wright and Andrea Wright, (hereinafter collectively called the "Mortgagors"), and David Ahlgren and Katelyn Ahlgren (hereinafter called "Mortgagees"). WHEREAS, Mortgagors is indebted to Mortgagees in the principal sum of Three Hundred Eighteen Thousand Three Hundred Twenty-Five and 00/100ths Dollars ($318,325.00 which indebtedness is evidenced by Mortgagors' promissory note of this date herewith (hereinafter called the "Note"), providing for monthly installments of principal and interest beginning February 1, 2019 with the last installment due on or before February 1, 2039. TO SECURE to Mortgagees the repayment of the indebtedness evidenced by the Note, with interest thereon, the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage, and the performance of the covenants and agreements of Mortgagors herein contained, Mortgagors do hereby mortgage, grant and convey to Mortgagees and specifically grant to and confirm upon Mortgagees the power to sell in the manner provided in the "Oklahoma Power of Sale Mortgage Foreclosure Act," 46 O.S. §§40 48, that certain tract of real property located in the County of Lincoln, State of Oklahoma, described as: A PART OF THE NW/4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 2 EAST I.M., LINCOLN COUNTY, OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 19; THENCE S00°14'09"E ALONG THE WEST LINE OF THE NW/4 A DISTANCE OF 1315.68 FEET TO THE NORTHWEST CORNER OF LOT 2 FOR A POINT OF BEGINNING; THENCE N89°42'35"E ALONG THE NORTH LINE OF LOT 2 A DISTANCE OF 1219.63 FEET TO A FOUND PIN AT THE NORTHEAST CORNER OF LOT 2; THENCE S27°21'03"E 72.61 FEET; THENCE S03°11'52"W 542.04 FEET; THENCE S00°17'44"E 727.15 FEET TO THE SOUTH LINE OF THE NW/4; THENCE Initials Roger Wright Andrea Wright FEET TO THE SOUTHWEST CORNER OF THE NW/4; THENCE N00°14'09"W ALONG THE WEST LINE OF THE NW/4 A DISTANCE OF 1315.68 FEET TO THE POINT OF BEGINNING. together with all the improvements now or hereafter erected on the real property, and all easements, rights, appurtenances and all fixtures now or hereafter attached to the real property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said real property, being hereinafter called the "Property". Mortgagors covenants that Mortgagors is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, that the Property is unencumbered, and the Mortgagors will warrant and defend generally the title to the Property against all claims and demands, subject to any leases, declarations, oil and gas leases, easements or restrictions of record. Mortgagors and Mortgagee hereby covenant and agree as follows: 1. Mortgagors shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note. 2. Mortgagors shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage when due, directly to the payee thereof. Upon request, Mortgagors shall promptly furnish to Mortgagee receipts evidencing such payments. Mortgagors shall promptly discharge any lien which has priority over this Mortgage; provided, that Mortgagors shall not be required to discharge any such lien so long as Mortgagors shall in good faith contest such lien by, or defend enforcement of such lien in legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. 3. Mortgagors shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, wind and, hazards included within the term "extended coverage", and such other hazards as Mortgagee may require and in an amount not less than the unpaid principal amount of the Note. All insurance policies and renewals thereof shall include a standard mortgage clause in favor of Mortgagee. In the event of loss, Mortgagors shall give prompt notice to the insurance carrier and Mortgagee. Mortgagee may make proof of loss if not made promptly by Mortgagors. In the event of damage or destruction of the Property, unless Mortgagors and Mortgagee otherwise agree in writing, the insurance proceeds, at the sole option of Mortgagee, shall be applied to the sums secured by this Mortgage, with the excess, if any paid to Mortgagors, or to restoration or repair of the Property damaged. 4. Mortgagors shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property. 5. If Mortgagors fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Mortgagee's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt, then Mortgagee at Mortgagee's option, upon notice to Mortgagors, may make such appearances, disburse such sums and take such action as is necessary to protect Mortgagee's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. 6. Mortgagee may make or cause to be made reasonable entries upon and inspections of the Property, provided that Mortgagee shall give Mortgagors notice prior to any such inspection specifying reasonable cause therefore related to Mortgagee's interest in the Property. 7. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, shall, at Mortgagee's option, be used to restore the Property or to be applied to the sums secured by this Mortgage. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Mortgagors. In the event of a partial taking of the Property, unless Mortgagors and Mortgagee otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking with the balance of the proceeds paid to Mortgagors. 8. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to the respective successors and assigns of Mortgagors and Mortgagee. 9. Except for any notice required under applicable law to be given in another manner, (a) any notice to Mortgagors provided for in this Mortgage shall be given by mailing such notice by certified mail, return receipt requested, addressed to Mortgagors at 13320 Inverness Ave, Oklahoma City, OK 73120, or at such other address as Mortgagee shall be given by certified mail, return receipt requested, and (b) any notice to Mortgagee provided for herein shall be given by mailing such notice by certified mail, return receipt requested, addressed to Mortgagee's address, at 5313 18th Ave S, Gulfport FL 33707, or to such other address as Mortgagee may designate by notice to Mortgagors when given in the manner designated herein. 10. This Mortgage shall be governed by the laws of the State of Oklahoma. 11. Mortgagors may not sell or convey all or any part of the Property or an interest therein without Mortgagee's prior written consent. 12. Upon Mortgagors's breach of any covenant or agreement of Mortgagors in this Mortgage, excepting the covenants to pay when due any sums secured by this Mortgage, Mortgagee prior to acceleration Initials Roger Wright /AFJ/ Andrea Wright shall mail notice to Mortgagors as provided herein specifying: (1) the breach; (2) the action required to cure such breach; (3) a date by which such breach must be cured, which shall be at least 10 days after said notice is received by Mortgagors; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceedings and sale of the Property. If any sum to be paid hereunder or under the Note is not paid on the due date thereof or if a non monetary breach is not cured on or before the date specified in the notice, Mortgagee, at Mortgagee's option, may declare all of the sums under the Note and secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Mortgagee shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorney's fees, and costs of documentary evidence, abstracts and title reports. Mortgagee, as an alternative to judicial foreclosure, may elect to foreclose by power of sale as provided under and pursuant to the Oklahoma Power of Sale Mortgage Foreclosure Act, 46 O.S. § §40-48, and for such purposes Mortgagors authorize Mortgagee or Mortgagee's attorney or agent, and grant to Mortgagee and Mortgagee's attorney or agent the power, to sell and convey the Property to a purchaser and to foreclose all right, title, interest and estate of Mortgagors and all other persons having an interest subject to the lien of this Mortgage in and to the Property. 13. Upon payment of all sums secured by this Mortgage, Mortgagee shall release this Mortgage without charge to Mortgagors. Mortgagors shall pay all costs of recordation, if any. 14. Appraisement of the Property is hereby waived or not waived at Mortgagee's option, which shall be exercised at the time judgment is rendered in any foreclosure hereof EXECUTED the date and year first written hereinabove, January 14, 2019 COUNTY OF OKLAHOMA STATE OF OKLAHOMA The foregoing instrument was acknowledged before me this January 14, 2019, by Roger Wright and Andrea Wright. My Commission Expires: Roger Wright Andrea Wright COUNTY OF OKLAHOMA ) ) STATE OF OKLAHOMA ) ss. ) The foregoing instrument was acknowledged before me this January 14, 2019, by Roger Wright and Andrea Wright. Tamara L. Dean Notary Public My Commission Expires: TAMARA L. DEAN NOTARY # 08003854 EXP. 04/21/20 STATE OF OKLAHOMA PUBLIC Initials Roger Wright Andrea Wright After Filing Return To: David Ahlgren, 5313 18th Ave S, Gulfport FL 33707 REAL ESTATE MORTGAGE WITH POWER OF SALE THIS MORTGAGE is made this 26TH DAY OF NOVEMBER, 2019 and between Roger Wright and Andrea Wright, (hereinafter collectively called the "Mortgagors"), and David Ahlgren and Katelyn Ahlgren (hereinafter called "Mortgagees"). WHEREAS, Mortgagors is indebted to Mortgagees in the principal sum of One Hundred Seventy-Four Thousand Three Hundred Fifty and 00/100ths Dollars ($174,350.00 which indebtedness is evidenced by Mortgagors’ promissory note of this date herewith (hereinafter called the "Note"), providing for monthly installments of principal and interest beginning August 1, 2020 with the last installment due on or before August 1, 2040. TO SECURE to Mortgagees the repayment of the indebtedness evidenced by the Note, with interest thereon, the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage, and the performance of the covenants and agreements of Mortgagors herein contained, Mortgagors do hereby mortgage, grant and convey to Mortgagees and specifically grant to and confirm upon Mortgagees the power to sell in the manner provided in the "Oklahoma Power of Sale Mortgage Foreclosure Act," 46 O.S. §§40 48, that certain tract of real property located in the County of Lincoln, State of Oklahoma, described as: TRACT "C" A PART OF THE NW/4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 2 EAST I.M., LINCOLN COUNTY, OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 19; THENCE S89°52'49"E ALONG THE NORTH LINE OF LOT 1 A DISTANCE OF 1218.29 FEET TO A FOUND PIN AT THE NORTHEAST CORNER OF LOT 1; THENCE S00°17'44"E ALONG THE EAST LINE OF LOT 1 A DISTANCE OF 1306.96 FEET TO A FOUND PIN AT THE SOUTHEAST CORNER OF LOT 1; THENCE S27°21'03"E 72.61 FEET TO THE POINT OF BEGINNING; THENCE N89°22'22"E 1238.32 FEET TO THE EAST LINE OF THE NW/4; THENCE S02°24'10"W ALONG THE EAST LINE OF THE NW/4 A DISTANCE OF 683.12 FEET; THENCE N84°06'59"W 1246.41 FEET; THENCE N03°11'52"E 542.04 FEET TO THE POINT OF BEGINNING. Roger Wright Andrea Wright TRACT "D" A PART OF THE NW/4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 2 EAST I.M., LINCOLN COUNTY, OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 19; THENCE S89°52'49"E ALONG THE NORTH LINE OF LOT 1 A DISTANCE OF 1218.29 FEET TO A FOUND PIN AT THE NORTHEAST CORNER OF LOT 1; THENCE S00°17'44"E ALONG THE EAST LINE OF LOT 1 A DISTANCE OF 1306.96 FEET TO A FOUND PIN AT THE SOUTHEAST CORNER OF LOT 1; THENCE S27°21'03"E 72.61 FEET; S03°11'52"W 542.04 FEET TO THE POINT OF BEGINNING; S84°06'59"E 1246.41 FEET TO THE EAST LINE OF THE NW/4; THENCE S02°24'10"W ALONG THE EAST LINE OF THE NW/4 A DISTANCE OF 610.79 FEET TO A FOUND PIPE AT THE SOUTHEAST CORNER OF THE NW/4; THENCE N89°29'06"W ALONG THE SOUTH LINE OF THE NW/4 A DISTANCE OF 1210.54 FEET; THENCE N00°17'44"W 727.15 FEET TO THE POINT OF BEGINNING. THE BASIS OF BEARING FOR THE DESCRIPTIONS IS THE WEST LINE OF THE NW/4 AS BEING N00°14'09"W (the "Premises"). Less and except a utility and access easement from the north, as noted in survey LS 17-30 by Brent Grounds #1576 signed on 10/22/17 All mortgagees current, future, known and unknown, claim to mineral rights to the land. together with all the improvements now or hereafter erected on the real property, and all easements, rights, appurtenances and all fixtures now or hereafter attached to the real property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said real property, being hereinafter called the "Property". Mortgagors covenants that Mortgagors is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, that the Property is unencumbered, and the Mortgagors will warrant and defend generally the title to the Property against all claims and demands, subject to any leases, declarations, oil and gas leases, easements or restrictions of record. Mortgagors and Mortgagees hereby covenant and agree as follows: 1. Mortgagors shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note. 2. Mortgagors shall pay all taxes, assessments and other charges, fines and impositions Roger Wright Andrea Wright attributable to the Property which may attain a priority over this Mortgage when due, directly to the payee thereof. Upon request, Mortgagors shall promptly furnish to Mortgagees receipts evidencing such payments. Mortgagors shall promptly discharge any lien which has priority over this Mortgage; provided, that Mortgagors shall not be required to discharge any such lien so long as Mortgagors shall in good faith contest such lien by, or defend enforcement of such lien in legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. 3. Mortgagors shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, wind and, hazards included within the term "extended coverage", and such other hazards as Mortgagees may require and in an amount not less than the unpaid principal amount of the Note. All insurance policies and renewals thereof shall include a standard mortgage clause in favor of Mortgagees. In the event of loss, Mortgagors shall give prompt notice to the insurance carrier and Mortgagees. Mortgagees may make proof of loss if not made promptly by Mortgagors. In the event of damage or destruction of the Property, unless Mortgagors and Mortgagees otherwise agree in writing, the insurance proceeds, at the sole option of Mortgagees, shall be applied to the sums secured by this Mortgage, with the excess, if any paid to Mortgagors, or to restoration or repair of the Property damaged. 4. Mortgagors shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property. 5. If Mortgagors fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Mortgagees' interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt, then Mortgagees at Mortgagees' option, upon notice to Mortgagors, may make such appearances, disburse such sums and take such action as is necessary to protect Mortgagees' interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. 6. Mortgagees may make or cause to be made reasonable entries upon and inspections of the Property, provided that Mortgagees shall give Mortgagors notice prior to any such inspection specifying reasonable cause therefore related to Mortgagees' interest in the Property. 7. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, shall, at Mortgagees' option, be used to restore the Property or to be applied to the sums secured by this Mortgage. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Mortgagors. In the event of a partial taking of the Property, unless Mortgagors and Mortgagees otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking with the balance of the proceeds paid to Mortgagors. 8. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to the respective successors and assigns of Mortgagors and Mortgagees. 9. Except for any notice required under applicable law to be given in another manner, (a) any notice to Mortgagors provided for in this Mortgage shall be given by mailing such notice by certified mail, return receipt requested, addressed to Mortgagors at 800252 S 3290 rd, Wellston ok 74881, or at such other address as Mortgagees shall be given by certified mail, return receipt requested, and (b) any notice to Mortgagees provided for herein shall be given by mailing such notice by certified mail, return receipt requested, addressed to Mortgagees' address, at 5313 18th Ave S, Gulfport FL 33707, or to such other address as Mortgagees may designate by notice to Mortgagors when given in the manner designated herein. 10. This Mortgage shall be governed by the laws of the State of Oklahoma. 11. Mortgagors may not sell or convey all or any part of the Property or an interest therein without Mortgagees' prior written consent. 12. Upon Mortgagors' breach of any covenant or agreement of Mortgagors in this Mortgage, excepting the covenants to pay when due any sums secured by this Mortgage, Mortgagees prior to acceleration shall mail notice to Mortgagors as provided herein specifying: (1) the breach; (2) the action required to cure such breach; (3) a date by which such breach must be cured, which shall be at least 10 days after said notice is received by Mortgagors; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceedings and sale of the Property. If any sum to be paid hereunder or under the Note is not paid on the due date thereof or if a non monetary breach is not cured on or before the date specified in the notice, Mortgagees, at Mortgagees' option, may declare all of the sums under the Note and secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Mortgagees shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorney's fees, and costs of documentary evidence, abstracts and title reports. Mortgagees, as an alternative to judicial foreclosure, may elect to foreclose by power of sale as provided under and pursuant to the Oklahoma Power of Sale Mortgage Foreclosure Act, 46 O.S. §§ 40-48, and for such purposes Mortgagors authorize Mortgagees or Mortgagees' attorney or agent, and grant to Mortgagees and Mortgagees' attorney or agent the power, to sell and convey the Property to a purchaser and to foreclose all right, title, interest and estate of Mortgagors and all other persons having an interest subject to the lien of this Mortgage in and to the Property. 13. Upon payment of all sums secured by this Mortgage, Mortgagees shall release this Mortgage without charge to Mortgagors. Mortgagors shall pay all costs of recordation, if any. 14. Appraisement of the Property is hereby waived or not waived at Mortgagees' option, which shall be exercised at the time judgment is rendered in any foreclosure hereof EXECUTED the date and year first written hereinabove. Roger Wright Andrea Wright STATE OF OKLAHOMA ) ) ss. COUNTY OF Oklahoma ) The foregoing instrument was acknowledged before me this 1/20/19 by Roger Wright and Andrea Wright Notary Public My Commission Expires: 7/2/22 Roger Wright Andrea Wright EXHIBIT C1 WARRANTY DEED KNOW all men by these presents that David Ahlgren and Katelyn Ahlgren a married couple parties of the first part, of 5313 18th Ave S, Gulfport FL 33707 in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable considerations in hand paid, the receipt of which is hereby acknowledged, do Convey and Quitclaim to Roger Wright and Andrea Wright a married couple, all of the parties of the first part's right, title and interest in and to the following described real property situated in Lincoln County, State of Oklahoma: SURFACE INTEREST ONLY in: A PART OF THE NW/4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 2 EAST I.M., LINCOLN COUNTY, OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 19; THENCE S00°14'09"E ALONG THE WEST LINE OF THE NW/4 A DISTANCE OF 1315.68 FEET TO THE NORTHWEST CORNER OF LOT 2 FOR A POINT OF BEGINNING; THENCE N89°42'35"E ALONG THE NORTH LINE OF LOT 2 A DISTANCE OF 1219.63 FEET TO A FOUND PIN AT THE NORTHEAST CORNER OF LOT 2; THENCE S27°21'03"E 72.61 FEET; THENCE S03°11'52"W 542.04 FEET; THENCE S00°17'44"E 727.15 FEET TO THE SOUTH LINE OF THE NW/4; THENCE N89°29'06"W ALONG THE SOUTH LINE OF THE NW/4 A DISTANCE OF 1221.12 FEET TO THE SOUTHWEST CORNER OF THE NW/4; THENCE N00°14'09"W ALONG THE WEST LINE OF THE NW/4 A DISTANCE OF 1315.68 FEET TO THE POINT OF BEGINNING. Address: 800252 S. 3290 Rd. Wellston Ok 74881 together with all the improvements thereon and the appurtenances thereunto belonging, and warrant the title to the same. TO HAVE AND TO HOLD said premises Grantees, Their heirs and assigns, forever, free, clear, and discharged of, and from, all former grants, charges, taxes, judgments, mortgages, and other liens and encumbrances of whatsoever nature, Except covenants, conditions, easements, restrictions and mineral conveyances of record. This deed conveys no oil, gas or other minerals. Signed and delivered on 1/12/19 David Ahlgren Katelyn Ahlgren STATE OF FLORIDA COUNTY OF Pinellas Before me, a Notary Public, in and for said State, on January 12, 2019, personally appeared David Ahlgren and Katelyn Ahlgren to me known (or established on the basis of satisfactory evidence) to be the identical persons who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. WITNESS my hand and official seal. NOTARY PUBLIC: Eric Shepherd My Commission Expires: Aug 1, 2021 KNOW all men by these presents that David Ahlgren and Katelyn Ahlgren a married couple parties of the first part, of 5313 18th Ave S, Gulfport FL 33707 in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable considerations in hand paid, the receipt of which is hereby acknowledged, do Convey and Quitclaim to Roger Wright and Andrea Wright a married couple, all of the parties of the first part's right, title and interest in and to the following described real property situated in Lincoln County, State of Oklahoma: SURFACE INTEREST ONLY in: TRACT "C" A PART OF THE NW/4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 2 EAST I.M., LINCOLN COUNTY, OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 19; THENCE S89°52'49"E ALONG THE NORTH LINE OF LOT 1 A DISTANCE OF 1218.29 FEET TO A FOUND PIN AT THE NORTHEAST CORNER OF LOT 1; THENCE S00°17'44"E ALONG THE EAST LINE OF LOT 1 A DISTANCE OF 1306.96 FEET TO A FOUND PIN AT THE SOUTHEAST CORNER OF LOT 1; THENCE S27°21'03"E 72.61 FEET TO THE POINT OF BEGINNING; THENCE N89°22'22"E 1238.32 FEET TO THE EAST LINE OF THE NW/4; THENCE S02°24'10"W ALONG THE EAST LINE OF THE NW/4 A DISTANCE OF 683.12 FEET; THENCE N84°06'59"W 1246.41 FEET; THENCE N03°11'52"E 542.04 FEET TO THE POINT OF BEGINNING. TRACT "D" A PART OF THE NW/4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 2 EAST I.M., LINCOLN COUNTY, OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 19; THENCE S89°52'49"E ALONG THE NORTH LINE OF LOT 1 A DISTANCE OF 1218.29 FEET TO A FOUND PIN AT THE NORTHEAST CORNER OF LOT 1; THENCE S00°17'44"E ALONG THE EAST LINE OF LOT 1 A DISTANCE OF 1306.96 FEET TO A FOUND PIN AT THE SOUTHEAST CORNER OF LOT 1; THENCE S27°21'03"E 72.61 FEET; S03°11'52"W 542.04 FEET TO THE POINT OF BEGINNING; S84°06'59"E 1246.41 FEET TO THE EAST LINE OF THE NW/4; THENCE S02°24'10"W ALONG THE EAST LINE OF THE NW/4 A DISTANCE OF 610.79 FEET TO A FOUND PIPE AT THE SOUTHEAST CORNER OF THE NW/4; THENCE N89°29'06"W ALONG THE SOUTH LINE OF THE NW/4 A DISTANCE OF 1210.54 FEET; THENCE N00°17'44"W 727.15 FEET TO THE POINT OF BEGINNING. THE BASIS OF BEARING FOR THE DESCRIPTIONS IS THE WEST LINE OF THE NW/4 AS BEING N00°14'09"W (the "Premises"). Land together with all the improvements thereon and the appurtenances thereunto belonging, and warrant the title to the same. TO HAVE AND TO HOLD said premises Grantees, Their heirs and assigns, forever, free, clear, and discharged of, and from, all former grants, charges, taxes, judgments, mortgages, and other liens and encumbrances of whatsoever nature. Except covenants, conditions, easements, restrictions and mineral conveyances of record. This deed conveys no oil, gas or other minerals. Signed and delivered on Nov 27, 2019 David Ahlgren Katelyn Ahlgren STATE OF FLORIDA ) COUNTY OF Pinellas ) ss. Before me, a Notary Public, in and for said State, on November 27, 2019, personally appeared David Ahlgren and Katelyn Ahlgren to me known (or established on the basis of satisfactory evidence) to be the identical persons who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. WITNESS my hand and official seal. NOTARY PUBLIC, My Commission Expires: Augt 1, 2021