Planet Home Lending, LLC v. Lauren Alexis Ballard

IN THE DISTRICT COURT IN AND FOR CANADIAN COUNTY STATE OF OKLAHOMA PLANET HOME LENDING, LLC; ) ) ) Plaintiff, ) vs. ) LAUREN ALEXIS BALLARD; ) SPOUSE OF LAUREN ALEXIS BALLARD, IF MARRIED; ) COLBY RYAN FOSHEE; ) SPOUSE OF COLBY RYAN FOSHEE, IF MARRIED; ) OCCUPANTS OF THE PREMISES; ) UNITED STATES OF AMERICA, EX REL. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; ) CASTLEWOOD TRAILS HOME OWNERS ASSOCIATION, INC.; ) STATE OF OKLAHOMA, EX REL. OKLAHOMA TAX COMMISSION; ) Defendants. Case No. CJ-2026-757 Judge PAUL HESSE PETITION FOR FORECLOSURE OF MORTGAGE COMES NOW the Plaintiff and for 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 April 13, 2018, the Defendants, Lauren Alexis Ballard and Colby Ryan Foshee, for good and valuable consideration, made, executed and delivered to 1st Capital Mortgage LLC, a certain promissory note, in writing, promising and agreeing to pay to the holder thereof, the sum of $167,902.00 with interest thereon at the initial rate of 5.125% per annum on the unpaid balance, payable in monthly installments of $914.20, 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 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 makers of said note, 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 1st Capital Mortgage LLC, a real estate purchase money mortgage, encumbering the following real property, to-wit: Lot Five (5), Block Seven (7), CASTLEWOOD TRAILS ADDITION SECTION 2, an Addition to the City of Oklahoma City, Canadian County, Oklahoma, according to the recorded plat thereof, commonly known as 3504 Slate River Drive, Oklahoma City, OK 73099 (the "Property") That said purchase money 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 April 17, 2018, in Book No. 4725, at Page 28 and a Loan Modification Agreement recorded on September 13, 2022, in Book No. 5574, at Page 1034 and another Loan Modification Agreement recorded on August 7, 2024, in Book No. 5883, at Page 201. 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 copies of said loan modification agreements are attached hereto, marked Exhibits "C" and "D" 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. 5. 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 5440 at Page 757. A copy of said assignment of mortgage is attached hereto, marked Exhibit "E" and incorporated herein by reference. 6. 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. 7. 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. 8. Plaintiff further states that said payment was due, according to the terms of said Note on August 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 $163,091.23 with accrued interest thereon, plus interest accruing at the rate of 7.375% per annum from July 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. 9. 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. 10. 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. 11. That after allowing all just credits, there is due to Plaintiff on said Note and Mortgage the sum of $163,091.23, with accrued interest thereon, plus interest accruing at the rate of 7.375% per annum from July 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. 12. That the Defendant, Spouse of Lauren Alexis Ballard, if married, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, Spouse of Lauren Alexis Ballard, if married, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, Spouse of Lauren Alexis Ballard, if married, 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. 13. That the Defendant, Spouse of Colby Ryan Foshee, if married, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, Spouse of Colby Ryan Foshee, if married, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, Spouse of Colby Ryan Foshee, if married, 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. 14. 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. 14. 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 two mortgages and a subordination agreement. 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 mortgages and subordination agreement are attached hereto, marked Exhibit "F", "G" and "H", and incorporated herein by reference. 15. That the Defendant, Castlewood Trails Home Owners Association, Inc., 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 homeowner's association lien. Plaintiff states, however, that any right, title, or interest claimed by said Defendant, Castlewood Trails Home Owners Association, Inc., is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, Castlewood Trails Home Owners Association, Inc., 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. A copy of said lien is attached hereto, marked Exhibit "I", and incorporated herein by reference. 16. That the Defendant, State of Oklahoma, ex rel. Oklahoma Tax Commission, 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 the following tax warrant: #443904000 filed on 08/16/22 $2,730.51 Plaintiff states, however, that any right, title, or interest claimed by said Defendant, State of Oklahoma, ex rel. Oklahoma Tax Commission, is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and this Plaintiff prays to the Court that the said Defendant, State of Oklahoma, ex rel. Oklahoma Tax Commission, 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. A copy of said warrant is attached hereto, marked Exhibit "J", 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 Defendants, Lauren Alexis Ballard and Colby Ryan Foshee, in the amount of $163,091.23 with accrued interest thereon, plus interest accruing at the rate of 7.375% per annum from July 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: Ger'Kayla Tunley Ger'Kayla Tunley, OBA #36283 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 ) ) ss. COUNTY OF TULSA ) Ger'Kayla Tunley, 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: Ger'Kayla Tunley Date: 2-19-2026 Title: Attorney Ger'Kayla Tunley, OBA #36283 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 19 day of Feb., 2026, by Ger'Kayla Tunley. MELISSA D. SAVINO NOTARY PUBLIC Loan Number: NOTE FHA Case Number: Multistate April 13, 2018 [Date] OKLAHOMA CITY, OKLAHOMA [City, State] 3504 SLATE RIVER DRIVE OKLAHOMA CITY, OKLAHOMA 73099 [property address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $167,902.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is 1ST CAPITAL MORTGAGE LLC. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay Interest at a yearly rate of 5.125%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on June 1, 2018. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest and other items in the order described in the Security Instrument before Principal. If, on May 1, 2048, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 1ST CAPITAL MORTGAGE LLC 13720 E 86TH STREET NORTH, STE 180 OWASSO, OKLAHOMA 74055 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $914.20. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to any accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. 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. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I 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 the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: 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 this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 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 given in accordance with Section 14 within which Borrower must pay all sums MULTISTATE FHA Fixed Rate Note Page 2 of 3 1/2015-b Borrower(s) Initials secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. [Signature] LAUREN ALEXIS BALLARD (Seal) -Borrower [Signature] COLBY RYAN FOSHEE (Seal) -Borrower {Sign Original Only} Loan originator (Organization): IST CAPITAL MORTGAGE LLC; NMLS #________ Loan originator (Individual): KIMBERLY FAULKNER; NMLS #:________ Allonge To Note Loan # Attached to Promissory Note Dated: April 13, 2018 Borrower Name (s): Lauren Alexis Ballard Colby Ryan Foshee Property Address: 3504 Slate River Drive Oklahoma City, Oklahoma 73099 Loan Amount: $167,902.00 Without Recourse Pay to the order of: Planet Home Lending, LLC By: Ron Dunaway Its: Managing Member 1st Capital Mortgage LLC EXHIBIT A ALLONGE TO NOTE DATE OF NOTE: 4/13/2018 MORTGAGOR(S): LAUREN ALEXIS BALLARD COLBY RYAN FOSHEE PROPERTY ADDRESS: 3504 Slate River Dr, Yukon, OK 73099-3572 LOAN AMOUNT: $167902.00 LOAN NUMBER: Pay to the order of Without Recourse Planet Home Lending, LLC Todd Goodhart, Collateral Document Manager EXHIBIT A Filed: 04-17-2018 10:08:45 AM Doc Number: R 2018 10034 Book: RB 4725 Page:28 Ret: First American Title 153 N.W. 8th St. Oklahoma City, OK 73102 WHEN RECORDER AVAILABLE: IST CAPITAL MORTGAGE LLC 13720 E 86TH STREET NORTH, STE 180 OWASSO, OKLAHOMA 74055 This instrument was prepared by: IST CAPITAL MORTGAGE LLC 13720 E 86TH STREET NORTH, STE 180 OWASSO, OKLAHOMA 74055 Real Estate Mtg. $ 168.00 Paid Apr 17, 2018 Receipt No. 6592 Canadian Co. Treasurer By Deanie Cash Treasurer Deputy MORTGAGE FHA Case Number: MIN: SIS Telephone #: DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17, 19 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 15. (A) "Security Instrument" means this document, which is dated April 13, 2018, together with all Riders to this document. (B) "Borrower" is LAUREN ALEXIS BALLARD, A SINGLE PERSON AND COLBY RYAN FOSHEE, A SINGLE PERSON. Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Plano, MI 48501-2026, tel. ________ (D) "Lender" is IST CAPITAL MORTGAGE LLC, organized and existing under the laws of OKLAHOMA. Lender's address is 13720 E 86TH STREET NORTH, STE 180, OWASSO, OKLAHOMA 74055. (E) "Note" means the promissory note signed by Borrower and dated April 13, 2018. The Note states that Borrower owes Lender ONE HUNDRED SIXTY-SEVEN THOUSAND NINE HUNDRED TWO AND NO/100 Dollars (U.S. $167,902.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 1, 2048. (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): Adjustable Rate Rider [ ] Condominium Rider ☑ Planned Unit Development Rider Other(s) (specify): ____________ (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Secretary" means the Secretary of the United States Department of Housing and Urban Development or his designee. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) 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 the County of CANADIAN: SEE ATTACHED EXHIBIT "A" Parcel ID Number: [REDACTED] which currently has the address of: 3504 SLATE RIVER DRIVE OKLAHOMA CITY, OKLAHOMA 73099 ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, 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 and 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. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 14. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: First, to the Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly mortgage insurance premiums; 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. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note 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 this Security Instrument 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 Section 5; and (d) Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly Mortgage Insurance premiums. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. 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 this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. 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 Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 14 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. 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. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to 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 this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. 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, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; 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 can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument 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 this requirement shall cause undue hardship for the Borrower or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. If condemnation proceeds are paid in connection with the taking of the property, Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts, and then to payment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments or change the amount of such payments. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender’s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to 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 any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender’s acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 12. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower’s obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a “co-signer”): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer’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 can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer’s consent. Subject to the provisions of Section 17, any Successor in Interest of Borrower who assumes Borrower’s obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower’s rights and benefits under this Security Instrument. Borrower shall not be released from Borrower’s obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 19) and benefit the successors and assigns of Lender. 13. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower’s default, for the purpose of protecting Lender’s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys’ fees, property inspection and valuation fees. Lender may collect fees and charges authorized by the Secretary. Lender may not charge fees that are expressly prohibited by this Security instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment with no changes in the due date or in the monthly payment amount unless the Note holder agrees in writing to those changes. Borrower’s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 14. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Except as otherwise required by Applicable Law, any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower’s notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower’s change of address. If Lender specifies a procedure for reporting Borrower’s change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender’s address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 15. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. 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. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 16. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 17, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. 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 this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 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 given in accordance with Section 14 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstatement After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to reinstatement of a mortgage. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. However, Lender is not required to reinstate if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceedings; (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. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 17. 19. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 14) of such alleged breach and afforded the other party hereof a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 17 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 19. 20. Borrower Not Third-Party Beneficiary to Contract of Insurance. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower acknowledges and agrees that the Borrower is not a third party beneficiary to the contract of insurance between the Secretary and Lender; nor is Borrower entitled to enforce any agreement between Lender and the Secretary, unless explicitly authorized to do so by Applicable Law. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes 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; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. 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 (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) 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, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. 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 17 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the actions required to cure the default; (c) a date, not less than 35 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 reinstate 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 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. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs unless Applicable Law provides otherwise. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waiver of Appraisement. Appraisement 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. 25. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of Maximum allowed by the Secretary of HUD. 26. Notice of Power of Sale. 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 and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: [signature] [Witness] LAUREN ALEXIS BALLARD (Seal) -Borrower [signature] [Witness] COLBY RYAN FOSHEE (Seal) -Borrower STATE OF OKLAHOMA, CLEVELAND County ss: The foregoing instrument was acknowledged before me this 13th day of April , 2018 by LAUREN ALEXIS BALLARD, A SINGLE PERSON AND COLBY RYAN POSHEE, A SINGLE PERSON. Witness my hand and official seal. My Commission Expires: 05/16/19 (Seal) NACUE Public Laura McDill Loan originator (organization): 1ST CAPITAL MORTGAGE LLC; NMLS #: [REDACTED] Loan originator (individual): KIMBERLY FAULKNER; NMLS #: [REDACTED] FHA PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 13th day of April, 2018, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note ("Note") to 1ST CAPITAL MORTGAGE LLC ("Lender") of the same date and covering the Property described in the Security Instrument and located at: 3504 SLATE RIVER DRIVE OKLAHOMA CITY, OKLAHOMA 73099 [Property Address]. The Property Address is a part of a planned unit development ("PUD") known as CASTLEWOOD TRAILS (Name of Planned Unit Development). PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. So long as the Owners Association (or equivalent entity holding title to common areas and facilities), acting as trustee for the homeowners, maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the property located in the PUD, including all improvements now existing or hereafter erected on the mortgaged premises, and such policy is satisfactory to Lender and provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and other hazards included within the term "extended coverage," and loss by flood, to the extent required by the Secretary, then: (i) Lender waives the provision in Paragraph 3 of this Security Instrument for the monthly payment to Lender of one-twelfth of the yearly premium installments for hazard insurance on the Property, and (ii) Borrower's obligation under Paragraph 5 of this Security Instrument to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy, Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage and of any loss occurring from a hazard. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by this Security Instrument, with any excess paid to the entity legally entitled thereto. B. Borrower promises to pay all dues and assessments imposed pursuant to the legal instruments creating and governing the PUD. C. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph C shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this PUD Rider. [Signature] LAUREN ALEXIS BALLARD - Borrower (Seal) [Signature] COLBY RYAN FOSHEE - Borrower (Seal) EXHIBIT 'A' File No.: ________ Property: 3504 Slate River Drive, Yukon, OK 73099 Lot Five (5), Block Seven (7), CASTLEWOOD TRAILS ADDITION SECTION 2, an Addition to the City of Oklahoma City, Canadian County, Oklahoma, according to the recorded plat thereof. A.P.N. ________ CHF LAB This Document Prepared By: LUANN GRIFFIN PLANET HOME LENDING, LLC 321 RESEARCH PARKWAY, SUITE 303 MERIDEN, CT 06450 When Recorded Mail To: FIRST AMERICAN MORTGAGE SOLUTIONS FAMS - DTO RECORDING 3 FIRST AMERICAN WAY SANTA ANA, CA 92707 Tax/Parcel #: ____________________________ [Space Above This Line for Recording Data] ____________________________ Original Principal Amount: $167,902.00 FHA/VA Case No.: ______________________ Unpaid Principal Amount: $163,148.76 Loan No.: ____________________________ New Principal Amount: $155,265.65 Capitalization Amount: $0.00 Property Address: 3504 SLATE RIVER DRIVE, YUKON, OKLAHOMA 73099 LOAN MODIFICATION AGREEMENT (MORTGAGE) This Loan Modification Agreement ("Agreement"), made this 21ST day of JUNE, 2022, between LAUREN ALEXIS BALLARD, A SINGLE PERSON AND COLBY RYAN FOSHREE, A SINGLE PERSON ("Borrower"), whose address is 3504 SLATE RIVER DRIVE, YUKON, OKLAHOMA 73099 and PLANET HOME LENDING, LLC ("Lender"), whose address is 321 RESEARCH PARKWAY, SUITE 303, MERIDEN, CT 06450, amends and supplements (1) the Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated APRIL 13, 2018 and recorded on APRIL 17, 2018 in INSTRUMENT NO. R 2018 10034 BOOK RB 4725 PAGE 0028, of the OFFICIAL Records of CANADIAN COUNTY, 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 3504 SLATE RIVER DRIVE, YUKON, OKLAHOMA 73099 (Property Address) the real property described being set forth as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: SEE ATTACHED EXHIBIT "B" FOR MORTGAGE SCHEDULE 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): 1. As of, JULY 1, 2022 the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $153,965.65, consisting of the amount(s) loaned to Borrower by Lender, plus capitalized interest and other amounts capitalized, which is limited to escrows, and any legal fees and related foreclosure costs that may have been accrued for work completed, in the amount of U.S. $0.00. 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 at the yearly rate of 5.7500%, from JULY 1, 2022. The Borrower promises to make monthly payments of principal and interest of U.S. $830.59, beginning on the 1ST day of AUGUST, 2022, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. If on JULY 1, 2063 (the "Maturity Date"), the Borrower still owes amounts under the Note and the 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; and (b) all terms and provisions of any adjustable rate rider, 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. If the Borrower has, since inception of this loan but prior to this Agreement, received a discharge in a Chapter 7 bankruptcy, and there having been no valid reaffirmation of the underlying debt, by entering into this Agreement, the Lender is not attempting to re-establish any personal liability for the underlying debt. 6. 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. Except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and comply with, all of the terms and provisions thereof, as amended by this Agreement. 7. Borrower agrees to make and execute other documents or papers as may be necessary 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. In Witness Whereof, I have executed this Agreement. Borrower: LAUREN ALEXIS BALLARD Date 8/12/22 Borrower: COLBY RYAN FOSHEE Date 8/2/22 [Space Below This Line for Acknowledgments] BORROWER ACKNOWLEDGMENT STATE OF OKLAHOMA COUNTY OF Canadian The instrument was acknowledged before me this And of August 2022 by LAUREN ALEXIS BALLARD, COLBY RYAN FOSHEE Kimberly Johnson Notary Public Printed Name: Kimberly Johnson. My Commission expires: 6/14/2024 In Witness Whereof, the Lender has executed this Agreement. PLANET HOME LENDING, LLC By MICHAEL MCARTHUR NMLS#__________ Assistant Secretary (print name) Date __________________________ [Space Below This Line for Acknowledgments] Acknowledgment for Corporation State of CONNECTICUT County of NEW HAVEN On this the 8th day of August, 2022, before me, a Notary Public, personally appeared MICHAEL MCARTHUR NMLS#1626498 (Name of Officer) who acknowledged himself/herself to be the ASSISTANT SECRETARY (Title of Officer) of PLANET HOME LENDING, LLC (Name of Corporation), a corporation, and that he/she, as such ASSISTANT SECRETARY (Title of Officer), being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as ASSISTANT SECRETARY (Title of Officer). In witness whereof I hereunto set my hand. Notary Public Printed Name: __________________________ My Commission Expires: ____________________ CARRIE M. PAPPAS NOTARY PUBLIC State of Connecticut My Commission Expires January 31, 2023 EXHIBIT A BORROWER(S): LAUREN ALEXIS BALLARD, A SINGLE PERSON AND COLBY RYAN FOSHEE, A SINGLE PERSON LOAN NUMBER: [REDACTED] LEGAL DESCRIPTION: The land referred to in this document is situated in the CITY OF YUKON, COUNTY OF CANADIAN, STATE OF OKLAHOMA, and described as follows: LOT FIVE (5), BLOCK SEVEN (7), CASTLEWOOD TRAILS ADDITION SECTION 2, AN ADDITION TO THE CITY OF YUKON, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. ALSO KNOWN AS: 3504 SLATE RIVER DRIVE, YUKON, OKLAHOMA 73099 EXHIBIT B MORTGAGE SCHEDULE Mortgage made by LAUREN ALEXIS BALLARD, A SINGLE PERSON AND COLBY RYAN POSHEE, A SINGLE PERSON made to "MERS" MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR 1ST CAPITAL MORTGAGE LLC for $167,902.85 and interest, dated APRIL 13, 2018 and recorded on APRIL 17, 2018 in INSTRUMENT NO. R 2018 10034 BOOK RB 4725 PAGE 0028. This mortgage was assigned from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS MORTGAGEE, AS NOMINEE FOR 1ST CAPITAL MORTGAGE LLC, ITS SUCCESSORS AND ASSIGNS (assignor), made to PLANET HOME LENDING, LLC, ITS SUCCESSORS AND ASSIGNS (assignee), by assignment of mortgage dated JANUARY 17, 2023 and recorded on JANUARY 18, 2023 in INSTRUMENT NO. R 2023 1825 BOOK RB 5440 PAGE 757. Filed: 08-07-2024 10:20:53 AM Doc Number: R 2024 18610 Book: RB 5883 Page:201 Real Estate Mig Tax: $8.90 Paid: 08-07-2024 Receipt No. 882 By: Tabitha Murray Deputy, Canadian County Treasurer This Document Prepared By: KATIE WASCH PLANET HOME LENDING, LLC 321 RESEARCH PARKWAY, SUITE 303 MERIDEN, CT 06450 [Redacted] NMLS[Redacted] When Recorded Return To: FIRST AMERICAN TITLE DTO RECORDING, MC 4002 4795 REGENT BLVD. IRVING, TX 75063 Tax/Parcel #: [Redacted] [Space Above This Line for Recording Data] Original Principal Amount: $167,902.00 FHA\VA Case No.: [Redacted] Unpaid Principal Amount: $155,528.31 Loan No.: [Redacted] New Principal Amount: $164,414.24 Capitalization Amount: $8,885.93 Property Address: 3504 SLATE RIVER DRIVE, OKLAHOMA CITY, OKLAHOMA 73099 LOAN MODIFICATION AGREEMENT (MORTGAGE) This Loan Modification Agreement ("Agreement"), made this 10TH day of AUGUST, 2023, between LAUREN ALEXIS BALLARD, A SINGLE PERSON AND HUD-HAMP [Redacted] EXHIBIT D COLBY RYAN FOSHEE, A SINGLE PERSON ("Borrower"), whose address is 3504 SLATE RIVER DRIVE, OKLAHOMA CITY, OKLAHOMA 73099 and PLANET HOME LENDING, LLC ("Lender"), whose address is 321 RESEARCH PARKWAY, SUITE 303, MERIDEN, CT 06450, amends and supplements (1) the Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated APRIL 13, 2018 and recorded on APRIL 17, 2018 in INSTRUMENT NO. R 2018 10034 BOOK RB 4725 PAGE 0028, of the OFFICIAL Records of CANADIAN COUNTY, 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 3504 SLATE RIVER DRIVE, OKLAHOMA CITY, OKLAHOMA 73099 (Property Address) the real property described being set forth as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: SEE ATTACHED EXHIBIT "B" FOR MORTGAGE SCHEDULE 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): 1. As of, SEPTEMBER 1, 2023 the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $164,414.24, consisting of the amount(s) loaned to Borrower by Lender, plus capitalized interest and other amounts capitalized, which is limited to escrows, and any legal fees and related foreclosure costs that may have been accrued for work completed, in the amount of U.S. $8,885.93. 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 at the yearly rate of 7.3750%, from SEPTEMBER 1, 2023. The Borrower promises to make monthly payments of principal and interest of U.S. $1,066.81, beginning on the 1ST day of OCTOBER, 2023, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. If on SEPTEMBER 1, 2063 (the "Maturity Date"), the Borrower still owes amounts under the Note and the 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; and (b) all terms and provisions of any adjustable rate rider, 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. If the Borrower has, since inception of this loan but prior to this Agreement, received a discharge in a Chapter 7 bankruptcy, and there having been no valid reaffirmation of the underlying debt, by entering into this Agreement, the Lender is not attempting to re-establish any personal liability for the underlying debt. 6. 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. Except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and comply with, all of the terms and provisions thereof, as amended by this Agreement. 7. Borrower agrees to make and execute other documents or papers as may be necessary 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. In Witness Whereof, I have executed this Agreement. Borrower: LAUREN ALEXIS BALLARD Date: 9/14/23 Borrower: COLBY RYAN FOSHEE Date: 9/14/23 [Space Below This Line for Acknowledgments] BORROWER ACKNOWLEDGMENT STATE OF OKLAHOMA COUNTY OF Oklahoma The instrument was acknowledged before me this 14th of September 2023 by LAUREN ALEXIS BALLARD, COLBY RYAN FOSHEE Kimberly Johnson Notary Public Printed Name: Kimberly Johnson My Commission expires: June 14, 2024 In Witness Whereof, the Lender has executed this Agreement. PLANET HOME LENDING, LLC By ANDREA C.P. MCARTHUR NMLS#__________ Assistant Secretary (print name) (title) 9-20-23 Date [Space Below This Line for Acknowledgments] Acknowledgment for Corporation State of CONNECTICUT County of NEW HAVEN On this the 20 day of September, 2023, before me, a Notary Public, personally appeared ANDREA C.P. MCARTHUR NMLS# 1733324 (Name of Officer) who acknowledged himself/herself to be the ASSISTANT SECRETARY (Title of Officer) of PLANET HOME LENDING, LLC (Name of Corporation), a corporation, and that he/she, as such ASSISTANT SECRETARY (Title of Officer), being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as ASSISTANT SECRETARY (Title of Officer). In witness whereof I hereunto set my hand. [signature] Notary Public Printed Name: ______________________ My Commission Expires: ______________________ CARRIE M. PAPPAS NOTARY PUBLIC State of Connecticut My Commission Expires January 31, 2028 EXHIBIT A BORROWER(S): LAUREN ALEXIS BALLARD, A SINGLE PERSON AND COLBY RYAN FOSHEE, A SINGLE PERSON LOAN NUMBER: [REDACTED] LEGAL DESCRIPTION: The land referred to in this document is situated in the CITY OF OKLAHOMA CITY, COUNTY OF CANADIAN, STATE OF OKLAHOMA, and described as follows: LOT FIVE (5), BLOCK SEVEN (7), CASTLEWOOD TRAILS ADDITION SECTION 2, AN ADDITION TO THE CITY OF OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. A.P.N [REDACTED] ALSO KNOWN AS: 3504 SLATE RIVER DRIVE, OKLAHOMA CITY, OKLAHOMA 73099 EXHIBIT B MORTGAGE SCHEDULE Mortgage made by LAUREN ALEXIS BALLARD, A SINGLE PERSON AND COLBY RYAN FOSHEE, A SINGLE PERSON made to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR 1ST CAPITAL MORTGAGE LLC for $167,902.00 and interest, dated APRIL 13, 2018 and recorded on APRIL 17, 2018 in INSTRUMENT NO. R 2018 10034 BOOK RB 4725 PAGE 0028. This mortgage was assigned from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS MORTGAGEE, AS NOMINEE FOR 1ST CAPITAL MORTGAGE LLC, ITS SUCCESSORS AND ASSIGNS (assignor), made to PLANET HOME LENDING LLC, ITS SUCCESSORS AND ASSIGNS (assignee), by assignment of mortgage dated JANUARY 17, 2022 and recorded on JANUARY 18, 2022 in INSTRUMENT NO. R 2022 1835 BOOK RB 5448 PAGE 797. Loan Modification Agreement made by LAUREN ALEXIS BALLARD, A SINGLE PERSON, AND COLBY RYAN FOSHEE, A SINGLE PERSON made to PLANET HOME LENDING, LLC dated JUNE 21, 2022 and recorded on SEPTEMBER 13, 2022 in INSTRUMENT NO. 2022 29097 BOOK RB 5574 PAGE 1894. Modified amount is now $155,965.65. Mortgage tax paid: $8.00. When Recorded Return To: Planet Home Lending LLC C/O Nationwide Title Clearing, LLC 2100 Atr. 19 North Palm Harbor, FL 34683 ASSIGNMENT OF MORTGAGE FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersigned, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS MORTGAGENT, AS NOMINEE FOR IST CAPITAL MORTGAGE LLC, ITS SUCCESSORS AND ASSIGNS, (ASSIGNOR), (MERS Address: P.O. Box 3028, Flint, Michigan 48501-2028) by these presents does convey, grant, assign, transfer and set over the described Mortgage, all interest and right due or to become due thereon to PLANET HOME LENDING, LLC WHICH ADDRESS IS 731 RESEARCH PARKWAY, SUITE 303, MIAMI, FL 33168, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE). Said Mortgage bearing the date 04/13/2018, made by LAUREN ALEXIS BALLARD AND COLBY RYAN POSHKE (current owner) to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGENT, AS NOMINEE FOR IST CAPITAL MORTGAGE LLC, ITS SUCCESSORS AND ASSIGNS, and recorded in Book #123 and Page #456, in the records of the County Clerk of CANADIAN County, OKLAHOMA, of which LOT FIVE (5), BLOCK SEVEN (7), CASTLEWOOD TRAILS ADDITION SECTION 2, AN ADDITION TO THE CITY OF OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. IN WITNESS WHEREOF, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS MORTGAGENT, AS NOMINEE FOR IST CAPITAL MORTGAGE LLC, ITS SUCCESSORS AND ASSIGNS has caused these presents to be signed by its VICE PRESIDENT this 17th day of January in the year 2021. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS MORTGAGENT, AS NOMINEE FOR IST CAPITAL MORTGAGE LLC, ITS SUCCESSORS AND ASSIGNS By: Jenina Martinez JENINA MARTINEZ VICE PRESIDENT All persons whose signatures appear above have qualified authority to sign and have reviewed this document and supporting documentation prior to signing. STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of (X) physical presence or ( ) online verification on this 17th day of January in the year 2022, by Jenina Martinez as VICE PRESIDENT of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS MORTGAGEE, AS NOMINEE FOR IST CAPITAL MORTGAGE LLC, ITS SUCCESSORS AND ASSIGNS, who, as such VICE PRESIDENT being authorized to do so, executed the foregoing instrument for the purposes therein contained. He/she/they is (are) personally known to me. VALERA KROUG VALERA KRISTOF COMM EXPIRES: 09/19/23 VALEERA KRISTOF NOTARY PUBLIC STATE OF FLORIDA COMMISSIONED 02/14/86 EXPRESS: 09/19/2023 When Recorded Return to: FIRST AMERICAN TITLE INSURANCE COMPANY 3 FIRST AMERICAN WAY SANTA ANA, CA 92707 This Document Prepared By: LUANN GRIFFIN PLANET HOME LENDING, LLC 321 RESEARCH PARKWAY, SUITE 303 MERIDEN, CT 06450 XXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXX Tax/Parcel #: 060142-007005-000000 [Space Above This Line for Recording Data] FHA Case No.: [REDACTED] Loan No: [REDACTED] 3504 SLATE RIVER DRIVE, YUKON, OKLAHOMA 73099 (herein "Property Address") PARTIAL CLAIMS MORTGAGE THIS SUBORDINATE MORTGAGE ("Security Instrument") is given on JUNE 21, 2022. The mortgagor is LAUREN ALEXIS BALLARD, A SINGLE PERSON AND COLBY RYAN FOSHEE, A SINGLE PERSON ("Borrower"), whose address is 3504 SLATE RIVER DRIVE, YUKON, OKLAHOMA 73099. This Security Instrument is given to the Secretary of Housing and Urban Development, whose address is 451 Seventh Street SW, Washington, DC 20410 ("Lender"). Borrower owes Lender the principal sum of FORTY THOUSAND SEVEN HUNDRED EIGHTY-SEVEN DOLLARS AND 19 CENTS (U.S. $40,787.19). This debt is evidenced by Borrower's note HUD-HAMP dated the same date as this Security Instrument ("Note"), which provides for the full debt, if not paid earlier, due and payable on JULY 1, 2052. 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, 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 the County of CANADIAN, State of OKLAHOMA: which has the address of , 3504 SLATE RIVER DRIVE, YUKON, OKLAHOMA 73099 (herein "Property Address"); SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: Tax Parcel No ____________ TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, 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 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 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. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 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, 451 Seventh Street SW, Washington, DC 20410 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 prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (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. The notice shall further inform Borrower of the right to reinstate 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 any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 7, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 4 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 by 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument. [Signature] 8/2/22 Borrower: LAUREN ALEXIS BALLARD Date [Signature] 8/2/22 Borrower: COLBY RYAN FOSHEE Date ________________________ [Space Below This Line for Acknowledgments] BORROWER ACKNOWLEDGMENT STATE OF OKLAHOMA COUNTY OF Canadian The instrument was acknowledged before me this 2nd of August 2023 by LAUREN ALEXIS BALLARD, COLBY RYAN FOSHEE Kimberly Johnson Notary Public Printed Name: Kimberly Johnson My Commission expires: 6/11/2024 EXHIBIT A BORROWER(S): LAUREN ALEXIS BALLARD, A SINGLE PERSON AND COLBY RYAN FOSHEE, A SINGLE PERSON LOAN NUMBER: [REDACTED] LEGAL DESCRIPTION: The land referred to in this document is situated in the CITY OF YUKON, COUNTY OF CANADIAN, STATE OF OKLAHOMA, and described as follows: LOT FIVE (5), BLOCK SEVEN (7), CASTLEWOOD TRAILS ADDITION SECTION 2, AN ADDITION TO THE CITY OF YUKON, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. ALSO KNOWN AS: 3504 SLATE RIVER DRIVE, YUKON, OKLAHOMA 73099 This document was prepared by: When Recorded Return To: FIRST AMERICAN TITLE DTO RECORDING, MC 4003 4795 REGENT BLVD. IRVING, TX 75063 SUBORDINATION AGREEMENT Borrower Name: Lauren Alexis Ballard and Colby Ryan Foshee FHA Case number: [redacted] NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR A SUBSEQUENT SECURITY INSTRUMENT. THIS SUBORDINATION AGREEMENT, made this 20th day of October, 2023, by The Secretary of Housing and Urban Development, located at 451 Seventh Street, Washington, DC 20410, hereinafter referred to as “Subordinating Lender” And Planet Home Lending, LLC, 321 Research Parkway, Suite 303, Meriden, CT 06450, hereinafter referred to as “Lender”. WHEREAS, Subordinating Lender is the owner and holder of an existing lien in the amount of $40,787.19, hereinafter referred to as the “Subordinating Lender’s Lien”, encumbering real property described in the Legal Description attached hereto as “Exhibit A” and made a part thereof, which lien was recorded on June 21, 2022 in Book RB 5576, Page 704, Instrument 2022 29462 in the Land Records of Canadian County, State of Oklahoma ; and WHEREAS, Lauren Alexis Ballard and Colby Ryan Foshee, hereinafter referred to as “Borrower”, execuated, or is about to execute, a new security instrument and note or a modification of an existing first security instrument and note in the principal amount not to exceed ONE HUNDRED SIXTY FOUR THOUSAND AND FOUR HUNDRED FOURTEEN DOLLARS AND TWENTY FOUR CENTS ($164,414.24), with interest, in favor of Lender, which security instrument is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said security instrument last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Subordinating Lender's Lien; and WHEREAS, Lender is willing to make said loan provided the security instrument securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the Subordinating Lender's Lien and provided that Subordinating Lender will specifically and unconditionally subordinate the lien or charge of the Subordinating Lender's Lien to the lien or charge of the security instrument in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Borrower; and Subordinating Lender is willing that the security instrument securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Subordinating Lender's Lien. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said security instrument securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the Subordinating Lender's Lien. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement between the parties hereto with regard to the subordination of the lien or charge of Subordinating Lender's Lien to the lien or charge of the security instrument in favor of Lender above referred to and shall supersede and cancel any prior agreements as to such, or any, subordination including, but not limited to, those provisions, if any, contained in the security instrument first above mentioned, which provide for the subordination of the lien or charge thereof to a security instrument to be thereafter executed. Subordinating Lender declares, agrees and acknowledges that (a) Subordinating Lender consents to and approves (i) all provisions of the note and security instrument in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Borrower and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; and (b) Subordinating Lender intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Subordinating Lender's Lien in favor of the lien or charge upon said land of the security instrument in favor of Lender and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination, specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination. EXHIBIT G ISN Corp. Proprietary and Confidential disclosure, copying or distribution of the contents of this document is strictly prohibited. Mortgagor: LAUREN ALEXIS BALLARD AND COLBY RYAN FOSHEE FHA Case Number: IN WITNESS WHEREOF, the undersigned, Chris Jakova ISN Corporation, Attorney-In-Fact for Secretary of Housing & Urban Development, has hereunto set his hand for and on behalf of the Secretary Witness: ________________ Print: EBONY HOLDEN Witness: ______________________ Print: __________________________________________ By: ______________________________________ Chris Jakova Authorized Agent/ISN Corporation Attorney-In-Fact for Secretary/Department of Housing and Urban Development STATE OF OKLAHOMA COUNTY OF OKLAHOMA On 10/20/2023, before me, the undersigned Notary Public in and for Oklahoma County, Oklahoma, personally appeared Chris Jakova, personally known to me (or proven to me on the basis of satisfactory evidence) 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 he is the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal My Commission Expires: 4-8-23 __________________________________________ Notary Public Commission Number#: 18055760 Exhibit A LEGAL DESCRIPTION: The land referred to in this document is situated in the CITY OF OKLAHOMA CITY, COUNTY OF CANADIAN, STATE OF OKLAHOMA, and described as follows: LOT FIVE (5), BLOCK SEVEN (7), CASTLEWOOD TRAILS ADDITION SECTION 2, AN ADDITION TO THE CITY OF OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. A.P.N ALSO KNOWN AS: 3504 SLATE RIVER DRIVE, OKLAHOMA, OKLAHOMA 73099 Filed: 11-07-2023 09:45:55 AM Doc Number: R 2023 27347 Book: RB 5754 Page:1031 Real Estate Mtg Tax: $0.00 Paid: 11-07-2023 Receipt No. 2949 ** Mortgage Tax Exempt ** By: Deanne Cash Deputy, Canadian County Treasurer Doc#: R 2023 27347 BlkPg:RB 5754 1031-1036 Filed:11-07-2023 DAR 09:45:55 AM M Canadian County, OK GE Return To: First American Title Insurance Co 1100 Superior Ave Ste 20 Cleveland, OH 44114 This Document Prepared By: KATIE WASCH PLANET HOME LENDING, LLC 321 RESEARCH PARKWAY, SUITE 303 MERIDEN, CT 06450 NMLS[REDACTED] When Recorded/Rec'd By: PLANET HOME LENDING, LLC 321 RESEARCH PARKWAY, SUITE 303 MERIDEN, CT 06450 Tax/Parcel #: [REDACTED] [Space Above This Line for Recording Data] FHA Case No.: [REDACTED] Loan No.: [REDACTED] 3504 SLATE RIVER DRIVE, OKLAHOMA CITY, OKLAHOMA 73099 (herein "Property Address") PARTIAL CLAIMS MORTGAGE THIS SUBORDINATE MORTGAGE ("Security Instrument") is given on AUGUST 10, 2023. The mortgagor is LAUREN ALEXIS BALLARD, A SINGLE PERSON AND COLBY RYAN FOSHEE, A SINGLE PERSON ("Borrower"), whose address is 3504 SLATE RIVER DRIVE, OKLAHOMA CITY, OKLAHOMA 73099. This Security Instrument is given to the Secretary of Housing and Urban Development, whose address is 451 Seventh Street SW, Washington, DC 20410 ("Lender"). Borrower owes Lender the principal sum of EIGHT THOUSAND ONE HUNDRED FIFTY-SEVEN DOLLARS AND 43 CENTS (U.S. $8,157.43). 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 SEPTEMBER 1, 2063. 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, 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 the County of CANADIAN, State of OKLAHOMA: which has the address of , 3504 SLATE RIVER DRIVE, OKLAHOMA CITY, OKLAHOMA 73099 (herein "Property Address"); SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: Tax Parcel No. [blacked out] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, 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 COVENANTS that Borrower is lawfully seised of the estate thereby 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 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. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 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. HUD-HAMP 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, 451 Seventh Street SW, Washington, DC 20410 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 prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (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. The notice shall further inform Borrower of the right to reinstate 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 any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 7, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 4 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 by 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument. Borrower: LAUREN ALEXIS BALLARD 9/14/23 Date Borrower: COLBY RYAN FOSHEE 9/14/23 Date [Space Below This Line for Acknowledgments] BORROWER ACKNOWLEDGMENT STATE OF OKLAHOMA COUNTY OF Oklahoma The instrument was acknowledged before me this 14th day of September 2023 by LAUREN ALEXIS BALLARD, COLBY RYAN FOSHEE. Kimberly Johnson Notary Public Printed Name: Kimberly Johnson My Commission expires: June 16, 2024 EXHIBIT A BORROWER(S): LAUREN ALEXIS BALLARD, A SINGLE PERSON AND COLBY RYAN FOSHEE, A SINGLE PERSON LOAN NUMBER: ________________ LEGAL DESCRIPTION: The land referred to in this document is situated in the CITY OF OKLAHOMA CITY, COUNTY OF CANADIAN, STATE OF OKLAHOMA, and described as follows: LOT FIVE (5), BLOCK SEVEN (7), CASTLEWOOD TRAILS ADDITION SECTION 2, AN ADDITION TO THE CITY OF OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. A.P.N. ________________ ALSO KNOWN AS: 3504 SLATE RIVER DRIVE, OKLAHOMA, OKLAHOMA 73099 STATEMENT OF ASSOCIATION ASSESSMENT LIEN STATE OF OKLAHOMA ) COUNTY OF CANADIAN ) SS. KNOW ALL MEN BY THESE PRESENTS: That the Castlewood Trails Homeowner Association, Inc., an Oklahoma nonprofit corporation (Association), located at 15100 S. Western Ave. Oklahoma City, OK 73170, has a claim against Colby Foshee (Owner) 3504 Slate River Dr. Yukon OK 73099 for the present sum of $416.00 for the non-payment of homeowner association assessments and dues now due and owing the Association. That said claim is made for and on account of unpaid dues and assessments, interest allowable by the Declaration, and includes all allowable filing costs and attorney fees for the collection of the debt. This lien, as per the Declaration filed in the Canadian County Clerk's records is a continuing lien for the amounts now in arrears and those unpaid assessments, penalties, interest, attorney fees, and expenses accruing in the future. That this lien is to be recorded and filed in the county clerk's office against the real estate owned by the Owner more particularly described as: Lot 5, Block 7 to the Castlewood Trails Section 2 Addition, an addition to the City of Yukon, Canadian County, State of Oklahoma, according to the recorded plat thereto. That said sum is just, due, and unpaid and the Association has a lien and claim on said real estate in the amount provided above plus all future unpaid dues, accrued interest as set forth above, attorney fees and costs associated with the prosecution of this lien, according to the laws of the State of Oklahoma, and according to the Declaration of Covenants, Conditions, and Restrictions recorded and on file in this county clerk's office. Further, the Association may foreclose upon this lien as provided by the Declaration and Oklahoma law. Cathy Wootten Cathy Wootten, Manager of the Association ACKNOWLEDGEMENT STATE OF OKLAHOMA ) COUNTY OF CLEVELAND ) ss: Before me, the undersigned, a Notary Public in and for said County and State on this 2nd day of October 2021, personally appeared above to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal the day and year last above written. My commission expires: 9/21/2023 My commission number is: 07009195 Notary Public Oklahoma Tax Commission PO Box 26930 Oklahoma City, Oklahoma 73129 Canadian County FEIN/SSN: [REDACTED] Taxpayer: COLBY R FOSHEE Tax Warrant #: 443804000 Date Assessed: February 18, 2022 THE STATE OF OKLAHOMA TO: The County Clerk of Canadian County, Oklahoma Whereas, the above named taxpayer(s) is indebted to the State of Oklahoma for ITI with penalties and interest thereon computed to date, for the period(s) and in the amount(s) as follows: IIT-13197254-02 01/01/2017-12/31/2017 Total Tax: $ 1,427.00 Interest to date of issuance: $ 924.81 Penalties to date of issuance: $ 142.70 Tax warrant penalty: $ 200.00 Filing Fee: $ 36.00 Total Amount Due: $ 2,730.51 Interest continues to accrue on the total tax until paid, and additional penalties may accrue as authorized by Oklahoma Law. Now therefore, you are directed to record and index this warrant in the same manner as a judgement, using the name(s) of the delinquent taxpayer(s) shown above, name of the tax, the amount of the tax, interest and penalties for which the warrant is issued, and the date and time when filed. In witness whereof, the Oklahoma Tax Commission has caused this writ to be subscribed and duly attested, with the seal of said commission affixed this August 15, 2022 Oklahoma Tax Commission: [signature] Jeni King [/signature] Assistant Secretary EXHIBIT J