IN THE DISTRICT COURT WITHIN AND FOR OKLAHOMA COUNTY
STATE OF OKLAHOMA
NATIONSTAR MORTGAGE LLC,
Plaintiff,
-vs-
BARBARA J. ROUNSAVILLE AS ADMINISTRATOR OF THE ESTATE OF RONNIE C. ROUNSAVILLE, DECEASED;
UNITED STATES OF AMERICA EX REL SECRETARY OF HOUSING AND URBAN DEVELOPMENT;
STATE OF OKLAHOMA EX REL OKLAHOMA TAX COMMISSION;
OCCUPANT(S) OF THE PREMISES;
Defendants.
PETITION
COMES NOW Nationstar Mortgage LLC (herein: "Plaintiff"), and for its causes of action against the above-named defendants, alleges and states as follows:
1. Plaintiff was at all times and is duly authorized to bring this action.
2. That Ronnie C. Rounsaville (herein: "Borrower") is obligated on a certain promissory note and mortgage described below.
3. Borrower, for good and valuable consideration, made, executed, and delivered to UNITED FINANCIAL MORTGAGE CORP., the original lender and Plaintiff's predecessor in interest, a certain written promissory note which is the subject of this action (herein: "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A."
a. The Note is dated August 2, 2006;
b. The Note is made in the amount of $132,914.00;
c. The Note establishes an annual fixed interest rate of 7.000%; and
d. The Note is indorsed in blank.
4. As part of the same loan transaction, and in order to secure the payment of the loan made, Borrower made, executed, and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for UNITED FINANCIAL MORTGAGE CORP., the original lender of the Note and Plaintiff's predecessor in interest, a mortgage and conveyed the mortgage to the mortgagee (herein: “Mortgage”). The mortgage encumbers the following property:
Lot Five (5), in Block Ten (10), HENDERSON HILLS THIRD ADDITION to the City of Edmond, Oklahoma County, Oklahoma, according to the recorded Plat thereof.
(herein: “Property”) with a common address 1801 Hardy Drive, Edmond, OK 73013. A true and correct copy of the Mortgage is attached as Exhibit “B.”
a. The Mortgage is dated August 2, 2006;
b. Ronnie C. Rounsville, a single man, signed the Mortgage; and
c. The Mortgage was recorded in the Oklahoma County Clerk’s Office on August 4, 2006, at Book 10200, and Page 1725.
5. In addition to the Note and Mortgage described above, Borrower received and executed four (4) Loan Modifications. True and correct copies of the Loan Modifications are attached as an addendum to the Mortgage at Exhibit “C.”
a. Loan Modification recorded on July 13, 2015, at Book 12873, and Page 961, added capitalized interest and other amounts to the Principal Balance, extended the maturity date, and lowered the interest rate to 3.875%.
b. Loan Modification recorded on July 21, 2023, at Book 15513, and Page 396, added capitalized interest and other amounts to the Principal Balance, and increased the interest rate to 7.000%.
c. Loan Modification recorded on February 8, 2024, at Book 15670, and Page 33, added capitalized interest and other amounts to the Principal Balance, extended the maturity date, and lowered the interest rate to 6.8750%.
d. Loan Modification recorded on June 14, 2024, at Book 15781, and Page 1956, added capitalized interest and other amounts to the Principal Balance, extended the maturity date, and increased the interest rate to 7.3750%.
6. Borrower is present record owner of subject Property by virtue of Warranty Deed recorded on August 4, 2006, at Book 10200, and Page 1602.
7. The Borrower is obligated on the subject Note and has not been released from liability thereon.
8. The Mortgage encumbers the real estate along with all the improvements, easements, appurtenances, and fixtures from the date of the execution to present and hereafter, as well as all replacements and additions to the Property. Mortgage, Ex. B.
9. Plaintiff is entitled to enforce the Note in accordance with OKLA. STAT. TIT. 12A, §3-301.
10. Plaintiff has complied with all the terms and conditions of the Note and Mortgage.
11. Borrower is in default. The default claimed is failure to make payment, and the default date is October 1, 2024. The default has not been cured by any available means.
12. The Note and Mortgage provide that if default is made as to any of the terms of the Note and Mortgage by Borrower, or if Borrower fails to perform any of the other obligations described in the Note and Mortgage, that the entire unpaid principal, interest, and all other sums allowed and secured by the Note and Mortgage, shall become due and payable at the option of the Plaintiff. Further, in response to Borrower's default, Plaintiff is entitled to foreclose the mortgage to recover all amounts due, and to have the Property sold and all proceeds applied to the payment of the entire indebtedness described, allowed, and secured by the Note and Mortgage.
13. Plaintiff has made demand and has accelerated this loan in accordance with the Note, Mortgage, and applicable law.
14. As a necessary measure in the furtherance of enforcing this Note and Mortgage, Plaintiff has incurred costs, which are a further lien upon the Property secured by the Mortgage.
15. The Note and Mortgage provide that the attorney fees incurred by Plaintiff in the enforcement of the Note and Mortgage are the responsibility of Borrower and constitute a further lien on the Property secured by the Mortgage.
16. After consideration of all credits to this loan account, Plaintiff is due the sum of $135,105.61 in unpaid principal balance, with 7.375% interest per annum thereon, or as adjusted by the Note and Mortgage, from September 1, 2024, until paid; and all other costs of this action including title costs, late fees, NSF fees, escrow advances, corporate advances, property preservation costs, attorney fees, and all
costs and fees associated with the furtherance of this action, which is a first, prior, and superior lien on the Property.
17. Plaintiff has been informed and believes that Ronnie C. Rounsaville died intestate on or about September 17, 2024, a resident of Oklahoma County, Oklahoma. Probate was commenced in the District Court of Oklahoma County through Petition for Letters of Administration and Determination of Heirs filed in Case No. RB-2024-1318 on October 3, 2024, and Barbara J. Rounsaville was appointed Administrator of the Estate of Ronnie C. Rounsaville, deceased, by virtue of Letters of Administration filed on October 31, 2024.
18. Barbara J. Rounsaville, as Administrator of the Estate of Ronnie C. Rounsaville, deceased, may claim some right, title, lien, estate, encumbrance, claim, assessment, or other interest in the Property by virtue of Letters of Administration described above and potential heirship.
19. With respect to the additional defendants, Plaintiff alleges as follows:
a. Additional defendant, United States of America ex rel Secretary of Housing and Urban Development, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of Mortgage recorded on July 13, 2015, at Book 12873, and Page 973; and Partial Claim Mortgage recorded on July 21, 2023, at Book 15513, and Page 390.
b. Additional 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 Property, by virtue of Tax Warrant recorded on August 11, 2020, at Book 14437, and Page 651.
c. Additional defendants, Occupant(s), if any, of the Premises, whose true and correct legal identities are unknown to the Plaintiff at this time, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of occupancy of the Property.
d. Plaintiff further asserts that any right, title, lien, estate, encumbrance, claim assessment, or interest claimed by any defendant is subordinate and inferior to the mortgage lien claimed by Plaintiff. Plaintiff respectfully requests that each and every defendant claiming and interest in the Property be required to establish the claimed right herein or be barred forever for further asserting such a claim.
WHEREFORE, Plaintiff prays for a judgment in rem against Borrower in the amount of $135,105.61, with 7.375% interest per annum thereon, or as adjusted by the Note and Mortgage, from September 1, 2024, until paid; all abstracting and title costs incurred by Plaintiff to enforce the Note and Mortgage; all late charges; NSF fees; escrow advances; corporate advances; taxes; insurance premiums; property preservation charges; attorney fees; and all fees and costs associated with this action as allowed by the Note and Mortgage.
FURTHER, Plaintiff prays for judgment in rem against Borrower, the Property, the Premises, and all other defendants, awarding judgment as follows:
All defendants have set out their purported claims to the Property or have waived their rights to do so.
Plaintiff's mortgage is declared a first, prior, and superior lien on the Property as to all other claims asserted, and further declaring that Plaintiff is entitled to all amounts set forth herein.
That Plaintiff is entitled to foreclose the Mortgage, and the Property shall be sold for cash and that sale shall be had with appraisement. The proceeds of the sale shall be applied first to the payment of the costs incurred herein, and then to the satisfaction of the judgment amount, Mortgage, and lien asserted by Plaintiff.
That Plaintiff's Mortgage lien interest is prior, first, and superior to all other claims of defendants. That all right, title, claim, encumbrance, or interest claimed by any defendant shall be adjudged junior, inferior, and subject to Plaintiff's Mortgage lien.
That upon confirmation of the sale, that all and each of the defendants herein, be forever foreclosed, barred, and enjoined from asserting claim of a right, title, estate, encumbrance, or other interest of any nature to the Property.
Finally, Plaintiff prays for any and all further relief this Court deems just and equitable.
Respectfully submitted,
Sally E. Garrison, OBA #18709
Alex S. Rivera, OBA #32269
Amy R. Sullivan, OBA #35938
The Mortgage Law Firm, PLLC
421 NW 13th Street, Suite 300
Oklahoma City, OK 73103
Telephone: (405) 246-0602
Facsimile: (405) 698-0007
[email protected]
[email protected]
[email protected]
Attorneys for Plaintiff
VERIFICATION
I, the below signed, am one of the Attorneys for Plaintiff, and I have read the foregoing Petition and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein stated on information and belief, and as to those matters, I believe it to be true.
I declare under penalty of perjury under the laws of the State of Oklahoma that the foregoing is true and correct.
Executed on this 24 day of February , 2025.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTE
August 2, 2006
1801 HARDY DRIVE
EDMOND, OKLAHOMA 73013
(Property Address)
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means UNITED FINANCIAL MORTGAGE CORP. and its successors and assigns.
2. BORROWER'S PROMISE TO PAY INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED THIRTY-TWO THOUSAND NINE HUNDRED FOURTEEN and NO/100 Dollars (U.S. $ 132,914.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SEVEN percent (7.000 % ) per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on September 1, 2006. Any principal and interest remaining on the first day of August, 2036, will be due on that date, which is called the "Maturity Date".
(B) Place
Payment shall be made at P.O. BOX 82370, PHOENIX, ARIZONA 85071-2370, or at such place as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 884.29. This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument.
(D) Allonge to This Note for Payment Adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box.]
☐ Graduated Payment Allonge ☐ Growing Equity Allonge ☐ Other [Specify]
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of FIFTEEN calendar days after the payment is due, Lender may collect a late charge in the amount of 4.00 % of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
MULTISTATE FHA NOTE
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
RONNIE C ROUNSAVILLE — Borrower
(Sign Original Only)
PAY TO THE ORDER OF
UNITED FINANCIAL MORTGAGE CORP
WITHOUT RECOUERSE
OFFICER: SADE AKEE
TITLE: AUTHORIZED SIGNER
PAY TO THE ORDER OF
BANK OF AMERICA, N.A.
WITHOUT RECOUERSE
COUNTRYWIDE HOME LOANS SERVICING LP
BY:
MICHELE SJOLANDER
EXECUTIVE VICE PRESIDENT
Pay to the order of:
Countrywide Home Loans, Inc.
Witness: Resource
Countrywide Bank, N.A.
By: [signature]
Laputo Weiden, SVP
Pay to the order of:
COUNTRYWIDE HOME LOANS SERVICING LP
Witness: Resource
Countrywide Home Loans, Inc.
By: Michele Sjolander
EVP
PAY TO THE ORDER OF
Countrywide Bank, N.A.
WITHOUT RE COURSE
UNITED FINANCIAL MORTGAGE CORP.
OFFICER: SADIE AKEE
TITLE: AUTHORIZED SIGNER
Return to: UNITED FINANCIAL MORTGAGE CORP.
PO. BOX 85370
PHOENIX, AZ 85071-3570
Loan No:
Borrower:
Date ID:
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on the 2nd day of August, 2006.
The mortgagor is RONNIE C ROUSAVILLE A SINGLE MAN ("Borrower").
This Security Instrument is given to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns, as indicated below, and is organized under the laws of the State of Illinois, and has an address of 515 COMMERCE DRIVE, SUITE 100, OAK BROOK, IL 60523.
Borrower owes Lender the principal sum of ONE HUNDRED THIRTY-TWO THOUSAND NINE HUNDRED FOURTEEN DOLLARS ($132,914.00). This debt is evidenced by Borrower's note, dated the same date as this Security Instrument ("Note"). This Security instrument provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 1, 2036. This Security Instrument secures to Lender; (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements set forth herein. Borrower shall remain liable on the Note after the date Borrower does not pay or pay, 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 OKLAHOMA County, Oklahoma:
LOT FIVE (5) IN BLOCK TEN (10), HENDERSON HILLS THIRD ADDITION TO THE CITY OF EDMOND, OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF
First American Title & Trust Company
133 N. W. 8th
Oklahoma City, OK 73102
which has the address of 1801 HARDY DRIVE,
EDMOND, Oklahoma 73013 ("Property Address").
Together With all the improvements now or hereafter erected on the property, and all easements, appurtenances, 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 these interests, including, but not limited to, the right to foreclose and sell the Property, and to take any other actions it deems necessary or advisable in connection herewith or relating to 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.
Doc # 2006117644
By: J. DOUG C - 1730
DATE 08/04/06 12:34:13
Filing Fee $23.00
State Tax $0.00
County Tax $0.00
State of Oklahoma
Counties of Oklahoma
Blainham County Clerk
Caroline Carroll
Uniform Covenants. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest and Late Charges. Borrower shall pay when due the principal of and interest on, the debt evidenced by the Note and late charges secured by the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for: (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rent on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge to the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds."
Lender may, at any time collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. § 2601 et seq., and implementing regulations, 24 CFR Part 3530, as they may be amended from time to time ("RESPA"), except that the cash-in or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available is the only permissible reserve account use for the mortgage insurance premium.
If the amounts held by Lender in Escrow Items exceed the permitted amount as permitted by RESPA, Lender shall account to Borrower the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess tender to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required;
Third, to interest charges owed the Note;
Fourth, to prepayment of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be issued by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amount applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the Loss Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are subject to the insurance proceeds nor extend the period of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loss Application; Lenders Rights. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within ninety days if later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for a one year period after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall
Loan No: [blank] Data ID: [blank]
notify Lender of any extraordinary circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property and/or a certificate signed by Borrower. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower transfers title to the Property, the leasehold and the title shall not be merged unless Lender agrees to the merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the principal amount of the Note and this Security Instrument first to any disfavourable amounts applied in the order provided in paragraph 3, and then to payment of the principal. Any application of the proceeds to the principal shall not extend or postpone its due date of the monthly payments which were secured as in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, taxes and impositions that are not included in paragraph 2. Borrower shall pay these charges on time, current to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, foe condemnation or to enforce laws or regulations), then Lender may do and pay whatever necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any payment made at Lender's request, as herein paragraph shall become an additional debt of Borrower as secured by this Security Instrument. These payments shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice requiring the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if:
(1) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or
(2) Borrower defaults by failing, for a period of thirty days, to perform any other obligation contained in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if:
(1) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and
(2) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payment, Lender does not waive its rights with respect to subsequent events.
(f) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's right, in the case of payment defaults, to require immediate payment in full and foreclosure if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary.
(g) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 90 days from the date hereof, Lender may, at its option receive instantaneous repayment bill of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary delivered subsequent to 90 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such insufficiency. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies where all formal proceedings are consummated. To reinstate the Security Instrument, Borrower shall tender in a lump sum, all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorney's fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (I) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding; (2) reinstatement will prejudice foreclosure on different grounds in the future, or (3) reinstatement will adversely affect the rights of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance Excluded Now & Later. Extension of the time of payment or modification of amortization of the sums secured by this Security instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or prevent the exercise of any right or remedy.
12. Security Agreement; Joint Ownership and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(i). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivery or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated above or any address Lender designates by notice to Borrower. Any notices provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one confirmed copy of the Note and of this Security Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
Loan No: Data ID:
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdictions where the Property is located that relate to health, safety or environmental protection.
Non-Uniform Covenants. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice, Borrower or Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall continue to receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not a assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rent shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full.
18. Foreclosure Procedures. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and other remedies permitted by applicable law. Lender shall be entitled to collect title to the improvements secured by property described in paragraph 16, including, but not limited to, reasonable attorney's fees and costs of sale expenses.
If Lender invokes the power of sale, Lender shall give notice in the manner required by applicable law to Borrower and any other persons prescribed by applicable law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary regularly initiates payment in full under Paragraph 9, the Secretary shall invoke the non-judicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (22 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to foreclose on the Secured Obligations as well the Property as provided in the Act. Nothing in the preceding sentence shall depribe the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law.
19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security instrument without charge to Borrower. Borrower shall pay any recordation costs unless applicable law provides otherwise.
20. Appraisement. Appraisal of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure.
21. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of 1.00% of the outstanding principal balance of the loan at the time of assumption.
22. 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 notice to cause in a foreclosure action unless default by Borrower under this Security Instrument.
23. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of such each rider shall be incorporated into and shall form part of the terms and conditions of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]:
☐ Condominium Rider ☐ Graduated Equity Rider
☐ Planned Unit Development Rider ☐ Graduated Payment Rider
☐ Other [Specify]
[Page 5 of 8 Pages]
NOTICE TO BORROWER
A power of sale has been created 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 Signature Below, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it.
[Signature]
RONNIE C ROUNSAVEILLE—Borrower (Seal)
State of OKLAHOMA
County of OELDRORA
The foregoing instrument was acknowledged before me, Notary Public, this 11th day of AUGUST ____________, 2006, by RONNIE C ROUNSAVEILLE, A SINGLE PERSON.
My commission expires: ______________________
SIGNATURE OF NOTARY PUBLIC
JILL GRIFFIN
RECORDING REQUESTED BY & RETURN TO:
BANK OF AMERICA, N.A.
ATTN: HOME RETENTION DIVISION
11802 Ridge Parkway, Suite 100
Broomfield, CO 80021
Prepared By: SONI SMITH
BANK OF AMERICA, N.A.
11802 Ridge Parkway, Suite 100
Broomfield, CO 80021
707579-8888
1-855-453-0974
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE
LOAN MODIFICATION AGREEMENT
RETURN TO AAA LANDRECORDS
P.O. BOX 94
ENID, OK 73702
GRANTOR: Ronnie C. Rounsaville
1801 Hardy Drive, Edmond, OK 73013
GRANTEE: Bank of America, N.A.
11802 Ridge Parkway, STE 100, Broomfield CO, 80021
Prev. Rec. Info: 08/04/2006 BK: 10200 PG: 1725-1730 DOC: 2006117644
APN:
ORIG MTG: $132,914.00
NEW MTG: $143,311.75
NEW MONEY: $10,397.75
EXHIBIT C
Investor Lender: [blacked out]
When Recorded Return To:
Bank of America, N.A.
11802 Ridge Parkway, Ste 100 HRM
Broomfield, CO 80021
Recording Requested By:
Bank of America, N.A.
Document No.: [blacked out]
__________________________ Space Above for Recorder's Use ______________________
LOAN MODIFICATION AGREEMENT (FHA Insured) (FHA-HAMP with Partial Claim)
[blacked out]
Borrower ("I"): Ronnie C Rounsaville
Lender or Servicer ("Lender"): Bank of America, N.A.
Date of first-lien mortgage, deed of trust, or security deed ("Mortgage") and Note ("Note"): August 2, 2006
FHA Loan Number: [blacked out]
Property Address ("Property"): 1801 Hardy Drive, Edmond, OK 73013
See attached Exhibit "A" for Legal Description
Recording Information: Mortgage dated 8-2-06 in principal sum of $132,914, and recorded in Oklahoma OK (County and State or Other Jurisdiction) on 8-4-06 in Liber/Book 162100, Page(s) 17-25, Instrument Number 2056131344.
Important Disclosures: The Federal Housing Administration (FHA) requires that Lender provide you with information to help you understand the modified mortgage and partial claim terms that are being offered to you. Lender must timely provide you with clear and understandable written information about the terms, costs, and risks of the modified mortgage and partial claim to enable Borrower to make informed decisions. This information is included below. Please read it carefully.
If my representations in Section 1 are still true in all material respects and if I have satisfied all of the preconditions in Section 2, this Loan Modification Agreement ("Agreement") will, as set forth in Section 3, modify (1) the Mortgage on the Property and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are called the "Loan Documents." If there is more than one borrower or mortgagor executing this document, each is referred to as "I," "my" includes "our," and the singular includes the plural and vice versa. Capitalized terms used in this Agreement and not otherwise defined have the meanings set forth in the Mortgage and/or Note, as applicable.
1. My Representations. I certify, represent to Lender, and agree:
A. I am experiencing a financial hardship caused by a verifiable loss of income or increase in living expenses. As a result, (1) I am in default under the Loan Documents and (2) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments due under the Loan Documents.
B. I live in, and plan to continue to live in, the Property as my principal residence. The Property has not been condemned and has no material adverse physical condition(s). The Property has no more than four units.
C. I am not a borrower on any other FHA-insured mortgage.
D. Except as approved in writing by the FHA or Lender, there has been no change in the ownership of the Property after I signed the Loan Documents.
E. Under penalty of perjury, I provided Lender with full and complete information that, when provided, accurately stated my income, expenses, and assets. To the extent requested by Lender, I provided documents that supported that information. However, I was not required to disclose child support or alimony, unless I chose to rely on such income to qualify for the FHA-Home Affordable Modification Program ("Program") or for another loss mitigation option.
F. I have made the trial period plan payments required under the Program.
G. I currently have sufficient income to support the financial obligations under the Loan Documents, as modified by this Agreement.
2. Acknowledgements and Preconditions to Modification. I understand, acknowledge, and agree:
A. As a precondition to receiving this proposed modification of the Loan Documents, I must accept and fully execute the FHA's required subordinate mortgage loan (also called a Partial Claim Note and Security Instrument). I have reviewed and approved the terms of such subordinate loan.
B. Lender has no obligation to make any modification of the Loan Documents if I any of the requirements under this Agreement has not been met.
C. Prior to the Modification Effective Date (as defined in Section 3), if Lender determines that any of my representations in Section 1 are no longer true and correct, (1) the Loan Documents will not be modified, (2) this Agreement will not be valid, and (3) Lender will have all of the rights and remedies provided by the Loan Documents.
D. The Loan Documents will not be modified unless and until (1) Lender approves this Agreement and (2) the Modification Effective Date (as defined in Section 3 below) has occurred.
3. The Modification. I understand, acknowledge, and agree:
A. If all of my representations in Section 1 above continue to be true and correct and all preconditions to the modification set forth in Section 2 above have been met, the Loan Documents will automatically become modified on June 1, 2015 (the "Modification Effective Date") and all unpaid late charges that remain unpaid will be waived. If I have failed to make any payments that are a precondition to this modification, this modification will not take effect.
B. The new Maturity Date will be May 1, 2045.
C. The new principal balance of my Note will be $143,311.75 (the "New Principal Balance"). In servicing your loan, the Bank may have incurred third-party fees or charges that were not included in the terms of this Agreement. If so, these fees and charges will appear on your monthly statement under "Fees and Charges." These fees and charges will not accrue interest or late fees. You may pay these fees and charges at any time. If not previously paid, you must pay these fees and charges at the earliest of (1) the date you sell or transfer an Interest in the Property, (2) the date you pay the entire New Principal Balance, or (3) the Maturity Date.
D. I promise to pay the New Principal Balance, plus interest, to the order of Lender.
E. The annual interest rate on the New Principal Balance will be 3.875%, beginning May 1, 2015, both before and after any new default. This fixed interest rate will remain in effect until the principal and interest and all of the obligations due under the Modified Loan Documents are paid in full.
F. On June 1, 2015 and on the first day of each month thereafter until all of the obligations due under the Modified Loan Documents are paid in full, Borrower must make monthly payments of $1,021.67 (each, a "Monthly Payment"). Each Monthly Payment includes principal and interest of $873.90, plus the current required escrow payment of $347.67. My required escrow payments will likely adjust periodically in accordance with applicable law. If an escrow adjustment occurs, my total monthly payment would change accordingly.
G. I will be in default if I do not comply with the terms of the Modified Loan Documents.
4. Additional Agreements. I understand and agree:
A. I accept the risks of entering into this Agreement. These risks include (but are not limited to):
(1) The FHA's subordinate lien will require a balloon payment when I pay off, sell, or refinance the Property, which may make these things more difficult to do. The FHA's subordinate lien may also make it more difficult to get additional subordinate lien financing.
(2) My modified loan will have a fixed interest rate that will not change. As a result, if the Interest rate in my Loan Documents could go up and down based on changes in an index, my new fixed interest rate might sometimes be higher than I would have paid before this modification.
B. I authorize Lender to attach an Exhibit A to this loan modification, which will include a Legal Description, recording information of the original security instrument, and any other relevant information required by a County Clerk (or other recordation office) to allow for recording if and when Lender seeks recordation.
C. All persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, unless (1) a borrower or co-borrower is deceased; (2) the borrower and co-borrower are divorced and the Property has been transferred to one spouse in the divorce decree, in which event the spouse who no longer has an interest in the Property need not sign this Agreement (although the non-signing spouse may continue to be held liable for the obligation under the Loan Documents); or (3) Lender waived this requirement in writing.
D. This Agreement supersedes the terms of any modification, forbearance, trial period plan, or workout plan that I entered into with Lender before the date of this Agreement.
E. All terms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain in full force and effect and I will comply, with all covenants, agreements, and requirements of the Loan Documents, including (but not limited to) my agreement to pay all taxes, insurance premiums, assessments, Escrow Items, impounds, and all other similar obligations, the amounts of which may change in accordance with the terms of my Modified Loan Documents.
F. The Modified Loan Documents are duly valid, binding agreements, enforceable in accordance with their terms and are hereby ratified and confirmed.
G. I will fully cooperate with Lender in obtaining any title endorsement(s) or similar title insurance product(s) and/or any subordination agreement(s) that are necessary or required by Lender's procedures and/or the Program to ensure that the Mortgage, as modified by this Agreement, is in first-priority lien position and is fully enforceable. The terms of this Agreement will not become effective, and this Agreement will be null and void, if Lender does not receive such title endorsement(s), title insurance product(s), and/or subordination agreement(s) on or before the Modification Effective Date.
H. I know that I am only entitled to lose mitigation terms that comply with the Program. Therefore, if Lender discovers any error in the terms of this Agreement or in the FHA's required subordinate mortgage loan, I authorize the Lender to advise me of the error. If I do not accept the corrected terms, at Lender's option, this Agreement becomes void and of no legal effect. If I accept the corrected terms, I will execute and promptly return to Lender the revised and additional documents that will (1) consummate the intended terms and conditions of this Agreement and/or (2) correct the terms and conditions of this Agreement (a "Corrected Agreement"). If I do not sign and deliver a Corrected Agreement or any additional document required by Lender to comply with the Program, the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement, and I may not be eligible for the Program.
I. Lender will collect and record, as applicable, personal information about me, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity ("Personal Information"). In addition, I consent to the disclosure of my Personal Information and the terms of the trial period plan and this Agreement by Lender to (1) any Investor, insurer, guarantor, or servicer that owns, insures, guarantees, or services my first lien or subordinate lien (if applicable) mortgage loan(s), (2) companies that perform support services for the Program, and (3) any HUD-certified housing counseling agency.
J. If any document related to the Loan Documents and/or this Agreement is lost, misplaced, or otherwise missing, I will comply with Lender's request to execute, acknowledge, initial, and deliver to Lender any documents Lender deems necessary ("Replacement Documents"). I will deliver the Replacement Documents to Lender within ten days after I receive Lender's written request for such Replacement Documents.
In Witness Whereof, the Lander and I have executed this Agreement.
(Signatures must be signed exactly as printed, original signature required, no photocopies accepted)
Ronnie C Rounsaville
(Must Be Signed Exactly As Printed)
06/19/2015
MM/DD/YYYY
[Space below this line for Acknowledgement]
STATE OF Oklahoma
COUNTY OF Oklahoma
On the 19th day of June in the year 2015 before me, Stephen W. Ely Notary Public, personally appeared Ronnie C Rounsaville, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument, the person(s), or entity upon behalf of which the person(s) acted, executed the Instrument.
WITNESS my hand and official seal.
Stephen W. Ely Notary Signature
Stephen W. Ely Notary Public Printed Name Please Seal Here
06/21/19 Notary Public Commission Expiration Date
DO NOT WRITE BELOW THIS LINE.
THIS SECTION IS FOR INTERNAL USE ONLY
Bank of America, N.A., for itself or as successor by merger to BAC Home Loans Servicing, LP
By: Urban Settlement Services, LLC, its attorney in fact
By: /s/ Shirley Moore Date: JUN 24, 2015
Name: SHIRLEY MOORE
Title: ASSISTANT SECRETARY
[Space below this line for Acknowledgement]
STATE OF Colorado
COUNTY OF Arvadafield
On 24th day of June in the year 2015 before me, Brandon Tatsuo Iwamoto Notary Public, personally appeared SHIRLEY MOORE Assistant Secretary of Urban Settlement Services, LLC, attorney in fact for Bank of America, N.A., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.
BLL Notary Signature
Brandon Tatsuo Iwamoto Notary Public Printed Name Please Seal Here
MAR 25 2018 Notary Public Commission Expiration Date
BRANDON TATSUO IWAMOTO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 2014613219
COMMISSION EXPIRES MAR. 25, 2018
EXHIBIT "A"
LEGAL DESCRIPTION
LOT FIVE (5) IN BLOCK TEN (10), HENDERSON HILLS THIRD ADDITION TO THE CITY OF EDMOND, OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.
OFFICE OF THE COUNTY TREASURER
OKLAHOMA COUNTY, OKLAHOMA
MORTGAGE AFFIDAVIT
1. Bank of America, N.A. (the 'Bank') is the current servicer of a Mortgage entered into on the 2nd day of August 2005, between Rounia C. Roussavlis, as mortgagor (the 'Mortgagor') and Mortgage Electronic Registration Systems, Inc., as nominee for United Financial Mortgage Corp., as mortgagee (the 'Mortgagee').
2. Mortgagor and the Servicer on behalf of the Mortgagee are entering into a modification of the Mortgage to amend certain terms thereof.
3. The term of the Mortgage (as measured from its origination date through the new maturity date stated in the modification), is:
__X_ years or more
__4 or more years but less than 5 years
__3 or more years but less than 4 years
____2 or more years but less than 3 years
____less than 2 years
The new maturity date of the Mortgage will be May 1, 2045.
4. The principal balance of the Mortgage after the modification will be $143,311.75.
5. A Mortgage Tax payment of $10.40 (excluding $5.00 certification fee) is the total tax due at this time as provided by Oklahoma Statute Title 68 Section 1901 et. seq.
6. The Bank claims an exemption from total Mortgage Taxes due (as stated in Paragraph 5 above), equal to Mortgage Taxes in the amount of $322.21, which was previously paid in connection with the Mortgage on August 4, 2005, of prior payment(s), as evidenced by receipt number (s) 085.
The undersigned Affiant, signing this Affidavit on behalf of the Bank, does hereby certify that the information provided in this Affidavit is true and correct to the best of my knowledge, based on my review of documents maintained by Bank in the ordinary course of business.
DATE: 05-13-2015
________________________________________
Natalia Dertchuk
Authorized Officer or Agent of Bank of America, N.A.
Subscribed and sworn before me this 13 day of may , 2015
(Seal)
CONNEE BICHMAN
COMS, # 1907694
Notary Public
My Commission Expires: 08/04/16
JURAT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Ventura
Subscribed and sworn to (or affirmed) before me on this of May 13th, 2015 by AVP Natalia Derkatch, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(see)
[Signature]
Signature of Notary
OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
SECTION 255 AFFIDAVIT MORTGAGEE TAX EXEMPTION
NUMBER OF PAGES ___2___ DOCUMENT DATE May 13, 2015
Title or Description of attached document Section 255 Affidavit Mortgage Tax Exemption
(Additional Information)
Order LD [Redacted]
© 2006 Allstate Notary Preparation, Inc. - (800) 888-9456 - www.allstatenotary.com
Recording Requested By/Return To:
NATIONSTAR MORTGAGE LLC
DB/A MR. COOPER
999 TECH ROW, S200
MADISON HEIGHTS, MICHIGAN
48071
MODIFICATION AGREEMENT
Property Address: 1801 HARDY DRIVE, EDMOND, OKLAHOMA 73013
This modification adds $3,574.51 to the current principal balance of $122,422.25. The added amount represents capitalized interest, escrow advances, and other amounts due under the terms of the original Mortgage, Deed of Trust, or Deed. The new principal balance of the loan, as modified, is $125,996.76. The original principal balance of the loan on which mortgage and recording taxes were previously paid was $132,914.00.
This Loan Modification Agreement ("Agreement"), effective on 1ST DAY OF AUGUST, 2023, between RONNIE C. ROUNDAVILLE ("Borrower"), and NATIONSTAR MORTGAGE LLC DB/A MR. COOPER ("Lender"), whose address is 999 CYPRESS WATERS BLVD., COPPELL, TX 75019 amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") dated AUGUST 02, 2008 and recorded in RECORDED DATE: 09/04/2008 BOOK: 10298 PAGE: 1728 INSTRUMENT NUMBER: 2008117844 and (2) the Note in the original principal sum of U.S $132,914.00, 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
1801 HARDY DRIVE, EDMOND, OKLAHOMA 73013
(Property Address)
the real property described being set forth as follows:
LEGAL DESCRIPTION:
LOT FIVE (5) IN BLOCK TEN (10), HENDERSON HILLS THIRD ADDITION TO THE CITY OF
Loan Number: __________________
EDMOND, OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.
Tax Parcel No.: __________________
If my representations and covenants in Section 1 continue to be true in all material respects, then this Modification Agreement ("Agreement") will, as set forth in Section 3, amend and supplement (1) the Security Instrument on the Property, and (2) the Promissory Note secured by the Security instrument ("Original Note"). The Security instrument and Original Note together, as they may previously have been amended, are referred to as the "Loan Documents." Except for "Subordinate Note" and "Subordinate Security Instrument", capitalized terms used in this Agreement and not defined have the meaning given to them in Loan Documents.
I understand that after I sign and return the Subordinate Note, Subordinate Security Instrument, and two copies of this Agreement to the Lender, the Lender will send me a signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section 2 have been satisfied.
1. My Representations and Covenants. I certify, represent to Lender, covenant and agree:
A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan Documents or my default is imminent, and (ii) I do not have sufficient income or access to sufficient liquid assets to cure the default or to make the monthly mortgage payments now or in the near future;
B. The Property has not been condemned;
C. There has been no impermissible change in the ownership of the Property since I signed the Loan Documents. A permissible change would be any transfer that the Lender is required by law to allow, such as a transfer to add or remove a family member, spouse or domestic partner of the undersigned in the event of a death, divorce or marriage;
D. Under penalty of perjury, all documents and information I have provided to Lender in connection with this Agreement, including the documents and information regarding my eligibility for the Program, are true and correct; and
E. If Lender requires me to obtain credit counseling in connection with the Program, I will do so.
2. Acknowledgements and Preconditions to Modification. I understand and acknowledge that:
A. If prior to the Modification Effective Date as set forth in Section 3 the Lender determines that any of my representations in Section 1 are no longer true and correct or any covenant in Section 1 has not been performed, the Loan Documents will not be modified, this Agreement will terminate, and the Subordinate Note and Subordinate Security Instrument will not be in effect. In that event, the Lender will have all of the rights and remedies provided by the Loan Documents; and
B. I understand that the Loan Documents will not be modified unless and until (i) the Lender accepts this Agreement by signing and returning a copy of it to me, and (ii) the
Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Lender will not be obligated or bound to make any modification of the Loan Documents if I fail to meet any one of the requirements under this Agreement.
3. The Modification. If my representations and covenants in Section 1 continue to be true in all material respects and all preconditions to the modification set forth in Section 2 have been met, the Loan Documents will automatically become modified on AUGUST 01, 2023 (the "Modification Effective Date") and all unpaid late charges that remain unpaid will be waived. The first modified payment will be due on AUGUST 01, 2023.
A. The Maturity Date will be: JULY 01, 2033.
B. The current Total Outstanding Balance of my loan includes all unpaid principal and amounts that will be past due as of the Modification Effective Date. The current Total Outstanding Balance of my Original Note includes unpaid principal, unpaid and deferred interest, projected escrow shortages, escrow advances and other costs, but excludes unpaid late charges, and is less any amounts paid to the Lender but not previously credited to my Loan. The current Total Outstanding Balance of my loan is $136,800.12.
C. The Total Outstanding Balance will be reduced by $4,963.38. This amount will be included in a new, non-interest bearing Subordinate Note ("Subordinate Note"), payable to HUD, and will not be due until the Original Note is paid off, matures, or I sell the property, whichever is earliest.
D. The Total Outstanding Balance less the amount of the Subordinate Note, or $128,836.75, will be the New Principal Balance of my Original Note. Interest at the rate of 7.0000% will begin to accrue on the New Principal Balance as of AUGUST 01, 2023 and the first new monthly payment on the New Principal Balance will be due on AUGUST 01, 2023.
My payment schedule for the modified Loan is as follows:
<table>
<tr>
<th>Years</th>
<th>Interest Rate</th>
<th>Interest Rate Change Date</th>
<th>Monthly Principal and Interest Payment Amount*</th>
<th>Estimated Monthly Escrow Payment Amount*</th>
<th>Total Monthly Payment*</th>
<th>Payment Begins On</th>
<th>Number of Monthly Payments</th>
</tr>
<tr>
<td>40</td>
<td>7.0000%</td>
<td>07-01-2023</td>
<td>$782.98</td>
<td>$322.40, may adjust periodically</td>
<td>$1,105.38, may adjust periodically</td>
<td>08-01-2023</td>
<td>480</td>
</tr>
</table>
*The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly.
The above terms in this Section 3.D. shall supersede any provisions to the contrary in the Loan Documents, including but not limited to, provisions for an adjustable, step or simple interest rate or for a graduated or growing-equity payment schedule.
I understand that, if I have a pay option adjustable rate mortgage loan, upon modification, the minimum monthly payment option, the interest-only or any other payment options will no longer be offered and that the monthly payments described in the above payment schedule for my modified Loan will be the minimum payment that will be due each month for the remaining term of the Loan. My modified Loan will not have a negative amortization feature that would allow me to pay less than the interest due resulting in any unpaid interest being added to the outstanding principal balance.
E. I will be in default if I do not comply with the terms of the Loan Documents, as modified by this Agreement.
F. If a default rate of interest is permitted under the Loan Documents, then in the event of default under the Loan Documents, as amended, the interest that will be due will be the rate set forth in Section 3.D.
G. I agree to pay in full the Subordinate Note and any other amounts still owed under the Loan Documents by the earliest of: (i) the date I sell or transfer an interest in the Property, (ii) the date I pay all amounts due and owing under the Original Note, including any subsequent modifications to the Original Note, or (iii) the new Maturity Date set forth in Section 3.A above.
4. Additional Agreements. I agree to the following:
A. That all persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, the Subordinate Note, and the Subordinate Security Instrument, unless (i) a borrower or co-borrower is deceased; (ii) the borrower and co-borrower are divorced and the property has been transferred to one spouse in the divorce decree, the spouse who no longer has an interest in the property need not sign this Agreement (although the non-signing spouse may continue to be held liable for the obligation under the Loan Documents); or (iii) the Lender has waived this requirement in writing.
B. That this Agreement, the Subordinate Note, and the Subordinate Security Instrument shall supersede the terms of any modification, forbearance, trial period plan or other workout plan that I previously entered into with Lender.
C. To comply, except to the extent that they are modified by this Agreement, the Subordinate Note, and the Subordinate Security Instrument, with all covenants, agreements, and requirements of the Loan Documents including my agreement to make all payments of taxes, insurance premiums, assessments, Escrow Items, impounds, and all other payments, the amount of which may change periodically over the term of my Loan.
D. That this Agreement constitutes notice that the Lender's waiver as to payment of Escrow Items, if any, has been revoked, and I have been advised of the amount needed to fully fund my escrow account.
E. That the Loan Documents as modified by this Agreement are duly valid, binding agreements, enforceable in accordance with their terms and are hereby reaffirmed. The
Loan Documents constitute a first lien on the Property and are in no way prejudiced by this Agreement.
F. That all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, the Subordinate Note, and the Subordinate Security Instrument, remain in full force and effect; nothing in this Agreement or the Subordinate Note, or the Subordinate Security Instrument shall be understood or construed to be a satisfaction or release in whole or in part of the obligations contained in the Loan Documents; and that except as otherwise specifically provided in, and as expressly modified by, this Agreement, the Subordinate Note, and the Subordinate Security Instrument, the Lender and I will be bound by, and will comply with, all of the terms and conditions of the Loan Documents.
G. That the mortgage insurance premiums on my loan may increase and the date on which I may request cancellation of mortgage insurance may change as a result of this loan modification.
H. That, as of the Modification Effective Date, notwithstanding any other provision of the Loan Documents, if all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Security Instrument. Lender shall not exercise this option if state or federal law, rules or regulations prohibit the exercise of such option as of the date of such sale or transfer. If Lender exercises this option, Lender shall give me 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 I must pay all sums secured by the Subordinate Security Instrument. If I fail 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 me.
I. That, as of the Modification Effective Date, I understand that the Lender will only allow the transfer and assumption of the Loan, including this Agreement, to a transferee of my property as permitted under the Garn St. Germain Act, 12 U.S.C. Section 1701j-3. A buyer or transferee of the Property will not be permitted, under any other circumstance, to assume the Loan. Except as noted herein, this Agreement may not be assigned to, or assumed by, a buyer or transferee of the Property.
J. That, as of the Modification Effective Date, if any provision in the Original Note or in any addendum or amendment to the Original Note allowed for the assessment of a penalty for full or partial prepayment of the Original Note, such provision is null and void.
K. That, I will cooperate fully with Lender in obtaining any title endorsement(s), or similar title insurance product(s), and/or subordination agreement(s) that are necessary or required by the Lender's procedures to ensure that the modified mortgage Loan is in first lien position and/or is fully enforceable upon modification and that if, under any circumstance and not withstanding anything else to the contrary in this Agreement, the Lender does not receive such title endorsement(s), title insurance product(s) and/or subordination agreement(s), then the terms of this Agreement will not become effective on the Modification Effective Date and the Agreement will be null and void.
Loan Number [REDACTED]
L. That, if any foreclosure action against me is dismissed as a result of entering into this Agreement, I will remain liable for and bear my own attorney fees and costs incurred in connection with such action, if permitted by applicable law.
M. That I will execute such other documents as may be reasonably necessary to either (i) consummate the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this Agreement if an error is detected after execution of this Agreement. I understand that either a corrected Agreement or a letter agreement containing the correction will be provided to me for my signature. At Lender's option, this Agreement will be void and of no legal effect upon notice of such error. If I elect not to sign any such corrective documentation, the terms of the original Loan Documents shall continue in full force and effect; such terms will not be modified by this Agreement, and I will not be eligible for a modification.
N. That if any document related to the Loan Documents and/or this Agreement is lost, misplaced, misfiled, inaccurately reflects the true and correct terms and conditions of the Loan as modified, or is otherwise missing, I will comply with the Lender's request to execute, acknowledge, initial and deliver to the Lender any documentation the Lender deems necessary. All documents the Lender requests of me under this Section 4.N. shall be referred to as "Documents". I agree to deliver the Documents within ten (10) days after I receive the Lender's written request for such replacement.
5. If I have been granted a discharge in bankruptcy with respect to the Original Note and Security Instrument prior to the execution of this Agreement, nothing in this Agreement shall be construed to be an attempt to collect any discharged debt against me personally or an attempt to revive personal liability. However, I acknowledge that Lender retains certain rights, including but not limited to the right to foreclose its lien evidenced by the Security Instrument under appropriate circumstances. The parties agree that the consideration for this Agreement is Lender's forbearance from presently exercising its rights and pursuing its remedies under the Security Instrument as a result of my default thereunder.
(SIGNATURES CONTINUE ON FOLLOWING PAGES)
Loan Number
In Witness Whereof, the Borrower(s) have executed this agreement.
Ronnie C Rounsville
Borrower - RONNIE C ROUNSVILLE Date: 7/06/2023
State of OKLAHOMA,
County of Oklahoma
Before me, in and for this state, on this 1st day of July 2023, personally appeared RONNIE C ROUNSVILLE to me known to be the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he/she/they executed the same as his/her/their free and voluntary act and deed for the uses and purposes therein set forth.
(SEAL)
Notary Public
My Commission expires: 8/31/2024
In Witness Whereof, the Lender has executed this Agreement.
Lender
NATIONSTAR MORTGAGE LLC DBA MR. COOPER
By: ____________________________
Jeanette Burch
Printed Name:
Title: Vice President
Date: _________________ JUL 18, 2023 __________
State of MICHIGAN
County of OAKLAND Jeanette Burch
Acknowledged by ________________________________, Vice President of Nationstar Mortgage LLC d/b/a Mr. Cooper a Limited Liability Corporation before me on the 19th day of July 2023
Signature ___________________________
Printed name ___________________ Yah Bant
Notary public, State of MICHIGAN, County of Macomb
My commission expires FEB 04, 2027
Acting in the County of OAKLAND
YAH BANT
Notary Public - State of Michigan
Country of Macomb
My Commission Expires 02/04/2027
Acting in the County of ______________________
Received: 3L2N MTS TAX
Recorded 7/4/2005
Dated this 8th day of February, 2004
Format "Bank" Provenance
Oklahoma Co. Treasurer SEE AFFIDAVIT
By HELEN ROUMOURZI, Deputy
Recording Requested By/Return To:
NATIONSTAR MORTGAGE LLC
DBA/MRL COOPER
860 TECH ROW, #2396
MADISON HEIGHTS, MICHIGAN
48071
[Space Above This Line For Recording Date]
LOAN MODIFICATION AGREEMENT
Property Address: 1861 HARDY DRIVE, EDMOND, OKLAHOMA 73013
This modification adds $5,259.03 to the current principal balance of $125,000.46. The added amount represents capitalized interest, escrow advances, fees, expenses, and other amounts due under the terms of the original Mortgage, Deed of Trust, or Deed. The new principal balance of the loan, as modified, is $131,159.51. The original principal balance of the loan on which mortgage and recording taxes were previously paid was $132,914.00.
This Loan Modification Agreement ("Agreement"), effective on 18TH DAY OF MARCH, 2004, between RONNIE C ROUNSAVILLE ("Borrower"), and MRL COOPER ("Lender"), whose address is 8999 CYPRESS WATERS BLVD., COPPELL, TX 75019 amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), if any, dated AUGUST 22, 2000 and recorded in RECORDING DATE : 08/04/2000 BOOK : 18200 PAGE : 1725 INSTRUMENT NUMBER : 2000117846 and (2) the Note in the original principal sum of U.S $132,914.00, 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:
1861 HARDY DRIVE, EDMOND, OKLAHOMA 73013
(Property Address)
the real property described being set forth as follows:
LEGAL DESCRIPTION:
LOT FIVE (5) IN BLOCK TEN (10), HENDERSON HILLS THIRD ADDITION TO THE CITY OF
Loan Number: ____________
EDMOND, OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.
Tax Parcel No.: __________
In consideration of mutual promises and agreements exchanged, and other good and valuable consideration which the parties agree they have received, the Borrower and Lender agree to modify the terms of the Note and Security Instrument as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument):
1. As of MARCH 01, 2024, the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $131,198.51, consisting of the unpaid amount(s) loaned to Borrower by Lender plus any interest and other amounts capitalized.
2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 6.8785%, from FEBRUARY 01, 2024. Borrower promises to make monthly payments of principal and interest of U.S. $980.19, beginning on the 1ST DAY OF MARCH, 2024, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. The yearly rate of 6.8785% will remain in effect until principal and interest are paid in full. If on FEBRUARY 01, 2024, (the "Maturity Date"), 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.
The terms in this paragraph shall supersede any provisions to the contrary in the Loan Documents, including but not limited to, provisions for an adjustable, step or simple interest rate or for a graduated or growing-equity payment schedule.
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 may make a full prepayment or partial prepayments without paying any prepayment charge. Lender will use the prepayments to reduce the amount of principal that Borrower owes under the Note. However, Lender may apply the Prepayment to the accrued and unpaid interest on the prepayment amount before applying the prepayment to reduce the principal amount of the Note. If Borrower makes a partial prepayment, there will be no changes in the due dates or the amount of the monthly payments unless Lender agrees in writing to those changes.
5. 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 Agreement Date set forth 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.
6. Borrower understands and agrees that:
(a) All the rights and remedies, stipulations, and conditions contained in the Security Instrument relating to default in the making of payments under the Security Instrument shall also apply to default in the making of the modified payments hereunder.
(b) All covenants, agreements, stipulations, and conditions in the Note and Security Instrument shall be and remain in full force and effect, except as herein modified, and none of the Borrower's obligations or liabilities under the Note and Security Instrument shall be diminished or released by any provisions hereof, nor shall this Agreement in any way impair, diminish, or affect any of Lender's rights under or remedies on the Note and Security Instrument, whether such rights or remedies arise thereunder or by operation of law. Also, all rights of recourse to which Lender is presently entitled against any property or any other persons in any way obligated for, or liable on, the Note and Security Instrument are expressly reserved by Lender.
(c) Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument.
(d) If permitted by applicable law, all costs and expenses incurred by Lender in connection with this Agreement, including attorney's fees and costs, shall be paid by the Borrower and shall be secured by the Security Instrument, unless stipulated otherwise by Lender.
(e) Borrower agrees to make and execute such other documents or papers as may be necessary or required to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to the heirs, executors, administrators, and assignee of the Borrower.
(f) Borrower authorizes Lender, and Lender's successors and assigns, to share Borrower's information including, but not limited to (i) name, address, and telephone number, (ii) Social Security Number, (iii) credit score, (iv) income, (v) payment history, (vi) account balances and activity, including information about any modification or foreclosure relief program(s), with Third Parties that can assist Lender and Borrower in obtaining a foreclosure prevention alternative, or otherwise provide support services related to Borrower’s loan. For purposes of this section, Third Parties include a counseling agency, state or local Housing Finance Agency or similar entity, any insurer, guarantor, or servicer that insures, guarantees, or services Borrower's loan or any other mortgage loan secured by the Property on which Borrower is obligated, or to any companies that perform support services to them in connection with Borrower's loan.
Borrower consents to being contacted by Lender or Third Parties concerning mortgage assistance relating to Borrower's loan, at any telephone number, including mobile telephone number, or email address Borrower has provided to Lender or Third Parties.
(g) In any foreclosure action dismissed as a result of entering into this Agreement, Borrower will remain liable for and bear his or her own attorney fees and costs incurred in connection with such action, if permitted by applicable law.
(h) The mortgage insurance premiums on Borrower's Loan may increase and the date on which Borrower may request cancellation of mortgage insurance may change as a result of the loan modification.
(i) Any Borrower who co-signed the Security Instrument but did not execute the Note ("Co-signer") and has not assumed the debt: (a) is co-signing this Agreement only to acknowledge the Agreement; (b) is not personally obligated to pay the sums secured by the 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 the Security Instrument or the Notes without the Co-signer's consent.
7. Borrower will pay to Lender on the day payments are due under the Loan Documents as amended by this Agreement, until the Loan is paid in full, a sum ("the 'Funds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the Property; (b) leasehold payments or ground rent on the Property, if any; (c) premiums for any and all insurance required by Lender under the Loan Documents; (d) mortgage insurance premiums, if any, or any sums payable to Lender in lieu of the payment of mortgage insurance premiums in accordance with the Loan Documents; and (e) any community association dues, fees, and assessments that Lender requires to be escrowed. These Items are called "Escrow Items." Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to
Loan Number __________________________
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 amount due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower’s obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in the Loan Documents, as the phrase “covenant and agreement” is used in the Loan Documents. If Borrower is obliged to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under the Loan Documents and this Agreement and recover such amount and Borrower shall then be obligated to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with the Loan Documents, and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this paragraph.
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 the Real Estate Settlement Procedures Act (“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. Lender and Borrower can agree in writing, however, that Interest shall be paid on the Funds. Lender shall provide Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Loan Number: [blank]
Upon payment in full of all sums secured by the Loan Documents, Lender shall promptly refund to Borrower any Funds held by Lender.
Whereof, Lender and Borrower have executed this Modification Agreement as of the dates indicated below.
(SIGNATURES CONTINUE ON FOLLOWING PAGES)
In Witness Whereof, the Borrower(s) have executed this agreement.
[signature]
Borrower - RONNIE C ROUMAVILLE
Date: 01/25/2024
State of OKLAHOMA,
County of Oklahomaa,
Enter County Here
Before me, in and for this state, on this 25th day of JANUARY 2024, personally appeared RONNIE C ROUMAVILLE to me known to be the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he/she/they executed the same as his/her/their free and voluntary act and deed for the uses and purposes therein set forth.
(SEAL)
Notary Public
My Commission expires: 4/31/2024
[ ] This remote online notarization involved the use of communication technology.
Loan Number
In Witness Whereof, the Lender has executed this Agreement.
Lender
MR. COOPER
By: Alexis Stoudamine
Printed Name: Alexis Stoudamine
Title: Vice President
Date: FEB 01 2024
State of MICHIGAN
County of OAKLAND Alexis Stoudamine
Acknowledged by _________ Vice President of Mr. Cooper a Limited Liability Corporation before me on the 15th day of February 2024.
Signature ____________________________
Printed name _____Erin Mowen_____________________
Notary public, State of MICHIGAN, County of _____ST. CLAIR_____
My commission expires__SEP. 10, 2027_____________________
Acting in the County of OAKLAND
ERIN MOYEN
Notary Public, State Of Michigan
County of ST. CLAIR
My Commission Expires Sep. 10, 2027
Acting in the County of OAKLAND
LOAN MODIFICATION AGREEMENT
Property Address: 1801 HARDY DRIVE, EDMOND, OKLAHOMA 73013
This modification adds $4,085.99 to the current principal balance of $131,159.51. The added amount represents capitalized interest, escrow advances, fees, expenses, and other amounts due under the terms of the original Mortgage, Deed of Trust, or Deed. The new principal balance of the loan, as modified, is $135,245.50. The original principal balance of the loan on which mortgage and recording taxes were previously paid was $132,814.00.
This Loan Modification Agreement ("Agreement"), effective on 1ST DAY OF JULY, 2024, between RONNIE C ROUNSAVILLE ("Borrower"), and NATIONSTAR MORTGAGE LLC ("Lender"), whose address is 8880 CYPRESS WATERS BLVD, COPPELL, TX, 75019 amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), if any, dated AUGUST 02, 2008 and recorded in RECORDED DATE : 08/04/2008 BOOK : 10200 PAGE : 1728 INSTRUMENT NUMBER : 2008117844 and (2) the Note in the original principal sum of U.S $132,814.00, 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
1801 HARDY DRIVE, EDMOND, OKLAHOMA 73013
(Property Address)
the real property described being set forth as follows:
LEGAL DESCRIPTION:
LOT FIVE (5) IN BLOCK TEN (10), HENDERSON HILLS THIRD ADDITION TO THE CITY OF
EDMOND, OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.
Tax Parcel No.
In consideration of mutual promises and agreements exchanged, and other good and valuable consideration which the parties agree they have received, the Borrower and Lender agree to modify the terms of the Note and Security Instrument as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument):
1. As of JULY 01, 2024, the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $135,245.50, consisting of the unpaid amount(s) loaned to Borrower by Lender plus any interest and other amounts capitalized.
2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 7.3750%, from JUNE 01, 2024. Borrower promises to make monthly payments of principal and interest of U.S. $877.64, beginning on the 1ST DAY OF JULY, 2024, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. The yearly rate of 7.3750% will remain in effect until principal and interest are paid in full. If on JUNE 01, 2054, (the "Maturity Date"), 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.
The terms in this paragraph shall supersede any provisions to the contrary in the Loan Documents, including but not limited to, provisions for an adjustable, step or simple interest rate or for a graduated or growing-equity payment schedule.
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 may make a full prepayment or partial prepayments without paying any prepayment charge. Lender will use the prepayments to reduce the amount of principal that Borrower owes under the Note. However, Lender may apply the Prepayment to the accrued and unpaid interest on the prepayment amount before applying the prepayment to reduce the principal amount of the Note. If Borrower makes a partial prepayment, there will be no changes in the due dates or the amount of the monthly payments unless Lender agrees in writing to those changes.
5. 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 Agreement Date set forth 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.
6. Borrower understands and agrees that:
(a) All the rights and remedies, stipulations, and conditions contained in the Security Instrument relating to default in the making of payments under the Security Instrument shall also apply to default in the making of the modified payments hereunder.
(b) All covenants, agreements, stipulations, and conditions in the Note and Security Instrument shall be and remain in full force and effect, except as herein modified, and none of the Borrower's obligations or liabilities under the Note and Security Instrument shall be diminished or released by any provisions hereof, nor shall this Agreement in any way impair, diminish, or affect any of Lender's rights under or remedies on the Note and Security Instrument, whether such rights or remedies arise thereunder or by operation of law. Also, all rights of recourse to which Lender is presently entitled against any property or any other persons in any way obligated for, or liable on, the Note and Security Instrument are expressly reserved by Lender.
(c) Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument.
(d) If permitted by applicable law, all costs and expenses incurred by Lender in connection with this Agreement, including attorney's fees and costs, shall be paid by the Borrower and shall be secured by the Security Instrument, unless stipulated otherwise by Lender.
(e) Borrower agrees to make and execute such other documents or papers as may be necessary or required to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to the heirs, executors, administrators, and assigns of the Borrower.
(i) Borrower authorizes Lender, and Lender's successors and assigns, to share Borrower's information including, but not limited to (i) name, address, and telephone number, (ii) Social Security Number, (iii) credit score, (iv) income, (v) payment history, (vi) account balances and activity, including information about any modification or foreclosure relief programs, with Third Parties that can assist Lender and Borrower in obtaining a foreclosure prevention alternative, or otherwise provide support services related to Borrower's loan. For purposes of this section, Third Parties include a counseling agency, state or local Housing Finance Agency or similar entity, any insurer, guarantor, or servicer that insures, guarantees, or services Borrower's loan or any other mortgage loan secured by the Property on which Borrower is obligated, or to any companies that perform support services to them in connection with Borrower's loan.
Borrower consents to being contacted by Lender or Third Parties concerning mortgage assistance relating to Borrower's loan, at any telephone number, including mobile telephone number, or email address Borrower has provided to Lender or Third Parties.
(g) In any foreclosure action dismissed as a result of entering into this Agreement, Borrower will remain liable for and bear his or her own attorney fees and costs incurred in connection with such action, if permitted by applicable law.
(h) The mortgage insurance premiums on Borrower's Loan may increase and the date on which Borrower may request cancellation of mortgage insurance may change as a result of the loan modification.
(i) Any Borrower who co-signed the Security Instrument but did not execute the Note (a "Co-signer") and has not assumed the debt: (a) is co-signing (his Agreement only to acknowledge the Agreement; (b) is not personally obligated to pay the sums secured by the Security instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forebear or make any accommodations with regard to the terms of the Security Instrument or the Note without the Co-signer's consent.
7. Borrower will pay to Lender on the day payments are due under the Loan Documents as amended by this Agreement, until the Loan is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under the Loan Documents; (d) mortgage insurance premiums, if any, or any sums payable to Lender in lieu of the payment of mortgage insurance premiums in accordance with the Loan Documents; and (e) any community association dues, fees, and assessments that Lender requires to be escrowed. These items are called "Escrow Items." Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to
pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in the Loan Documents, as the phrase 'covenant and agreement' is used in the Loan Documents. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under the Loan Documents and this Agreement and pay such amount and Borrower shall then be obligated to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by notice given in accordance with the Loan Documents, and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this paragraph.
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 the Real Estate Settlement Procedures Act ("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. Lender and Borrower can agree in writing, however, that interest shall be paid on the Funds. Lender shall provide Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Loan Number: [REDACTED]
Upon payment in full of all sums secured by the Loan Documents, Lender shall promptly refund to Borrower any Funds held by Lender.
Whereof, Lander and Borrower have executed this Modification Agreement as of the dates indicated below.
(SIGNATURES CONTINUE ON FOLLOWING PAGES)
In Witness Whereof, the Borrower(s) have executed this agreement.
Borrower - RONNIE C ROUNSAVILLE
Date: 05/31/2024
State of OKLAHOMA,
County of oklahoma,
Before me, in and for this state, on this 31st day of May 2024, personally appeared RONNIE C ROUNSAVILLE to me known to be the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he/she/they executed the same as his/her/their free and voluntary act and deed for the uses and purposes therefor set forth.
(SEAL)
Notary Public G. A. EASTON
My Commission expires: 2/8/2025
[ ] This remote online notarization involved the use of communication technology.
Loan Number: __________
In Witness Whereof, the Lender has executed this Agreement.
Lender:
Nationstar Mortgage LLC
By: ___________________________
Printed Name: Jin Moo Binene
Title: Vice President
Date: JUN 11 2024
State of MICHIGAN
County of OAKLAND
Acknowledged by Jin Moo Blinene Vice President of Nationstar Mortgage LLC a Limited Liability Corporation before me on the 11 day of June 2024
Signature [illegible]
Printed name Fahmidha Sikdar
Notary public, State of MICHIGAN, County of Macomb
My commission expires OCT 13 2030
Acting in the County of OAKLAND
FAHMIDHA SIKDAR
NOTARY PUBLIC - STATE OF MICHIGAN
COUNTY OF MACOMB
My Commission Expires October 13, 2030
Acting in the County of Oakland