IN THE DISTRICT COURT IN AND FOR COMANCHE COUNTY
STATE OF OKLAHOMA
THE CITY NATIONAL BANK AND TRUST )
COMPANY OF LAWTON, OKLAHOMA, )
Plaintiff, )
vs. )
ABOLGHASEM M. REZAEI; THE SPOUSE )
OF ABOLGHASEM M. REZAEI, IF ANY; THE )
OCCUPANTS OF THE PREMISES, IF ANY; )
THE STATE OF OKLAHOMA, ex rel. )
OKLAHOMA TAX COMMISSION; AND )
MORTGAGE ELECTRONIC REGISTRATION )
SYSTEMS, INC., )
Defendants. )
PETITION
COMES NOW Plaintiff, The City National Bank and Trust Company of Lawton, Oklahoma, by and through its attorney, John C. Mackey, Jr., of Mackey Law Firm, P.L.L.C., and, for its Petition against the defendants above named, states as follows:
1. That the District Court of Comanche County, Oklahoma, has jurisdiction to hear this matter as Plaintiff is an Oklahoma banking corporation in good standing headquartered in Comanche County, Oklahoma; primary defendant Abolghasem M. Rezaei is an individual bona fide resident of Comanche County, Oklahoma; and the real property which is the subject of this action is located in Comanche County, Oklahoma.
2. That on or about February 28, 2025, defendant Abolghasem M. Rezaei, a single person, executed and delivered to Plaintiff a Promissory Note whereby said defendant promised to pay to Plaintiff the sum of THREE HUNDRED EIGHT THOUSAND FOUR HUNDRED FIFTY AND 77/100 DOLLARS ($308,450.77), with interest thereon at the rate of 8.175% per year until paid, payable in consecutive monthly installments of $2,301.04 as further described in the note, with a maturity date of March 1, 2055, attached hereto and marked as Exhibit "A", and made a part hereof.
3. That payment of the debt is secured by a real estate mortgage executed and delivered by defendant Abolghasem M. Rezaei, a single person, the record owner of the real property described below. Said mortgage was dated February 28, 2025, and recorded on March 3, 2025, at 3:51 p.m., in Book 9790, Page 127, of the records of Comanche County, Oklahoma, and which mortgage covers the following described real property located in Comanche County, Oklahoma, to-wit:
Lot Thirteen (13), Block Fifty-one (51), Townsite of MEDICINE PARK, Comanche County, Oklahoma, according to the recorded plat thereof; and a tract located in Lot Fourteen (14), Block Fifty-one (51), Townsite of MEDICINE PARK, Comanche County, Oklahoma, according to the recorded plat thereof, described as follows; Tract 14-A Commencing at the Northeast corner of Lot Fourteen (14), Block Fifty-one (51), Townsite of MEDICINE PARK, Oklahoma; THENCE S16°18'28"E a distance of 80.38 feet on the boundary of said Lot 14 to the Point of Beginning; THENCE S71°54'12"W a distance of 69.51 feet; THENCE N16°18'28"W a distance of 59.12 feet to the North boundary of said Lot 14; THENCE S55°03'39"W a distance of 74.42 feet on the boundary of said Lot 14; THENCE S16°18'28" E a distance of 38.80 feet on the boundary of said Lot 14; THENCE N73°41'32"E a
distance of 140.00 feet on the boundary of said Lot 14; THENCE N16°18'28"W a distance of 5.62 feet to the Point of Beginning,
with a physical address of 101 N Sheridan Street, Medicine Park, Oklahoma 73557. The mortgage and the record thereof are incorporated herein by reference as provided by law. Mortgage tax on said mortgage was paid, as required by law, as shown on the face of the mortgage.
4. That the note and mortgage provide that if default be made in the payment of any of the installments, or on failure or neglect to keep or perform any of the other conditions and covenants of the mortgage, that the entire principal sum and accrued interest, together with all other sums secured by said mortgage, shall at once become due and payable, at the option of the holder thereof, and the holder shall be entitled to foreclose said mortgage and recover the unpaid principal thereon and all expenditures of the mortgagee made thereunder, with interest thereon, and to have said premises sold and the proceeds applied to the payment of the indebtedness secured thereby, together with all legal and necessary expense and all costs.
5. That the note and mortgage described above are in default under the terms thereof, and Plaintiff has declared the entire indebtedness due. Notice of default has been properly given. The last payment made was over 120 days prior to the filing of this action.
6. That the note and mortgage provide that in case of a foreclosure of said mortgage and as often as any proceeding shall be taken to foreclose the same, the
maker will pay to the mortgagee a reasonable attorney’s fee, and that the same shall be a further charge and lien on said premises.
7. That at this time, after allowing all just credits, there is due to Plaintiff on said note and mortgage the sum of THREE HUNDRED NINETEEN THOUSAND EIGHT HUNDRED FORTY-TWO AND 57/100 DOLLARS ($319,842.57), which reflects the principal sum, unpaid charges, unpaid interest thereon through March 3, 2026; plus ad valorem taxes due and owing; interest thereon thereafter at the rate of 8.175% per annum until date of judgment (0.022% per diem); a reasonable attorney’s fee equal to 15% of the amount due or the actual amount of attorney's fees, whichever is greater; and such sums as may be advanced or incurred by Plaintiff during the pendency of this action for taxes, assessments, hazard insurance premiums, expenses reasonably necessary for the preservation of the subject property or of the priority of Plaintiff’s mortgage lien including costs and attorney’s fees of execution and sale on any judgment hereafter entered in this cause, including poundage upon sale, for which amounts said mortgage is a first, prior and superior lien upon the real estate and premises above described.
8. That said mortgage specifically provides that appraisement of said property is expressly waived or not waived at the option of the mortgagee. Plaintiff hereby elects to have the premises sold with appraisement.
9. That defendants Abolghasem M. Rezaei; the Spouse of Abolghasem M. Rezaei, if any; the Occupants of the Premises, if any; the State Of Oklahoma, ex rel. Oklahoma Tax Commission; and Mortgage Electronic Registration Systems, Inc., may be claiming some right, title, lien, estate, encumbrance, claim, assessment or interest in or to the real estate and premises involved herein adverse to Plaintiff, but that any right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity which said defendants, or any of them, may have or claim to have, is subsequent, junior and inferior to the first mortgage lien of Plaintiff.
10. That, specifically, defendant Mortgage Electronic Registration Systems, Inc., may be claiming some right, title, lien, estate, encumbrance, claim, assessment or interest in or to the real estate and premises involved herein because said defendant was erroneously listed as the nominee and mortgagee in the above-described Mortgage. Plaintiff states that said defendant is not now nor has it ever been the nominee or mortgagee of said Mortgage.
11. That Plaintiff prays to the Court that said defendants be summoned in this case and required to set up in this suit any right, title or interest claimed in and to the lands involved in this action or be barred from claiming any right in and to said real estate.
WHEREFORE, Plaintiff demands judgment against Abolghasem M. Rezaei for the sum of THREE HUNDRED NINETEEN THOUSAND EIGHT HUNDRED
FORTY-TWO AND 57/100 DOLLARS ($319,842.57), which reflects the principal sum, unpaid charges, unpaid interest thereon through March 3, 2026; plus ad valorem taxes due and owing; interest thereon thereafter at the rate of 8.175% per annum until date of judgment (0.022% per diem); a reasonable attorney’s fee equal to 15% of the amount due or the actual amount of attorney's fees, whichever is greater; and such sums as may be advanced or incurred by Plaintiff during the pendency of this action for taxes, assessments, hazard insurance premiums, expenses reasonably necessary for the preservation of the subject property or of the priority of Plaintiff’s first mortgage lien including costs and attorneys fees of execution and sale on any judgment hereafter entered in this cause, including poundage upon sale, for which amounts said mortgage is a first, prior and superior lien upon the real estate and premises above described.
Plaintiff further demands judgment against all of defendants adjudging:
That all defendants herein be required to appear and set forth any right, title, claim or interest which they have, or may have, in and to said real estate and premises; and
That said mortgage on the above-described real estate be foreclosed and that the same be declared a valid first lien upon the real estate hereinabove described and ordering the said real estate and premises sold with appraisement, as provided by law, subject to unpaid real estate ad valorem taxes, if any, to satisfy said judgment, and the proceeds arising therefrom to be applied to the payment of the costs herein, including
attorney's fees, and the payment and satisfaction of the claim and judgment of Plaintiff; and that the surplus, if any, be paid into Court to abide the further order of the Court; that should the proceeds of sale be insufficient to pay Plaintiff’s judgment, and upon application and hearing, a deficiency judgment be awarded to Plaintiff against such defendants as may be personally liable therefor, all as provided by law; and for a writ of assistance to enable the purchaser of the subject property to take possession thereof; and
That the right, title and interest of all said defendants, and each of them, if any, in and to said real estate be determined and settled and be adjudged subject, junior and inferior to the mortgage lien of Plaintiff; and that upon a confirmation of such sale, defendants herein, and each of them, and all persons claiming by, through, or under them since the commencement of this action, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to said premises, or any part thereof; and for such other and further relief as may be just and equitable.
MACKEY LAW FIRM, P.L.L.C.
By:
John C. Mackey, Jr., OBA #19866
Attorney for Plaintiff
Post Office Box 720384
Norman, Oklahoma 73070
580.695.2811
[email protected]
STATE OF OKLAHOMA )
) SS:
COUNTY OF CLEVELAND )
John C. Mackey, Jr., being of lawful age and being by me first duly sworn upon his oath, deposes and states: that he is the attorney for Plaintiff in the above-entitled matter; that he has read the above and foregoing Petition and is familiar with the contents thereof; and that all matters and things therein set forth are true and correct to the best of his knowledge and belief.
____________________________________
John C. Mackey Jr.
SUBSCRIBED AND SWORN to before me this March 3, 2026.
Lisa Mackey - Notary Public
Commission No.: 13007008
Expires: August 1, 2029
NOTE
February 28, 2025 LAWTON OKLAHOMA
[Note Date] [City] [State]
101 N Sheridan, Medicine Park, Oklahoma 73557
[property address]
1. BORROWER'S PROMISE TO PAY
In return for a loan in the amount of U.S. $308,450.77 (the "Principal") that I have received from THE CITY NATIONAL BANK AND TRUST COMPANY OF LAWTON, OKLAHOMA, A NATIONAL BANKING ASSOCIATION (the "Lender"), I promise to pay the Principal, plus interest, to the order of the Lender. I will make all payments under this Note in U.S. currency in the form of cash, check, money order, or other payment method accepted by Lender.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid Principal until the full amount of the Principal has been paid. I will pay interest at a yearly rate of 8.175%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month. This amount is called my "Monthly Payment."
I will make my Monthly Payment on the 1st day of each month beginning on April 1, 2025. I will make these payments every month until I have paid all of the Principal and interest and any other charges described below that I may owe under this Note. Each Monthly Payment will be applied as of its scheduled due date and will be applied to interest before the Principal. If, on March 1, 2055, I still owe amounts under this Note, I will pay those amounts on that date, which is called the "Maturity Date."
I will make my Monthly Payments at 500 MONTGOMERY SQUARE, LAWTON, OKLAHOMA 73501
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My Monthly Payment will be in the amount of U.S. $ 2,301.04 . This payment amount does not include any property taxes, insurance, or other charges that I may be required to pay each month.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "Prepayment." When I make a Prepayment, I will notify the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the Monthly Payments then due under this Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my Monthly Payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If applicable law sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then (a) any such loan charge will be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED ** See attached Late Fee Addendum to Promissory Note
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any Monthly Payment by the end of 11 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue Monthly Payment. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each Monthly Payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of unpaid Principal, all the interest that I owe on that amount, and other charges due under this Note (the "Default Balance"). That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
If I am in default and the Note Holder does not require me to pay the Default Balance immediately as described above, the Note Holder will still have the right to do so if I continue to be in default or if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay the Default Balance immediately as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees and costs.
7. GIVING OF NOTICES
(A) Notice to Borrower
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it, or by mailing it by first class mail, to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. I will promptly notify the Note Holder of any change to my physical address and of any change to my mailing address. Unless applicable law requires otherwise, notice may instead be sent by e-mail or other electronic communication if agreed to by me and the Note Holder in writing and if I have provided the Note Holder with my current e-mail address or other electronic address. If I have agreed with the Note Holder that notice may be given by e-mail or other electronic communication, I will promptly notify the Note Holder of any changes to my e-mail address or other electronic address.
(B) Notice to Note Holder
Any notice that I must give to the Note Holder under this Note will be delivered by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety, or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety, or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Mortgage Deed, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument also describes how and under what conditions I may be required to make immediate payment of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise this option if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender will give Borrower notice of acceleration. The notice will provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to, or upon, the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower and will be entitled to collect all expenses incurred in pursuing such remedies, including, but not limited to: (a) reasonable attorneys' fees and costs; (b) property inspection and valuation fees; and (c) other fees incurred to protect Lender's Interest in the Property and/or rights under this Security Instrument.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal)
Abolghasem M Rezaei -Borrower
Loan Originator: Barbara Bannon, NMLSR ID 526038
Loan Originator Organization: City National Bank & Trust, NMLSR ID 460873
[Sign Original Only]
LATE FEE ADDENDUM TO PROMISSORY NOTE
Property Address: 101 N Sheridan
Medicine Park, Oklahoma 73557
THIS LATE FEE ADDENDUM ("ADDENDUM") is made this 28th day of February, 2025 and is incorporated into and intended to form a part of the Promissory Note (the "Note") dated the same date as the Addendum executed by the undersigned and payable to THE CITY NATIONAL BANK AND TRUST COMPANY OF LAWTON, OKLAHOMA, A NATIONAL BANKING ASSOCIATION (the "Lender").
THIS ADDENDUM supersedes and replaces Section 6 (A) of the Note. This Addendum does not supersede, replace or revise any other Section of the Note.
6 . BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 11 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest or $24.00 (whichever is greater)
I will pay this late charge promptly but only once on each late payment.
Abolghasem M Rezaei
2/28/25
