BOKF, N.A. dba Bank of Oklahoma v. Walter Douglas Hoehn, Sr.

IN THE DISTRICT COURT OF CREEK COUNTY STATE OF OKLAHOMA BOKF, N.A. dba Bank of Oklahoma, vs. WALTER DOUGLAS HOEHN, SR., HOLLY ELIZABETH HOEHN, WALTER DOUGLAS HOEHN, SR., as Trustee of the Walter Douglas Hoehn, Sr. Revocable Living Trust, dated March 29, 1999, HOLLY ELIZABETH HOEHN, as Trustee of the Walter Douglas Hoehn, Sr. Revocable Living Trust, dated March 29, 1999, WALTER DOUGLAS HOEHN, SR., as Trustee of the Holly Elizabeth Hoehn Revocable Living Trust, dated March 29, 1999, HOLLY ELIZABETH HOEHN, as Trustee of the Holly Elizabeth Hoehn Revocable Living Trust, dated March 29, 1999, NATIONSTAR MORTGAGE, LLC, STATE OF OKLAHOMA ex rel. Oklahoma Tax Commission, Defendants. FILED IN DISTRICT COURT CREEK COUNTY SAPULPA OK MAR 09 2026 TIME ________200 Amanda VanOrsdol, COURT CLERK CASE NO. CJ -2026- Judge: CJ 2026-97 LAWRENCE PARISH PETITION COMES NOW the Plaintiff and for its causes of action against the Defendants, alleges and states as follows: 1. Plaintiff, BOKF, N.A. dba Bank of Oklahoma, was at all times hereinafter mentioned, and now is duly organized, existing and authorized to bring this action. 2. This Court has jurisdiction for this cause of action and venue is proper in this Court. 3. That the Plaintiff does not know, and with due diligence is unable to ascertain, the true and correct name(s) of the individuals occupying the Subject Property, and therefore sues said individuals by the names of Occupants of the Premises, whose true and correct names are unknown to Plaintiff. That said individuals are made party Defendants herein to foreclose any right, title, or interest which they may have or claim to have in and to the Subject Property and premises herein sued upon by reason of their occupancy. 4. That the following Defendant may claim some right, title, lien, estate, encumbrance, claim, assessment or interest in and to the Subject Property: NATIONSTAR MORTGAGE, LLC, by virtue of the Mortgage recorded with the Creek County Clerk in Book 1056 at Page 902 on October 20, 2016 and assigned to said Defendant on January 29, 2026, by the Assignment of Mortgage recorded in Book 1606 at Page 793. Defendant’s interest appears to be superior to the interest of the Plaintiff and any sale will be subject to Defendant’s interest. 5. That the following Defendant may claim some right, title, lien, estate, encumbrance, claim, assessment or interest in and to the Subject Property: STATE OF OKLAHOMA ex rel. Oklahoma Tax Commission by virtue of Tax Len 2028259328 recorded with the Creek County Clerk on March 18, 2025 in Book 1545 at Page 326, by virtue of Tax Len 410789888 recorded with the Creek County Clerk on September 5, 2025 in Book 1578 at Page 959, and by virtue of Tax Len 494651392 recorded with the Creek County Clerk on September 5, 2025 in Book 1578 at Page 950. Plaintiff asserts that any right, title or interest claimed by Defendant is subordinate and inferior to the mortgage liens claimed by the Plaintiff. Plaintiff prays to the Court that said Defendants be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the Subject Property or be forever barred. 6. On the 21st day of November, 2024, Defendant, Walter Douglas Hoehn, Sr., made, executed and delivered to Plaintiff a Home Equity Line of Credit Account Agreement with Smartlock Loan Option ("Note"), in writing, promising and agreeing to pay to the holder thereof the principal sum of up to the credit line of $72,500.00 plus interest thereon at a variable rate on the unpaid balance, payable in variable monthly installments, to be applied first to the interest on the unpaid balance and the remainder to the principal until said debt is paid in full (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit “A” and made a part hereof, as if incorporated herein in full. 7. That as part and parcel of the same transaction, and for the purpose of securing the payment of the Note and all of the indebtedness evidenced thereby, the Defendants, Walter Douglas Hoehn, Sr. and Holly Elizabeth Hoehn, individually, and as Trustees, made, executed, and delivered to Plaintiff, a real estate mortgage (the "Mortgage") covering the following described real estate in Creek County, Oklahoma, to-wit: Lot Three (3) in Block Two (2) in South Country Estates 4th, an addition in the West Half of the Northwest Quarter of the Northwest Quarter (W/2, NE/4 NW/4) and the Northwest Quarter of the Northwest Quarter (NW/4, NW/4) and also a resubdivision of Lot 16, Block 3, and Lots 14 and 15, Block 4, South Country Estates 3rd, all in Section 16, Township 18 North, Range 12 East, according to the recorded plat thereof. Said Mortgage was duly recorded in Book 1547 at Page 85 in the office of the County Clerk of Creek County, Oklahoma on March 27, 2025. The mortgage tax due on said Mortgage, as provided by the laws of the State of Oklahoma, has been paid, as evidenced by the endorsement thereon. A true and correct copy of the Mortgage is attached hereto, marked Exhibit “B” and made a part hereof, as if incorporated herein in full. 8. That the mortgage should be reformed to: Lot Three (3) in Block Two (2) in South Country Estates 4th, an addition in the West Half of the Northeast Quarter of the Northwest Quarter (W/2, NE/4 NW/4) and the Northwest Quarter of the Northwest Quarter (NW/4, NW/4) and also a resubdivision of Lot 16, Block 3, and Lots 14 and 15, Block 4, South Country Estates 3rd, all in Section 16, Township 18 North, Range 12 East of the Indian Base and Meridian, Creek County, State of Oklahoma, according to the recorded plat thereof. (the “Subject Property”) 9. That Plaintiff has complied with all of the terms, conditions precedent and provisions of said Note and Mortgage and is duly empowered to bring this suit. 10. That said Mortgage provides that, in addition to the monthly payments of principal and interest as provided in said Note, the Mortgagors will pay on the day monthly payments of principal and interest are payable under the Note, installments of taxes, assessments, hazard insurance, and mortgage insurance premiums relating to said property and said Mortgage. 11. That said Note and Mortgage provide that if default be made in payment of any of the monthly installments, or on failure or neglect to keep or perform any of the other conditions and covenants of the 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 expenses and all costs. 12. That default has been made upon said Note and Mortgage in that the installments due September 1, 2025 and thereafter have not been paid. 13. By reason of the default, aforesaid, Plaintiff will be required to pay abstracting charges and other title search expenses during the pendency of this action, and Plaintiff, as provided in the Note and Mortgage, is entitled to reimbursement for these costs. 14. That said Note and Mortgage provide that in case of a foreclosure of said Mortgage and as often as any proceedings shall be taken to foreclose the same, the makers will pay an attorney's fee as therein provided, and that the same shall be a further charge and lien on said premises. 15. That after allowing all just credits there is due to Plaintiff on said Note and Mortgage the principal sum of $68,134.26 plus interest thereon accrued thereon through March 3, 2026 in the amount of $4,893.08 plus interest accruing thereafter at the variable contract rate per annum until paid, with title expenses with interest thereon, until paid, and a reasonable attorney's fee, and for 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, expenses and attorney's fees incurred in any bankruptcy instituted by any particular Defendants and all expenses, costs and attorney's fees of execution and sale on any judgment hereafter entered in this cause, including poundage upon sale for which said Mortgage is a first, prior and superior lien upon the real estate and premises above described. 16. That said Mortgage specifically provides that appraisement of said property is expressly waived or not waived at the option of the mortgagee. 17. That said interest or claims arising by reason of the foregoing facts and circumstances, as well as any other right, title or interest which the Defendants named herein, or any or either of them have or claim to have, in or to the Subject Property and premises is subsequent, junior and inferior to the Mortgage and lien of the Plaintiff. WHEREFORE, premises considered Plaintiff prays that it have judgment in personam against the Defendant, Walter Douglas Hoehn, Sr., and judgment in rem as to all Defendants in the principal sum of $68,134.26, plus interest thereon accrued through March 3, 2026, in the amount of $4,893.08 plus interest accruing thereafter at the variable contract rate per annum until paid, a reasonable attorney's fee, plus abstracting expenses, plus advances for taxes, insurance, property preservation, late charges and court costs, accrued and accruing during the pendency of this action. Plaintiff prays for a further judgment as to the Defendants, adjudging: That Plaintiff's Mortgage be reformed and constitutes a valid first, prior, and superior lien upon the Subject Property, ordering the lien of the Mortgage be foreclosed for said sums and against each Defendant, and that the Subject Property be ordered sold, with or without appraisement as elected by Plaintiff at the time judgment is rendered, with the proceeds of said sale applied first to the costs herein, then to the payment and satisfaction of Plaintiff's claim and judgment, with the surplus, if any, paid into Court to abide further order, and judgment determining the right, title, and interest of any and each of the Defendants and any person or entity claiming by or through them in and to the Subject Property, be subject, junior, and inferior to the Mortgage lien of Plaintiff, except as set forth above with respect to NATIONSTAR MORTGAGE, LLC, and adjudging upon confirmation of the sale of the property, all of the said Defendants, and all persons or entities claiming by, through or under them, or any of them, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to said property, or any part thereof, except as set forth above with respect to NATIONSTAR MORTGAGE, LLC.; and such other and further relief as the Court may deem just and equitable under the circumstances. RIGGS ABNEY, NEAL TURPEN, ORBISON & LEWIS By: Ryan J. Assink, OBA #17568 502 W. 6th Street, Tulsa, OK 74119 Phone: (918) 587-3161 Fax: (888) 399-1873 Email: [email protected] ATTORNEYS FOR PLAINTIFF THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION STATE OF OKLAHOMA ) COUNTY OF TULSA ) ss. Ryan J. Assink, of lawful age, being first duly sworn, upon his oath states that he is the attorney for Plaintiff herein, that he has read the above and foregoing document and that the contents thereof are true and correct to the best of his knowledge and belief. Ryan J. Assink, OBA #17568 Subscribed and sworn to before me this 3rd day of March, 2026. MANDY J. WADE Notary Public in and for STATE OF OKLAHOMA Commission #04007193 Expires: 08-10-2028 Notary Public HOME EQUITY LINE OF CREDIT ACCOUNT AGREEMENT WITH SMARTLOCK LOAN OPTION Agreement Date: November 21, 2024 Borrower: Walter Douglas Hoehn Sr Property Address: 4528 W 83RD ST, Tulsa, OK 74132-3018 Lender: BOKF, NA DBA Bank of Oklahoma Account Number: 6632384 Credit Line: $72,500.00 First Payment Date: January 1, 2025 Maturity Date: December 1, 2049 Introduction. This Home Equity Line of Credit Account Agreement with SmartLock Loan Option ("Agreement") governs your line of credit (the "Credit Line" or the "Credit Line Account") issued through BOKF, NA DBA Bank of Oklahoma. In this Agreement, the words "Borrower," "you," "your," and "Applicant" mean each and every person who signs this Agreement, including all Borrowers named above. The words "we," "us," "our," and "Lender" mean BOKF, NA DBA Bank of Oklahoma. You agree to the following terms and conditions: Promise to Pay. You promise to pay BOKF, NA DBA Bank of Oklahoma, or order, the total of all credit advances and FINANCE CHARGES, together with all costs and expenses for which you are responsible under this Agreement or under the "Mortgage" which secures your Credit Line. You will pay your Credit Line according to the payment terms set forth below. If there is more than one Borrower, each is jointly and severally liable on this Agreement. This means we can require any Borrower to pay all amounts due under this Agreement, including credit advances made to any Borrower. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Credit Line, to request and receive credit advances, and to do all other things necessary to carry out the terms of this Agreement. We can release any Borrower from responsibility under this Agreement, and the others will remain responsible. Term. The term of your Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue as follows: until the earlier of (i) the expiration of the term of the Second Payment Stream, as defined below, (ii) you cancel your Credit Line, or (iii) we terminate your Credit Line under the remaining provisions hereof. All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and payable at the end of this term. The draw period of your Credit Line will begin on November 26, 2024 (the "Effective Disbursement Date") and will continue as follows: For a term of 10 years. You may obtain credit advances during this period ("Draw Period"). After the Draw Period ends, the repayment period will begin, and you will no longer be able to obtain credit advances. The length of the repayment period is as follows: 15 years (180 months) beginning at the expiration of the Draw Period. You agree that we may renew or extend the period during which you may obtain credit advances or make payments. You further agree that we may renew or extend your Credit Line Account. Minimum Payment. Your "Regular Payment" will be based on a percentage of your outstanding balance as shown below or $100.00, whichever is greater ("First Payment Stream"). Your payments will be due monthly beginning January 1, 2025. <table> <tr> <th>Range Of Balances</th> <th>Number of Payments</th> <th>Regular payment Calculation</th> </tr> <tr> <td>All Balances</td> <td>120</td> <td>1.5% of your outstanding balance</td> </tr> </table> Your "Minimum Payment" will be the Regular Payment, plus any amount past due and all other charges. A change in the ANNUAL PERCENTAGE RATE can cause the balance to be repaid more quickly or more slowly. When rates decrease, less interest is due, so more of the payment repays the principal balance. When rates increase, more interest is due, so less of the payment repays the principal balance. If this happens, we may adjust your payment as follows: your balance at the beginning of the next payment stream may be increased. Each time the ANNUAL PERCENTAGE RATE increases, we will check to see if your payment is sufficient to pay the interest due. If it is not, your payment will be increased by an amount sufficient to cover all accrued FINANCE CHARGES. After completion of the First Payment Stream, your "Regular Payment" will be based on your outstanding balance as shown below or $100.00, whichever is greater ("Second Payment Stream"). Your payments will be due monthly. <table> <tr> <th>Range Of Balances</th> <th>Number of Payments</th> <th>Amortization Period</th> </tr> <tr> <td>All Balances</td> <td>180</td> <td>180 payments</td> </tr> </table> Your "Minimum Payment" will be the Regular Payment, plus any amount past due and all other charges. A change in the ANNUAL PERCENTAGE RATE can cause the balance to be repaid more quickly or more slowly. When rates decrease, less interest is due, so more of the payment repays the principal balance. When rates increase, more interest is due, so less of the payment repays the principal balance. If this happens, we may adjust your payment as follows: your payment may be increased by the amount necessary to repay the balance by the end of this payment stream. Each time the ANNUAL PERCENTAGE RATE changes, we will review the effect the change has on your Credit Line Account to see if your payment is sufficient to pay the balance by the Maturity Date. If it is not, your payment will be increased by an amount necessary to repay the balance by the Maturity Date. You agree to pay not less than the Minimum Payment on or before the due date indicated on your periodic billing statement. How Your Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to Finance Charges; then to unpaid principal; and then to late charges and other charges. Receipt of Payments. All payments must be made in U.S. dollars and must be received by us consistent with any payment instructions provided on or with your periodic billing statement. If a payment is made consistent with our payment Instructions but received after 5:00 PM Central Time on a business day, we will apply your payment to your Credit Line on the next business day. Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Seventy-Two Thousand Five Hundred And 00/100 Dollars ($72,500.00), which will be your "Credit Limit" under this Agreement. During the Draw Period we will honor your request for credit advances subject to the section below on Lender's Rights. You may borrow against the Credit Line, repay any portion of the amount borrowed, and re-borrow up to the amount of the Credit Limit. Your Credit Limit is the maximum amount you may have outstanding at any one time. Our obligation to make credit advances under this Agreement is obligatory and the Mortgage will secure your obligation to pay, up to your Credit Limit plus any overage. The balance on your Credit Line may go up to your Credit Limit and down to zero, and fluctuate in between, as credit advances are made and payments are received, and at all times be secured by the Mortgage. The Mortgage will be initially limited to the Credit Limit (plus FINANCE CHARGES, any overage, and charges), but if your Credit Limit is changed, the Mortgage will secure your obligation to pay the amended Credit Limit. You agree not to attempt, request, or obtain a credit advance that will make your Credit Line Account balance exceed your Credit Limit. Your Credit Limit will not be increased should you overdraw your Credit Line Account. If you exceed your Credit Limit, you agree to repay immediately the amount by which your Credit Line Account exceeds your Credit Limit, even if we have not yet billed you. The Mortgage also secures overages beyond the Credit Limit and any credit advances we make to protect the security unless to do so would cause us to be in violation of a consumer protection law, in which case we waive security for such debt but only to the extent necessary to avoid a violation. Charges to your Credit Line. We may charge your Credit Line to pay other fees and costs that you are obligated to pay under this Agreement, the Mortgage or any other document related to your Credit Line. In addition, we may charge your Credit Line for funds required for continuing insurance coverage as described in the paragraph titled "Insurance" below or as described in the Mortgage for this transaction. We may also, at our option, charge your Credit Line to pay any costs or expenses to protect or perfect our security interest in your principal dwelling. These costs or expenses include, without limitation, payments to cure defaults under any existing liens on your principal dwelling. If you do not pay your property taxes, we may charge your Credit Line and pay the delinquent taxes. Any amount so charged to your Credit Line will be a credit advance and will decrease the funds available, if any, under the Credit Line. However, we have no obligation to provide any of the credit advances referred to in this paragraph. Credit Advances. Beginning on the Effective Disbursement Date of this Agreement, you may obtain credit advances under your Credit Line as follows: Credit Line Checks. Writing a preprinted "Line of Credit Check" that we will supply to you. Telephone Request. Requesting a credit advance from your Credit Line to be applied to your designated account by telephone. Except for transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreement, you acknowledge and you agree that we do not accept responsibility for the authenticity of telephone instructions and that we will not be liable for any loss, expense, or cost arising out of any telephone request, including any fraudulent or unauthorized telephone request, when acting upon such instructions believed to be genuine. Requests By Mail. Requesting an advance by mail. Requests in Person. Requesting a credit advance in person at any of our authorized locations. If there is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one Borrower telling us not to give advances to the other. Limitations on the Use of Checks. We reserve the right not to honor Line of Credit Checks in the following circumstances: Credit Limit Violation. Your Credit Limit has been or would be exceeded by paying the Line of Credit Check. Post-dated Checks. Your Line of Credit Check is post-dated. If a post-dated Line of Credit Check is paid and as a result any other check is returned or not paid, we are not responsible. Stolen Checks. Your Line of Credit Checks have been reported lost or stolen. Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the Line of Credit Check. If we pay any Line of Credit Check under these conditions, you must repay us, subject to applicable laws, for the amount of the Line of Credit Check. The Line of Credit Check itself will be evidence of your debt to us together with this Agreement. Our liability, if any, for wrongful dishonor of a check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is not wrongful dishonor. We may choose not to return Line of Credit Checks along with your periodic billing statements; however, your use of each Line of Credit Check will be reflected on your periodic statement as a credit advance. We do not "certify" Line of Credit Checks drawn on your Credit Line. Transaction Requirements. The following transaction limitations will apply to the use of your Credit Line: Credit Line Line of Credit Check Limitations. The following transaction limitations will apply to your Credit Line and the writing of Line of Credit Checks. Other Transaction Requirements. You may write a special Line of Credit Check which we will provide to you. You may request an Advance of all or part of your credit line at any time, subject to the terms of this Agreement. Limitation on All Access Devices. You may not use any access device, whether described above or added in the future, for any illegal or unlawful transaction, and we may decline to authorize any transaction that we believe poses an undue risk of illegality or unlawfulness. Notwithstanding the foregoing, we may collect on any debt arising out of any illegal or unlawful transaction. Authorized Signers. The words "Authorized Signer" on Line of Credit Checks as used in this Agreement mean and include each person who (a) signs the application for this Credit Line, (b) signs this Agreement, or (c) has executed a separate signature authorization card for the Credit Line Account Lost Line of Credit Checks. If you lose your Line of Credit Checks or if someone is using them without your permission, you agree to let us know immediately. The fastest way to notify us is by calling us at (866) 910-5224. You also can notify us at BOKF, NA DBA Bank of Oklahoma P.O. Box 21368, Tulsa, OK 74121-1368. Prohibited Use. You agree not to use any Credit Line credit advances to make payments on your Credit Line. You further agree not to use any Credit Line credit advances to finance or refinance the purchase of a one-to-four family dwelling, if the advances are secured by a lien on that dwelling. Future Credit Line Services. Your application for this Credit Line also serves as a request to receive any new services (such as access devices) which may be available at some future time as one of our services in connection with this Credit Line. You understand that this request is voluntary and that you may refuse any of these new services at the time they are offered. You further understand that the terms and conditions of this Agreement will govern any transactions made pursuant to any of these new services. Collateral. You acknowledge this Agreement is secured by the following collateral described in the security instrument listed herein: a Mortgage dated November 21, 2024, to us on real property located in TULSA County, State of Oklahoma. Insurance. You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain property insurance through any company of your choice that is reasonably satisfactory to us. You have the option of providing any insurance required under this Agreement through an existing policy or a policy independently obtained and paid for by you, subject to our right, for reasonable cause before credit is extended, to decline any insurance provided by you. Subject to applicable law, if you fail to obtain or maintain insurance as required in the Mortgage, we may purchase insurance to protect our own interest, add the premium to your balance, pursue any other remedies available to us, or do any one or more of these things. Right of Setoff. To the extent permitted by applicable law, we reserve a right of setoff in all your accounts with us (whether checking, savings, or some other account), including without limitation, all accounts you may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. You authorize us, to the extent permitted by applicable law, to charge or setoff all sums owing on this Agreement against any and all such accounts. Periodic Statements. If you have a balance owing on your Credit Line Account or have any account activity, we will send you a periodic statement, unless prohibited by applicable law. It will show, among other things, credit advances, FINANCE CHARGES, other charges, payments made, other credits, your "Previous Balance," and your "New Balance." Your statement also will identify the Minimum Payment you must make for that billing period and the date it is due. When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the date of the credit advance. There is no "free ride period" which would allow you to avoid a FINANCE CHARGE on your Credit Line credit advances. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all credit advances made under your Credit Line imposed from the date of each credit advance based on the "daily balance" method. To get the daily balance, we take the beginning balance of your Credit Line Account each day, add any new advances, and subtract any unpaid FINANCE CHARGES and any payments or credits. This gives us the "daily balance." Method of Determining the Amount of FINANCE CHARGE. Any periodic FINANCE CHARGE is determined by applying the "Periodic Rate" to the balance described herein. Then we add together the periodic FINANCE CHARGES for each day in the billing cycle. This is your FINANCE CHARGE calculated by applying a Periodic Rate. You also agree to pay FINANCE CHARGES, not calculated by applying a Periodic Rate, as set forth below: Additional Finance Charges. The following additional FINANCE CHARGES will be charged to your Credit Line or paid in cash: Processing Fee: $350.00 Any additional FINANCE CHARGES shown above as "Financed" (not paid in cash) will be charged to your Credit Line and treated as a credit advance on which periodic FINANCE CHARGES will accrue, and will decrease the funds available under the Credit Limit. Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. We will determine the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE as follows. We start with an independent index which is The Wall Street Journal Prime Rate (the "Index"). We will use the most recent Index value available to us as of 60 days prior to any ANNUAL PERCENTAGE RATE adjustment. The Index is not necessarily the lowest rate charged by us on our loans. If the Index becomes unavailable during the term of this Agreement, we may designate a substitute Index and add a margin upon notice to you. To determine the Periodic Rate that will apply to your First Payment Stream, we take the value of the Index, then divide the value by 365 days. To obtain the ANNUAL PERCENTAGE RATE we multiply the Periodic Rate by the number of days in a year (366 during leap years). This result is the ANNUAL PERCENTAGE RATE for your First Payment Stream. To determine the Periodic Rate that will apply to your Second Payment Stream, we take the value of the Index, then divide the value by 365 days. To obtain the ANNUAL PERCENTAGE RATE we multiply the Periodic Rate by the number of days in a year (366 during leap years). This result is the ANNUAL PERCENTAGE RATE for your second Payment Stream. The ANNUAL PERCENTAGE RATE includes only interest and no other costs. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will increase or decrease as the Index increases or decreases from time to time. Any increase in the Periodic Rate will take the form of higher payment amounts. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect on the day the Index changes. In no event will the Periodic Rate result in a corresponding ANNUAL PERCENTAGE RATE that is more than 18.000%, nor will the Periodic Rate or corresponding ANNUAL PERCENTAGE RATE exceed the maximum rate allowed by applicable law. Today the Index is 7.750% per annum, and therefore the initial Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line are as stated below: Current Rates for the First Payment Stream <table> <tr> <th>Range of Balance or Conditions</th> <th>Margin Added to Index</th> <th>ANNUAL PERCENTAGE RATE</th> <th>Daily Periodic Rate</th> </tr> <tr> <td>All Balances</td> <td>3.650%</td> <td>11.400%</td> <td>0.031%</td> </tr> </table> Current Rates for the Second Payment Stream <table> <tr> <th>Range of Balance or Conditions</th> <th>Margin Added to Index</th> <th>ANNUAL PERCENTAGE RATE</th> <th>Daily Periodic Rate</th> </tr> <tr> <td>All Balances</td> <td>3.650%</td> <td>11.400%</td> <td>0.031%</td> </tr> </table> Notwithstanding any other provision of this Agreement, we will not charge interest on any undisbursed loan proceeds, except as may be permitted during any Right of Rescission period. Conversion Option. This Agreement contains an option to convert all or a portion of the variable rate principal balance along with accrued interest, fees, the SmartLock Loan Option conversion fee and any voluntary insurance charge to a fixed rate and fixed payment (the "SmartLock Loan Option") at any time during the SmartLock Eligibility Conversion Period. The following information describes the terms and features of the conversion option available under this Agreement: ANNUAL PERCENTAGE RATE Increase. Your ANNUAL PERCENTAGE RATE may increase if you exercise this option to convert to a fixed rate. Eligibility Conversion Period. You can exercise the option to convert to a fixed rate only during the following period or periods: You can exercise your option to convert to a fixed rate and fixed payment thirty (30) calendar days from the HELOC account opening date and at any time thereafter during the Draw Period or Repayment Period. Conversion Fees. You will be required to pay the following fees at the time of conversion to a fixed rate: The Lender may charge a fee of up to $50.00 per conversion. Rate Determination. The fixed rate will be determined as follows: The fixed rate for the SmartLock Loan Option will be determined by applying the current rate for a home equity installment loan based on the loan amount and the term requested at the time the SmartLock Loan Option confirmation is received by our bank. However, in no event will the ANNUAL PERCENTAGE RATE for a SmartLock Loan Option exceed the lesser of 18.000% or the maximum rate allowed by law. Conversion Rules. You can convert to a fixed rate only during the period or periods described above. In addition, the following rules apply to the conversion option under this Agreement: You can convert any or all of your variable rate principal balance to a fixed rate and fixed payment at any time during the SmartLock Eligibility Conversion Period. The minimum amount which can be converted is (i) $5,000 for a SmartLock Loan option term of less than 120 months, and (ii) $10,000 for a SmartLock Loan Option term of 120 months or greater. The term for any SmartLock Loan Option cannot exceed the lesser of 240 months or the combined remaining terms of the Draw and Repayment periods. You may not have more than three (3) SmartLock Loan Options in existence (open) at any one time. If you payoff and close a SmartLock Loan Option you will need to wait until your next billing period to exercise any additional SmartLock Loan Options. The SmartLock Loan Option payments will be a minimum monthly payment that will be an amount sufficient to repay the principal amount of the SmartLock Loan Option(s) amounts, conversion fees, and interest at the ANNUAL PERCENTAGE RATE applicable in substantially equal monthly payments by the end of the SmartLock Loan Option term. After a SmartLock Loan Option is exercised, your Minimum Payment each month will be the "Minimum Payment" described above for your Credit Line plus the minimum monthly payments for all SmartLock Loan Options in existence. Minimum Payments and/or additional Principal Payments will first be applied to the Line of Credit and then to each Lock Option in the order in which the Lock Option was exercised. The outstanding principal balances of your SmartLock Loan Options are allocated against your Credit Limit under the Credit Line. As you reduce the outstanding principal balance of a SmartLock Loan Option, that amount becomes available to re-borrow under the terms and conditions of the Credit Line. Conditions Under Which Other Charges May Be Imposed. You agree to pay all the other fees and charges related to your Credit Line as set forth below: Annual Fee. A nonrefundable Annual Fee of $50.00 will be charged to your Credit Line at the following time: Annually. Payment of Closing Costs. If you elect to finance the closing costs associated with your Credit Line (such as title insurance premiums, appraisal fees, credit report fees, and recording fees), the total of these charges will reflect as an advance against your Credit Line on your first periodic billing statement. Late Charge. Your payment will be late if it is not received by us within 15 days after the "Payment Due Date" shown on your periodic statement. If your payment is late we may charge you 5.000% of the unpaid amount of the payment or $25.00, whichever is less. Permissibility of Fees. In regard to any other fees, the absence of express authority in the Security Instrument to charge a specific fee to Borrower should not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by the Security Instrument or by Applicable Law. Lender's Rights. Under this Agreement, we have the following rights: Termination and Acceleration. We can terminate your Credit Line Account and require you to pay us the entire outstanding balance in one payment, and charge you certain fees, if any of the following happen: (1) You commit fraud or make a material misrepresentation at any time in connection with this Credit Agreement. This can include, for example, a false statement about your income, assets, liabilities, or any other aspects of your financial condition. (2) You do not meet the repayment terms of this Credit Agreement. (3) Your action or inaction adversely affects the collateral for the line or our rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without our permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. Suspension or Reduction. In addition to any other rights we may have, we can suspend additional extensions of credit or reduce your Credit Limit during any period in which any of the following are in effect: (1) The value of your property declines significantly below the property's appraised value for purposes of this Credit Line Account. This includes, for example, a decline such that the initial difference between the Credit Limit and the available equity is reduced by fifty percent and may include a smaller decline depending on the individual circumstances. (2) We reasonably believe that you will be unable to fulfill your payment obligations under your Credit Line Account due to a material change in your financial circumstances. (3) You are in default under any material obligations of this Credit Line Account. We consider all of your obligations to be material. Categories of material obligations include the events described above under Termination and Acceleration, obligations to pay fees and charges, obligations and limitations on the receipt of credit advances, obligations concerning maintenance or use of the property or proceeds, obligations to pay and perform the terms of any other deed of trust, mortgage or lease of the property, obligations to notify us and to provide documents or information to us (such as updated financial information), obligations to comply with applicable laws (such as zoning restrictions), and obligations of any comaker. (4) We are precluded by government action from imposing the ANNUAL PERCENTAGE RATE provided for under this Agreement. (5) The priority of our security interest is adversely affected by government action to the extent that the value of the security interest is less than one hundred twenty percent (120%) of the Credit Limit. (6) We have been notified by governmental authority that continued advances may constitute an unsafe and unsound business practice. Change in Terms. We may make changes to the terms of this Agreement if you agree to the change in writing at that time, if the change will unequivocally benefit you throughout the remainder of your Credit Line Account, or if the change is insignificant (such as changes relating to our data processing systems). We may prohibit additional extensions of credit or reduce your Credit Limit during any period in which the maximum ANNUAL PERCENTAGE RATE under your Credit Line Account is reached. Collection Costs. We may hire or pay someone else who is not our salaried employee to help collect this Agreement if you do not pay. You will pay us that amount. This includes, subject to any limits under applicable law, our attorneys' fees and our legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, you also will pay any court costs, in addition to all other sums provided by law. Access Devices. If your Credit Line is suspended or terminated, you must immediately return to us all Line of Credit Checks and any other access devices. Any use of Line of Credit Checks or other access devices following suspension or termination may be considered fraudulent. You will also remain liable for any further use of Line of Credit Checks or other Credit Line access devices not returned to us. Delay in Enforcement. We may delay or waive the enforcement of any of our rights under this Agreement without losing that right or any other right. If we delay or waive any of our rights, we may enforce that right at any time in the future without advance notice. For example, not terminating your account for non-payment will not be a waiver of our right to terminate your account in the future if you have not paid. Cancellation by you. If you cancel your right to credit advances under this Agreement, you must notify us in writing at the address shown on your periodic billing statement or other designated address and return all Line of Credit Checks and any other access devices to us. Merely paying your Credit Line in full, without an accompanying written notice, will not be a cancellation. Despite cancellation, your obligations under this Agreement will remain in full force and effect until you have paid us all amounts due under this Agreement. Prepayment. You may prepay all or any amount owing under this Credit Line at any time without penalty, except we will be entitled to receive all accrued FINANCE CHARGES, and other charges, if any. Payments in excess of your Minimum Payment will not relieve you of your obligation to continue to make your Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Line. You agree not to send us payments marked "paid in full", "without recourse", or similar language. If you send such a payment, we may accept it without losing any of our rights under this Agreement, and you will remain obligated to pay any further amount owed to us. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: BOKF, NA DBA Bank of Oklahoma, P.O. Box 21368, Tulsa, OK 74121-1368. Notices. All notices will be sent to your address as shown in this Agreement. Notices will be mailed to you at a different address if you give us written notice of a different address. You agree to advise us promptly if you change your mailing address. Credit Information and Related Matters. You authorize us to release information about you to third parties as described in our privacy policy and our Fair Credit Reporting Act notice, provided you did not opt out of the applicable policy, or as permitted by law. You agree that, upon our request, you will provide us with a current financial statement, a new credit application, or both, on forms provided by us. You also agree: we may obtain credit reports on you at any time, at our sole option and expense, for any reason, including but not limited to determining whether there has been an adverse change in your financial condition. We may require a new appraisal of the Property which secures your Credit Line at any time, including an internal inspection, at our sole option and expense. Transfer or Assignment. Without prior notice or approval from you, we reserve the right to sell or transfer your Credit Line Account and our rights and obligations under this Agreement to another lender, entity, or person, and to assign our rights under the Mortgage. Your rights under this Agreement belong to you only and may not be transferred or assigned. Your obligations, however, are binding on your heirs and legal representatives. Upon any such sale or transfer, we will have no further obligation to provide you with credit advances or to perform any other obligation under this Agreement. Tax Consequences. You understand that neither we, nor any of our employees or agents, make any representation or warranty whatsoever concerning the tax consequences of your establishing and using your Credit Line, including the deductibility of interest, and that neither we nor our employees or agents will be liable in the event interest on your Credit Line is not deductible. You should consult your own tax advisor for guidance on this subject. Notify Us of Inaccurate Information We Report To Consumer Reporting Agencies. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: BOKF, NA DBA Bank of Oklahoma P.O. Box 35688, Tulsa, OK 74153-0688. Jury Waiver. We and you hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either us or you against the other. PAYMENT INFORMATION. PAYMENTS SHOULD BE REMITTED TO: BOKF, NA DBA Bank of Oklahoma, P.O. Box 21368, Tulsa, OK 74121-1368. If a payment is made consistent with the written payment instructions provided by Lender and received on a business day by 5:00 p.m. Central Time, the payment will be applied that day. If a payment received on a business day after 5:00 p.m., the payment may be applied the following business day. Expenses. Borrower agrees to pay to Lender on demand the amount of all costs, fees and expenses paid, incurred or charged by Lender in connection with Lender's administration of the Loan, the preparation of documents and instruments related to the Loan, and the filing or recordation of any financing statements, documents and instruments required for perfection of any collateral. You also agree to pay any fees associated with the preparation and recording of a satisfaction of the instrument. ANNUAL FEE BILLING INFORMATION. The Annual Fee on your line of credit will be assessed annually and on the same date each year thereafter until the end of the Draw Period. Governing Law. This Agreement will be governed by federal law applicable to us and, to the extent not preempted by federal law, the laws of the State of Oklahoma without regard to its conflicts of law provisions. This Agreement has been accepted by us in the State of Oklahoma. Choice of Venue. If there is a lawsuit, you agree upon our request to submit to the jurisdiction of the courts of TULSA County, State of Oklahoma. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Interpretation. You agree that this Agreement, together with the Mortgage, is the most reliable evidence of your agreements with us. If we go to court for any reason, we can use a copy, filmed or electronic, of any periodic statement, this Agreement, the Mortgage or any other document to prove what you owe us or that a transaction has taken place. The copy, microfilm, microfiche, or optical image will have the same validity as the original. You agree that, except to the extent you can show there is a billing error, your most current periodic statement is the most reliable evidence of your obligation to pay. Severability. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable. Acknowledgment. You understand and agree to the terms and conditions in this Agreement. By signing this Agreement, you acknowledge that you have read this Agreement. You also acknowledge receipt of a completed copy of this Agreement, including the Fair Credit Billing Notice and the early home equity line of credit application disclosure, in addition to the handbook entitled "What you should know about Home Equity Lines of Credit," given with the application. BORROWER: Holly Elizabeth Hoehn, INDIVIDUALLY AND AS TRUSTEE OF THE Walter Douglas Hoehn, Sr. Revocable Living Trust UNDER TRUST INSTRUMENT DATED March 29, 1999 FOR THE BENEFIT OF Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr. Walter Douglas Hoehn Sr., INDIVIDUALLY AND AS TRUSTEE OF THE Walter Douglas Hoehn, Sr. Revocable Living Trust UNDER TRUST INSTRUMENT DATED March 29, 1999 FOR THE BENEFIT OF Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr. Holly Elizabeth Hoehn, INDIVIDUALLY AND AS TRUSTEE OF THE Holly Elizabeth Hoehn Revocable Living Trust UNDER TRUST INSTRUMENT DATED March 29, 1999 FOR THE BENEFIT OF Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr. Walter Douglas Hoehn Sr., INDIVIDUALLY AND AS TRUSTEE OF THE Holly Elizabeth Hoehn Revocable Living Trust UNDER TRUST INSTRUMENT DATED March 29, 1999 FOR THE BENEFIT OF Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr. BILLING ERROR RIGHTS YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify us in case of errors or questions about your bill. If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at BOKF, NA DBA Bank of Oklahoma P.O. Box 35688 Tulsa, OK 74153-0688 or at the address listed on your bill. Write to us as soon as possible. We must hear from you no later than sixty (60) days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: Your name and account number. The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three (3) business days before the automatic payment is scheduled to occur. Your rights and our responsibilities after we receive your written notice. We must acknowledge your letter within thirty (30) days, unless we have corrected the error by then. Within ninety (90) days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your Credit Limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date on which it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. After Recording Return To: BOKF, NA DBA Bank of Oklahoma ATTN: Post Closing 6242 E 41st Street Tulsa, OK 74135 (866) 910-5224 Prepared By: Sheryl Spurlock BOKF, NA DBA Bank of Oklahoma P.O. Box 35688 Tulsa, OK 74153 (866) 910-5224 MORTGAGE TAX PAID $72.50 MORTGAGE TAX CERTIFICATION FEE $5.00 REC. # 1751 DATE MAR 27 2025 CREEK COUNTY, OK RICK ENGLEMAN, TREASURER DEPUTY [Space Above This Line For Recording Data] MORTGAGE WITH POWER OF SALE (Line of Credit) A power of sale has been granted in this Mortgage. A power of sale may allow the mortgagee to take the mortgaged property and sell it without going to court in a foreclosure action upon default by the Mortgagor under this Mortgage. THIS MORTGAGE, dated November 21, 2024, is between An undivided One-half (1/2) interest unto Walter Douglas Hoehn, Sr. and Holly Elizabeth Hoehn, Trustees of the Walter Douglas Hoehn, Sr. Revocable Living Trust, dated March 29, 1999, and an undivided One-half (1/2) interest unto Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr., Trustees of the Holly Elizabeth Hoehn Revocable Living Trust, dated March 29, 1999 residing at 4528 W 83RD ST, Tulsa, OK 74132-3018, the person or persons signing as "Mortgagor(s)" below and hereinafter referred to as "we" or "us" and BOKF, NA DBA Bank of Oklahoma, with an address at P.O. Box 35688, Tulsa, OK, 74153 and hereinafter referred to as "you" or the "Mortgagee." MORTGAGED PREMISES: In consideration of the loan hereinafter described, we hereby mortgage, grant and convey to you the premises located at: 4528 W 83RD ST Street, Tulsa Municipality, Oklahoma, TULSA County 74132-3018 ZIP (the "Premises") and further described as: HELOC - OK Mortgage EX 1325.51 Lot Three (3) in Block Two (2) in South Country Estates 4th, an addition in the West half of the Northwest Quarter of the Northwest Quarter (W/2, NE/4, NW/4) and the Northwest Quarter of the Northwest Quarter (NW/4, NW/4) and also a resubdivision of Lot 16, Block 3, and Lots 14 and 15, Block 4, South Country Estates 3rd, all in Section 16, Township 18 North, Range 12 East, according to the recorded plat thereof. Parcel ID Number: 332100002000003000 The Premises includes all buildings and other improvements now or in the future on the Premises and all rights and interests which derive from our ownership, use or possession of the Premises and all appurtenances thereto, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or otherwise made appurtenant hereafter, and the reversions and remainders with respect thereto. LOAN: The Mortgage will secure your loan in the principal amount of $72,500.00 or so much thereof as may be advanced and readvanced from time to time to Walter Douglas Hoehn Sr and Holly Elizabeth Hoehn the Borrower(s) under the Home Equity Line of Credit Agreement and Disclosure Statement (the "Agreement") dated November 21, 2024, plus interest and costs, late charges and all other charges related to the loan, all of which sums are repayable according to the Agreement, which has a maturity date of December 1, 2049. This Mortgage will also secure the performance of all of the promises and agreements made by us and each Borrower and Co-Signer in the Agreement, all of our promises and agreements in this Mortgage, any extensions, renewals, amendments, supplements and other modifications of the Agreement, and any amounts advanced by you under the terms of the section of this Mortgage entitled "Our Authority To You." Loans under the Agreement may be made, repaid and remade from time to time in accordance with the terms of the Agreement and subject to the Credit Limit set forth in the Agreement. A zero balance due under the Agreement will not terminate this mortgage so long as the Agreement has not been terminated. ADVANCES: All advances made us by you under the Agreement, whether at or subsequent to the time of signing or filing this Mortgage are obligating advances secured by this Mortgage. All such obligating advances will have the same lien priority under this Mortgage as any funds initially advanced under the Agreement. OWNERSHIP: We are the sole owner(s) of the Premises. We have the legal right to mortgage the Premises to you. MORTGAGOR'S IMPORTANT OBLIGATIONS: (a) TAXES: We will pay all real estate taxes, assessments, water charges and sewer rents relating to the Premises when they become due. We will not claim any credit on, or make deduction from, the loan under the Agreement because we pay these taxes and charges. We will provide you with proof of payment upon request. (b) MAINTENANCE: We will maintain the building(s) on the Premises in good condition. We will not make major changes in the building(s) except for normal repairs. We will not tear down any of the building(s) on the Premises without first getting your consent. We will not use the Premises illegally. If this Mortgage is on a unit in a condominium or a planned unit development, we shall perform all of our obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development and constituent documents. (c) INSURANCE: We will keep the building(s) on the Premises insured at all times against loss by fire, flood and any other hazards you may specify. We may choose the insurance company, but our choice is subject to your reasonable approval. The policies must be for at least the amounts and the time periods that you specify. We will deliver to you upon your request the policies or other proof of the insurance. The policies must name you as "mortgagee" and "loss-payee" so that you will receive payment of all insurance claims, to the extent of your interest under this Mortgage, before we do. The insurance policies must also provide that you be given not less than 10 days prior written notice of any cancellation or reduction in coverage, for any reason. Upon request, we shall deliver the policies, certificates or other evidence of insurance to you. In the event of loss or damage to the Premises, we will immediately notify you in writing and file a proof of loss with the insurer. You may file a proof of loss on our behalf if we fail or refuse to do so. If you receive payment of a claim, you will have the right to choose to use the money either to repair the Premises or to reduce the amount owing on the Agreement. (d) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Premises, or part thereof, or for conveyance in lieu of condemnation, all of which shall be paid to you, subject to the terms of any mortgages that have priority to this Mortgage. (e) SECURITY INTEREST: We will join with you in signing and filing documents and, at our expense, in doing whatever you believe is necessary to perfect and continue the perfection of your lien and security interest in the Premises. (f) OUR AUTHORITY TO YOU: If we fail to perform our obligations under this Mortgage, you may, if you choose, perform our obligations and pay such costs and expenses. You will add the amounts you advance to the sums owing on the Agreement, on which you will charge interest at the interest rate set forth in the Agreement. If, for example, we fail to honor our promises to maintain insurance in effect, or to pay filing fees, taxes or the costs necessary to keep the Premises in good condition and repair or to perform any of our other agreements with you, you may, if you choose, advance any sums to satisfy any of our agreements with you and charge us interest on such advances at the interest rate set forth in the Agreement. This Mortgage secures all such advances. Your payments on our behalf will not cure our failure to perform our promises in this Mortgage. Any replacement insurance that you obtain to cover loss or damages to the Premises may be limited to the amount owing on the Agreement plus the amount of any mortgages that have priority to this Mortgage. (g) HAZARDOUS SUBSTANCES: We shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Premises. We shall not do, nor allow anyone else to do, anything affecting the Premises that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Premises of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Premises. As used in this paragraph, "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, "Environmental Law" means federal laws of the jurisdiction where the Premises are located that relate to health, safety or environmental protection. (h) SALE OF PREMISES: We will not sell, transfer ownership of, mortgage or otherwise dispose of our interest in the Premises, in whole or in part, or permit any other lien or claim against the Premises without your prior written consent. (i) INSPECTION: We will permit you to inspect the Premises at any reasonable time. NO LOSS OF RIGHTS: The Agreement and this Mortgage may be negotiated or assigned by you without releasing us or the Premises. You may add or release any person or property obligated under the Agreement and this Mortgage without losing your rights in the Premises. POWER OF SALE: We confer and grant to you the power to sell the Premises in the manner provided for in the Oklahoma Power of Sale Mortgage Foreclosure Act (and any amendments to the Act), Title 46 Okla. Stat. Section 41 et seq., without judicial foreclosure, if any event or condition described in Paragraph 12.A. of the Agreement occurs. REMOVAL OF IMPROVEMENTS: We shall not demolish or remove any improvements from the Premises without your prior written consent. As a condition to the removal of any improvements, you may require us to make arrangements satisfactory to you to replace such improvements with improvements of at least equal value. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS: We shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Premises. We may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as we have notified you in writing prior to doing so and so long as, in your sole opinion, your interests in the Premises are not jeopardized. You may require us to post adequate security or a surety bond, reasonably satisfactory to you, to protect your interest. DUTY TO PROTECT: We agree to neither abandon nor leave unattended the Premises. We shall do all other acts set forth above in this section, which from the character and use of the Premises are reasonably necessary to protect and preserve the Premises. COMPLIANCE WITH LAWS: We warrant that the Premises and our use of the Premises complies with all existing applicable laws, ordinances, and regulations of governmental authorities. SURVIVAL OF PROMISES: All promises, agreements and statements we have made in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as the Agreement is paid in full. DEFAULT: Except as may be prohibited by applicable law, and subject to any notice required by applicable law, if we default on any term in the Agreement and/or of any term of this Mortgage, you may, in accordance with applicable law, pursue and enforce any rights you have under applicable law, including, without limitation, the right to: (i) accelerate all amounts due under the Agreement; (ii) foreclose upon this Mortgage and sell the Premises, either in whole or in part or in separate parcels at different times, if necessary, until the indebtedness due under the Agreement is satisfied or the Premises is exhausted, whichever occurs first; (iii) enter on and take possession of the Premises; (iv) collect the rental payments, including over-due rental payments, directly from tenants, and you are appointed as our agent and attorney-in-fact to collect any such rents by any appropriate proceeding; (v) manage the Premises, including signing, canceling and changing leases; and (vi) seek appointment of a receiver for the Premises and we hereby appoint you as our attorney-in-fact with authority to consent for us to the appointment of a receiver. This means that, among other rights you may pursue and enforce, you may arrange for the Premises to be sold, as provided by law, in order to pay off what we owe under the Agreement and under this Mortgage. If the money you receive from the sale is not enough to pay off what we owe you, we will still owe you the difference which you may seek to collect from us in accordance with applicable law. We agree that the interest rate set forth in the Agreement will continue before and after a default, entry of a judgment and foreclosure. Subject to applicable law, if you acquire the Premises at a forced sale following our default, our right to any insurance proceeds resulting from damage to the Premises prior to the acquisition shall pass to you to the extent of the sums secured by this Mortgage immediately prior to acquisition. In addition, subject to applicable law, you shall be entitled to collect all reasonable fees and costs actually incurred by you or your agents arising out of or related to this Mortgage or the Agreement, including, but not limited to, reasonable attorneys' fees and costs of foreclosure, property preservation, documentary evidence, abstracts and title reports. WAIVERS: To the extent permitted by applicable law, we waive and release any error or defects in proceedings to enforce this Mortgage and hereby waive the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale and homestead exemption. BINDING EFFECT: Each of us shall be fully responsible for all of the promises and agreements in this Mortgage. Until the Agreement has been paid in full and your obligation to make further advances under the Agreement has been terminated, the provisions of this Mortgage will be binding on us, our legal representatives, our heirs and all future owners of the Premises. This Mortgage is for your benefit and for the benefit of anyone to whom you may assign it. Upon payment in full of all amounts owing to you under the Agreement and this Mortgage, and provided any obligation to make further advances under the Agreement has terminated, this Mortgage and your rights in the Premises shall end. NOTICE: Except for any notice required under the Oklahoma Power of Sale Mortgage Foreclosure Act or other applicable law to be given in another manner, (a) any notice to us provided for in this Mortgage shall be given by delivering it or by mailing such notice by regular first class mail addressed to us at the last address appearing in your records or at such other address as we may designate by notice to you as provided herein, and (b) any notice to you shall be given by certified mail, return receipt requested, to your address at BOKF, NA DBA Bank of Oklahoma, P.O. Box 35688, Tulsa, OK 74153 or to such other address as you may designate by notice to us. Any notice provided for in this Mortgage shall be deemed to have been given to us or you when given in the manner designated herein. RELEASE: Upon payment of all sums secured by this Mortgage and provided your obligation to make further advances under the Agreement has terminated, you shall discharge this Mortgage without charge to us, except that we shall pay any fees for recording of a satisfaction of this Mortgage. GENERAL: You can waive or delay enforcing any of your rights under this Mortgage without losing them. Any waiver by you of any provisions of this Mortgage will not be a waiver of that or any other provision on any other occasion. RIDERS: The following Riders are to be executed by Borrower [check box as applicable]: ☐ 1-4 Family Rider ☐ Condominium Rider ☐ Second Home Rider ☐ Planned Unit Development Rider ☒ Other(s) [specify] Inter Vivos Revocable Trust as Borrower Acknowledgement, Inter Vivos Revocable Trust Rider THIS MORTGAGE has been signed by each of us under seal on the date first above written. Holly Elizabeth Hoehn, Holly Elizabeth Hoehn, INDIVIDUALLY AND AS TRUSTEE OF THE Walter Douglas Hoehn, Sr. Revocable Living Trust UNDER TRUST INSTRUMENT DATED March 29, 1999 FOR THE BENEFIT OF Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr. Walter Douglas Hoehn Sr., Walter Douglas Hoehn Sr, INDIVIDUALLY AND AS TRUSTEE OF THE Walter Douglas Hoehn, Sr. Revocable Living Trust UNDER TRUST INSTRUMENT DATED March 29, 1999 FOR THE BENEFIT OF Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr. Holly Elizabeth Hoehn, Holly Elizabeth Hoehn, INDIVIDUALLY AND AS TRUSTEE OF THE Holly Elizabeth Hoehn Revocable Living Trust UNDER TRUST INSTRUMENT DATED March 29, 1999 FOR THE BENEFIT OF Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr. Walter Douglas Hoehn Sr., Walter Douglas Hoehn Sr, INDIVIDUALLY AND AS TRUSTEE OF THE Holly Elizabeth Hoehn Revocable Living Trust UNDER TRUST INSTRUMENT DATED March 29, 1999 FOR THE BENEFIT OF Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr. State of Oklahoma County of Tulsa This instrument was acknowledged before me on November 21, 2024 by Walter Douglas Hoehn Sr, individually and as trustee of the Holly Elizabeth Hoehn Revocable Living Trust; and Holly Elizabeth Hoehn, individually and as trustee of the Holly Elizabeth Hoehn Revocable Living Trust. [signature] Notary Public My Commission Expires: 7-8-25 INTER VIVOS REVOCABLE TRUST AS BORROWER - ACKNOWLEDGMENT Hoehn Loan #: Serv. #: BY SIGNING BELOW, the undersigned, Settlor(s) of the Walter Douglas Hoehn, Sr. Revocable Living Trust under trust instrument dated March 29, 1999, for the benefit of Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr., acknowledges all of the terms and covenants contained in this Security Instrument and any rider(s) thereto and agrees to be bound thereby. [Signature] - REVOCABLE TRUST SETTLOR - Holly Elizabeth Hoehn [Signature] - REVOCABLE TRUST SETTLOR - Walter Douglas Hoehn, Sr. BY SIGNING BELOW, the undersigned, Settlor(s) of the Holly Elizabeth Hoehn Revocable Living Trust under trust instrument dated March 29, 1999, for the benefit of Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr., acknowledges all of the terms and covenants contained in this Security Instrument and any rider(s) thereto and agrees to be bound thereby. [Signature] - REVOCABLE TRUST SETTLOR - Holly Elizabeth Hoehn [Signature] - REVOCABLE TRUST SETTLOR - Walter Douglas Hoehn, Sr. INTER VIVOS REVOCABLE TRUST RIDER Hoehn Loan #: Serv. #: DEFINITIONS USED IN THIS RIDER. (A) "Revocable Trust." Includes: The Walter Douglas Hoehn, Sr. Revocable Living Trust created under trust instrument dated March 29, 1999, for the benefit of Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr.. The Holly Elizabeth Hoehn Revocable Living Trust created under trust instrument dated March 29, 1999, for the benefit of Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr.. (B) "Revocable Trust Trustee(s)." Includes: Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr., trustee(s) of the Walter Douglas Hoehn, Sr. Revocable Living Trust. Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr., trustee(s) of the Holly Elizabeth Hoehn Revocable Living Trust. (C) "Revocable Trust Settlor(s)." Includes: Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr., settlor(s) of the Walter Douglas Hoehn, Sr. Revocable Living Trust. Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr., settlor(s) of the Holly Elizabeth Hoehn Revocable Living Trust. (D) "Lender." BOKF, NA DBA Bank of Oklahoma. (E) "Security Instrument." The Deed of Trust, Mortgage or Security Deed and any riders thereto of the same date as this Rider given to secure the Note to the Lender of the same date and covering the Property (as defined below). (F) "Property." The property described in the Security Instrument and located at: 4528 W 83RD ST, Tulsa, OK 74132-3018. [Property Address] THIS REVOCABLE TRUST RIDER is made this 21st day of November, 2024, and is incorporated into and shall be deemed to amend and supplement the Security Instrument. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, the Revocable Trust Trustee(s), the Revocable Trust Settlor(s), and the Lender further covenant and agree as follows: A. INTER VIVOS REVOCABLE TRUSTS 1. CERTIFICATION AND WARRANTIES OF REVOCABLE TRUST TRUSTEE(S). The Revocable Trust Trustee(s) certify to the Lender that the Revocable Trusts are inter vivos revocable trusts for which the Revocable Trust Trustee(s) are holding full title to the Property as trustee(s) of their respective trusts. The Revocable Trust Trustee(s) warrants to the Lender that (i) the Revocable Trusts are validly created under the laws of the State of Oklahoma; (ii) the trust instruments creating the Revocable Trusts are in full force and effect and there are no amendments or other modifications to the trust instruments affecting the revocability of the Revocable Trusts; (iii) the Property is located in the State of Oklahoma; (iv) the Revocable Trust Trustee(s) have full power and authority as trustee(s) under the trust instruments creating the Revocable Trusts and under applicable law to execute the Security Instrument, including this Rider; (v) the Revocable Trust Trustee(s) have executed the Security Instrument, including this Rider, on behalf of the Revocable Trusts; (vi) the Revocable Trust Settlor(s) have executed the Security Instrument, including this Rider, acknowledging all of the terms and conditions contained therein and agreeing to be bound thereby; (vii) only the Revocable Trust Settlor(s) and the Revocable Trust Trustee(s) may hold any power of direction over the Revocable Trusts; (viii) only the Revocable Trust Settlor(s) hold the power to direct the Revocable Trust Trustee(s) in the management of the Property; (ix) only the Revocable Trust Settlor(s) hold the power of revocation over the Revocable Trusts; and (x) the Revocable Trust Trustee(s) have not been notified of the existence or assertion of any lien, encumbrance or claim against any beneficial interest in, or transfer of all or any portion of any beneficial interest in or powers of direction over the Revocable Trust Trustee(s) or the Revocable Trusts, as the case may be, or power of revocation over the Revocable Trusts. 2. NOTICE OF CHANGES TO REVOCABLE TRUSTS AND TRANSFER OF POWERS OVER REVOCABLE TRUST TRUSTEE(S) OR REVOCABLE TRUSTS OR BOTH; NOTICE OF CHANGE OF REVOCABLE TRUST TRUSTEE(S); NOTICE OF CHANGE OF OCCUPANCY OF THE PROPERTY; NOTICE OF TRANSFER OF BENEFICIAL INTEREST IN REVOCABLE TRUSTS. The Revocable Trust Trustee(s) shall provide timely notice to the Lender promptly upon notice or knowledge of any revocation or termination of the Revocable Trusts, or of any change in the holders of the powers of direction over the Revocable Trust Trustee(s) or the Revocable Trusts, as the case may be, or of any change in the holders of the power of revocation over the Revocable Trusts, or both, or of any change in the trustee(s) of the Revocable Trusts (whether such change is temporary or permanent), or of any change in the occupancy of the Property, or of any sale, transfer, assignment or other disposition (whether by operation of law or otherwise) of any beneficial interest in the Revocable Trusts. B. ADDITIONAL BORROWER(S). The term "Borrower" when used in the Security Instrument will refer to the Revocable Trusts, the Revocable Trust Trustee(s) and the Revocable Trust Settlor(s), jointly and severally. Each party signing this Rider below (whether by accepting and agreeing to the terms and covenants contained herein or by acknowledging all of the terms and covenants contained herein and agreeing to be bound thereby, or both) covenants and agrees that, whether or not such party is named as "Borrower" on the first page of the Security Instrument, each covenant and agreement and undertaking of the "Borrower" in the Security Instrument will be such party's covenant and agreement and undertaking as "Borrower" and shall be enforceable by the Lender as if such party were named as "Borrower" in the Security Instrument. C. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN THE REVOCABLE TRUSTS. Uniform Covenant 16 of the Security Instrument is amended in its entirety to read as follows: Transfer of the Property or a Beneficial Interest in Revocable Trust. For purposes of this Section 16 only, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract, or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser at a future date. 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 Revocable Trust 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 12, 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. BY SIGNING BELOW, the Revocable Trust Trustee(s) and other undersigned individual(s), if any, accepts and agrees to the terms and covenants contained in this Revocable Trust Rider. Holly Elizabeth Hoehn Holly Elizabeth Hoehn, INDIVIDUALLY AND AS TRUSTEE OF THE Walter Douglas Hoehn, Sr. Revocable Living Trust UNDER TRUST INSTRUMENT DATED March 29, 1999 FOR THE BENEFIT OF Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr. Walter Douglas Hoehn Sr. Walter Douglas Hoehn Sr, INDIVIDUALLY AND AS TRUSTEE OF THE Walter Douglas Hoehn, Sr. Revocable Living Trust UNDER TRUST INSTRUMENT DATED March 29, 1999 FOR THE BENEFIT OF Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr. Holly Elizabeth Hoehn Holly Elizabeth Hoehn, INDIVIDUALLY AND AS TRUSTEE OF THE Holly Elizabeth Hoehn Revocable Living Trust UNDER TRUST INSTRUMENT DATED March 29, 1999 FOR THE BENEFIT OF Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr. Walter Douglas Hoehn Sr. Walter Douglas Hoehn Sr, INDIVIDUALLY AND AS TRUSTEE OF THE Holly Elizabeth Hoehn Revocable Living Trust UNDER TRUST INSTRUMENT DATED March 29, 1999 FOR THE BENEFIT OF Holly Elizabeth Hoehn and Walter Douglas Hoehn, Sr. BY SIGNING BELOW, the undersigned, Settlor(s) of the Walter Douglas Hoehn, Sr. Revocable Living Trust under trust instrument dated March 29, 1999, acknowledges all of the terms and covenants contained in this Security Instrument and any rider(s) thereto and agrees to be bound thereby. - TRUST SETTLOR - Holly Elizabeth Hoehn - TRUST SETTLOR - Walter Douglas Hoehn, Sr. BY SIGNING BELOW, the undersigned, Settlor(s) of the Holly Elizabeth Hoehn Revocable Living Trust under trust instrument dated March 29, 1999, acknowledges all of the terms and covenants contained in this Security Instrument and any rider(s) thereto and agrees to be bound thereby. - TRUST SETTLOR - Holly Elizabeth Hoehn - TRUST SETTLOR - Walter Douglas Hoehn, Sr.