M&M Capital Investments, LLC v. Michael Gaya, Spouse of Michael Gaya, Occupant(s) Of The Premises

IN THE DISTRICT COURT WITHIN AND FOR PAWNEE COUNTY STATE OF OKLAHOMA M&M CAPITAL INVESTMENTS, LLC Plaintiff, vs. MICHAEL GAYA SPOUSE OF MICHAEL GAYA OCCUPANT(S) OF THE PREMISES Defendant(s) No: CJ-26-13 FILED In the District Court PAWNEE COUNTY, OKLAHOMA FEB 20 2026 ILA POTTS, Court Clerk BY: _______________________ [initials] DEPUTY PETITION Comes now the Plaintiff, M&M Capital Investments, LLC, and for its cause of action against the Defendants above named, alleges and states: 1. That the Plaintiff was all times hereinafter mentioned, and now is duly organized, existing and authorized to bring this action. 2. That the Defendant, Michael Gaya a/k/a Michael Gaja, was a single person at the time the mortgage sued upon was executed and has remained a single person. 3. That the original maker(s) for a good and valuable consideration, made, executed and delivered to the Payee, a certain written promissory note within a Contract for Deed (hereinafter "Note"); a true copy of said note and endorsements thereon, if any, is hereto attached, marked Exhibit "A", and made a part hereof by reference. 4. That as a part of the same transaction and to secure the payment of the note above described and the indebtedness represented thereby, the owners of the real estate hereinafter described, made, executed and delivered to the Payee of the note, a certain Contract for Deed (hereinafter "Mortgage") in writing encumbering the following real property, to -wit: Lot 9 and 10, Block 1, Cunningham Subdivision in Pawnee County, State of Oklahoma, according to the recorded plat thereof 5. That said mortgage was duly executed and acknowledged according to law, the mortgage tax duly paid thereon, and was recorded on December 18, 2025 in Book 0904 at Page 0266 in the office of the County Clerk of Pawnee County, Oklahoma, a true and correct copy of which is attached hereto as Exhibit "A" and the record thereof is incorporated herein by reference. That Plaintiff was the person entitled to enforce the Note on and before the date this action was filed. That Plaintiff has complied with all the terms, conditions precedent and provisions of said note and mortgage, and is duly empowered to bring this suit. 6. That said note and mortgage provided that if default be made in the payment of any of the monthly installments, or on failure or neglect to keep or perform any of the other conditions covenants of the mortgage, that the entire principal sum and accrued interest, together with all other sums secured by said mortgage, shall at one become due and payable, at the option of the person entitled to enforce the Note, and the person entitled to enforce the Note 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 attorney fees and all costs. 7. The default has been made upon said note and mortgage in that the installments due on September 1, 2025 and thereafter have not been paid. 8. That preliminary to the bringing of this action, and as a necessary expense thereof, this Plaintiff caused title work to be extended and certified to date at a cost which charge is a further lien secured by the Mortgage of the Plaintiff herein sued upon. 9. That said note and mortgage provide that in case of a foreclosure of said mortgage as often as any proceedings shall be taken to foreclose the same, the maker(s) will pay an attorney’s fee as therein provided, and that the same shall be further charge and lien on said premises. 10. That after allowing all just credits there is due to Plaintiff on said note and mortgage the sum of: <table> <tr> <th>Reason:</th> <th>Amount:</th> </tr> <tr> <td>Unpaid Principal Balance</td> <td>$129,490.42</td> </tr> <tr> <td>Date of Default</td> <td>September 1, 2025</td> </tr> <tr> <td>Interest Due From</td> <td>August 1, 2025</td> </tr> <tr> <td>Interest Rate(s)</td> <td>10.50000 %</td> </tr> </table> *or as adjusted by the Note and Mortgage including all advancements of Plaintiff, if any, for taxes, insurance premiums, or expenses necessary for the preservation of the subject property, all costs of this action; reasonable attorney’s fees and costs as the Court may allow, for which amounts said mortgage is a lien upon the real estate and premises above described, subject only to the first mortgage of Community Bank, recorded in Book 858 at Page 689. 11. That the mortgage specifically provides that appraisement of the property is expressly waived or not waived at the option of the mortgagee. 12. That the Defendant, Michael Gaya, is personally obligated on the Note herein sued upon unless the liability has been discharged or released. 13. That the Defendant, Spouse of Michael Gaya, may claim a homestead interest in the subject property. 14. That the Defendant, Occupant(s) Of The Premises, may claim some right, title lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein as occupant. Plaintiff prays the 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 property or be forever barred from claiming any right in and to the property. Plaintiff states, however, that any right, title, or interest claimed by each Defendant is subordinate and inferior to the mortgage lien claimed by the Plaintiff and to the first mortgage of Community Bank, and Plaintiff prays the 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 property to be forever barred from claiming any right in and to the property. WHEREFORE, Plaintiff prays for judgment in personam against the Defendant, Michael Gaya, in the sum listed above in paragraph 10 and for a further judgment in rem against all said Defendants adjudging: That all of said Defendants to require to appear and set forth any right, title, claim or interest which they have, or may have, in and to the property; and, That the mortgage be foreclosed and that the same be declared a valid first, prior and superior lien upon the property, for and in the amounts above set forth and ordering said real estate and premises sold, for cash, with or without appraisement, as the Plaintiff shall elect, and as provided in said mortgage and by law, subject to unpaid taxes, advancements by Plaintiff for taxes, insurance premiums, or expenses necessary for the preservation of the subject property, if any, to satisfy said judgment, and that the proceeds arising therefrom be applied to the payment of the costs herein, and the payments and satisfaction of the judgment, mortgage and lien of this Plaintiff, and that the surplus, if any, be paid into Court to abide the further order of the Court; and, That all right, title and interest of said Defendants, and each of them, if any, in and to the property be adjudged subject, junior and inferior to the mortgage lien and judgment of this Plaintiff and to the first mortgage of Community Bank, and that upon confirmation of such sale, the Defendants herein, and each of them, and all persons claiming by, through or under them since the commencement of this action, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to the property, or any part thereof; and, That this Plaintiff have such other and further relief as may be just and equitable. __________________________________________ Don Timberlake - # 9021 Kim S. Jenkins - # 32809 Gina D. Knight - # 12996 Chynna Scruggs - # 32663 BAER & TIMBERLAKE, P.C. 5901 N. Western, Suite 300 Oklahoma City, OK 73118 Telephone: (405) 842-7722 Email: [email protected] COUNTY: OKLAHOMA STATE: OKLAHOMA ss, The above, being first duly sworn, upon oath deposes and says: That he/she is one of the attorneys for the Plaintiff in the above titled action; that he/she prepared the above and foregoing pleading, knows the contents thereof, and that to the best of his/her knowledge and belief, the matters set forth are true and correct. I state under penalty of perjury on this 13th day of February, 2026, under the laws of Oklahoma that the foregoing is true and correct. __________________________________________ Don Timberlake - # 9021 Kim S. Jenkins - # 32809 Gina D. Knight - # 12996 Chynna Scruggs - # 32663 BAER & TIMBERLAKE, P.C. 5901 N. Western, Suite 300 Oklahoma City, OK 73118 Telephone: (405) 842-7722 Email: [email protected] THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CONTRACT FOR DEED WITH POWER OF SALE THIS AGREEMENT FOR DEED is made and entered into this 23rd day of February 2023, by and between M&M Capital Investments LLC (hereinafter referred to as "SELLER"), and Michael Gafa (hereinafter referred to as "BUYER") WITNESSETH, that if the buyer shall first make the payments and perform the covenants contained herein on his part to be made and performed, the buyer agrees to purchase and the seller, his heirs, executors, administrators, personal representatives, or assigns, hereby covenants and agrees to convey to the buyer, his heirs, executors, administrators, personal representatives, or assigns, in fee simple absolute, clear of all encumbrances, except easements and covenants of record, if any, by a good and sufficient deed, that parcel of land more fully described as follows: Lot 9 and 10, Block 1, Cunningham Subdivision in Pawnee County Address of Property: 215 North Eagle Bluff Cleveland, OK 74020, hereinafter referred to as the "Property". 1. PURCHASE PRICE: The buyer herein covenants and agrees to pay in legal tender of the United States to the seller the sum of $120,000.00 which shall be paid in the following manner. a. $0.00 Payable directly to the seller's account, via wire transfer on this day. b. The principal sum of $126,179 which includes settlement cost and fees (see APPENDIX A). At the rate of 10.50% per annum, which is fixed for the entire term, in monthly installments of $1,259.75 beginning on the 1st day of April 2023 and continuing the 1ST day of each month thereafter for 20 years. 2. TAXES AND INSURANCE: a. INSURANCE: The seller agrees to create and maintain an escrow for property insurance. This escrow shall be used to purchase insurance policies as of this date and paying, in advance, to maintain said insurance policies in full force and effect during the term of this agreement. Buyer shall deposit the sum of $98.25 monthly for property insurance. This amount is subject to change. b. TAXES: Buyer and Seller agree to forgo a monthly escrow payment for property taxes and instead allow the Buyer to pay directly to Tulsa County for the real estate taxes due each year. The Seller agrees to provide all tax bills to Buyer when available. If Seller is unable to provide a copy of the tax bill to the Buyer, it is the responsibility of the Buyer to contact the county directly for a copy of the bill. Buyer must pay the entire real estate tax bill on or before the due date each year. If Buyer fails to make the required payment, the Buyer will be considered in default under the provisions allowed herein. All penalties and interest from the county plus a $75 late fee will be assessed to Buyer. The estimated total tax bill for the year 2023 is approximately $725. Buyer and Seller acknowledge that this amount is subject to change. 3. PAYMENTS: The monthly payments as contained in paragraph 1. hereinabove together with any amounts due as contained in paragraph 2. hereinabove shall be made payable to M&M Capital Investments LLC. Payments are accepted through the online payment system, or by mail to P.O. Box 902 Broken Arrow, OK 74013. 4. CONVEYANCE: Upon payment in full of the purchase price for the property as set forth in paragraph 1 above, seller will execute and deliver a Quit Claim Deed from seller to buyer at buyer's expense when executed and delivered. 5. TITLE: Title shall be conveyed free and clear of all encumbrances except those mortgages or liens, if any, mentioned herein, easements, restrictions, limitations, reservations, covenants and conditions of record not coupled with a possibility of reverter, right of reentry or other reverter right which amounts to a qualification of the fee, and subject also to applicable zoning ordinances and real estate taxes for the year in which the deed is delivered, and thereafter. 6. LIENS: Buyer shall keep the premises and improvements of every kind and nature in good repair at his own cost and expense, free of any obligations on behalf of seller, and shall not permit any liens or encumbrances on the said premises. Buyer shall pay all taxes, assessments and other charges, fines, and impositions attributable to the property which may attain a priority over this Contract when due, directly to the payee thereof. Upon request, seller shall promptly furnish to buyer receipts evidencing such payments. Buyer and seller acknowledge that the seller currently Has one lien, should lender require access to the home for an appraisal or inspection the buyers will comply. Buyers at request, may ask for a statement showing the seller is in good standing with the lien on said property no more than two times every 12 months. 7. DAMAGE TO THE PROPERTY: In the event of damage or destruction of the property, unless buyer and seller agree in writing, the insurance proceeds shall be applied to restoration or repair of the property damage. Provided the restoration or repair is economically feasible and seller’s security is not lessened, if the restoration or repair is not economically feasible, or the seller’s security would be lessened, the insurance proceeds shall be applied to the sums secured by this contract, whether or not then due, with any excess paid to buyer. If the buyer abandons the property or does not answer within 30 days a notice from the seller that the insurance carrier has offered to settle a claim, then seller may collect the insurance proceeds. Seller may use the proceeds to repair or restore the property or to pay any sums secured by this contract, whether or not then due. The 30-day period will begin when the notice is given. If the property is acquired by buyer, seller’s right to any insurance policies and proceeds resulting from the damage to the Property prior to the acquisition shall pass to buyer to the extent of the sums secured by this contract immediately prior to the acquisition. Buyer and seller acknowledge that all deductibles for claims are the responsibility of the buyer, and that the insurance only covers the real estate and not the personal belongings. Insurance rates are subject to change. 8. CONDEMNATION: In the event that any or all of the property is taken by eminent domain during the existence of this Agreement, the rights and obligations shall be that the award shall be paid to the seller to the extent that is necessary to pay out this Agreement, such sum including accrued interest to date, but excluding unearned interest, and the balance of the award shall be paid to the buyer, if any. If the remaining indebtedness as evidenced by this Agreement has been met in its entirety, then this Agreement will thus be consummated, and the seller will convey to the buyer any of the property herein included which was not taken by eminent domain. In the event the amount of the award is insufficient to satisfy the outstanding obligations of the buyer to the seller, excluding unearned interest, this agreement shall nevertheless be terminated as previously provided in this paragraph, but the seller shall be authorized to sue for a money judgment for any deficiency between the amount of the award and the outstanding obligations of the buyer. The provisions of this paragraph shall apply also to any settlement or agreement reached between the buyer and any corporation, authority or agency having the power of eminent domain whereby the buyer voluntarily conveys to such agency, authority, or corporation to avoid condemnation proceedings. 9. PREPAYMENT: The buyer may make an additional principal payment once per year without any prepayment fee, unless said payment results in complete payoff. Such prepayment shall not include unearned interest. Upon full prepayment, the seller shall have 30 days in which to deliver the deed. 10. OPTION TO CALL: Seller retains the right to call this agreement fully due and payable. Upon exercise via notification as herein provided, the outstanding principal balance plus accrued interest to the time of payoff would be due. Notice would provide for 90 days to comply. 11. SPECIFIC PERFORMANCE: In case of the failure of the buyer to comply with the terms of this agreement or to perform any of the covenants hereby made and entered into, the seller shall have the option to collect damages at law or to demand specific performance, costs, and reasonable attorney’s fees from buyer. 12. DEFAULT: Time is of the essence of this agreement. In case of the failure of the buyer to make payments or any part thereof, or to perform any of the covenants on his part hereby made and entered into, this agreement shall, at the option of the seller, be declared void and of no effect, forfeited and terminated, and the buyer shall forfeit all payments made by him to date on this agreement and said amount shall be retained by the seller in full satisfaction and liquidation of all damages sustained by the seller, and the seller shall have the right to reenter and take possession of the premises aforesaid without being liable in any action in trespass, or otherwise, and to seek such self-help remedies as shall place the seller in exclusive possession of the premises. In the event of default, buyer hereby grants to seller the irrevocable power-of-attorney: to execute a Quitclaim Exhibit A Deed on buyer’s behalf to the seller conveying any equitable interest in the property held by the buyer under this Agreement For Deed to seller, said Quitclaim Deed to recite that it is executed pursuant to an irrevocable power-of-attorney contained in this Agreement For Deed and that the purpose of said Quitclaim Deed is to release any and all interest in the property held by buyer to seller, buyer having defaulted under the terms of the Agreement For Deed. Thereafter, buyer shall surrender to seller forthwith peaceable possession of said property. Any sums paid to seller hereunder shall be considered paid to seller as rent for the premises. All improvements placed on or in such Property shall belong to seller. Thereafter, buyer shall be a tenant at sufferance and subject to a dispossessory action by seller to obtain possession of the premises. Should seller elect such forfeiture, and execute said Quitclaim Deed, then buyer shall not be liable to seller for any amount still due under paragraph 1 of this agreement. buyer agrees to leave peacefully and cooperate fully in the repossession process. Buyer hereby waives demand, protest, notice of demand, protest and non-payment. In the event of default and a court action by seller to obtain property, buyer does hereby expressly waive or not waive, at the option of the seller, appraisement of the real estate, which option shall be exercised at the time of judgment in the court case. 13. CURING DEFAULT: As an alternative remedy in the case of any default on behalf of the buyer, the unpaid balance due under this Agreement shall, at the option of the seller, become due and payable, and all costs and expenses of collection including attorney’s fees, late fees as defined in this agreement and any court costs incurred, shall be paid by the buyer, and all such sums are hereby secured by this agreement. The seller, at his option, may reinstate this agreement upon receipt of $500.00 as a reinstatement fee within 30 days of the default notice. 14. INSTALLMENT PAYMENTS: The timely payment of each installment shall be an essential part of this agreement. Any installment payment received after 5 days of the due date shall require an additional payment of $75 if payment is not received within fifteen (15) days of the due date a $10.00 per diem charge shall apply. After 30 days of non-payment, it shall constitute a default under paragraph 11 hereinabove. In the event any check given by buyer to the party named in paragraph 3 hereinabove, is returned by the bank upon which it is drawn unpaid, buyer agrees to pay $50.00 as additional late fee. This charge will be waived if the bank verifies, in writing, the check was returned due to their error. Any returned check must be redeemed by cashier’s check, certified check, or money order. In the event more than one check is returned, buyer agrees to pay all future payments and charges in the form of cashier’s check, certified check, or money order. 15. NOTICES: Any notice necessary under this agreement may be sent by first class mail to the last known address of the party to be notified. 16. SURVIVAL: All covenants and agreements herein contained shall extend to and be obligatory upon the successors, heirs, executors, administrators, personal representatives and assigns of the respective parties. 17. PROPERTY USE: Other than the limitations set forth by any governing body, including any HOA, the property will not be subleased or used for commercial business purposes. 18. MAINTENANCE: The BUYERS will not permit, commit, or suffer waste and will maintain the improvements at all times in a state of good repair and condition, and will not do or permit to be done anything to the premises that will in any way impair or weaken the security of the seller’s title. In case of the refusal, neglect or inability of the buyer to repair and maintain said property, the seller may, at the seller’s option, make such repairs or cause the same to be made, and advance money in that behalf, which sums advanced or costs of repairs shall be the obligation of the buyer and shall accrue interest, until paid, at the highest rate allowable by law and be secured by this agreement. Buyers agrees that any updates to the property will be done abiding by all governing bodies by licensed professionals. The seller may only have reasonable cause to inspect the property for maintenance issues under the following conditions 1) Insurance claim 2) Notice from the city about issues to be resolved 3) visible hazards and dilapidation from the exterior that have not been fixed after providing notice 4) A felony or crime involving the buyers or on the property has occurred within 90 days. 19. GENDER: The words “seller” and “buyer” herein employed shall be construed to include the plural as well as the singular, and the masculine shall include the feminine and neuter where the context so admits or requires. 20. GOVERNING LAW: This Agreement and all transactions contemplated hereby, shall be governed by, construed, and enforced in accordance with the laws of the State of Oklahoma. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Oklahoma County, State of Oklahoma. In the event litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party’s reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. No action by the parties to enforce the terms and conditions of, or to enforce any right stemming from, this agreement shall be entertained or prosecuted in court more than three months from the date the cause of action therefore, initially accrued. 21. SERVICE: Unless specifically disallowed by law, should litigation arise hereunder, service of process therefore may be obtained through certified mail, return receipt requested; the parties hereto waiving any and all rights they may have to object to the method by which service was perfected. 22. SEVERABILITY: If any part of this agreement be construed as unenforceable, the remaining parts of this agreement shall remain in full force and effect as though the unenforceable part or parts were not written into this agreement. 23. ASSIGNMENT: The buyer shall not assign interest under this agreement, which includes selling or leasing unless buyer obtains prior written approval of seller to such assignment. Assignment of such interest without approval of seller shall constitute a default under the terms of this agreement on the part of buyer. 24. WARRANTY: Buyers and seller agree that the property is to be sold as-is. Seller has provided all information about the condition of the property to buyers and buyers has had reasonable time to inspect the condition of the home. 25. ENTIRE AGREEMENT: This agreement and any attached addendum constitutes the sole and entire agreement between the parties and no representation, promise, or inducement not included in this agreement, oral or written, shall be binding upon any party hereunto. Any part of his agreement which is broken makes the entire agreement in default. 26. HOA DUES: All HOA dues or assessments, if applicable, will be charged to and paid directly by the buyer and the buyer agrees and understand that if there are any such dues it is their responsibility to coordinate billing and payment with the HOA. 27. SPECIAL STIPULATIONS: The following stipulations shall control in the event of conflict with any of the foregoing. A POWER OF SALE HAS BEEN GRANTED IN THIS CONTRACT. A POWER OF SALE MAY ALLOW THE SELLER TO TAKE THE PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY THE BUYERS UNDER THIS CONTRACT. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first above written. Signed, sealed, and delivered in the presence of: STATE OF OKLAHOMA} COUNTY OF TULSA ) ss. I, the undersigned person, do hereby acknowledge and affirm that I have read the foregoing contract and that I fully understand the terms and conditions contained therein. I further knowledge and affirm that I have sought the advice of an attorney or other professional or that I have been afforded sufficient opportunity to fully discuss and review the agreement with an attorney or other professional and chosen to not seek their advice. I also understand that this document has been translated for me in my native language and I have agreed to the contract in its entirety. Buyer – Michael Gaja Seller – M&M Capital Investments LLC Joe Mullis, Member STATE OF OKLAHOMA) COUNTY OF TULSA) ss. Before me, the undersigned, a Notary Public, in and for said County and State, on this 23rd day of February 2023, personally appeared Michael Gaja and Joe Mullis me known to be the identical persons who executed the within and foregoing instrument and acknowledged to me that THEY executed the same and as their free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I hereunto set my official signature and affixed notarial seal the day and year last above written. Brandy Bennett Notary Public My commission expires: 4/14/2024 My commission No. is: 10003119