Arvest Bank v. James M. Ast

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA ARVEST BANK, Plaintiff, vs. JAMES M. AST, UNKNOWN SPOUSE OF JAMES M. AST, REGENERATEOPCO TRUST. UNKNOWN OCCUPANTS OF THE PREMISES LOCATED AT 3420 E ADMIRAL CT, TULSA, OK 74115, Defendants. PETITION Plaintiff Arvest Bank ("Plaintiff" or "Arvest Bank"), for its Petition against Defendants James M. Ast ("Ast"). Unknown Spouse of James M. Ast. RegenerateOpeco Trust, and Unknown Occupants of the Premises located at 3420 E Admiral Ct. Tulsa OK 74155. (sometimes referred to collectively as "Defendants"), alleges and states as follows: 1. Plaintiff Arvest Bank is an Arkansas chartered bank relevant at all times and was duly authorized to conduct business in Oklahoma. 2. The real property that is the subject of this action is located in Tulsa County, Oklahoma. 3. Upon information and belief, Ast is an individual who resides in Tulsa County, Oklahoma. 4. This Court has jurisdiction over the parties to this action and the subject matter herein, and venue is proper. FIRST CLAIM FOR RELIEF 5. Plaintiff restates and realleges its allegations above. 6. On or about July 15, 2015, Ast made, executed, and delivered to Plaintiff a Home Equity Line of Credit Agreement known as Account No. 372035894 with a credit limit of $40,000.00, with interest to accrue at a variable rate thereon, until paid, initially at the rate of 2.990% per annum ("HELOC 5894"). A full, true and correct copy of the HELOC is attached hereto and incorporated herein by reference as Exhibit 1. 7. Since the execution and delivery of HELOC 5894 to Plaintiff, Plaintiff has been in continual possession of the original HELOC 5894 and now has the rights of a holder of HELOC 5894. HELOC 5894 has not been sold, transferred or assigned, nor has Plaintiff relinquished possession of HELOC 5894. Plaintiff is entitled to enforce HELOC 5894 in accordance with its terms. 8. HELOC 5894 is in default due to Ast's failure to pay as required by its terms. 9. There remains unpaid on HELOC 5894 the principal sum of $9,494.08, plus accrued interest as of February 12, 2025, of $293.82 with interest continuing to accrue after February 12, 2025, at the rate of $1.271946 per day (which is subject to change due to nature of the variable rate at which HELOC 5894 accrues interest), late charges of $122.75, and ad valorem taxes paid by Arvest Bank, if any. 10. HELOC 5894 provides that in the event of default, Ast agrees to pay all expenses of collection, enforcement, or protection of Plaintiff's rights and remedies under HELOC 5894, including, but not limited to, court costs, and legal expenses. 11. Plaintiff is entitled to an in personam judgment against Ast with regard to HELOC 5894 in the principal sum of $9,494.08 plus accrued interest as of February 12, 2025, of $293.82 with interest continuing to accrue after February 12, 2025, at the rate of $1.271946 per day (which is subject to change due to nature of the variable rate at which HELOC 5894 accrues interest). late charges of $122.75, and ad valorem taxes paid by Arvest Bank, if any, and all expenses of collection, enforcement, or protection of Plaintiff's rights and remedies under HELOC 5894, including, but not limited to, court costs, and legal expenses. SECOND CLAIM FOR RELIEF Plaintiff restates and realleges its allegations above. 12. On or about July 15, 2015, for good and valuable consideration, Ast executed and delivered to Plaintiff a Mortgage granting and mortgaging unto Plaintiff a good and valid Mortgage on certain real property in Tulsa County, Oklahoma ("Property") more particularly described as follows: Lot One (1), Block Six (6), SEQUOYAH HILLS ADDITION, an Addition to Tulsa, Tulsa County, State of Oklahoma, according to the recorded Plat No. 1026. (Commonly known as 3420 E Admiral Ct, Tulsa, OK 74115) with the required mortgage tax paid thereon by the Plaintiff as recorded on the endorsement of such Mortgage. The Mortgage was recorded on August 28, 2015, in the office of the Tulsa County Clerk at Document number 2015077604, and a Loan Modification Agreement recorded on July 7, 2020. A full, true, and correct copy of the Mortgage and the Modification Agreement described herein are attached hereto and incorporated herein by reference as Exhibit 2. The Mortgage as modified secures the payment of HELOC 5894. 13. The Mortgage specifically provides that the appraisal of the Property is expressly waived or not waived at the sole option of Plaintiff and may be exercised at the time judgment is rendered for the foreclosure of the Mortgage. 14. The Mortgage further provides that in the event of default, Ast agrees to pay all costs and expenses incurred by Plaintiff in its pursuit of collecting, enforcing, or protecting Plaintiff's rights and remedies under the Mortgage. 15. Ast may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that Ast be summoned in this case to show any right, title, or interest he might claim in the Property or be forever barred from claiming any right in and to the Property. 16. Unknown Spouse of James M. Ast may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that Unknown Spouse of James M. Ast be summoned in this case to show any right, title, or interest she might claim in the Property or be forever barred from claiming any right in and to the Property. 17. RegenerateOpeco Trust may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that RegenerateOpeco Trust be summoned in this case to show any right, title, or interest she might claim in the Property or be forever barred from claiming any right in and to the Property. 18. Unknown Occupants of the Premises located at 3420 E Admiral Ct. Tulsa OK 74155 may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that Unknown Occupants of the Premises located at 3420 E Admiral Ct. Tulsa OK 74155 be summoned in this case to show any right, title, or interest they might claim in the Property or be forever barred from claiming any right in and to the Property. THIRD CLAIM FOR RELIEF 19. Plaintiff restates and realleges its allegations above. 20. On or about November 7, 2018, Ast made, executed, and delivered to Plaintiff a Home Equity Line of Credit Agreement known as Account No. 2139879 with a credit limit of $59,500.00, with interest to accrue at a variable rate thereon, until paid, initially at the rate of 5.75% per annum ("HELOC 9879"). A full, true and correct copy of HELOC 9879 is attached hereto and incorporated herein by reference as Exhibit 3. 21. Since the execution and delivery of HELOC 9879 to Plaintiff, Plaintiff has been in continual possession of the original HELOC 9879 and now has the rights of a holder of HELOC 9879. HELOC 9879 has not been sold, transferred or assigned, nor has Plaintiff relinquished possession of HELOC 9879. Plaintiff is entitled to enforce HELOC 9879 in accordance with its terms. 22. HELOC 9879 is in default due to Ast's failure to pay as required by its terms. 23. There remains unpaid on HELOC 9879 the principal sum of $58,720.14, plus accrued interest as of February 12, 2025, of $4,442.11, with interest continuing to accrue after February 12, 2025, at the rate of $12.870167 per day (which is subject to change due to nature of the variable rate at which HELOC 9879 accrues interest), late charges of $111.56, and ad valorem taxes paid by Arvest Bank, if any. 24. HELOC 9879 provides that in the event of default, Ast agrees to pay all reasonable costs, expenses, and reasonable attorney's fees incurred by Plaintiff in enforcing its rights under HELOC 9879. 25. Plaintiff is entitled to an in personam judgment against Ast with regard to HELOC 9879 in the principal sum of $58,720.14 plus accrued interest as of February 12, 2025, of $4,442.11, with interest continuing to accrue after February 12, 2025, at the rate of $12.870167 per day (which is subject to change due to nature of the variable rate at which HELOC 9879 accrues interest), late charges of $111.56, and ad valorem taxes paid by Arvest Bank, if any, and all reasonable costs, expenses, and reasonable attorney's fees incurred in enforcing its rights under HELOC 9879. FOURTH CLAIM FOR RELIEF Plaintiff restates and realleges its allegations above. 26. On or about November 7, 2018, for good and valuable consideration, Ast executed and delivered to Plaintiff a Mortgage granting and mortgaging unto Plaintiff a good and valid Mortgage on certain real property in Tulsa County, Oklahoma ("Property") more particularly described as follows: Lot One (1), Block Six (6), SEQUOYAH HILLS ADDITION, an Addition to Tulsa, Tulsa County, State of Oklahoma, according to the recorded Plat No. 1026. (Commonly known as 3420 E Admiral Ct, Tulsa, OK 74115) with the required mortgage tax paid thereon by the Plaintiff as recorded on the endorsement of such Mortgage. The Mortgage was recorded on November 13, 2018, in the office of the Tulsa County Clerk at Document number 2018103320. A full, true, and correct copy of the Mortgage described herein is attached hereto and incorporated herein by reference as Exhibit 4. The Mortgage secures the payment of HELOC 9879. 27. The Mortgage specifically provides that the appraisal of the Property is expressly waived or not waived at the sole option of Plaintiff and may be exercised at the time judgment is rendered for the foreclosure of the Mortgage. 28. The Mortgage further provides that in the event of default, Ast agrees to pay all costs and expenses incurred by Plaintiff in its pursuit of its remedies under the Mortgage, including reasonable attorney's fees and costs of title evidence. 29. Ast may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that Ast be summoned in this case to show any right, title, or interest he might claim in the Property or be forever barred from claiming any right in and to the Property. 30. Unknown Spouse of James M. Ast may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that Unknown Spouse of James M. Ast be summoned in this case to show any right, title, or interest she might claim in the Property or be forever barred from claiming any right in and to the Property. 31. RegenerateOpco Trust may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that RegenerateOpco Trust be summoned in this case to show any right, title, or interest she might claim in the Property or be forever barred from claiming any right in and to the Property. 32. Unknown Occupants of the Premises located at 3420 E Admiral Ct. Tulsa OK 74155 may claim some right, title, and interest in and to the Property. Any such interest is subordinate and inferior to the lien of Plaintiff. Plaintiff prays that Unknown Occupants of the Premises located at 3420 E Admiral Ct. Tulsa OK 74155 be summoned in this case to show any right, title, or interest they might claim in the Property or be forever barred from claiming any right in and to the Property. WHEREFORE. Plaintiff Arvest Bank prays for judgment in personam against James M. Ast as follows: i) On HELOC 5894 in the principal sum of $9,494.08 plus accrued interest as of February 12, 2025, of $293.82 with interest continuing to accrue after February 12. 2025, at the rate of $1.271946 per day (which is subject to change due to nature of the variable rate at which HELOC 5894 accrues interest), late charges of $122.75: ii) On HELOC 9879 in the principal sum of $58,720.14 plus accrued interest as of February 12, 2025, of $4,442.11, with interest continuing to accrue after February 12, 2025, at the rate of $12.870167 per day (which is subject to change due to nature of the variable rate at which HELOC 9879 accrues interest), late charges of $111.56; iii) Ad valorem taxes paid by Arvest Bank, if any; and iv) All expenses of collection, enforcement, or protection of Plaintiff's rights and remedies under HELOC 5894, HELOC 9879, and the Mortgages described herein, including, but not limited to, court costs, legal expenses, reasonable attorney's fees and costs of title evidence. Plaintiff Arvest Bank further prays to the extent that the parties named as Defendants herein claim some right, title or interest in the Property, that the Court determine that their claims or liens are subordinate and inferior to the liens of Arvest Bank and are entitled to be foreclosed. Plaintiff Arvest Bank further prays that its Mortgages described above be foreclosed and the same be declared valid, prior, and superior liens upon the Property and the Mortgages described above superior to all interests of the Defendants herein and others who claim a judgment lien or interest herein through them, and for judgment foreclosing the mortgage liens of Arvest Bank upon the Property and an order of sale commanding the Sheriff of Tulsa County, Oklahoma, to advertise and sell upon execution with or without appraisement as Arvest Bank shall elect: and the Property be sold, and the proceeds applied to the payment of: First, Plaintiff Arvest Bank's costs including attorney's fees: Second, the judgment of the Plaintiff Arvest Bank: and. Third, that any balance remaining be paid into this Court to await the further order of this Court. Plaintiff Arvest Bank further prays that it receives such other and further relief deemed just and equitable by the Court. Respectfully submitted, Kelley G. Loud, OBA No. 15808 [email protected] TITUS HILLIS REYNOLDS LOVE 15 East 5th Street, Suite 3700 Tulsa, Oklahoma 74103 (918)587-6800/FAX: (918)587-6822 Attorneys for Plaintiff Arvest Bank Home Equity Line of Credit Lender Borrower Summary Arvest Bank - Tulsa JAMES M AST 502 S Main Mall Loan Number: 5894 Tulsa, OK 74103-4425 3420 E ADMIRAL CT TULSA, OK 74115-8204 Agreement Date: 07/15/2015 Credit Limit: $ 40,000.00 Maturity Date: 08/01/2020 If checked, see Signature Addendum for additional parties. Generally Definitions. In this Agreement, these terms have the following meanings. The pronouns "you" and "your" refer to all Borrowers signing this Agreement, jointly and individually, and each other person or legal entity that agrees to pay this Agreement. "We", "us" and "our" refer to the Lender, or any person or legal entity that acquires an interest in the Line of Credit. "Agreement" refers to this Home Equity Line of Credit, and any extensions, renewals, modifications or substitutions of it. "Automatic Withdrawal Account" means the account that you have with us from which your Minimum Payments will be automatically withdrawn. The Automatic Withdrawal Account number is N/A. "Billing Cycle" means the interval between the days or dates of regular periodic statements. "Credit Limit" means the maximum amount of principal we will permit you to owe us under this Line of Credit, at any one time. Your Credit Limit is stated at the top of this Agreement. "Initial Advance" means the amount of money we will require you to accept as an advance to open this Line of Credit. "Line of Credit" refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction such as applications, security agreements, disclosures and this Agreement. "Loan Account Balance" means the sum of the unpaid principal balance advanced under the terms of this Agreement, finance charges, fees and other charges that are due, and other amounts advanced to you or others under the terms of this Line of Credit. "Minimum Payment" means the minimum payment amount required under the Minimum Payment section. "Payment Date" is the payment due date as provided on your periodic statements. "Property" means any real or personal property that secures your obligations under this Line of Credit. Other important terms are defined throughout this Agreement. Promise to Pay. You promise to pay us at our order, at our address, or at such other location as we may designate, so much of the Credit Limit as may be advanced under this Agreement, plus finance charges, fees, charges, costs, and expenses as described in this Line of Credit. Agreement Term. This Agreement begins on the Agreement Date. The "Draw Period" also begins on the Agreement Date and is the 60 Month period during the term of this Agreement that you may request advances. Tax Deductibility. You should consult a tax advisor regarding the deductibility of interest and charges under this Agreement. Advances Advance Methods. You may request advances by the following methods: • You write a check. • You request a withdrawal in person. • You request a withdrawal by phone. • You request a withdrawal by mail. • You make an advance by Safetyline or internet transfer. We will make the advance by advancing the amount directly to you, depositing it in your Transaction Account, or by paying a designated third person or account. We will record the amount as an advance and increase your Loan Account Balance. Advance Limitations. We do not have to make any advances during any period in which you have a right to cancel. Your ability to request and access advances is also subject to the following additional limitations: Initial Advance. On 07/20/2015 you will receive an Initial Advance of $ 17,878.53 Advance Amount. When you request an advance, we will, subject to the limitations contained in this Agreement, advance exactly the amount you request. Credit Limit. Subject to the terms and conditions of this Agreement, you may borrow on this Line of Credit up to the Credit Limit. You agree not to request or obtain an advance that will cause the unpaid principal of your Loan Account Balance to exceed the Credit Limit. You understand that we will not ordinarily grant a request for an advance that would cause the unpaid principal of your Loan Account Balance to be greater than the Credit Limit; but that we may, at our option, grant such a request without obligating ourselves to do so in the future. Your Credit Limit will not be increased if you overdraw the Line of Credit. If you exceed the Credit Limit, you agree to immediately pay the amount by which the unpaid principal of your Loan Account Balance exceeds the Credit Limit, even if we have not yet billed you. Any sums in excess of the Credit Limit will not be secured by the Property, unless they are for accrued but unpaid interest or expenditures made pursuant to the security instrument securing the Property. Finance Charges Computation of Finance Charges. Finance charges begin to accrue immediately when we make an advance to you. Finance charges will be computed as follows: To figure the finance charge for each Billing Cycle, a daily periodic rate is multiplied by the Average Daily Balance of your Loan Account Balance. We then multiply that amount by the number of days in the Billing Cycle. To figure the Average Daily Balance, we first take your Loan Account Balance at the beginning of each day, add any new advances, and subtract any payments or credits that apply to debt repayment, and any unpaid finance charges, fees and charges. This gives us the daily balance. Then, we add up all the daily balances for the Billing Cycle and divide the total by the number of days in the Billing Cycle. This gives us the Average Daily Balance. The periodic rate used in calculating the FINANCE CHARGE is 0.008192 % and the corresponding ANNUAL PERCENTAGE RATE is 2.990 %. The annual percentage rate includes interest and not other costs. Maximum Annual Percentage Rate. The maximum ANNUAL PERCENTAGE RATE that can apply during the term of this Line of Credit is 2.990 % or the maximum annual percentage rate allowed by applicable law, whichever is less. Additional Finance Charges. You agree to pay the following additional FINANCE CHARGES: • Processing Fee. $ 0.00 • Flood Certification Fee. $ 9.00 Payment Terms Payment Date. During the term of this Agreement, a Minimum Payment will be due on or before the Payment Date for any Billing Cycle in which there is an outstanding balance on your account. Your Minimum Payments will be due Monthly beginning 09/01/2015 Minimum Payment. On or before each Payment Date, you agree to make a payment of at least the Minimum Payment amount. The Minimum Payment will equal any amount past due, any fees and charges that are due, and the following: [X] The amount of accrued finance charges on the last day of the Billing Cycle. [ ] The amount of accrued finance charges plus % of the principal balance outstanding on the last day of the Billing Cycle. Rounding. The Minimum Payment will be rounded up to the nearest $.01. Payment At Maturity. On the Maturity Date you must pay the entire outstanding Loan Account Balance. Principal Reduction. Draw Period. During the Draw Period, the Minimum Payment [X] will not reduce [ ] may not fully repay the principal balance outstanding on your Loan Account Balance. Final Payment. At maturity, you must pay the amount of any remaining Loan Account Balance outstanding. The Minimum Payments will not be sufficient to fully repay the principal that is outstanding on your line. If they are not, you will, to the extent permitted by law, be required to pay the entire outstanding balance in a single payment. At that time we may, but are not obligated to, refinance this Line of Credit. If we do refinance this Line of Credit at maturity, you understand that you may have to pay some or all of the closing costs normally associated with a new loan. Additional Payment Terms. If your Loan Account Balance on a Payment Date is less than the Minimum Payment amount, you must pay only the amount necessary to reduce your Loan Account Balance to zero or to any required Minimum Balance. If you otherwise fail to fully pay the Minimum Payment amount, we may, but are not required to, advance money to you to make the payment. All the terms of this Agreement will apply to such an advance. Subject to any required Minimum Balance, you can pay off all or part of what you owe at any time. If you pay more than the Minimum Payment amount, you must continue to make your periodic Minimum Payments as otherwise required by this Agreement. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to any charges you owe other than principal and finance charges, then to any finance charges that are due, and finally to principal. No late charge will be assessed on any payment when the only delinquency is due to late fees assessed on earlier payments and the payment is otherwise a full payment. [ ] Automatic Withdrawal. You authorize us to automatically withdraw the Minimum Payment from your Automatic Withdrawal Account on each Payment Date. If your Automatic Withdrawal Account does not have enough money in it to fully pay the Minimum Payment amount, we may, but are not required to, advance money to you to make the payment. All the terms of this Agreement will apply to such an advance. If your Loan Account Balance is less than the Minimum Payment amount, we will withdraw only the amount necessary to reduce your Loan Account Balance to zero. Security We have secured your obligations under this Line of Credit by taking a security interest (by way of a separate security instrument dated 07/15/2015) in the following Property: REAL ESTATE Property securing any other loans that you have with us may also secure this Agreement. Filing Fees: $40.00 Insurance Property Insurance. You may buy property insurance from anyone you want who is reasonably acceptable to us. If you buy the insurance from or through us, your premium will be $ for of coverage. Credit Insurance. The insurance listed below is not required to obtain credit and we will not provide the insurance unless you sign and agree to pay the additional cost. If you want the insurance, we will obtain it for you if you qualify for coverage. The following rates are applied to the average daily principal balance to determine the premium you owe for each billing cycle. Type: Single Credit Life Rate: /$1,000 You [ ] do [X] do not want Single Credit Life. Type: Joint Credit Life Rate: /$1,000 You [ ] do [X] do not want Joint Credit Life. Type: Credit Disability Rate: /$1,000 You [ ] do [X] do not want Credit Disability. Signatures. Your signature below means you want (only) the insurance coverage(s) quoted above. If "do not" is checked, you have declined the coverage we offered. James M Ast 7-15-15 JAMES M AST, Borrower DOB 08/18/1940 DOB Date DOB Other Fees and Charges You agree to pay the following additional fees and charges: • Late Charge. If a payment is late (more than 15 days after due) you will be charged 5% of the payment or $5.00 whichever is greater, up to a maximum of $24.50 • Appraisal Fee. $150.00 • Title Search Fee. $125.00 • Title Insurance. $0.00 • Official Fees. $85.00 Additional Terms Commissions. You understand and agree that we (or our affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other services that you buy through us or our affiliate. Default. You will be in default if any of the following occur: • You fail to make a payment as required by this Agreement. • Your action or inaction adversely affects the Property or our rights in the Property. • You engage in fraud or material misrepresentation in connection with this Line of Credit. • You are an executive officer of ours or our affiliate and you become indebted to us or another lender in an aggregate amount greater than the amount permitted under federal laws and regulations. Suspension of Credit and Reduction of Credit Limit. We may temporarily prohibit you from obtaining additional advances or reduce your Credit Limit during any period in which any of the following are in effect: • The value of the Property securing this Line of Credit declines significantly below its appraised value for purposes of this Line of Credit. • We reasonably believe that you will not be able to meet the repayment requirements under your Line of Credit due to a material change in your financial circumstances. • You are in default of a material obligation under this Line of Credit. You understand that we consider all of your obligations to be material. Categories of obligations that we consider material include, but are not limited to, your obligation to not commit fraud or misrepresentation in connection with this Line of Credit; your obligation to meet the repayment terms of this Line of Credit; your obligation to not adversely affect the Property or our rights in the Property; your obligation to pay fees and charges; your advance obligations; your obligation to fulfill the terms of the instrument securing this Agreement, and any other security instruments on the Property; your obligation to notify us, and your obligation to provide us with information. • Government action prevents us from imposing the annual percentage rate provided for in this Agreement • 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 120 percent of your Credit Limit. • We are notified by a regulatory agency that continued advances constitute an unsafe and unsound practice. • Any Borrower requests a suspension of credit privileges. In order to reinstate your credit privileges under the original terms of this Agreement, you must send us a written request to that effect. Your credit privileges will only be reinstated if we determine that the condition that caused us to prohibit additional extensions and/or reduce the Credit Limit no longer exists. If appraisal or credit report fees are incurred in making this determination, we may (if allowed by applicable law) charge you such fees. If credit privileges were suspended at your request, they need not be reinstated unless all Borrowers request reinstatement. Remedies. After you default, and after we give any legally required notice and opportunity to cure, we may at our option do any of the following: • We may terminate this Line of Credit and make all or any part of the amount owing by the terms of this Agreement immediately due. • We may temporarily or permanently prohibit any additional advances. • We may temporarily or permanently reduce the Credit Limit. • We may demand additional security or additional parties to be obligated to pay this Agreement. • We may make a claim for any and all insurance benefits or refunds that may be available on your default. • We may make amounts advanced on your behalf immediately due, and we may add these amounts to the Loan Account Balance. • We may use any and all remedies we have under applicable law or any agreement securing this Agreement. Except as otherwise required by law, by choosing a remedy we do not give up our right to use another remedy. We do not waive a default if we choose not to use a remedy. By electing not to use any remedy, we do not waive our right to later consider the event a default and to use any remedies if the default continues or occurs again. Collection Expenses and Attorneys’ Fees. On or after default, to the extent permitted by law, you agree to pay all expenses of collection, enforcement or protection of our rights and remedies under this Line of Credit. Expenses include, but are not limited to, court costs, and other legal expenses. Expenses do not include attorneys’ fees except as awarded by a court in accordance with other (non UCCC) statutes of Oklahoma. To the extent permitted by the United States Bankruptcy Code, you agree to pay the reasonable attorneys’ fees we incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. Set-Off. We may set off any amount due and payable under the terms of this Agreement against your right to receive money from us, unless prohibited by applicable law. Amendments. Generally, the terms of this Agreement cannot be changed. We may, however, make the following changes: • We may make changes that you agree to in writing at the time of the change. • We may make changes that will unequivocally benefit you. • We may make insignificant changes. In addition, we may make the following specific changes, upon the occurrence of the events described: ☐ We will increase the ANNUAL PERCENTAGE RATE % if you fail to maintain a deposit account at our institution ☐ We will increase the ANNUAL PERCENTAGE RATE % if you cancel the agreement to pay all periodic payments by automatic withdrawal. If we are required to send notice of a change in terms, we will send the notice to your address listed above. (You should inform us of any change in address.) Termination. You may terminate this Line of Credit at any time upon written notice to us. Termination by one Borrower terminates the Line of Credit for all Borrowers. Termination will not affect your obligation to repay advances made prior to the termination, nor will it alter your duties to perform under the terms of an instrument securing this Agreement until such instrument is released. Upon termination you will return to us any remaining access devices in your possession that were issued or used in connection with the Line of Credit. Waivers and Consent. To the extent not prohibited by law and except for any required notice of right to cure for the failure to make a required payment, you waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. To the extent not prohibited by law, you and any other party to this Line of Credit also consent to the following actions that we may take, and waive defenses that may be available based on these actions, or based on the status of a party to this Line of Credit: • We may renew or extend payments on this Agreement, regardless of the number of such renewals or extensions. • We may release any Borrower or other person who may be liable for the indebtedness under this Agreement. • We may release, substitute or impair any Property securing this Agreement. • We may invoke our right of set-off. • We may enter into any sales or repurchases of this Agreement to any person in any amounts and you waive notice of such sales or repurchases. • You agree that any Borrower is authorized to modify the terms of this Agreement or any other Line of Credit document. • We may inform any party who guarantees this Line of Credit of any loan accommodations, renewals, extensions, modifications, substitutions or future advances. • No delay or forbearance on our part in exercising any of our rights or remedies will be construed as a waiver by us, unless such waiver is in writing and is signed by us. Periodic Statements. If you have an outstanding balance on your account or have any account activity, we will send you a periodic statement at the end of each Billing Cycle. This periodic statement will reflect, among other things, credit advances, finance charges, other charges, payments made, other credits, your previous account balance and your new account balance. The periodic statement will also identify your Minimum Payment for the cycle and the Payment Date. Joint and Individual Liability and Successors. Your obligation to pay this Line of Credit is independent of the obligation of any other person who has also agreed to pay it. We may sue you alone, or anyone else who is obligated on this Line of Credit, or any number of you together, to collect on this Line of Credit. Extending this Line of Credit or new obligations under this Line of Credit, will not affect your duty under this Line of Credit and you will still be obligated to pay this Line of Credit. The duties and benefits of this Line of Credit will bind and benefit the successors and assigns of you and us. Integration and Severability. This Agreement is the complete and final expression of our agreement. If any provision of this Agreement is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. Interpretation. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Agreement. Notice, Financial Reports and Additional Documents. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address above, or to any other address designated in writing. Notice to one Borrower will be deemed to be notice to all Borrowers. You will inform us in writing of any change in your name, address or other application information. You will provide us any financial statement or information we request. All financial statements and information you give us will be correct and complete. You agree to sign, deliver and file any additional documents or certifications that we may consider necessary to perfect, continue and preserve your obligations under this Line of Credit and to confirm our lien status on any Property. Time is of the essence. Credit Information. You agree to supply us with whatever information we reasonably feel we need to decide whether to continue this Line of Credit. We will make requests for this information without undue frequency, and will give you reasonable time in which to supply the information. Applicable Law. This Agreement is governed by the laws of Oklahoma, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located. 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 at the address listed on your bill. Write to us as soon as possible. We must hear from you no later than 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, checking, share draft or other account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three 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 30 days, unless we have corrected the error by then. Within 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 that 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 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. Signatures You understand that terms following a ☐ only apply if checked. By signing, you agree to the terms of this Agreement. You also acknowledge receipt of a copy of this Agreement on today's date. Borrower James M Ast 7-15-15 JAMES M AST, Borrower Date Lender (Optional) Date TitleOne, LLC 2642 E. 21st St., Ste. 290 Tulsa, OK 74114 After recording return to: Arvest Bank P.O. Box 940 Rogers, AR 72757-0940 MORTGAGE (With Future Advance Clause) 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is 07/15/2015. The parties and their addresses are MORTGAGOR: JAMES M AST An unmarried individual 3420 E ADMIRAL CT TULSA . OK 74115-8204 If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments LENDER: Arvest Bank - Tulsa 502 S Main Mall Tulsa, OK 74103-4425 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender, with the power of sale, the following described property: Lot One (1), Block Six (6), SEQUOYAH HILLS ADDITION, an Addition to the City of Tulsa, Tulsa County, State of Oklahoma, according to the recorded Plat thereof. The property is located in Tulsa, Oklahoma at: 3420 E ADMIRAL CT, TULSA, Oklahoma 74115-8204 Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $40,000.00 This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows A debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (You must specifically identify the debts secured and you should include the final maturity date of such debt(s).) The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No: 375035894, dated 07/15/2015 from Mortgagor to Lender, with a maximum credit limit of $40,000.00 and maturing on 08/01/2020. Mortgage Tax Certification DENNIS SEMLER, Tulsa County Treasurer Date 8/28/2015 Tax 4C.02 Deputy MAH Receipt 42421 B All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C All other obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender D All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in Mortgagor's principal dwelling that is created by this Security Instrument 5. MORTGAGE COVENANTS. Mortgagor agrees that the covenants in this section are material obligations under the Secured Debt and this Security Instrument. If Mortgagor breaches any covenant in this section, Lender may refuse to make additional extensions of credit and reduce the credit limit. By not exercising either remedy on Mortgagor's breach, Lender does not waive Lender's right to later consider the event a breach if it happens again. Payments. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees to make all payments when due and to perform or comply with all covenants. Mortgagor also agrees not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written approval. Claims Against Title. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property Property Condition, Alterations and Inspection. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. Authority to Perform. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. Leaseholds; Condominiums; Planned Unit Developments. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by laws, or regulations of the condominium or planned unit development. Condemnation. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. Insurance. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause". Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. Financial Reports and Additional Documents. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell and mortgage the Property. Mortgagor also warrants that the Property is unencumbered except for encumbrances of record. 7. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. 8. DEFAULT. Mortgagor will be in default if any of the following occur: Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt that is an open end home equity plan. Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make a payment when due. Property. Any action or inaction by the Borrower or Mortgagor occurs that adversely affects the Property or Lender's rights in the Property. This includes, but is not limited to the following: (a) Mortgagor fails to maintain required insurance on the Property; (b) Mortgagor transfers the Property; (c) Mortgagor commits waste or otherwise destructively uses or fails to maintain the Property such that the action or inaction adversely affects Lender's security; (d) Mortgagor fails to pay taxes on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is senior to the lien of this Security Instrument; (e) a sole Mortgagor dies; (f) if more than one Mortgagor, any Mortgagor dies and Lender's security is adversely affected; (g) the Property is taken through eminent domain; (h) a judgment is filed against Mortgagor and subjects Mortgagor and the Property to action that adversely affects Lender's interest; or (i) a prior lienholder forecloses on the Property and as a result, Lender's interest is adversely affected. Executive Officers. Any Borrower is an executive officer of Lender or an affiliate and such Borrower becomes indebted to Lender or another lender in an aggregate amount greater than the amount permitted under federal laws and regulations. 9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security Instrument, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure, or other notices and may establish time schedules for foreclosure actions. At the option of the Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. Lender shall be entitled to, without limitation, the power to sell the Property. If Lender invokes the power of sale, Lender shall give notice in the manner required by law to Mortgagor and any other persons entitled to receive notice. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by law. Lender or its assignee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by law. The acceptance by Lender of any sum in payment of partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it happens again. 10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Mortgagor breaches any covenant in this Security Instrument, Mortgagor agrees to pay all expenses Lender incurs in performing such covenants or protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred for inspecting, preserving, or otherwise protecting the Property and Lender's security interest. These expenses are payable on demand and will bear interest from the date of payment until paid in full at the highest rate of interest in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, reasonable attorneys' fees (not to exceed 15% of the unpaid debt after default), court costs, and other legal expenses. To the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. This Security Instrument shall remain in effect until released. 11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section: (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA", 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material", "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been -are and shall remain in full compliance with any applicable Environmental Law. C Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 13. JOINT AND INDIVIDUAL LIABILITY: CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt. Mortgagor does so only to mortgage Mortgagor’s interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagee, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 14. SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of the Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 15. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party’s address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 16. WAIVER OF APPRAISEMENT. Appraisement of the Property is waived or not waived at Lender’s option. Lender shall exercise this option before or at the time judgment is entered in any foreclosure. 17. LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. 18. APPLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to the extent required by the laws of the jurisdiction where the Property is located, and applicable federal laws and regulations. 19. RIDERS. The covenants and agreements of the riders below are incorporated into and supplement and amend the terms of this Security Instrument. 20. [ ] ADDITIONAL TERMS. NOTICE TO MORTGAGOR: A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW LENDER TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY MORTGAGOR UNDER THIS MORTGAGE. SIGNATURES: By signing below, Mortgagor agrees to the terms and covenants contained in this Security Instrument and to any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1 James M Ast 7-15-15 [Signature] JAMES M AST [Date] (signature) (DATE) [Date] ACKNOWLEDGMENT: STATE: OK COUNTY: Tulsa This instrument was acknowledged before me this 11th day of July, 2015 by JAMES M AST. My commission expires: 11-13-17 Commission number 0000495 (Space Above This Line For Recording Data) LOAN NUMBER: 5894 NMLS ORIGINATOR IDENTIFIER: 9108 MODIFICATION AGREEMENT - MORTGAGE THIS MODIFICATION AGREEMENT ("Agreement") is made this 6th day of July, 2020, between James M Ast, a single individual, whose address is 3420 E Admiral Court, Tulsa, Oklahoma 74115-8204 ("Mortgagor"), and Arvest Bank whose address is 2029 W Kenosha St, Broken Arrow, Oklahoma 74012 ("Lender"). Arvest Bank and Mortgagor entered into a Mortgage dated July 15, 2015 and Recorded on August 28th, 2015 as document #2015077604, records of County of Tulsa, State of Oklahoma ("Mortgage"). The Mortgage covers the following described real property: Address: 3420 E Admiral Court, Tulsa, Oklahoma 74115-8204 Legal Description: Lot One (1), Block Six (6), SEQUOYAH HILLS ADDITION, an Addition to the City of Tulsa, Tulsa County, State of Oklahoma, according to the recorded Plat thereof. It is the express intent of the Mortgagor and Lender to modify the terms and provisions set forth in the Mortgage. Mortgagor and Lender hereby agree to modify the Mortgage as follows: * The following debts and all extensions, renewals, refinancing, modifications and replacements. A renewal note or other agreement, No. 5894, dated July 6, 2020 from Mortgagor to Lender, with a loan amount of $29'773.55 and maturing on July, 6, 2027.. Mortgagor and Lender agree that the Mortgage including such changes, modifications, and amendments as set forth herein, shall remain in full force and effect with respect to each and every term and condition thereof and nothing herein contained shall in any manner affect the lien of the Mortgage on the Property. Nothing contained herein shall in any way impair the Mortgage or the security now held for the indebtedness thereunder, or alter, waive, annul, vary, or affect any provision, term, condition, or covenant therein, except as herein provided, nor affect or impair any rights, powers, privileges, duties, or remedies under the Mortgage it being the intent of Mortgagor and Lender that the terms and provisions thereof shall continue in full force and effect, except as specifically modified herein. Nothing in this Agreement shall constitute a satisfaction of the promissory note or notes, or other credit agreement or agreements secured by the Mortgage. Lender's consent to this Agreement does not waive Lender's right to require strict performance of the Mortgage modified above, nor obligate Lender to make any future modifications. Any guarantor or cosigner shall not be released by virtue of this Agreement. If any Mortgagor who signed the original Mortgage does not sign this Agreement, then all Mortgagors signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. This Agreement shall be binding upon the heirs, successors, and assigns with respect to parties hereto. Whenever used, the singular shall include the plural, the plural, the singular, and the use of any gender shall be applicable to all genders. ORAL AGREEMENTS DISCLAIMER. This Agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. By signing below, Mortgagor and Lender acknowledge that they have read all the provisions contained in this Agreement, and that they accept and agree to its terms. James M Ast Date INDIVIDUAL ACKNOWLEDGMENT STATE OF OKLAHOMA COUNTY OF Tulsa This instrument was acknowledged by James M Ast, a single individual, before me on July 6, 2020. In witness whereof, I hereunto set my hand and my official seal. My commission expires: Aug 21, 2023 TIM J MCCAWLEY Notary Public - State of Oklahoma Official Commission Number 07008057 My Commission Expires Aug 21, 2023 Identification Number 07008057 LENDER: Arvest Bank By: Gina Graig Its: CPU Senior Processor BUSINESS ACKNOWLEDGMENT STATE OF OKLAHOMA ) COUNTY OF TUCLA ) This instrument was acknowledged on the 10th day of July, 2020, by: Gina Craig, CPM Senior Processor on behalf of Arvest Bank, a(n) State Bank, who personally appeared before me. In witness whereof, I hereunto set my hand and official seal. My commission expires: (Official Seal) DERRICK JOHNSON Notary Public - State of Oklahoma Commission Number 15010722 My Commission Expires Dec 2, 2023 HOME EQUITY LINE OF CREDIT AGREEMENT AND TRUTH IN LENDING DISCLOSURE STATEMENT Arvest Bank 218 S Memorial Dr Tulsa, Oklahoma 74112 (918)631-1000 NMLS Company Identifier: 403249 NNILS Originator Identifier: 1787807 <table> <tr> <th>ACCOUNT NUMBER</th> <th>AGREEMENT DATE</th> <th>CREDIT LIMIT</th> </tr> <tr> <td>[REDACTED 9879]</td> <td>November 7, 2018</td> <td>$59,500.00</td> </tr> </table> MATURITY DATE: November 21, 2043 BORROWER INFORMATION James M Ast 3420 E ADMIRAL Court TULSA, OK 74115-8204 Thank you for requesting a Home Equity Line. This is the Agreement governing its use. In this Agreement, the words "you" and "your" refer to all persons (individually and, if more than one, jointly) who sign this Agreement. The words "we," "our," "us" and "Lender" refer to Arvest Bank, with which you maintain a Home Equity Line, or any other person or entity to which Arvest Bank assigns this Agreement, or any of its rights under this Agreement. DEFINITIONS. In relation to your Account and this Agreement, the following words shall have the meaning indicated: "Access Device" means a device or method of access, such as an internet banking transfer, and a telephonic transfer, through which you can request an Advance. "Account" means the Home Equity Line approved by Lender for your use. "Advance" means an extension of credit to you or on your behalf under this Agreement. "Agreement" means this Home Equity Line Agreement and Disclosure Statement. "Annual Percentage Rate" means the cost of your credit expressed as a yearly rate. The Annual Percentage Rate for your Account will be calculated as set forth below in the ANNUAL PERCENTAGE RATE section of this Agreement. "Application" means your request to Lender for the establishment of a Home Equity Line in a manner approved by Lender. "Authorized User" means any person permitted by you to obtain credit under your Account, whether or not named in your Application. There may be multiple Authorized Users at any particular time. "Billing Cycle" means the time period that elapses between regular Monthly Billing Statements. "Change Date" means the date on which a different Annual Percentage Rate may apply to your Account, as set forth below in the ANNUAL PERCENTAGE RATE section of this Agreement. "Closing Date" means the date of the last day of a Billing Cycle. "Collateral" means the property you have pledged to secure your Account, as evidenced by the Mortgage you have granted to Lender in connection with this Agreement. The Account is secured by the property located at: 3420 East Admiral Court. Tulsa, OK 74115 "Credit Limit" means the maximum amount of credit available to you on your Account as established by Lender as set forth below in the CREDIT LIMIT section of this Agreement. "Daily Periodic Rate" means 1/365th of the applicable Annual Percentage Rate as calculated in the ANNUAL PERCENTAGE RATE section of this Agreement, set forth below. "Draw Period" means the period of time after your Account is opened during which you may obtain Advances under the terms of this Agreement. "Finance Charge" means the cost of credit extended to you on your Account, as determined by Lender expressed as a dollar amount. "Fully Amortize" means to calculate your Minimum Monthly Payment amount for the Repayment Period of your Account in such a way that, based on the outstanding balance at the beginning of the Repayment Period and the interest rate then in effect: (a) each payment consists of principal and interest; (b) each payment amount is substantially equal; and (c) if each payment is made on the Payment Due Date, the total of the payments will be sufficient to repay the outstanding principal and finance charges in full by the scheduled expiration of the Repayment Period. "Material Obligations" refer to any italicized and bolded text in this document. "Minimum Monthly Payment" means the minimum allowable payment as calculated in the MINIMUM PAYMENT REQUIREMENTS section of this Agreement, set forth below. "Monthly Billing Statement" means the statement furnished to you on a monthly basis reflecting all charges and credits to your Account during the Billing Cycle. "New Balance" means the total of the Previous Balance, plus Advances, plus Finance Charge, plus other applicable fees and charges, minus payments and credits, posted to your Account during a Billing Cycle. "Payment Due Date" means the date on which payment on your account is due. The Payment Due Date is specified on your Monthly Billing Statement. "Previous Balance" means the balance of your Account at the beginning of a Billing Cycle. This amount is carried over from the New Balance on your Monthly Billing Statement from the month before. "Protective Advance" means an advance of funds made by Lender under the terms of this Agreement, to protect Lender's security interest in the Collateral, as set forth below in the sections ADVANCES, SECURITY INTEREST and DEFAULT AND ACCELERATION. Protective Advances will be charged to your Account as an Advance. "Repayment Period" means the period of time following the Draw Period where you will no longer be allowed to obtain advances and must pay any outstanding balance. PROMISE TO PAY. You promise to pay Lender, pursuant to the terms of this Agreement, all amounts charged to your Account by you or any Authorized User who has access to your Account with the actual, apparent, or implied authority to use the Account, including Finance Charges and other costs and fees, and to the extent permitted by law, reasonable attorneys' fees, and costs of collection. JOINT AND SEVERAL LIABILITY. If your Account is a joint Account, all liability is joint and several. ADVANCES. You may, from time to time, request Advances under your Account by the use of internet banking transfers, and telephonic transfers, furnished or made available to you by Lender. If the Account is opened jointly, all borrowers are authorized to request Advances, not exceeding the Credit Limit, and all borrowers agree to be jointly and severally responsible for each and all Advances. Lender is not obligated to honor any Access Device other than those supplied or approved by Lender. Lender also is not obligated to honor any Access Device that would cause you to exceed your Credit Limit or that is presented after credit privileges on your Account have been suspended. If Lender allows you to exceed your Credit Limit, the principal amount you owe in excess of your Credit Limit after deducting Protective Advances will be unsecured. CREDIT LIMIT. This Account has a Credit Limit, at any one time outstanding, of $59,500.00. You agree to keep the unpaid balance of your Account within the Credit Limit. If Lender allows Advances which cause this limit to be exceeded, you agree to repay the excess immediately upon demand. FEES AND CHARGES. The following fees and charges are payable, or have been paid, in connection with your Account: Closing Costs. You agree to pay the following fees and charges at the time you enter into this Agreement: Arvest Bank $150.00 Third Party Costs. The following fees and charges are payable, or have been paid, to third parties in connection with your Account: Mortgage Recording fee Tulsa County $23.00 Appraisal Mark Brawley Appraisal Associates, Inc $175.00 Flood Certification CoreLogic $9.00 Mortgage Tax Fee OK Tulsa County $64.50 Title Search TitleOne LLC $125.00 THIRD PARTY PAYMENT ACKNOWLEDGMENT AND AGREEMENT. You acknowledge and agree that some payments made to third parties as part of this transaction including, but not limited to, payments for insurance premiums for insurance purchased in connection with this transaction, may result in money being retained by Lender or paid to Lender in the form of commissions or other remuneration. HAZARD INSURANCE. You agree to insure the Collateral through a company of your choice subject to Lender's reasonable approval, and you further agree to pay any costs associated with obtaining and maintaining such insurance. You agree to name Lender as loss payee or, at Lender's request, mortgagee in the insurance policy. You agree to deliver satisfactory evidence of such insurance to Lender upon request. MINIMUM PAYMENT REQUIREMENTS. Your Account will have a Minimum Monthly Payment during the Draw Period and Repayment Period as described below. The Minimum Monthly Payment may be increased for any amount past due, any amount by which the Credit Limit is exceeded, and all other charges. Minimum payment requirements apply regardless of payments made in prior months but are subject to your right to withhold payment of amounts that you have disputed under disclosed billing error resolution procedures. Payment will be due on the Payment Due Date specified in your Monthly Billing Statement. Subject to the minimum payment requirements described in this section, you may pay any or all parts of your outstanding balance at any time without penalty. All payments you make on your Account shall be in lawful money of the United States of America. Draw Period. You can obtain advances of credit for 120 months (the "Draw Period"). During the Draw Period, payments will be due monthly. Your Minimum Monthly Payment will be equal to the interest that has accrued on your Account as of the closing date of each billing statement. Your Minimum Monthly Payment during the Draw Period will not reduce your outstanding principal balance. Repayment Period. After the Draw Period ends, you will no longer be able to obtain credit advances and must pay the outstanding balance over 180 months (the "Repayment Period"). Your initial Minimum Monthly Payment during the Repayment Period will be determined based on the outstanding balance of your Account at the beginning of the Repayment Period and using the interest rate in effect at the beginning of the Repayment Period to calculate monthly payments which will Fully Amortize your Account. Changes in the Annual Percentage Rate during the term of the Repayment Period, as described below in the section ANNUAL PERCENTAGE RATE, will be reflected in changes to the amount of your Minimum Monthly Payment. After each change in the Annual Percentage Rate, Lender will calculate a new Minimum Monthly Payment amount that will Fully Amortize your Account over the then-remaining term of the Repayment Period. LATE PAYMENT. If the Minimum Monthly Payment is more than 15 days late, Lender will impose a late charge of 5.0 percent of the Unpaid Portion of Payment or $5.00, whichever is greater. However, this charge will not be greater than $25.00. APPLICATION OF PAYMENTS. Lender reserves the right to apply payments received in payment of your Account in any manner Lender may choose, in Lender's sole discretion, unless a specific order is required by law. FINANCE CHARGE. A Finance Charge will be assessed on the Average Daily Balance of your Account for every day of your Billing Cycle. A Finance Charge begins to accrue whenever an Advance is posted to your Account, regardless of when and how much you pay after being billed. To get the Average Daily Balance, Lender takes the beginning balance of your Account for every day of the Billing Cycle, adds all new Advances, subtracts all payments and credits, all unpaid late charges, all unpaid Finance Charges, and all other charges. This gives Lender the daily balance. Lender then adds up all the daily balances and divides the total by the number of days in the Billing Cycle. The result is the Average Daily Balance for the Billing Cycle. Lender figures the Finance Charge on your Account by multiplying the applicable Daily Periodic Rate by the Average Daily Balance of your Account and multiplying the result by the number of days in the Billing Cycle. The result is the amount of Finance Charge for the Billing Cycle. ANNUAL PERCENTAGE RATE. Your Account will be subject to a variable Annual Percentage Rate equal to the Wall Street Journal published Prime Rate ("Index") (if published in a range, the highest number in the range will be used) ("Index") in effect on the Change Date, plus 0.500 percentage point ("Margin"). A change in the Index will cause a change in the Annual Percentage Rate as of the Change Date, which is the same day as the Index change. Increases or decreases in the Annual Percentage Rate will result in like increases or decreases in the Finance Charge you owe on your Account, but will not affect the method that Lender uses to determine your Minimum Monthly Payment. An increase in the Annual Percentage Rate during the Draw Period will result in higher Minimum Monthly Payment amounts. An increase in the Annual Percentage Rate during the Repayment Period will result in higher Minimum Monthly Payment amounts. Your Account is currently subject to a Daily Periodic Rate of 0.0158% and an ***ANNUAL PERCENTAGE RATE*** of 5.75%. In any event, your Annual Percentage Rate will never be more than 21.0000% per annum. Except as limited by the maximum amount, there is no limit on the amount the Annual Percentage Rate can increase or decrease on any Change Date. This Annual Percentage Rate does not include costs other than interest. You understand that the reference to the Index specified in this Agreement is solely for the purpose of establishing an Index from which the Annual Percentage Rate actually assessed on your Account will be determined, and that the Annual Percentage Rate is figured by referencing the Index specified and not by referencing the actual rate of interest charged by any institution to any particular borrower(s). IRREGULAR PAYMENTS. Lender's acceptance of late payments or partial payments, or payments marked "payment in full," or bearing language to the same effect, will not operate as a waiver of any of its rights under this Agreement. Lender's acceptance of such irregular payments will not affect your unpaid balance as reflected in Lender's records except to the extent that such payments would affect your unpaid balance were such payments not irregular. ACCOUNT ACCESS AND LOST ACCESS DEVICES. All Access Devices, including internet banking transfer access codes, and telephonic transfer access codes, are the property of Lender. You agree to return all Access Devices in your possession upon Lender's request if, at the time of the request, Advances have been suspended or terminated. You will immediately notify Lender if you or any Authorized User loses or misplaces any Access Device, or you believe your Internet Banking transfer or Telephonic transfer Access Code (personal identification number) has been stolen. MONTHLY STATEMENTS AND NOTICES. Lender will furnish you a Monthly Billing Statement showing the transactions on your Account during the preceding Billing Cycle. You agree to review each statement and advise Lender in writing of any errors or problems within sixty (60) days after Lender furnishes you the first Monthly Billing Statement on which the error or problem appears. Likewise, you agree to notify Lender promptly and in writing of any change in your address. Each Monthly Billing Statement is deemed to be a correct statement of your Account unless you establish a billing error under the Federal Truth In Lending Act. SECURITY INTEREST. You give Lender a Mortgage on real property ("Security Instrument") as Collateral to secure all Advances up to your Credit Limit. However, Protective Advances are secured by the Collateral even if they cause the Account balance to exceed the Credit Limit. You agree to fully cooperate with Lender at its request and do whatever is necessary for Lender to take or continue its interest in the property that is intended to be Collateral for your Account. Except for liens described in the Security Instrument delivered to Lender you agree not to permit, create, or allow any mortgage, encumbrance, or other lien on the Collateral described in the Security Instrument without Lender's prior written consent. The Collateral given under this SECURITY INTEREST section is to secure the performance of the covenants in this Agreement, including, without limitation, repayment of all Advances and payment of accrued Finance Charges and other charges. Even if any provision contained in any other document related to this Agreement says otherwise, it is specifically understood and agreed that the only security interest given to Lender for the purposes of this Agreement is in the real property described in the Security Instrument and all improvements situated on that real property, including your dwelling. RIGHT OF RESCISSION. If your Account is secured by a security interest in your principal residence, you are entitled to a three (3) business day right of rescission under federal law. By obtaining the first Advance of your Account, you warrant and acknowledge that before the Advance, more than three (3) business days passed from the time Lender provided all of the individuals entitled to rescind this Agreement with two (2) copies each of the notice of right of rescission, as well as copies of Truth in Lending Disclosures (at application and closing, including the Truth In Lending disclosures contained in this Agreement) and a copy of the Consumer Financial Protection Bureau brochure "What You Should Know About Home Equity Lines of Credit", and that no person entitled to rescind has exercised this right of rescission. NOTIFICATION OF INTENT TO SELL PROPERTY. You agree to give Lender prior written notice of any intended sale or other transfer, whether as security or otherwise, of property which is Collateral for the amounts due under this Agreement. You acknowledge and agree that the sale or other transfer of such property without Lender's written consent is a default under this Agreement. Further, you agree that this loan cannot be assumed by any other party nor can title to the property be taken subject to this Agreement. DEFAULT AND ACCELERATION. You will be in "default" if: (a) You fail to make payments according to the terms of this Agreement, including, to the extent permitted by law, through the filing of a bankruptcy action; or (b) You make a false or misleading statement, including any act of omission, on your Account application or in any representation to Lender while your Account is open, to the extent that fraud or misrepresentation as determined by state law occurs; or (c) Your action or inaction adversely affects the Collateral securing this Account or any of Lender's rights in the Collateral. For example, but not by way of limitation, you will be in default if: you transfer title to or sell the Collateral without Lender's permission; you fail to maintain required insurance; you fail to pay taxes on the Collateral; you permit liens to be filed against the Collateral that are senior to Lender's lien; you die and are the only person obligated under this Agreement, or you die and are one of two persons obligated under this Agreement and your death adversely affects Lender's security interest in the Collateral; the Collateral is taken through eminent domain; a prior lienholder forecloses; a judgment is filed against you, and the amount of the judgment and the Collateral subject to the judgment is such that Lender's security interest is adversely affected; you commit waste or otherwise destructively use or fail to maintain the Collateral; you use the Collateral illegally and thereby subject the Collateral to seizure; or the Collateral securing the Account is your dwelling, and you move out of the dwelling and that action adversely affects Lender's security interest in the Collateral. If you are in default as provided for above, Lender may, after any required notices and to the extent permitted by law, terminate your Account and declare the entire balance of your Account immediately due and payable. At Lender's option, Lender may instead, after any required notice and to the extent permitted by law, temporarily or permanently prohibit additional Advances or reduce your Credit Limit. However, even if your Account is terminated, Advances suspended, or Credit Limit reduced, Lender may still, but is not required to, make Protective Advances to protect its interest in the Collateral. All Protective Advances are subject to the terms of this Agreement and are secured by the Collateral. CANCELLATION. You may cancel your Account at any time by notifying Lender in writing. If two or more persons are obligated under this Agreement, any one of them may provide Lender with a written request not to permit further Advances under this Agreement, which request Lender may honor. If such an action occurs and the person who made the request to Lender subsequently requests in writing that Lender reinstate all privileges, Lender may do so or Lender may require that all persons obligated under this Agreement agree in writing to reinstate credit privileges. In any event, Lender shall not be obligated to reinstate credit privileges if other conditions exist that permit Lender to suspend Advances. TEMPORARY SUSPENSION OF CREDIT AND/OR REDUCTION OF CREDIT LIMIT. Lender may, after any required notice and to the extent permitted by law, temporarily prohibit Advances and/or reduce your Credit Limit if: 1. The value of the dwelling securing your Account declines significantly below the appraised value upon which Lender relied in extending credit under this transaction; or 2. Lender reasonably believes that you will not be able to meet your Account repayment requirements due to a material change in your financial condition; or 3. You are in default of a material obligation under this Agreement (your material obligations for this purpose are in italics in this Agreement); or 4. Government action prevents Lender from imposing the Annual Percentage Rate called for, or impairs Lender's security for your Account such that the value of the Collateral is less than 120% of your Credit Limit; or 5. A regulatory agency notifies Lender that continued Advances would constitute an unsafe and unsound practice; or 6. The Annual Percentage Rate would exceed the maximum rate allowed under your Account. If Lender temporarily prohibits Advances or reduces your Credit Limit because any of the above conditions exist, within three business days after the time such action is taken, Lender will mail or deliver a written notice of such action, including a reason for it, to each person who is affected. If Advances have been suspended or your Credit Limit reduced, you will have to make a written request to Lender for reinstatement of your credit privileges or Credit Limit to its prior level before Lender will consider such reinstatement. If you make such a request, Lender will investigate and determine whether the condition which caused Lender's action has changed. You will be notified of Lender's reinstatement action or that Lender's prior action remains in effect. If the condition which caused Lender's action has changed, but another condition exists which itself allows continued temporary suspension of credit and/or reduction of Credit Limit and/or Account termination, Lender may react to such condition in a manner consistent with this Agreement. WAIVERS. (a) To the extent permitted by law, you agree to waive presentment, notice of dishonor, and protest on behalf of yourself and all makers, sureties, guarantors, and endorsers of the Agreement. The obligations of this Agreement shall be the joint and several obligation of all makers, sureties, guarantors, and endorsers, and shall be binding upon them and their successors and assigns. (b) You agree to waive and release Lender from all defenses, rights, and claims you may have against any person or company honoring an Access Device or not permitting a Credit Purchase, except where such rights cannot be waived under the Fair Credit Billing Act (see NOTICE OF CONSUMER BILLING RIGHTS) or other applicable law. GOVERNING LAW. Except as federal law may apply, this Agreement is governed by the laws of the state of Oklahoma. AMENDMENT. Lender may change the terms of this Agreement, if the change is to your unequivocal benefit, by mailing or delivering notice to you of the change within the time limits described by the Federal Truth in Lending Act and Regulation Z. In addition, Lender may change the terms of this Agreement: 1. If this is a variable rate Agreement and the Index used to determine the variable interest rate under this Agreement ceases to exist, in which case Lender may substitute an appropriate Margin and an appropriate and substantially similar Index; or 2. If you agree to the change in writing; or 3. If the change is insignificant, such as a change in Lender's address for sending a notice of an alleged billing error. TAX DEDUCTIBILITY. You should consult a tax advisor regarding the deductibility of interest and charges under this equity line of credit. LIMITATION ON THE USE OF ADVANCED PROCEEDS. You agree that you will not use your line of credit to acquire or refinance a one-to-four family dwelling used to secure this Account. SETOFF. To the extent permitted by law, Lender has the right to set off any mutual indebtedness. This right will not extend to any Keogh account or IRA. We will not be liable for the dishonor of any check when the dishonor occurs because we setoff a debt against your account. You agree to hold us harmless from any claim arising as a result of us exercising our right to setoff. COLLECTION OF COSTS. To the extent permitted by law, you agree to reimburse Lender for all reasonable costs, expenses, and reasonable attorneys' fees incurred in enforcing its rights under this Agreement. To the extent permitted by law, Lender may, but is not required to, make one or more Advances on your behalf to pay such costs, expenses, and fees. FUTURE INFORMATION. Whenever you seek an advance on your Account, Lender may require such proof as it deems necessary to verify your identity. You agree to provide information to update Lender's records related to your Account, and any other financial information related to you, at Lender's request. BILLING STATEMENTS. Lender will furnish you a Monthly Billing Statement every month in which there is a debit or credit of more than one dollar ($1.00) or whenever a Finance Charge has been imposed. Lender does not have to furnish you a Monthly Billing Statement if it believes that your Account is uncollectible or if it has started a collection proceeding. AGREEMENT ENFORCEMENT. If any provision of this Agreement is determined to be unenforceable or invalid by a court of competent jurisdiction, all other provisions will remain in full force and effect. If you cancel your Account, or if your Account is terminated, this Agreement will remain in effect, to the extent applicable, as to any unpaid balance. ASSIGNMENT. This Agreement may not be assigned by you without Lender's prior written consent. You understand and agree that Lender may assign this Agreement and the security interest securing it without your prior written consent. LENDER'S RIGHTS. Lender does not lose any of its rights, whether arising under this Agreement, any other instrument related to this Agreement, by law, or otherwise, if it delays enforcing them or waives them in a particular instance. ORAL AGREEMENTS DISCLAIMER. This Agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties ADDITIONAL PROVISIONS. Notices and customer communications: You expressly consent to be contacted, by Arvest, our agents, assigns, debt collectors, or anyone calling on our behalf, for any and all purposes, at any telephone number you have provided or we feel we may be able to reach you on, or physical or electronic address you provide or which you may be reached, including any wireless telephone number. You agree that we may contact you in any way, including calls or prerecorded or artificial voice or text messages delivered by an automatic telephone dialing system, or email messages delivered by an automatic emailing system. You further agree and promise to immediately notify us whenever any of your telephone numbers or contact information changes or is no longer used by you. SIGNATORY. By signing below, you acknowledge that you are contractually liable under this Agreement. You also acknowledge receipt of a copy of this Agreement, Truth in Lending Disclosures and a copy of the Consumer Financial Protection Bureau brochure "What You Should Know About Home Equity Lines of Credit" provided by Lender to you at or about the time you requested an application. James M Ast 11-7-18 James M Ast Date LENDER: Arvest Bank Rachael Buffington 11-7-18 By: Rachael Buffington Date Its: Financial Sales Rep (FSR) NOTICE OF CONSUMER BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE In the following Notice, Borrower is referred to as "you" or "your". 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 our address shown on your bill. Write to us as soon as possible. We must hear from you no later than 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: a) Your name and account number b) Dollar amount of the suspected error c) 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 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 30 days, unless we have corrected the error by then. Within 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 that 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 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 $50.00 of the questioned amount, even if your bill was correct. LOAN NUMBER: 9879 LOAN ORIGINATOR COMPANY NAME: Arvest Bank NMLS COMPANY IDENTIFIER: 5249 LOAN ORIGINATOR NAME: Rachael Buffington NMLS ORIGINATOR IDENTIFIER: 7807 MORTGAGE ***THIS IS A FUTURE ADVANCE MORTGAGE*** THIS MORTGAGE ("Security Instrument") is made on November 7, 2018. The mortgagor is James M Ast, an individual who is either single or whose spouse doesn't hold any ownership interest, whose address is 3420 E ADMIRAL Court, TULSA, Oklahoma 74115-8204 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign the HELOC ("Contract"). The obligations of Borrowers who did not sign the Contract are explained further in the section titled Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. This Security Instrument is given to Arvest Bank, which is organized and existing under the laws of the State of Arkansas and whose address is 218 S Memorial Dr. Tulsa, Oklahoma 74112 ("Lender"). James M Ast has entered into a Contract with Lender as of November 7, 2018, under the terms of which Borrower may, from time to time, obtain advances not to exceed, at any time, a ***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING PROTECTIVE ADVANCES)*** of Fifty-nine Thousand Five Hundred and 00/100 Dollars (U.S. $59,500.00) ("Credit Limit"). Any party interested in the details related to Lender's continuing obligation to make advances to Borrower is advised to consult directly with Lender. If not paid earlier, the sums owing under Borrower's Contract with Lender will be due on November 21, 2043. This Security Instrument secures to Lender: (a) the repayment of the debt under the Contract, with interest, including future advances, and all renewals, extensions and modifications of the Contract; (b) the payment of all other sums, with interest, advanced to protect the security of this Security Instrument under the provisions of the section titled Protection of Lender's Rights in the Property; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Contract. For this purpose, Borrower, in consideration of the debt, does hereby mortgage, grant and convey to Lender, with power of sale, the following described property located in the County of Tulsa, State of Oklahoma: Address: 3420 East Admiral Court, Tulsa, Oklahoma 74115 Legal Description: Lot One (1), Block Six (6), SEQUOYAH HILLS ADDITION, an Addition to the City of Tulsa, Tulsa County, State of Oklahoma, according to the recorded Plat thereof. TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Borrower and Lender covenant and agree as follows: Payment of Principal and Interest; Other Charges. Borrower shall promptly pay when due the principal of and interest on the debt owed under the Contract and late charges or any other fees and charges due under the Contract. Applicable Law. As used in this Security Instrument, the term "Applicable Law" shall mean all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. At the request of Lender, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with section titled Protection of Lender's Rights in the Property. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if, in Lender's sole discretion, the restoration or repair is economically feasible and Lender's security is not lessened. If, in Lender's sole discretion, the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within the number of days prescribed by Applicable Law as set forth in a notice from Lender to Borrower that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The period of time for Borrower to answer as set forth in the notice will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the payments due under the Contract or change the amount of the payments. If under the section titled Acceleration; Remedies, the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Contract. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this section, Lender does not have to do so. Any amounts disbursed by Lender under this section shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the same rate assessed on advances under the Contract and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within the minimum number of days established by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the payments due under the Contract or change the amount of such payments. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of section titled Transfer of the Property or a Beneficial Interest in Borrower. Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instrument but has no personal liability under the Contract ("Accommodation Signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Property under the terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Contract without that Accommodation Signer's consent. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limits and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Contract or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Contract. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless Applicable Law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Borrower agrees to provide Lender with Borrower's most current mailing address, as it may change from time-to-time. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws of the state of Oklahoma. In the event that any provision or clause of this Security Instrument or the Contract conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Contract which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Contract are declared to be severable. Borrower's Copy. Borrower shall be given one copy of this Security Instrument. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than the minimum number of days established by Applicable Law from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. 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 and laws of the state of Oklahoma that relate to health, safety or environmental protection. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument or the Contract under which acceleration is permitted (but not prior to acceleration under the section titled Transfer of the Property or a Beneficial Interest in Borrower, unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than the minimum number of days established by Applicable Law from the date the notice is given to Borrower, by which the default must be cured; (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property; and (e) any other information required by Applicable Law. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. To the extent permitted by law, Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Section, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice in the manner required by Applicable Law to Borrower and any other persons prescribed by Applicable Law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by Applicable Law. Release. Upon payment of all sums secured by this Security Instrument and termination of Borrower's right to obtain further advances under the Contract, Lender shall release this Security Instrument. Borrower shall pay any recordation costs unless Applicable Law provides otherwise. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. Waiver of Appraisement. Appraisement of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. Oral Agreements Disclaimer. This Security Instrument represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. Notice of Power of Sale. A power of sale has been granted to this Security Instrument. A power of sale may allow the Lender to take the Property and sell it without going to court in a foreclosure action upon default by Borrower under this Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in all pages of this Security Instrument and in any Rider executed by Borrower and recorded with it. James M Ast Date INDIVIDUAL ACKNOWLEDGMENT STATE OF OKLAHOMA ) COUNTY OF Tulsa ) This instrument was acknowledged by James M Ast, an individual who is either single or whose spouse doesn't hold any ownership interest, before me on 11-7-18. In witness whereof, I hereunto set my hand and my official seal. My commission expires: 9-24-22 Identification Number (Official Seal) RACHAEL BUFFINGTON Notary Public - State of Oklahoma Commission Number 18009579 My Commission Expires Sep 24, 2022