U.S. Bank National Association v. Billy J. Endsley

IN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA U.S. BANK NATIONAL ASSOCIATION, Plaintiff, vs. BILLY J ENDSLEY; TANIA ENDSLEY; UNITED STATES OF AMERICA ex rel. SECRETARY OF HOUSING AND URBAN DEVELOPMENT; UNKNOWN OCCUPANT, IF ANY, Defendants. PETITION IN FORECLOSURE COMES NOW the Plaintiff, U.S. Bank National Association, and for its cause of action against Defendants above named, alleges and states as follows, to wit: 1. Plaintiff is a business organized and existing under and by virtue of the laws of the United States of America. The real property, which is the subject of this action, is located in Canadian County, Oklahoma. 2. On August 22, 2014, Defendant(s), Billy J Endsley, in exchange for good and valuable consideration made, executed and delivered to First American Mortgage, Inc a Promissory Note ("Note") for the principal sum of $272,791.00 with interest at a rate of 3.8750% per annum on the unpaid principal until the full amount of the principal has been paid in full. Attached hereto, and incorporated herein, as Exhibit “A” is a true and correct copy of said Note. 3. As a part of the same transaction, and to secure payment of said Note and the indebtedness represented thereby, the Defendant(s), Billy J Endsley and Tania Endsley, husband and wife, then the owner of the real estate hereinafter described, made, executed and delivered to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for First American Mortgage, Inc, its successors and assigns his/her real estate mortgage ("Mortgage") in writing and therein and thereby mortgaged and conveyed to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for First American Mortgage, Inc, its successors and assigns the following described real estate situated in Canadian County, State of Oklahoma, to wit: LOT FOUR (4), BLOCK EIGHTEEN (18), SETTLERS RIDGE SECTION 4, AN ADDITION TO THE CITY OF OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. The Mortgage includes any improvements thereon and appurtenances, thereunto belonging, hereditaments and all other rights thereunto appertaining or belonging, and all fixtures then or thereafter attached or used in connection with said premises. 4. The Mortgage was duly executed and acknowledged according to law, the mortgage tax duly paid thereof and recorded on August 28, 2014, in the office of the County Clerk of Canadian County, Oklahoma. Attached hereto, and incorporated herein as Exhibit “B” is a true and correct copy of said recorded Mortgage. 5. On March 24, 2020, a Home Affordable Modification Agreement was recorded with the Canadian County Clerk wherein the terms of the Note and Mortgage were modified. Attached hereto, and incorporated herein, as Exhibit “C” is a true and correct copy of said Modification Agreement. 6. Plaintiff has possession of the Note, and the Note has been duly indorsed to the Plaintiff. Plaintiff is the holder of the Note and was entitled to enforce the Note prior to, and is entitled to enforce the Note at and subsequent to the filing of this Petition. Plaintiff has complied with all of the terms, conditions precedent and provisions of said Note and Mortgage, and is duly empowered to bring this suit. 7. The Note and Mortgage provide that if default be made in the observance of certain terms and conditions of said Note shall, at the option of the holder of the Note and without notice or demand, render the entire unpaid balance of said Note at once due and payable on said Note, the unpaid interest thereon and all expenditures of the Mortgagee made thereunder, with interest thereon, and to have said premises sold and the proceeds applied to the payment of the indebtedness secured thereby, together with all legal and necessary expenses and all costs. 8. On May 1, 2025, the Defendant(s), Billy J Endsley, failed to make payment as agreed in said Note and Mortgage. Defendant(s) has therefore defaulted upon said Note and Mortgage, has failed to make sufficient payments to cure the default, and currently remains in default. In response to this default, Plaintiff accelerated all sums due under said Note and Mortgage. 9. Preliminarily to the bringing of this action, and as a necessary expense thereof, Plaintiff caused the abstract of title to be extended and certified to date, which costs are to be reimbursed by the Borrower under the terms of the Mortgage. 10. The Note provides that the makers shall pay the Noteholder a late charge. 11. After allowing all just credits, there is due to Plaintiff on said Note and Mortgage the principal sum of $169,695.51 with 3.8750% interest per annum thereon from July 1, 2025, until paid and late charges as provided in the note; for which amounts said Mortgage is a first, prior and superior lien upon the real estate and premises above described. 12. The Mortgage specifically provides that appraisement of said premises is expressly waived or not waived at the option of the mortgagee, and that such option is to be exercised at the time judgment is rendered in any foreclosure thereof. 13. Defendant(s), Unknown Occupant, if any, may claim some right, title and interest in and to the subject real estate. Any interest of any said Defendant(s) is junior and inferior to that of Plaintiff, and all said Defendant(s) shall come forward and so state their interest if any there be. 14. Defendant(s), United States of America ex rel. Secretary of Housing and Urban Development, may claim some right, title and interest in and to the subject real estate by way of a Partial Claim Mortgage recorded on March 20, 2020, in Book 5043 at Page 267. Any interest of any said Defendant(s) is junior and inferior to that of Plaintiff, and all said Defendant(s) shall come forward and so state their interest if any there be. WHEREFORE, Plaintiff prays for judgment in rem against all Defendant(s), and the aforementioned real estate, as well as judgment in personam against the Defendant(s), Billy J Endsley, for the principal sum of $169,695.51 with interest thereon at 3.8750% interest per annum thereon from July 1, 2025 until paid; late charges, property inspections fees, BPOs fees, maintenance expenses, insufficient fund charges, escrow advances, real estate taxes, hazard insurance premiums, service fees, title expenses, loan charges, valuation fees, and any other expenses incurred by Plaintiff and chargeable under the terms of the Note and Mortgage; any amounts which Plaintiff may be required to advance for payment of taxes, insurance or preservation of the subject property; and any other expenses Plaintiff may incur subsequent to entry of judgment in this matter, together with all costs of this action including a reasonable attorney's fees. Plaintiff further prays all Defendants be required to appear and set forth any right, title claim or interest they have, or may have, in and to said real estate and premises, which they in any way claim is prior or superior to the Mortgage and lien of Plaintiff. Plaintiff further prays for judgment finding said Mortgage should be foreclosed; the same Mortgage be declared a valid first, prior and superior lien upon the real estate herein before described, in the amounts set forth above; ordering said real estate and premises sold, with or without appraisement, as Plaintiff shall elect at the time Judgment is rendered herein, as proved in said Mortgage, and by law, subject to any unpaid taxes, if any, to satisfy said Judgment; the proceeds arising therefrom be applied to the payment of the costs herein and to the payment and satisfaction of the Judgment, Mortgage and lien of Plaintiff, and the surplus, if any, be paid into the Court to abide the further order of the Court. Plaintiff further prays for judgment finding all right, title and interest of said Defendants, if any, in and to said real estate, be adjudged subject, inferior and junior, to the mortgage lien of Plaintiff, and that upon confirmation of said sale, Defendants herein, and all persons claiming by, through or under them since the commencement of this action, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to said premises, or any part thereof; and Plaintiff have such other and further relief as may be just and equitable. Respectfully submitted, /s/ Joseph H. Rogers, III Joseph H. Rogers, III, OBA# 21541 Arthur Demske, OBA# 35456 Bonial & Associates, P.C. 14841 Dallas Parkway, Suite 350 Dallas, Texas 75254 Phone: 1-800-766-7751 Fax: (405) 285-8951 Email: [email protected] ENDBIUSB Attorneys for Plaintiff THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS IS A COMMUNICATION TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Loan No: [Redacted] August 22, 2014 [Date] NOTE (Fixed Rate) 305 CENTENNIAL FARM LANE OKLAHOMA CITY, OK 73099 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means FIRST AMERICAN MORTGAGE, INC. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of Two Hundred SeventyTwo Thousand Seven Hundred NinetyOne DOLLARS and Zero CENTS Dollars (U.S. $ 272,791.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Three and Seven Eighths percent (3.875%) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument". That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on October 1, 2014 . Any principal and interest remaining on the first day of September 1 , 2044 , will be due on that date, which is called the maturity date. (B) Place Payment shall be made at 1501 S RANCHWOOD BLVD YUKON, OK 73099 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 1,282.76 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box.] ☐ Graduated Payment Allonge ☐ Growing Equity Allonge ☐ Other [Specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four Point Zero percent (4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorney's fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. [Signature] BILLY J ENDSLEY (Seal) -Borrower [Signature] (Seal) -Borrower [Signature] (Seal) -Borrower [Signature] (Seal) -Borrower WITHOUT RE COURSE PAY TO THE ORDER OF U.S. BANK NATIONAL ASSOCIATION BY: Dale S. Bogle, President First American Mortgage, Inc. Pay to the order of Without Recourse U.S. Bank National Association Paula T. Hughes Vice President Loan No: MIN: SIGNATURE AFFIDAVIT AND AKA STATEMENT SIGNATURE STATEMENT I, BILLY J ENDSLEY certify that this is my true and correct signature. BILLY J ENDSLEY Borrower Signature AKA STATEMENT I, BILLY J ENDSLEY further certify that I am also known as: BILLY JOE ENDSLEY Signature (Variation) Name Variation (Print) Billy Endsley Signature (Variation) Name Variation (Print) Name Variation (Print) Signature (Variation) Name Variation (Print) Signature (Variation) State of Oklahoma County of Cleveland On August 22, 2014, before me, Becki Nail, the undersigned notary personally appeared BILLY J ENDSLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Becki Nail SIGNATURE AFFIDAVIT AND AKA STATEMENT Laser Forms Inc. (800) 446-3555 LFI#LF1114 3/99 Doc#: R 2014 18852 Bk&Pg: RB 4178 0863-0871 9E Filed: 08/28/2014 DMW 03:16:55 PM M Canadian County, OK When Recorded Return To: FIRST AMERICAN MORTGAGE 1501 S RANCHWOOD BLVD YUKON, OK 73099 Loan No: Parcel ID: MORTGAGE THIS MORTGAGE ("Security Instrument") is given on August 22, 2014. The mortgagor is BILLY J ENDSLEY & TANIA ENDSLEY, HUSBAND AND WIFE whose address is 945 ETHAN LANE Yukon, OK 73099 ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"). MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, Michigan 48501-2026, tel. (888) 679-MERS. FIRST AMERICAN MORTGAGE, INC. ("Lender") is organized and existing under the laws of OKLAHOMA and has an address of YUKON, OK 73099 1501 S RANCHWOOD BLVD Borrower owes Lender the principal sum of Two Hundred SeventyTwo Thousand Seven Hundred NinetyOne DOLLARS and Zero CENTS Dollars (U.S. $ 272,791.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on September 1, 2044. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in Canadian County, Oklahoma: LOT FOUR (4), BLOCK EIGHTEEN (18), SETTLERS RIDGE SECTION 4, AN ADDITION TO THE CITY OF OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. Real Estate Mtg. $ 272.80 Paid Aug 28, 2014 Receipt No. 1183 Canadian Co. Treasurer By [signature] Treasurer Deputy This document has been recorded in the office of the Canadian County Clerk under O.S. Title 16 Section 86.1 ET. SEQ Electronic Recording Act Effective 11-1-08 In Book 4178 Page 863 On: 8-28-2014 By First American Title & Trust Company When Recorded Return To: FIRST AMERICAN MORTGAGE 1501 S RANCHWOOD BLVD YUKON, OK 73099 Loan No: [REDACTED] Parcel ID: 124275 [Space Above This Line For Recording Data] MIN: [REDACTED] FHA Case No.: [REDACTED] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on August 22, 2014. The mortgagor is BILLY J ENDSLEY & TANIA ENDSLEY, HUSBAND AND WIFE whose address is 945 ETHAN LANE Yukon, OK 73099 ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"). MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, Michigan 48501-2026, tel. (888) 679-MERS. FIRST AMERICAN MORTGAGE, INC. ("Lender") is organized and existing under the laws of OKLAHOMA and has an address of YUKON, OK 73099 1501 S RANCHWOOD BLVD Borrower owes Lender the principal sum of Two Hundred SeventyTwo Thousand Seven Hundred NinetyOne DOLLARS and Zero CENTS Dollars (U.S. $ 272,791.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on September 1, 2044. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in Canadian County, Oklahoma: LOT FOUR (4), BLOCK EIGHTEEN (18), SETTLERS RIDGE SECTION 4, AN ADDITION TO THE CITY OF OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. which has the address of Oklahoma 73099 ("Property Address"); 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 understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds". Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. § 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines this requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to the 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. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all the sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 DAYS from the date hereof, Lender may, at its option require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 DAYS from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by 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. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any 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. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorney's fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Lender shall publish the notice of sale, and the Property shall be sold in the manner 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 following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the clerk of the circuit court of the county in which the sale is held. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. 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. 20. 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. 21. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of U.S. $ 500 22. 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. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. [ ] Condominium Rider [ ] Growing Equity Rider [ ] Graduated Payment Rider [X] Planned Unit Development Rider [ ] Other [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: __________________________________________________________ (Seal) BILLY J ENDSLEY -Borrower __________________________________________________________ (Seal) TANIA ENDSLEY -Borrower __________________________________________________________ (Seal) -Borrower __________________________________________________________ (Seal) -Borrower STATE OF OKLAHOMA, CLEVELAND County ss: The foregoing instrument was acknowledged before me this AUGUST 22, 2014 by BILLY J ENDSLEY, TANIA ENDSLEY Husband and Wife. My commission expires: JULY 22, 2017 (person acknowledging) BECKI NAIL Notary Public Brick nile Notary Public State of Oklahoma Commission # 01011757 Expires 07/22/17 Loan Origination Company & NMLS Id: FIRST AMERICAN MORTGAGE, INC. - 208913 Loan Originator & NMLS Id.: Dale S Bogle - 208889 OKLAHOMA - Single Family - FHA Security Instrument Form 94137 1/96 Laser Forms Inc. (800) 446-3555 LFI#FHA94137-MERS 11/01 When Recorded Return To: FIRST AMERICAN MORTGAGE 1501 S RANCHWOOD BLVD YUKON, OK 73099 PLANNED UNIT DEVELOPMENT RIDER Parcel ID: [Redacted] Loan No: [Redacted] MIN: 1010060-2010557854-4 FHA Case No. [Redacted] THIS PLANNED UNIT DEVELOPMENT RIDER is made this 22 nd day of August, 2014, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note ("Note") to FIRST AMERICAN MORTGAGE, INC. ("Lender") of the same date and covering the property described in the Security Instrument and located 305 CENTENNIAL FARM LANE OKLAHOMA CITY, OK 73099 [Property Address] The Property Address is a part of a planned unit development ("PUD") known as: SETTLERS RIDGE SECTION 4 [Name of Planned Unit Development] PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. So long as the Owners Association (or equivalent entity holding title to common areas and facilities), acting as trustee for the homeowners, maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the property located in the PUD, including all improvements now existing or hereafter erected on the mortgaged premises, and such policy is satisfactory to Lender and provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and other hazards included within the term "extended coverage", and loss by flood, to the extent required by the Secretary, then: (i) Lender waives the provision in paragraph 2 of this Security Instrument for the monthly payment to Lender of one-twelfth of the yearly premium installments for hazard insurance on the Property, and (ii) Borrower's obligation under paragraph 4 of this Security Instrument to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage and of any loss occurring from a hazard. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by this Security Instrument, with any excess paid to the entity legally entitled thereto. B. Borrower promises to pay all dues and assessments imposed pursuant to the legal instruments creating and governing the PUD. C. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph C shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this PUD Rider. [Signature] (Seal) (Seal) BILLY J ENDSLEY -Borrower -Borrower [Signature] (Seal) (Seal) TANIA ENDSLEY -Borrower -Borrower RECORD AND RETURN TO: Covius Settlement Services ATTN: MH Recording Team 999 Tech Row, Suite 200 Madison Heights, MI 48071 [Space Above This Line For Recording Data] HOME AFFORDABLE MODIFICATION AGREEMENT Loan Number______ The current principal balance of $246,680.01 is not increasing as a result of this modification. The unpaid principal balance of the loan, as modified, is $189,287.60. The original principal balance of the loan on which mortgage and recording taxes were previously paid was $272,791.00. This Loan Modification Agreement ("Agreement"), effective on 1ST DAY OF APRIL, 2020, between BILLY J ENDSLEY AND TANIA ENDSLEY, HUSBAND AND WIFE ("Borrower"), and U.S. BANK NATIONAL ASSOCIATION ("Lender"), whose address is 4801 FREDERICA ST, OWENSBORO, KENTUCKY 42301 amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") dated AUGUST 22, 2014 and recorded in CANADIAN COUNTY AUGUST 28, 2014 BOOK RB 4178 PAGE 0863 INSTRUMENT NO. R 2014 18852 and (2) the Note in the original principal sum of U.S $272,791.00, bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the "Property". located at 305 CENTENNIAL FARM LN, OKLAHOMA CITY, OKLAHOMA 73099-0000 (Property Address) the real property described being set forth as follows: LEGAL DESCRIPTION: THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF CANADIAN, CITY OF OKLAHOMA CITY AND STATE OF OKLAHOMA, DESCRIBED AS FOLLOWS: LOT FOUR (4), BLOCK EIGHTEEN (18), SETTLERS RIDGE SECTION 4, AN ADDITION TO THE CITY OF OKLAHOMA CITY, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. PARCEL ID: 060257-018004-000000 Tax Parcel No.: 060257-018004-000000 Loan Number If my representations and covenants in Section 1 continue to be true in all material respects, then this Home Affordable Modification Agreement ("Agreement") will, as set forth in Section 3, amend and supplement (1) the Security Instrument on the Property, and (2) the Promissory Note secured by the Security Instrument ("Original Note"). The Security Instrument and Original Note together, as they may previously have been amended, are referred to as the "Loan Documents." Except for "Subordinate Note" and "Subordinate Security Instrument", capitalized terms used in this Agreement and not defined have the meaning given to them in Loan Documents. I understand that after I sign and return the Subordinate Note, Subordinate Security Instrument, and two copies of this Agreement to the Lender, the Lender will send me a signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section 2 have been satisfied. 1. My Representations and Covenants. I certify, represent to Lender, covenant and agree: A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan Documents or my default is imminent, and (ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. One of the borrowers signing this Agreement, the Subordinate Note, and the Subordinate Security Instrument lives in the Property as a principal residence, and the Property has not been condemned; C. There has been no impermissible change in the ownership of the Property since I signed the Loan Documents. A permissible change would be any transfer that the Lender is required by law to allow, such as a transfer to add or remove a family member, spouse or domestic partner of the undersigned in the event of a death, divorce or marriage; D. I have provided documentation for all income that I receive (and I understand that I am not required to disclose child support or alimony unless I chose to rely on such income when requesting to qualify for the FHA Home Affordable Modification Program (the "Program"); E. Under penalty of perjury, all documents and information I have provided to Lender in connection with this Agreement, including the documents and information regarding my eligibility for the Program, are true and correct; F. If Lender requires me to obtain credit counseling in connection with the Program, I will do so; and G. I have made or will make all payments required under a trial period plan. 2. Acknowledgements and Preconditions to Modification. I understand and acknowledge that: A. If prior to the Modification Effective Date as set forth in Section 3 the Lender determines that any of my representations in Section 1 are no longer true and correct or any covenant in Section 1 has not been performed, the Loan Documents will not be modified, this Agreement will terminate, and the Subordinate Note and Subordinate Security Loan Number[REDACTED] Instrument will not be in effect. In that event, the Lender will have all of the rights and remedies provided by the Loan Documents; and B. I understand that the Loan Documents will not be modified unless and until (i) the Lender accepts this Agreement by signing and returning a copy of it to me, and (ii) the Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Lender will not be obligated or bound to make any modification of the Loan Documents if I fail to meet any one of the requirements under this Agreement. 3. The Modification. If my representations and covenants in Section 1 continue to be true in all material respects and all preconditions to the modification set forth in Section 2 have been met, the Loan Documents will automatically become modified on APRIL 01, 2020 (the "Modification Effective Date") and all unpaid late charges that remain unpaid will be waived. I understand that if I have failed to make any payments as a precondition to this modification under a trial period plan, this modification will not take effect. The first modified payment will be due on MAY 01, 2020. A. The Maturity Date will be: APRIL 01, 2050. B. The current Total Outstanding Balance of my loan includes all unpaid principal and amounts that will be past due as of the Modification Effective Date. The current Total Outstanding Balance of my Original Note includes unpaid principal, unpaid and deferred interest, fees, escrow advances and other costs, but excludes unpaid late charges, and is less any amounts paid to the Lender but not previously credited to my Loan. The current Total Outstanding Balance of my loan is $263,581.90. C. $74,294.30 of the Total Outstanding Balance will be included in the amount of a Subordinate Note ("Subordinate Note") and I will not pay interest or make monthly payments on this amount till the first mortgage is paid or I no longer own the property. D. The Total Outstanding Balance less the amount of the Subordinate Note, or $189,287.60, will be the New Principal Balance of my Original Note. Interest at the rate of 3.8750% will begin to accrue on the New Principal Balance as of APRIL 01, 2020 and the first new monthly payment on the New Principal Balance will be due on MAY 01, 2020. My payment schedule for the modified Loan is as follows: <table> <tr> <th>Years</th> <th>Interest Rate</th> <th>Interest Rate Change Date</th> <th>Monthly Principal and Interest Payment Amount</th> <th>Estimated Monthly Escrow Payment Amount*</th> <th>Total Monthly Payment*</th> <th>Payment Begins On</th> <th>Number of Monthly Payments</th> </tr> <tr> <td>30</td> <td>3.8750%</td> <td>04-01-2020</td> <td>$890.10</td> <td>$874.50, may adjust periodically</td> <td>$1,764.60, may adjust periodically</td> <td>05-01-2020</td> <td>360</td> </tr> </table> Loan Number *The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. The above terms in this Section 3.D. shall supersede any provisions to the contrary in the Loan Documents, including but not limited to, provisions for an adjustable, step or simple interest rate. I understand that, if I have a pay option adjustable rate mortgage loan, upon modification, the minimum monthly payment option, the interest-only or any other payment options will no longer be offered and that the monthly payments described in the above payment schedule for my modified Loan will be the minimum payment that will be due each month for the remaining term of the Loan. My modified Loan will not have a negative amortization feature that would allow me to pay less than the interest due resulting in any unpaid interest being added to the outstanding principal balance. E. I will be in default if I do not comply with the terms of the Loan Documents, as modified by this Agreement. F. If a default rate of interest is permitted under the Loan Documents, then in the event of default under the Loan Documents, as amended, the interest that will be due will be the rate set forth in Section 3.D. G. I agree to pay in full the Subordinate Note and any other amounts still owed under the Loan Documents by the earliest of: (i) the date I sell or transfer an interest in the Property, (ii) the date I pay all amounts due and owing under the Original Note, including any subsequent modifications to the Original Note, or (iii) the new Maturity Date set forth in Section 3.A above. 4. Additional Agreements. I agree to the following: A. That all persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, the Subordinate Note, and the Subordinate Security Instrument, unless (i) a borrower or co-borrower is deceased; (ii) the borrower and co-borrower are divorced and the property has been transferred to one spouse in the divorce decree, the spouse who no longer has an interest in the property need not sign this Agreement (although the non-signing spouse may continue to be held liable for the obligation under the Loan Documents); or (iii) the Lender has waived this requirement in writing. B. That this Agreement, the Subordinate Note, and the Subordinate Security Instrument shall supersede the terms of any modification, forbearance, trial period plan or other workout plan that I previously entered into with Lender. C. To comply, except to the extent that they are modified by this Agreement, the Subordinate Note, and the Subordinate Security Instrument with all covenants, agreements, and requirements of the Loan Documents including my agreement to make all payments of taxes, insurance premiums, assessments, Escrow Items, impounds, and all other payments, the amount of which may change periodically over the term of my Loan. Loan Number D. That this Agreement constitutes notice that the Lender's waiver as to payment of Escrow Items, if any, has been revoked, and I have been advised of the amount needed to fully fund my escrow account. E. That the Loan Documents as modified by this Agreement are duly valid, binding agreements, enforceable in accordance with their terms and are hereby reaffirmed. The Loan Documents constitute a first lien on the Property and are in no way prejudiced by this Agreement. F. That all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, the Subordinate Note, and the Subordinate Security Instrument, remain in full force and effect; nothing in this Agreement or the Subordinate Note, or the Subordinate Security Instrument shall be understood or construed to be a satisfaction or release in whole or in part of the obligations contained in the Loan Documents; and that except as otherwise specifically provided in, and as expressly modified by, this Agreement, the Subordinate Note, and the Subordinate Security Instrument, the Lender and I will be bound by, and will comply with, all of the terms and conditions of the Loan Documents. G. That, as of the Modification Effective Date, notwithstanding any other provision of the Loan Documents, if all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Security Instrument. Lender shall not exercise this option if state or federal law, rules or regulations prohibit the exercise of such option as of the date of such sale or transfer. If Lender exercises this option, Lender shall give me notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which I must pay all sums secured by the Subordinate Security Instrument. If I fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on me. H. That, as of the Modification Effective Date, I understand that the Lender will only allow the transfer and assumption of the Loan, including this Agreement, to a transferee of my property as permitted under the Garn St. Germain Act, 12 U.S.C. Section 1701j-3. A buyer or transferee of the Property will not be permitted, under any other circumstance, to assume the Loan. Except as noted herein, this Agreement may not be assigned to, or assumed by, a buyer or transferee of the Property. I. That, as of the Modification Effective Date, if any provision in the Original Note or in any addendum or amendment to the Original Note allowed for the assessment of a penalty for full or partial prepayment of the Original Note, such provision is null and void. J. That, I will cooperate fully with Lender in obtaining any title endorsement(s), or similar title insurance product(s), and/or subordination agreement(s) that are necessary or required by the Lender’s procedures to ensure that the modified mortgage Loan is in first lien position and/or is fully enforceable upon modification and that if, under any circumstance and not withstanding anything else to the contrary in this Agreement, the Lender does not receive such title endorsement(s), title insurance product(s) and/or subordination agreement(s), then the terms of this Agreement will not become effective on the Modification Effective Date and the Agreement will be null and void. K. That, if any foreclosure action against me is dismissed as a result of entering into this Agreement, I will remain liable for and bear my own attorney fees and costs incurred in connection with such action, if permitted by applicable law. L. That I will execute such other documents as may be reasonably necessary to either (i) consummate the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this Agreement if an error is detected after execution of this Agreement. I understand that either a corrected Agreement or a letter agreement containing the correction will be provided to me for my signature. At Lender’s option, this Agreement will be void and of no legal effect upon notice of such error. If I elect not to sign any such corrective documentation, the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement, and I will not be eligible for a modification under the FHA Home Affordable Modification Program. M. That if any document related to the Loan Documents and/or this Agreement is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the Loan as modified, or is otherwise missing, I will comply with the Lender’s request to execute, acknowledge, initial and deliver to the Lender any documentation the Lender deems necessary. All documents the Lender requests of me under this Section 4.M. shall be referred to as “Documents”. I agree to deliver the Documents within ten (10) days after I receive the Lender’s written request for such replacement. 5. If I have been granted a discharge in bankruptcy with respect to the Original Note and Security Instrument prior to the execution of this Agreement nothing in this Agreement shall be construed to be an attempt to collect any discharged debt against me personally or an attempt to revive personal liability. However, I acknowledge that Lender retains certain rights, including but not limited to the right to foreclose its lien evidenced by the Security Instrument under appropriate circumstances. The parties agree that the consideration for this Agreement is Lender’s forbearance from presently exercising its rights and pursuing its remedies under the Security Instrument as a result of my default thereunder. (SIGNATURES CONTINUE ON FOLLOWING PAGES) In Witness Whereof, the Borrower(s) have executed this agreement. Borrower - BILLY J ENDSLEY Date: 3/15/20 Borrower - TANIA ENDSLEY Date: 3/15/20 State of OKLAHOMA, County of Canadian ) ss. Before me, Pamela Rios, in and for this state, on this 15 day of March, 2020 personally appeared BILLY J ENDSLEY and TANIA ENDSLEY to me known to be the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he/she/they executed the same as his/her/their free and voluntary act and deed for the uses and purposes therein set forth. (SEAL) My Commission Expires: 10/18/23 Notary Public In Witness Whereof, the Lender has executed this Agreement. Lender U.S. BANK NATIONAL ASSOCIATION By: ____________________________ Printed Name: Jeffrey Schulte Vice President Date: 03/15/2020 State of KENTUCKY County of DAVIESS The foregoing instrument was acknowledged before me this 19th day of March, 2020, by Jeffrey Schutte of U.S. BANK NATIONAL ASSOCIATION a Delaware National Association, on behalf of the National Association. (Seal, if any) [Signature] (Signature of person taking acknowledgment) Notary (Title or rank) 608390 (Serial number, if any) My Commission expires: 9-10-22