CITIZENS BANK, N.A. v. CAROLE S. CHILTON

IN THE DISTRICT COURT WITHIN AND FOR GRADY COUNTY STATE OF OKLAHOMA CITIZENS BANK, N.A. Plaintiff, vs. CAROLE S CHILTON SPOUSE OF CAROLE S. CHILTON OCCUPANT(S) OF THE PREMISES Defendant(s) No: CJ-26-71 FILED IN DISTRICT COURT Grady County, Oklahoma FEB 26 2026 MICA HACKNEY Court Clerk By: Deputy PETITION Comes now the Plaintiff, Citizens Bank, N.A., and for its cause of action against the Defendants above named, alleges and states: 1. That the Plaintiff was all times hereinafter mentioned, and now is duly organized, existing and authorized to bring this action. 2. That the Defendant, Carole S Chilton, was a single person at the time the mortgage sued upon was executed and has remained a single person. 3. That the original maker(s) for a good and valuable consideration, made, executed and delivered to the Payee, a certain written promissory note; a true copy of said note and endorsements thereon, if any, is hereto attached, marked Exhibit "A", and made a part hereof by reference. 4. That as a part of the same transaction and to secure the payment of the note above described and the indebtedness represented thereby, the owners of the real estate hereinafter described, made, executed and delivered to the Payee of the note, a certain real estate mortgage in writing encumbering the following real property, to -wit: A tract of land described as follows: beginning at the cornerstone of the Northwest Corner of the NE/4 of Section 28, Township 10 North, Range 7 West of the Indian Meridian, Grady County, Oklahoma, thence South 5.63 chains, thence South 84 degrees 30 minutes East 6.88 chains to the Southeast corner of this tract, thence North 9 degrees 30 minutes East a distance of 80 feet to the Northeast corner of this tract, thence Northwesterly and parallel with the South line of this tract a distance of 140 feet to the Northwest corner of this tract, thence South and parallel with the East line of this tract for a distance of 80 feet to the Southwest corner of this tract, and thence South 84 degrees 30 minutes East for a distance of 140 feet back to the Southeast corner of this tract, and being located in the NW/4 of NW/4 of NE/4 of Section 28, Township 10 North, Range 7 West of the Indian Meridian. 5. That said mortgage was duly executed and acknowledged according to law, the mortgage tax duly paid thereon, and was recorded on April 20, 2023 in Book 6161 at Page 550 in the office of the County Clerk of Grady County, Oklahoma, a true and correct copy of which is attached hereto as Exhibit “B” and the record thereof is incorporated herein by reference. That Plaintiff was the person entitled to enforce the Note on and before the date this action was filed. That Plaintiff has complied with all the terms, conditions precedent and provisions of said note and mortgage, and is duly empowered to bring this suit. 6. That said note and mortgage provided that if default be made in the payment of any of the monthly installments, or on failure or neglect to keep or perform any of the other conditions covenants of the mortgage, that the entire principal sum and accrued interest, together with all other sums secured by said mortgage, shall at one become due and payable, at the option of the person entitled to enforce the Note, and the person entitled to enforce the Note shall be entitled to foreclose said mortgage and recover the unpaid principal thereon and all expenditures of the mortgagee made thereunder, with interest thereon, and to have said premises sold and the proceeds applied to the payment of the indebtedness secured thereby, together with attorney fees and all costs. 7. The default has been made upon said note and mortgage in that the installments due on October 10, 2025 and thereafter have not been paid. 8. That preliminary to the bringing of this action, and as a necessary expense thereof, this Plaintiff caused title work to be extended and certified to date at a cost which charge is a further lien secured by the Mortgage of the Plaintiff herein sued upon. 9. That said note and mortgage provide that in case of a foreclosure of said mortgage as often as any proceedings shall be taken to foreclose the same, the maker(s) will pay an attorney’s fee as therein provided, and that the same shall be further charge and lien on said premises. 10. That after allowing all just credits there is due to Plaintiff on said note and mortgage the sum of: <table> <tr> <th>Reason:</th> <th>Amount:</th> </tr> <tr> <td>Unpaid Principal Balance</td> <td>$99,999.21</td> </tr> <tr> <td>Date of Default</td> <td>October 10, 2025</td> </tr> <tr> <td>Interest Due From</td> <td>September 10, 2025</td> </tr> <tr> <td>Interest Rate(s)</td> <td>8.25000 %</td> </tr> </table> *or as adjusted by the Note and Mortgage including all advancements of Plaintiff, if any, for taxes, insurance premiums, or expenses necessary for the preservation of the subject property, all costs of this action; reasonable attorney’s fees and costs as the Court may allow, for which amounts said mortgage is a first, prior and superior lien upon the real estate and premises above described. 11. That the mortgage specifically provides that appraisement of the property is expressly waived or not waived at the option of the mortgagee. 12. That the Defendant, Carole S Chilton, is the present record owner of the subject property. 13. That the Defendant, Carole S Chilton, is personally obligated on the Note herein sued upon unless the liability has been discharged or released. 14. That the Defendant, Spouse of Carole S. Chilton, may claim a homestead interest in the subject property. 15. That the Defendant, Occupant(s) of the Premises, may claim some right, title lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein as occupant. Plaintiff prays the said Defendants be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the property or be forever barred from claiming any right in and to the property. Plaintiff states, however, that any right, title, or interest claimed by each Defendant is subordinate and inferior to the mortgage lien claimed by the Plaintiff, and Plaintiff prays the said Defendants be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the property to be forever barred from claiming any right in and to the property. WHEREFORE, Plaintiff prays for judgment in personam against the Defendant, Carole S Chilton, in the sum listed above in paragraph 10 and for a further judgment in rem against all said Defendants adjudging: That all of said Defendants to require to appear and set forth any right, title, claim or interest which they have, or may have, in and to the property; and, That the mortgage be foreclosed and that the same be declared a valid first, prior and superior lien upon the property, for and in the amounts above set forth and ordering said real estate and premises sold, for cash, with or without appraisement, as the Plaintiff shall elect, and as provided in said mortgage and by law, subject to unpaid taxes, advancements by Plaintiff for taxes, insurance premiums, or expenses necessary for the preservation of the subject property, if any, to satisfy said judgment, and that the proceeds arising therefrom be applied to the payment of the costs herein, and the payments and satisfaction of the judgment, mortgage and lien of this Plaintiff, and that the surplus, if any, be paid into Court to abide the further order of the Court; and, That all right, title and interest of said Defendants, and each of them, if any, in and to the property be adjudged subject, junior and inferior to the mortgage lien and judgment of this Plaintiff, and that upon confirmation of such sale, the Defendants herein, and each of them, and all persons claiming by, through or under them since the commencement of this action, be forever HOME EQUITY LINE OF CREDIT AGREEMENT Borrower(s) CAROLE S CHILTON Lender CITIZENS BANK, N.A ONE CITIZENS PLAZA PROVIDENCE, RI 02903 Date of Agreement APRIL 5, 2023 This HOME EQUITY LINE OF CREDIT AGREEMENT ("Agreement") contains the terms which govern your line of credit (the "Credit Line" or the "Credit Line Account") issued through CITIZENS BANK, N.A as identified above and hereafter referred to as "Citizens" The Agreement sets forth the terms under which Citizens extends credit advances against your Credit Line Account Each person who signs this Agreement will be bound by its terms and conditions and will be responsible for paying all amounts owed In this Agreement, the words "Borrower," "you," "your," and "Applicant" mean each and every person who signs this Agreement, including all Borrowers named above The words "we," "us," "our," and "Lender" mean Citizens as identified above You agree to the following terms and conditions: 1. Promise to Pay. You promise to pay Citizens the total of all credit advances made by us under the terms of this Agreement, any other charges, and FINANCE CHARGES due, together with all costs and expenses for which you are responsible under this Agreement or under the equity line security instrument "Security Instrument" which secures this Agreement You will pay your Credit Line according to the payment terms set forth below 2. Term. The term of your Credit Line will begin as of the date of the Agreement ("Opening Date") and will continue until termination of your Credit Line Account All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and payable upon termination The "Draw Period" of your Agreement will begin on a date, after the Opening Date, when the Agreement is accepted in the State of Rhode Island following the expiration of the right to cancel, and the meeting of all of our other conditions and will continue for a period of ten (10) years, subject to the terms and conditions of this Agreement You may obtain credit advances during the "Draw Period" not to exceed, at any time, the credit limit of your line of credit, which is $100,000.00 and more fully described in paragraph 5, "Credit Limit" After the Draw Period ends, the Repayment Period will begin, and you will no longer be able to obtain credit advances The length of the Repayment Period is Fifteen (15) Years The end of the Fifteen (15) Years is known as the "Maturity Date" 3. Payments. a) Draw Period You can obtain advances of credit for ten (10) years (the "Draw Period") You have chosen the payment option checked below The option checked below is based on the option that was indicated on your home equity application If no option was indicated on your application, the loan will default to Option One (Interest Only) Option One: Monthly interest-only payments - Under this option, your payments will be due monthly and will equal the finance charges that accrued on the outstanding principal balance during the preceding billing period, plus insurance premiums (if any), all other charges and any amount past due The Minimum Payment will not reduce the principal that is outstanding on your Credit Line Account This option will result in greater expenses over the life of the Credit Line Account ☐ Option Two: 2% of the balance - Under this option, your payments will be due monthly and will equal 2% of the New Total Balance (which includes the principal balance and outstanding FINANCE CHARGES as of the end of the billing period plus insurance premiums [if any], and all other charges), plus late fees and any amount past due. The Minimum Payment will equal $20 00 or the outstanding balance on your Credit Line Account, whichever is less. b) Changing Your Draw Period Payment Option You may change your Draw Period Payment Option from Option 1 to Option 2, or from Option 2 to Option 1. You must ask us in writing at least 15 days before the start of the billing cycle in which you want to change your Draw Period Payment Option. We do not have to let you change your Draw Period Payment Option if, (i) any of your payments under this agreement are past due at the time you make your request, (ii) your account balance is higher than your credit line at the time when you ask us to change your Draw Period Payment Option, or (iii) we, in our sole discretion, believe that your account is not in good standing. c) Repayment Period After the draw period ends, you will no longer be able to obtain credit advances and must pay the outstanding balance over 15 years (the "repayment period"). During the repayment period, payments will be due monthly. Your minimum monthly payment will equal 1/180th of the balance that was outstanding at the end of the draw period plus the FINANCE CHARGES that have accrued on the remaining balance, plus any amount past due and all other charges or $20 00, whichever is greater. d) Payments All payments must be made by a check, money order, or other instrument in U.S. dollars and must be received by us at the remittance address shown on your periodic billing statement. Payments received at that address on any business day will be credited to your Credit Line as of the date received so that finance and other charges will not accrue on the amount paid. However, the Lender may delay for a reasonable time the availability of the funds until Lender has had an opportunity to confirm the validity of the payment. Payments may also be made at any of our branch offices. You may also make payments by authorizing us to debit your Citizens checking account each month in the amount of the Minimum Payment or you can make payments using online banking or mobile banking. Payments sent by mail must be mailed early enough to insure receipt by us on the Payment Due Date. 4. Application of Payments. Unless otherwise agreed or required by applicable law, during the Draw Period, payments and other credits will be applied in the following order to the oldest unpaid billings first, and then sequentially to any other unpaid billings from the oldest to the most current. Payments in excess of billed amounts will be credited to your account. During the Repayment Period, your payments will be applied in the following order, assuming that it is made by the Payment Due Date: (a) The interest portion of the unpaid Minimum Payment, and (b) any additional amount paid that exceeds interest due will next be applied to the principal portion of the unpaid Minimum Payment. If you make a payment greater than the Minimum Payment, but less than the Total Due shown on your periodic statement you will still be required to make the Minimum Payments in the months that follow. We will refund to you any credit balance upon request if there is a credit balance on the date we receive the refund request. 5. Credit Limit. This Agreement covers a revolving line of credit for $100,000 00 which will be your "Credit Limit" under this Agreement. This is the maximum credit that is to be extended to you. If the Credit Limit is exceeded, you will be in default of a material obligation under this Agreement and the provisions of paragraph 7, "Limitations on Use of Checks" will apply. You may borrow against the Credit Line, repay any portion of the amount borrowed, and re-borrow up to the amount of the Credit Limit. You agree not to attempt, request, or obtain a credit advance that will make your Credit Line Account balance exceed your Credit Limit. Your Credit Limit will not be increased should you overdraw your Credit Line Account. If you exceed your Credit Limit, you agree to repay immediately the amount by which your Credit Line Account exceeds your Credit Limit, even if we have not yet billed you 6. How to Use the Credit Line. You may obtain credit advances under your Credit Line by writing a preprinted "check" that we will supply to you. Credit Line checks are specially designated checks which can be completed just like any other check. Each check written and negotiated will create a check advance from us to you. Checks drawn on the Account on forms other than those forms supplied by us for that purpose will not be honored. Each check you write will be paid with a check advance from your Account unless you are in default under this Agreement, as described in paragraph 23, "Termination and Acceleration", or in those circumstances described in paragraph 7, "Limitations on Use of Checks". Your use of a check will be reflected on your periodic statement as a check advance. Credit Line checks will not be certified by us and you agree that we may retain the actual checks written by you, and need not return the original checks to you. You may also obtain credit advances from your Credit Line by transferring funds from your Citizens Home Equity Line of Credit to your Citizens checking account using online banking or mobile banking. We may also provide additional ways of using your Account from time to time. If there is more than one person authorized to use this Credit Line Account, each of you agree not to give us conflicting instructions, such as one of you telling us not to give check advances to the other Any such instructions will not be followed by us. However, any one of you may cancel your Credit Line under paragraph 30, "Cancellation by You" 7. Limitations on Use of Checks. We reserve the right not to honor Credit Line checks in the following circumstances (a) Your Credit Limit has been, or would be, exceeded by paying the check (b) Your check is post-dated. If a post-dated check is paid and as a result any other check is returned or not paid, we are not responsible, subject to any applicable law (c) Your checks have been reported lost or stolen (d) Your check is not signed by an "Authorized Signer" as defined below (e) Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the check (f) You are in violation of any other transaction requirement or would be if we paid the check If we pay any check under these circumstances, you must repay us, subject to applicable laws, for the amount of the check. The check itself will be evidence of your debt to us together with this Agreement. Our liability, if any, for wrongful dishonor of a check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is not wrongful dishonor. 8. Authorized Signers. The words "Authorized Signer" on checks as used in this Agreement mean and include each person who (a) signs the application for this Credit Line and (b) signs this Agreement. 9. Stop Payments. We do not honor stop payment orders for checks drawn against your Credit Line Account. You therefore should not use your Credit Line Account if you anticipate the need to stop payment. You agree that we will have no liability to you or to any other party because we do not honor stop payment orders. 10. Lost Checks. If you lose your checks or someone is using them without your permission, you agree to notify us immediately. The fastest way to notify us is by calling us at (800) 922-9999. You also can notify us at Citizens, Consumer Loan Servicing, One Citizens Bank Way, Johnston, RI, 02919 11. Charges to Your Credit Line. We may charge your Credit Line to pay other fees and costs that you are obligated to pay under this Agreement, under the Security Instrument or under any other document related to your Credit Line. In addition, we may charge your Credit Line for funds required for continuing insurance coverage as described in the paragraph 13 (a), "Insurance" or as described in the Security Instrument. We may also, at our option, charge your Credit Line to pay any costs or expenses to protect or perfect our security interest in your dwelling. These costs or expenses include, without limitation, payments to cure defaults under any existing liens on your dwelling. If you do not pay your property taxes, we may charge your Credit Line and pay the delinquent taxes Any amount so charged to your Credit Line will be a credit advance and will decrease the funds available, if any, under the Credit Line However, we have no obligation to provide any of the credit advances referred to in this paragraph Any credit advances referred to in this paragraph will be made in accordance with the requirements of applicable law 12. Collateral. This Agreement is secured by a Security Instrument dated APRIL 5, 2023 to us on property located in GRADY County, State or Commonwealth of OKLAHOMA (the "Property"). We have the right, but are not required to take such action as is necessary to protect our Security Interest described in this paragraph Any amounts we may pay in exercising our right to protect our Security Interest must be paid by you on demand, and will bear interest at the ANNUAL PERCENTAGE RATE then applicable to your account IMPORTANT NOTICE ABOUT YOUR REAL PROPERTY COLLATERAL: If the deed to the PROPERTY you are pledging as security for this loan includes more than one parcel of land, the SECURITY INSTRUMENT you are signing will be secured by ALL parcels described in your deed If your deed contains more than one parcel of land and you do not want to pledge all of them as security for your loan you should contact your legal representative 13 (a). Insurance. You must obtain insurance on the Property securing this Agreement through any company of your choice that is reasonably satisfactory to us With respect to hazard (non-flood) insurance, the property shall be insured against loss by fire, hazards included within the term "extended coverage" which include windstorm, hail, explosion (except of steam boilers), riot, civil commotion, aircraft, vehicles, and smoke for the replacement cost of the buildings or appurtenances on the Property with an industry standard deductible You may obtain the required insurance coverage through a single or multiple insurance policies from one or more carriers You must name CITIZENS BANK, N A as mortgagee on all required insurance policies The insurance you maintain must provide for ten (10) days notice of cancellation to us If the Property is located in a designated Flood Zone, you must also maintain flood insurance on the Property in an amount we disclosed to you in writing before you entered into this Agreement Subject to applicable law, if you fail to obtain or maintain insurance as required herein or in the Security Instrument, we may purchase insurance to protect our own interest, add the premium to your balance, pursue any other remedies available to us, or do any one or more of these things In the event the Borrower fails to obtain and maintain any insurance on the Property required by the Lender, the Borrower understands and agrees that the Lender may, at its option (unless required to do so by applicable law), obtain and maintain the required insurance and pay the premium(s) for such insurance, and either (i) add the cost of the insurance to the unpaid principal balance owed under the Agreement (in which case the Borrower agrees to repay the cost of the insurance in accordance with the repayment terms of the Agreement), (ii) bill the Borrower separately (in which case the Borrower agrees to pay the bill immediately) or we will (iii) establish escrow pursuant to paragraph 13 (b) "Escrow" The Borrower agrees to pay interest on any such amounts at the interest rate provided in the Agreement until such amounts are repaid in full The Borrower understands and acknowledges that any insurance obtained and maintained by the Lender may (i) only protect the interests of the Lender and any other creditor with a prior security instrument on the Property, and (ii) be more expensive than insurance obtained and maintained by the Borrower 13 (b). Escrow. If lender determines that borrower has not paid property taxes or community associates dues/fees/assessments, or has not established insurance as required by paragraph 13 (a) "Insurance", leader may establish an escrow account pursuant to the Real Estate Settlement Procedures Act, and require borrower to pay monthly amounts into said escrow account Borrower agrees that the escrow account payment will be in addition to the payment amounts otherwise agreed to in this Agreement 14. Right of Setoff. We have the right under the law to transfer funds held in any deposit account that any person who signs this Agreement has with us or an affiliated bank, to pay or reduce your obligations if you are in default under this Agreement or we terminate or accelerate your Credit Line Account You grant to us a contractual possessory security interest in, and hereby assign, convey, deliver, pledge, and transfer to us all right, title and interest in and to, your accounts with us (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts you may open in the future, excluding however all IRA, Keogh, and trust accounts You authorize us, to the extent permitted by applicable law, to charge or set off all sums owing under this Agreement against any and all such accounts 15. Periodic Statements. We will send you a periodic statement for all check advances made under this Agreement during the Draw Period and for all monthly payments due during the Repayment Period. The statement will show, among other things, payments and credits, check advances, FINANCE CHARGES, insurance, and other charges, your Previous Total Balance, and your New Total Balance. Your statement also will identify the Minimum Payment you must make for that billing period and the Payment Due Date. All periodic statements shall conclusively be considered to be correct and accepted by you unless we are notified in writing of any alleged errors within 60 days after receipt. 16. FINANCE CHARGES. You will pay a FINANCE CHARGE on the outstanding amount of the principal balance under your Credit Line, once each billing cycle during the Draw Period and the Repayment Period. The FINANCE CHARGE will begin to accrue on the date advances are posted to your Credit Line Account. There is no "grace period" which would allow you to avoid a FINANCE CHARGE on your Credit Line advances. FINANCE CHARGES do not accrue on any undischarged proceeds. 17. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. We figure the FINANCE CHARGE on your account by applying the daily periodic rate to the average daily balance of your Credit Line Account and then multiply by the number of days in the billing cycle. To get the average daily balance, we take the total beginning balance of your Credit Line Account each day and add new advances and subtract the principal portion of any payments and credits. The beginning balance for the period is the New Principal Balance amount from your previous statement. To determine the principal portion of a payment, subtract any unpaid FINANCE CHARGES, then insurance premiums (if any) and membership fees and other charges (if applicable). This gives us the daily principal balance each day. Then we add up all the daily principal balances for the billing cycle and divide the total by the number of days in the billing cycle (the number of days since your last statement). This gives us the average daily balance. The average daily balance does not include FINANCE CHARGES, insurance premiums, membership fees or other charges. 18. How You May Compute the FINANCE CHARGES On Your Line of Credit Account. When the average daily balance has been computed, you multiply the average daily balance by the daily periodic rate which is arrived at by dividing the ANNUAL PERCENTAGE RATE by the number of days in the year. The result is multiplied by the number of days in the billing cycle. This figure is the FINANCE CHARGE assessed for the billing cycle. 19. Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. We will determine the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE as follows. We start with an independent index, (the "Index"), which is The Wall Street Journal Prime Rate, published daily in the listing of "Money Rates". We will use the Index value published on the last business day of each month for any ANNUAL PERCENTAGE RATE adjustment. If the Index is no longer available, we will choose a new Index and margin. The new Index will have an historical movement similar to the original Index and margin, and the new Index and margin will result in an ANNUAL PERCENTAGE RATE that is substantially similar to the rate in effect at the time the original Index becomes unavailable. The index is not necessarily the lowest rate charged by us on our loans. To determine the Periodic Rate that will apply to your Credit Line Account, we add a margin to the value of the Index, then divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE, we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE. The ANNUAL PERCENTAGE RATE includes only interest and no other costs. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will increase or decrease as the Index increases or decreases from time to time. Any increase in the Periodic Rate will take the form of higher payment amounts. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect on the first day of the next billing cycle. The maximum ANNUAL PERCENTAGE RATE during the Draw Period of your Credit Line will be 21.000%. The maximum ANNUAL PERCENTAGE RATE during the Repayment Period of your Credit Line will be 21.000% or the maximum rate allowed by applicable law. In no event will the ANNUAL PERCENTAGE RATE be less than 2.500% during the life of your Credit Line. As of the last business day of the calendar month before the date of this Agreement, the Index was 8.000% per annum. Based on that Index value, we estimate that the initial Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line for the first billing cycle will be as stated below The initial Periodic Rate and corresponding ANNUAL PERCENTAGE RATE actually in effect during the first billing cycle which will be disclosed on your first periodic statement, may differ from these estimates if the Index changes between the date this Agreement was printed and the date you sign this Agreement Margin Added to Index 0.750% ANNUAL PERCENTAGE RATE 8.750% Daily Periodic Rate 0.02397% 20. Fixed Rate Locks a) General During the Draw Period, subject to a $5,000 minimum and the other provisions of this Amendment, you (or any one of you) may lock some or all of your outstanding principal balance into a fixed ANNUAL PERCENTAGE RATE (each, a "Lock") You may have up to 3 Locks outstanding at any time You cannot obtain a Lock if you are in default under the Agreement You may select a Lock term of 5, 10, 15 or 20 years, though we may also make other Lock terms available in our sole discretion, provided, however, the original Lock term cannot extend beyond the Maturity Date To obtain a Lock, we will require you to follow our standard procedure, which may include you signing a Lock request form Each Lock will be established at a monthly Lock payment that should fully pay off the principal balance of a Lock over the selected number of years in the Lock term at the fixed ANNUAL PERCENTAGE RATE for the Lock (subject to c) and d) below), assuming all payments are received by us on their actual due dates The required payment on your Lock will include the amortization of the principal amount you request to be locked and the interest that will accrue on your Lock from the date we process your Lock until your next monthly billing cycle date b) Lock Fees, Prepayment and Cancellation We may charge you a non-refundable fee of up to $200 to establish each Lock Ask us for our current fee to establish a Lock We will include any fee to establish a Lock as part of the Minimum Payment shown on the first periodic statement that reflects the establishing of your Lock You may prepay a Lock in full any time without penalty if you follow our procedures to do so, but you cannot designate partial prepayments on a Lock We may unilaterally cancel a Lock if you are in default under any material obligations of this Credit Line Account as provided in the Agreement, or if you are actively seeking payment assistance such as a loan modification on this Credit Line Account If a Lock is canceled, we will transfer the unpaid principal balance of that Lock to the balance of your Credit Line that is subject to the variable (adjustable) ANNUAL PERCENTAGE RATE described in the Agreement (the variable rate Credit Line balance is the Unlocked Balance) c) Determination of Lock Rate, Lock FINANCE CHARGE Accrual and Lock Payment Application Generally The fixed ANNUAL PERCENTAGE RATE on a Lock will likely be higher than the then current variable (adjustable) ANNUAL PERCENTAGE RATE on the variable rate Credit Line balance The fixed ANNUAL PERCENTAGE RATE E for each Lock will be established at the time you request the Lock and will be the lesser of (i) the ANNUAL PERCENTAGE RATE we are willing to offer you based on the Lock term, or (ii) the lesser of the maximum ANNUAL PERCENTAGE RATE E allowed by applicable law or the 21% maximum ANNUAL PERCENTAGE RATE set forth in this Agreement Interest on your Lock(s) will accrue in the same manner as the interest on your Unlocked Balance as provided in the Agreement. Accrued and unpaid interest for your Lock(s) and your Unlocked Balances accrue in a single interest category and are not subdivided between interest on Locked and Unlocked Balances. Except as expressly provided in this Paragraph, your monthly Lock payment will be applied in the same manner as provided in the Agreement for your Unlocked Balances. d) Minimum Monthly Lock Payments, Application of Payments Your periodic statement will show the total required Minimum Payment due for the billing cycle, including the monthly payment due on your Unlocked Balance and on your Lock(s) during the Draw Period and the Repayment Period. The required monthly Lock payment described in a) above will be in addition to the monthly payment on your Unlocked Balance calculated in accordance with the Agreement. We may include all fees, charges and costs you owe in connection with your Credit Line Account that are not part of your required monthly Lock payment in the monthly payment due on your Unlocked Balance (including, by way of example only, Lock fees, late fees, returned check fees, and Annual Fees). If a payment is insufficient to cover the total required Minimum Payment due for the billing cycle, including the monthly payment due on your Unlocked Balance and on your Lock(s), we will apply the available payment first to accrued interest, and then to satisfy the principal payment due for the oldest outstanding balance segment on your Credit Line Account, whether Unlocked Balance or locked balances, until the payment is exhausted. Insufficient and late payments could result in a balloon payment due on the scheduled maturity date for each Lock or, if sooner, when the full amount owed on your Credit Line Account becomes due and payable under the Agreement. If a payment is more than sufficient to cover the total required Minimum Payment due for the billing cycle, including the monthly payment due on your Unlocked Balance and on each of your Locks, we will apply such additional payment first to satisfy the unpaid principal for the outstanding balance segment on your Credit Line Account accruing interest at the highest rate before applying payments to the segment at the next highest rate. e) Lock(s) and Your Credit Limit Your available Credit Limit will be reduced by the unpaid principal amount owed on your Unlocked Balance and on your outstanding Lock(s). As you pay down the principal balance of your Unlocked Balance and of your Lock(s), your Credit Limit during the Draw Period is replenished by the amount of such principal reduction(s). 21. Annual Fee. There is no Annual Fee for the first year. Thereafter, a non-refundable Annual Fee of $50 will be charged to your Credit Line Account on each anniversary of your Credit Line, during the Draw Period. There is no annual fee if you have the Citizens GoalBuilder™ Home Equity Line of Credit (income and geographic limitations apply) or have a Citizens Private Client™ Checking or Citizens Quest™ Checking account open and active at the anniversary of your Credit Line when the Annual Fee would be assessed. 22 (a). Late Charges. Depending on the state or commonwealth identified above, your late fee will be calculated as follows Your payment will be late if it is not received by us within 15 days of the "Payment Due Date" shown on your periodic statement. If your payment is late, we may charge you 5 000% of the payment or $20 00, whichever is less. 22 (b). Automatic Payment Benefit: Borrowers will be eligible to receive a 0.25 percentage point interest rate reduction on their Citizens Home Equity Line of Credit if, at origination, borrower elects to have payments automatically deducted each month from a Citizens checking account the borrower designates. If we are unable to successfully withdraw the automatic deductions from the designated account two or more times within any month period, Citibank reserves the right to remove eligibility in the following states you can get the discount by setting up automatic payments with any checking account AL, AR, AZ, CA, CO, DC, FL, GA, IA, IL, IN, KY, MD, ME, MN, NC, NE, NV, OK, OR, SC, SD, TN, VA, WA, WI 23. Termination and Acceleration. The entire unpaid balance of your Credit Line Account, including unpaid fees and FINANCE CHARGES, shall at our option, and after we provide you with any notice and opportunity to cure required under applicable law, become immediately due and payable and we can terminate your Credit Line Account by sending you notice, if any of the following occur (a) You have at any time in connection with this Credit Line Account, including your application for same, committed fraud or have made, or make at anytime, any material misrepresentation, (b) Failure to make any payment under this Agreement, (c) Your action or inaction adversely affects the collateral for the Credit Line Account or our rights in the collateral This can include, for example, failure to maintain required insurance, waste or destructive use of the Property, failure to pay taxes, failure to maintain adequate insurance for the Property, death of all persons liable on the Credit Line Account or the death of any of the Borrowers if the collateral is adversely affected by such death, transfer of title or sale of the Property, the Property is taken through eminent domain, creation of a senior lien on the Property without our permission, foreclosure by the holder of a prior lien or the use of the dwelling for prohibited purposes if it subjects the Property to seizure 24. Suspension or Reduction. In addition to any other rights we may have, (neither notice nor your agreement is required), we can suspend additional extensions of credit or reduce your Credit Limit during any period in which any of the following are in effect (a) The value of the Property declines significantly below the Property's appraised value for purposes of this Credit Line Account This includes, for example, a decline such that the initial difference between the credit limit and the available equity is reduced by fifty percent and may include a smaller decline depending on the individual circumstances, (b) We reasonably believe that you will be unable to fulfill your payment obligations under your Credit Line Account due to a material change in your financial circumstances, (c) You are in default under any material obligations of this Credit Line Account We consider all of your obligations to be material Categories of material obligations include the events described above under paragraph 23, "Termination and Acceleration", obligations to pay fees and charges, obligations and limitations on the receipt of credit advances, obligations concerning maintenance or use of the Property, obligations to pay and perform the terms of any other deed of trust, security instrument or lease of the Property, obligations to notify us and to provide documents or information to us (such as updated financial information), obligations to comply with applicable laws (such as zoning restrictions), and obligations of any comaker No default will occur until we mail or deliver a notice of default to you, so you can restore your right to credit advances, (d) Government action prevents us from imposing the ANNUAL PERCENTAGE RATE provided for under this Agreement, or impairs our security interest such that the value of the Property is less than 120 percent of the credit line, (e) We have been notified by governmental authority that continued advances may constitute an unsafe and unsound business practice We may charge your account for appraisal and Credit Report fees we incur in investigating whether any condition permitting us to suspend your credit privileges or reduce your credit limit continues to exist, (f) The maximum ANNUAL PERCENTAGE RATE is reached If your Credit Line is suspended or terminated, you must immediately destroy all Credit Line checks and any other access devices. Any use of checks or other access devices following suspension or termination may be considered fraudulent. You will also remain liable for any further use of such checks or other Credit Line access devices not returned to us. 25. Change in Terms. We may make changes to the terms of this Agreement if you agree to the change in writing at that time, if the change will unequivocally benefit you throughout the remainder of your Credit Line Account, or if the change is insignificant (such as changes relating to our data processing systems). Any change in the terms of this Agreement will be made in accordance with the requirements of applicable law. 26. Collection Costs. If you fail to abide by any terms of this Agreement, and if we are permitted to do so by applicable law, we may hire or pay someone else to help collect your Credit Line Account. You will pay all reasonable collections costs, including reasonable attorney's fees of an attorney who is not our salaried employee, not to exceed 15% of the amount of the unpaid debt, incurred by us in the collection of amounts due under this Agreement to the extent not prohibited by applicable law. This includes, subject to any limits under applicable law, our legal expenses whether or not there is a lawsuit and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay of injunction), appeals, and any anticipated post-judgment collection services. 27. Delay in Enforcement. Failure at any time by us to exercise any of our rights hereunder shall not constitute a waiver of our right to exercise the same at a later time. 28. Default. You will be in default under this Agreement if any of the following occurs, each of which constitutes a breach of a material obligation of yours under this Agreement: (a) You fail to make any payment when due or to pay any charge or fee when due, (b) Your action or failure to act adversely affects our security for your Credit Line Account or a right we have in the security, (c) A court determines that you are bankrupt or insolvent, or (d) You gave or give us false or materially misleading information in connection with any extension of credit to you under your Credit Line Account. 29. Results of Default. If you are in default, and after we provide you with any notice and opportunity to cure required under applicable law, we may lower your Credit Limit, we may refuse to make any further advances under this Agreement, we may refuse to pay any outstanding checks that would require us to make an additional credit advance to you, we may foreclose on the real property described in the Security Instrument securing your Credit Line Account, we may take whatever other action is permitted under the Security Instrument, and we may exercise any and all of our rights with respect to any other property securing your Credit Line Account. We also may demand that you pay the full amount you owe on your Credit Line Account immediately. We will only take the foregoing actions after providing any notice and opportunity to cure that may be required under applicable law. You agree to pay any costs we incur in collecting what you owe following your default to the extent not prohibited by applicable law. If we have to sue you to collect what you owe, you agree to pay our legal fees, including reasonable attorney's fees of an attorney who is not our salaried employee not to exceed 15% of the amount of the unpaid debt and court costs to the extent not prohibited by applicable law. In addition to our other rights and remedies under this agreement and the Security Instrument, we reserve the right to honor the check or other device used to obtain an advance without permanently raising your credit limit. If we honor the check or other device, the amount that is more than your credit limit will be due and payable immediately. 30. Cancellation by You. If you cancel your right to credit advances under this Agreement, you must notify us in writing and destroy all Credit Line checks and any other Credit Line Account access devices Despite cancellation, your obligations under this Agreement will remain in full force and effect until you have paid us all amounts due under this Agreement and you will continue to remain liable for any further credit advances. 31. Prepayment. You may make additional payments or may pay back more than the Minimum Payment Due at any time without penalty, except we will be entitled to receive all accrued FINANCE CHARGES, and other charges, if any Payments in excess of your Minimum Payment will not relieve you of your obligation to continue to make your Minimum Payments Instead, they will reduce the principal balance owed on the Credit Line If you mark a check, money order, or other instrument sent in payment with "Paid in Full" or with similar language, we may accept the payment, and you will remain obligated to pay any further amount owed to us under this Agreement 32. Notices. All notices will be sent to your address as shown in this Agreement unless you notify us in writing of any change in your address or name within thirty (30) days of the change On joint accounts, notices sent to one will be considered notice sent to all unless applicable law provides otherwise 33. Information About You. You authorize us to get financial information about you from third parties, including, but not limited to, a credit bureau, your employer, or another financial institution You also authorize us to disclose information about your creditworthiness and this Account to a credit bureau, our affiliates and subsidiaries, and to others, unless expressly prohibited by applicable law We may require a new appraisal of the Property which secures your Credit Line at any time, including an internal inspection, at our sole option and expense, except as provided for in paragraph 24, "Suspension or Reduction" 34. Documentation. You agree to execute or re-execute any document that we request in order to correct any error or omission in the original Agreement, security instrument, or other Credit Line Account related documents, including, but not limited to, Confirmatory or Corrective security instruments 35. Transfer or Assignment. Without prior notice or approval from you, we reserve the right to sell or transfer your Credit Line Account to another lender, entity, or person, and to assign our rights under the Security Instrument Your rights under this Agreement belong to you only and may not be transferred or assigned Your obligations, however, are binding on your heirs and legal representatives 36. NEGATIVE INFORMATION: We may report information about your account to credit bureaus Late payments, missed payments, or other defaults on your account may be reflected in your credit report 37. Tax Deductibility. You understand that Lender makes no representation or warranty whatsoever concerning the tax consequences of this Credit Line Account, including the deductibility of interest, and that you should consult with your own tax advisor for guidance on this subject You also agree that Lender shall not be liable in any manner whatsoever should the interest paid on the Credit Line Account not be deductible 38. Governing Law. This Agreement will be governed by and interpreted in accordance with federal law and to the extent not preempted by the laws of the state where the Property is located, except for matters related to interest and the exportation of interest, which matters will be governed by and interpreted in accordance with federal law and the laws of the State of Rhode Island The loan transaction which is evidenced by this and other related documents has been approved, made, funded, and all necessary documents have been accepted by Lender in the State of Rhode Island 39. Interpretation. The names given to paragraphs or sections in this Agreement are for reference purposes only They are not to be used to interpret or define the provision of this Agreement You agree that this Agreement, together with the Security Instrument, is the best evidence of your agreement with us If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced Therefore, a court may enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable If we go to court for any reason, we can use a copy, filmed or electronic, of any periodic statement, this Agreement, the Security Instrument, or any other document to prove what you owe us or that a transaction has taken place. The copy, microfilm, microfiche, or optical image will have the same validity as the original. You agree that, except to the extent you can show there is a billing error, your most current periodic statement is the best evidence of your obligation to pay. 40. Acknowledgment. You understand and agree to the terms and conditions in this Agreement. By signing this Agreement, you acknowledge that you have read this Agreement. You also acknowledge receipt of a copy of this Agreement, including the Fair Credit Billing Notice and the early Home Equity Line of Credit application disclosure, in addition to the handbook entitled "When Your Home Is On the Line What You Should Know About Home Equity Lines of Credit," and disclosures/notices provided under applicable state law, given with the application before signing the Security Instrument and before using your Credit Line Account. If there is more than one Borrower, each is jointly and severally liable on this Agreement. This means we can require any one of you to pay all amounts due under this Agreement, including credit advances made to any of you. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Credit Line, to request and receive credit advances, and to do all other things necessary to carry out the terms of this Agreement. We can release any of you from responsibility under this Agreement, and the other Borrowers will remain responsible. You, the undersigned, certify that you have insured the property as identified in paragraph 12, entitled "Collateral", against loss by fire, hazards included within the term "extended coverage" which include windstorm, hail, explosion (except of steam boilers), riot, civil commotion, aircraft, vehicles, and smoke for the replacement cost of the buildings or appurtenances on the Property and has a standard mortgagee clause making loss payable to CITIZENS BANK, N A as its interest may appear. You agree to maintain such insurance until this Agreement is paid in full. You understand that you may purchase any required insurance through any duly licensed insurance agent and insurance company that is reasonably acceptable to us. You are not required to deal with any of our affiliates when choosing an insurance agent or insurance company. Your choice of a particular insurance agent or insurance company will not affect our credit decision, so long as the insurance provides adequate coverage with an insurer that meets our reasonable requirements. You may obtain the required insurance coverage through a single or multiple insurance policies from one or more carriers. All documents related to insurance for this loan should be mailed to the following address: Citizens, Consumer Finance Operations PO Box 42008 Providence, RI 02940-2008 (800)708-6680 You acknowledge that you authorize us (and our affiliates, agents and contractors) to contact you at any number you provide to us, from which you call us, or at which we believe we can reach you, and that we may contact you for any reason, including regarding any request you make for a loan or other product, to service or collect on every account you currently have with us or may have with us in the future and regarding any other products or services we are providing to you or which we provide to you in the future. You authorize us to contact you in any manner, including by means of automated dialing devices, prerecorded messages, wireless push notifications, or text messages, even if you are charged for receiving the communication and even if you will receive the communication on a mobile or wireless device. You agree that such calls are not unsolicited and that we may monitor and/or record them. You acknowledge that any payoff amounts referenced in the of Authorization of Payments to Third Parties paragraph of this Agreement were estimates based on the balances listed on your credit bureau report(s), or obtained from the lien creditors on your behalf. You acknowledge that you received and read, as applicable; the Home Equity disclosure statements provided to you during the application process, which include What you should know about Home Equity Lines of Credit, Privacy Notice and the package of initial disclosures If there is more than one signer below, it is your intention that this account be a joint account You acknowledge that with your application, you provided your consent to us to check your employment and credit history with any source and to answer questions about your credit experience with us By signing below you acknowledge the initial Periodic Rate and corresponding ANNUAL PERCENTAGE RATE actually in effect during the first billing cycle, which will be disclosed on your first periodic statement, may differ from these estimates if the Index changes between the date this Agreement was printed and the date you sign this Agreement <table> <tr> <th>Margin Added to Index</th> <th>ANNUAL PERCENTAGE RATE</th> <th>Daily Periodic Rate</th> </tr> <tr> <td>0.750%</td> <td>8.750%</td> <td>0.02397%</td> </tr> </table> By signing below you acknowledge that any payoff amounts referenced in the of Authorization of Payments to Third Parties paragraph of this Agreement were estimates based on the balances listed on your credit bureau report(s), or obtained from the lien creditors on your behalf Authorization of Payments to Third Parties Recording Fee: If you are paying off and closing an account secured by a Citizens Bank, N A then, the payoff amount listed below includes a fee of $__________________ to record the discharge $100,000.00 Credit Limit $ Customer Amount paid to others on my behalf + $ Amount received from borrower - $ Total fees to be paid by borrower - $100,000 00 Undisbursed Funds Disbursement Account Information Account Type Account Number _________________ You understand that no loan proceeds will be disbursed until any notice of the right to cancel time period specified has expired You authorized disbursements to lien creditors and to Citizens loan or line accounts listed above and acknowledge receipt of a filled in copy of this itemization of amount financed Citizens will provide to you the disbursement check(s) payable to non-lien creditor(s) listed above. You are to forward the referenced disbursement check(s) directly to named creditor(s) for appropriate processing by the non lien creditor. In order to secure our lien position, Citizens is authorized to add to the principal balance, or access deposit accounts to cover any shortage In the event a pay-off sent to another creditor is insufficient, Citizens is authorized to add to the principal balance, or access your deposit account funds held by us to cover such shortage in order to complete your transaction and secure our lien position. You will receive notification in the event an additional amount is needed. This amount should not exceed $1,000 00, further remedies may apply if a greater amount is needed This may result in a higher final payment due READ THIS AGREEMENT BEFORE YOU SIGN. REVIEW THE AUTHORIZATION OF PAYMENTS TO THIRD PARTIES PARAGRAPH, IN PARTICULAR ENSURE DISBURSEMENT ACCOUNT INFORMATION IS ACCURATE. LOAN PROCEEDS WILL BE DISBURSED TO THE ACCOUNT LISTED. DO NOT SIGN THIS AGREEMENT IF IT CONTAINS BLANK SPACES. THE AGREEMENT IS SECURED BY A SECURITY INSTRUMENT ON YOUR REAL PROPERTY. This Agreement is dated APRIL 5, 2023 THIS AGREEMENT IS SIGNED UNDER SEAL BORROWER: Carole S. Chilton 4-5-2023 BORROWER - CAROLE S. CHILTON - DATE - Effective Disbursement Date: APRIL 10, 2023 Pay to the order of without recourse to Citizens Bank, N.A. a National Banking Association Melanie L. Reid, SVP CITIZENS ATTN CONSUMER LOAN OPERATIONS ONE CITIZENS BANK WAY, JCB216 JOHNSTON, RI 02919 Prepared By BRENDA CICCARELLI CITIZENS, ONE CITIZENS BANK WAY, JOHNSTON, RI 02919 (800) 894-619 After Recording Return To TREASURER'S ENDORSEMENT I hereby certify that I received $100.00 and issued receipt no 1850 therefore in payment of mortgage tax on the within mortgage Dated this 20th day of April 2023 Robin Burton Grady County Treasurer Jelly Wilson Deputy Return to Rae Bodony/Accurate Group, LLC 5455 Detroit Rd, STE B Sheffield Village, Ohio 44054 440 716 1820 MORTGAGE WITH POWER OF SALE (Line of Credit) CHILTON Loan # ____________ PIN ____________ A power of sale has been granted in this Mortgage. A power of sale may allow the mortgagee to take the mortgaged property and sell it without going to court in a foreclosure action upon default by the Mortgagor under this Mortgage. THIS MORTGAGE, dated APRIL 5, 2023, is between CAROLE S CHILTON, UNMARRIED INDIVIDUAL(S), residing at 611 NW 3RD ST, MINCO, OK 73059, the person or persons signing as "Mortgagor(s)" below and hereinafter referred to as "we" or "us" and CITIZENS BANK, N A with an address at ONE CITIZENS PLAZA, PROVIDENCE, RI 02903 and hereinafter referred to as "you" or the "Mortgagee" MORTGAGED PREMISES In consideration of the loan hereinafter described, we hereby mortgage, grant and convey to you the premises located at 611 NW 3RD ST Street, MINCO Municipality, Oklahoma, GRADY County-73059 ZIP (the "Premises") and further described as SEE ATTACHED EXHIBIT A Parcel ID Number: 0000-10K-07W-28-1-021-00 The Premises includes all buildings and other improvements now or in the future on the Premises and all rights and interests which derive from our ownership, use or possession of the Premises and all appurtenances thereto, together with all existing or subsequently erected or affixed buildings, improvements and fixtures, all streets, lanes, alleys, passages, and ways, all easements, rights of way, all liberties, HELOC OK Mortgage 1325 37 privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywayise made appurtenant hereafter, and the reversions and remainders with respect thereto LOAN The Mortgage will secure your loan in the principal amount of $100,000 00 or so much thereof as may be advanced and readvanced from time to time to CAROLE S CHILTON the Borrower(s) under the Home Equity Line of Credit Agreement and Disclosure Statement (the "Agreement") dated APRIL 5, 2023, plus interest and costs, late charges and all other charges related to the loan, all of which sums are repayable according to the Agreement, which has a maturity date of APRIL 10, 2048 This Mortgage will also secure the performance of all of the promises and agreements made by us and each Borrower and Co-Signer in the Agreement, all of our promises and agreements in this Mortgage, any extensions, renewals, amendments, supplements and other modifications of the Agreement, and any amounts advanced by you under the terms of the section of this Mortgage entitled "Our Authority To You" Loans under the Agreement may be made, repaid and remade from time to time in accordance with the terms of the Agreement and subject to the Credit Limit set forth in the Agreement A zero balance due under the Agreement will not terminate this mortgage so long as the Agreement has not been terminated. ADVANCES All advances made us by you under the Agreement, whether at or subsequent to the time of signing or filing this Mortgage are obligating advances secured by this Mortgage All such obligating advances will have the same lien priority under this Mortgage as any funds initially advanced under the Agreement OWNERSHIP We are the sole owner(s) of the Premises We have the legal right to mortgage the Premises to you MORTGAGOR'S IMPORTANT OBLIGATIONS (a) TAXES We will pay all real estate taxes, assessments, water charges and sewer rents relating to the Premises when they become due We will not claim any credit on, or make deduction from, the loan under the Agreement because we pay these taxes and charges We will provide you with proof of payment upon request (b) MAINTENANCE We will maintain the building(s) on the Premises in good condition We will not make major changes in the building(s) except for normal repairs We will not tear down any of the building(s) on the Premises without first getting your consent We will not use the Premises illegally If this Mortgage is on a unit in a condominium or a planned unit development, we shall perform all of our obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development and constituent documents (c) INSURANCE We will keep the building(s) on the Premises insured at all times against loss by fire, flood and any other hazards you may specify We may choose the insurance company, but our choice is subject to your reasonable approval The policies must be for at least the amounts and the time periods that you specify We will deliver to you upon your request the policies or other proof of the insurance. The policies must name you as "mortgagee" and "loss-payee" so that you will receive payment of all insurance claims, to the extent of your interest under this Mortgage, before we do. The insurance policies must also provide that you be given not less than 10 days prior written notice of any cancellation or reduction in coverage, for any reason. Upon request we shall deliver the policies, certificates or other evidence of insurance to you. In the event of loss or damage to the Premises, we will immediately notify you in writing and file a proof of loss with the insurer. You may file a proof of loss on our behalf if we fail or refuse to do so. If you receive payment of a claim, you will have the right to choose to use the money either to repair the Premises or to reduce the amount owing on the Agreement. (d) CONDEMNATION We assign to you the proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Premises, or part thereof, or for conveyance in lieu of condemnation all of which shall be paid to you subject to the terms of any mortgages that have priority to this Mortgage. (e) SECURITY INTEREST We will join with you in signing and filing documents and, at our expense, in doing whatever you believe is necessary to perfect and continue the perfection of your lien and security interest in the Premises (f) OUR AUTHORITY TO YOU If we fail to perform our obligations under this Mortgage, you may, if you choose, perform our obligations and pay such costs and expenses. You will add the amounts you advance to the sums owed on the Agreement, on which you will charge interest at the interest rate set forth in the Agreement. If, for example, we fail to honor our promises to maintain insurance in effect, or to pay filing fees, taxes or the costs necessary to keep the Premises in good condition and repair or to perform any of our other agreements with you, you may, if you choose, advance any sums to satisfy any of our agreements with you and charge us interest on such advances at the interest rate set forth in the Agreement. This Mortgage secures all such advances. Your payments on our behalf will not cure our failure to perform our promises in this Mortgage. Any replacement insurance that you obtain to cover loss or damages to the Premises may be limited to the amount owing on the Agreement plus the amount of any mortgages that have priority to this Mortgage. (g) HAZARDOUS SUBSTANCES We shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Premises. We shall not do, nor allow anyone else to do, anything affecting the Premises that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Premises of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Premises. As used in this paragraph, "Hazardous Substance" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances gasoline, kerosene, other flammable or toxic petroleum products toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph, "Environmental Law" means federal laws of the jurisdiction where the Premises are located that relate to health, safety or environmental protection (h) SALE OF PREMISES We will not sell, transfer ownership of, mortgage or otherwise dispose of our interest in the Premises, in whole or in part, or permit any other lien or claim against the Premises without your prior written consent (i) INSPECTION We will permit you to inspect the Premises at any reasonable time NO LOSS OF RIGHTS The Agreement and this Mortgage may be negotiated or assigned by you without releasing us or the Premises. You may add or release any person or property obligated under the Agreement and this Mortgage without losing your rights in the Premises. POWER OF SALE We confer and grant to you the power to sell the Premises in the manner provided for in the Oklahoma Power of Sale Mortgage Foreclosure Act (and any amendments to the Act), Title 46 Okla. Stat. Section 41 et seq., without judicial foreclosure, if any event or condition described in Paragraph 12 A of the Agreement occurs. REMOVAL OF IMPROVEMENTS We shall not demolish or remove any improvements from the Premises without your prior written consent. As a condition to the removal of any improvements, you may require us to make arrangements satisfactory to you to replace such improvements with improvements of at least equal value. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS We shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Premises. We may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as we have notified you in writing prior to doing so and so long as in your sole judgment your interests in the Premises are not jeopardized. You may require us to post adequate security or a surety bond, reasonably satisfactory to you, to protect your interest. DUTY TO PROTECT We agree to neither abandon nor leave unattended the Premises. We shall do all other acts set forth above in this section, which from the character and use of the Premises are reasonably necessary to protect and preserve the Premises. COMPLIANCE WITH LAWS We warrant that the Premises and our use of the Premises complies with all existing applicable laws, ordinances, and regulations of governmental authorities. SURVIVAL OF PROMISES All promises, agreements and statements we have made in this Mortgage shall survive the execution and delivery of this Mortgage and shall be continuing in nature and shall remain in full force and effect until such time as the Agreement is paid in full. DEFAULT Except as may be prohibited by applicable law, and subject to any notice required by applicable law, if we default on any term in the Agreement and/or of any term of this Mortgage, you may, in accordance with applicable law, pursue and enforce any rights you have under applicable law, including, HELOC - OK Mortgage without limitation, the right to (i) accelerate all amounts due under the Agreement, (ii) foreclose upon this Mortgage and sell the Premises, either in whole or in part or in separate parcels at different times, if necessary, until the indebtedness due under the Agreement is satisfied or the Premises is exhausted, whichever occurs first, (iii) enter on and take possession of the Premises, (iv) collect the rental payments, including over-due rental payments, directly from tenants, and you are appointed as our agent and attorney-in-fact to collect any such rents by any appropriate proceeding, (v) manage the Premises, including signing, canceling and changing leases, and (vi) seek appointment of a receiver for the Premises and we hereby appoint you as our attorney-in-fact with authority to consent for us to the appointment of a receiver. This means that, among other rights you may pursue and enforce, you may arrange for the Premises to be sold, as provided by law, in order to pay off what we owe under the Agreement and under this Mortgage. If the money you receive from the sale is not enough to pay off what we owe you, we will still owe you the difference which you may seek to collect from us in accordance with applicable law. We agree that the interest rate set forth in the Agreement will continue before and after a default, entry of a judgment and foreclosure. Subject to applicable law, if you acquire the Premises at a forced sale following our default, our right to any insurance proceeds resulting from damage to the Premises prior to the acquisition shall pass to you to the extent of the sum secured by this Mortgage immediately prior to acquisition. In addition, subject to applicable law, you shall be entitled to collect all reasonable fees and costs actually incurred by you or your agents arising out of or related to this Mortgage or the Agreement, including, but not limited to, reasonable attorneys' fees and costs of foreclosure, property preservation, documentary evidence, abstracts and title reports. USE OF PREMISES The Premises shall be used primarily for a personal, family or household purpose WAIVERS To the extent permitted by applicable law, we waive and release any error or defects in proceedings to enforce this Mortgage and hereby waive the benefit of any present or future laws providing for stay of execution, extension of time exemption from attachment, levy and sale and homestead exemption BINDING EFFECT Each of us shall be fully responsible for all of the promises and agreements in this Mortgage. Until the Agreement has been paid in full and your obligation to make further advances under the Agreement has been terminated, the provisions of this Mortgage will be binding on us, our legal representatives, our heirs and all future owners of the Premises. This Mortgage is for your benefit and for the benefit of anyone to whom you may assign it. Upon payment in full of all amounts owing to you under the Agreement and this Mortgage, and provided any obligation to make further advances under the Agreement has terminated, this Mortgage and your rights in the Premises shall end NOTICE Except for any notice required under the Oklahoma Power of Sale Mortgage Foreclosure Act or other applicable law to be given in another manner, (a) any notice to us provided for in this Mortgage shall be given by delivering it or by mailing such notice by regular first class mail addressed to us at the last address appearing in your records or at such other address as we may designate by notice to you as provided herein, and (b) any notice to you shall be given by certified mail, return receipt requested, to your address at CITIZENS BANK, N.A., RJE310, 1 CITIZENS DRIVE, RIVERSIDE, RI 02915 or to such other address as you may designate by notice to us. Any notice provided for in this Mortgage shall be deemed to have been given to us or you when given in the manner designated herein RELEASE: Upon payment of all sums secured by this Mortgage and provided your obligation to make further advances under the Agreement has terminated, you shall discharge this Mortgage without charge to us GENERAL You can waive or delay enforcing any of your rights under this Mortgage without losing them Any waiver by you of any provisions of this Mortgage will not be a waiver of that or any other provision on any other occasion THIS MORTGAGE has been signed by each of us under seal on the date first above written Carole S. Chilton 4-5-2023 - MORTGAGOR - CAROLE S CHILTON - DATE - Witness ___________________________ Witness State of Oklahoma County of Grady This instrument was acknowledged before me on April 5, 2023 by CAROLE S CHILTON, UNMARRIED INDIVIDUAL(S). SHELLY DIANNE BILLINGS Notary Public - State of Oklahoma Commission Number 18012743 My Commission Expires Dec 28, 2026 EXHIBIT A THE FOLLOWING PROPERTY AND PREMISES SITUATE IN GRADY COUNTY, STATE OF OKLAHOMA TO-WIT A TRACT OF LAND DESCRIBED AS FOLLOWS BEGINNING AT THE CORNERSTONE OF THE NORTHWEST CORNER OF THE NE/4 OF SECTION 28, TOWNSHIP 10 NORTH, RANGE 7 WEST OF THE INDIAN MERIDIAN, GRADY COUNTY, OKLAHOMA, THENCE SOUTH 563 CHAINS, THENCE SOUTH 84 DEGREES 30 MINUTES EAST 688 CHAINS TO THE SOUTHEAST CORNER OF THIS TRACT, THENCE NORTH 9 DEGREES 30 MINUTES EAST A DISTANCE OF 80 FEET TO THE NORTHEAST CORNER OF THIS TRACT, THENCE NORTHWESTERLY AND PARALLEL WITH THE SOUTH LINE OF THIS TRACT A DISTANCE OF 140 FEET TO THE NORTHWEST CORNER OF THIS TRACT, THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF THIS TRACT FOR A DISTANCE OF 80 FEET TO THE SOUTHWEST CORNER OF THIS TRACT AND THENCE SOUTH 84 DEGREES 30 MINUTES EAST FOR A DISTANCE OF 140 FEET BACK TO THE SOUTHEAST CORNER OF THIS TRACT, AND BEING LOCATED IN THE NW/4 OF NW/4 OF NE/4 OF SECTION 28, TOWNSHIP 10 NORTH, RANGE 7 WEST OF THE INDIAN MERIDIAN THIS BEING THE SAME PROPERTY CONVEYED TO JERRY D CHILTON AND CAROLE S CHILTON, HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, WITH FULL RIGHT OF SURVIVORSHIP, BY DEED FROM THE SECRETARY OF VETERANS AFFAIR, DATED 11/12/1989 AND RECORDED ON 01/02/1990 IN BOOK 2152, PAGE 215, INSTRUMENT NO 068242, IN THE GRADY COUNTY RECORDERS OFFICE THIS BEING THE SAME PROPERTY CONVEYED TO JERRY D CHILTON AND CAROLE S CHILTON, HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, WITH FULL RIGHT OF SURVIVORSHIP, BY DEED FROM PHYLLIS JEAN JOHNSON, A SINGLE PERSON, DATED 03/30/1984 AND RECORDED ON 04/03/1984 IN BOOK 1412, PAGE 476, INSTRUMENT NO 67030, IN THE GRADY COUNTY RECORDERS OFFICE PARCEL NO 0000-28-10N-07W-1-021-00