BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as Trustee for Mortgage Assets Management Series I Trust v. UNKNOWN SUCCESSOR TRUSTEE OF THE DAVID S. WOODS AND JEANETTE WOODS REVOCABLE LIVING TRUST DATED JANUARY 21, 2009

IN THE DISTRICT COURT WITHIN AND FOR DELAWARE COUNTY STATE OF OKLAHOMA BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE FOR MORTGAGE ASSETS MANAGEMENT SERIES I TRUST, Plaintiff, -vs- UNKNOWN SUCCESSOR TRUSTEE OF THE DAVID S. WOODS AND JEANETTE WOODS REVOCABLE LIVING TRUST DATED JANUARY 21, 2009; DAVID S. WOODS AND JEANETTE WOODS REVOCABLE LIVING TRUST DATED JANUARY 21, 2009; UNITED STATES OF AMERICA EX REL SECRETARY OF HOUSING AND URBAN DEVELOPMENT; AND OCCUPANT(S), IF ANY, OF THE PREMISES; Defendants. CASE NO. CJ-2025-38 PETITION COMES NOW Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust (herein: "Plaintiff"), and for its causes of action against the above-named defendants, alleges and states as follows: 1. Plaintiff was at all times and is duly authorized to bring this action. 2. That David S. Woods and Jeanette Woods, individually and as Trustees of the David S. Woods and Jeanette Woods Revocable Living Trust Dated January 21, 2009, are obligated on a certain promissory note and mortgage described below. 3. Borrowers, for good and valuable consideration, made, executed, and delivered to Generation Mortgage Company, the original lender and Plaintiff’s predecessor in interest, a certain written promissory note which is the subject of this action (herein: “Note”). A true and correct copy of the Note is attached hereto as Exhibit “A.” a. The Note is dated December 15, 2009; b. The Note establishes an annual fixed interest rate of 5.560%; and c. The Note is indorsed in blank. 4. As part of the same loan transaction, and in order to secure the payment of the loan, made, executed, and delivered to Generation Mortgage Company, the original lender of the Note and Plaintiff’s predecessor in interest, a mortgage and conveyed the mortgage to the mortgagee (herein: “Mortgage”). The mortgage encumbers the following property: LOT 1 OF PLAY HAVEN, A DELAWARE COUNTY SUBDIVISION OF A PORTION OF THE E 1/2 SE 1/4 OF SEC. 20, TWP. 24 RGE. 22 E., AND, THE ABANDONED PRIVATE ROAD R/W, 20FT. WIDE ADJOINING THE SAID LOT 1, ALONG THE WEST SIDE THEREOF. DESCRIBED AS FOLLOWS; BEGINNING AT THE SW CORNER OF THE SAID LOT 1; THENCE WEST 20 FT; THENCE NORTH 147 FT. THENCE EAST 20 FT. TO THE NW CORNER OF THE SAID LOT 1; THENCE SOUTH ON AND ALONG THE WEST LINE OF SAID LOT 1, 147 FT. TO THE POINT OF BEGINNING. AND, A PORTION OF THE NE 1/4 SW 1/4 SE 1/4, OF SECTION 20, TWP. 24 N., RGE. 22 E., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE NW 1/4 SE 1/4 SE 1/4 OF SEC. 20; THENCE W. 150 FT; THENCE IN A NORTH-EASTERLY DIRECTION TO A POINT ON THE W. LINE OF THE NW 1/4 SE 1/4 SE 1/4, OF SAID SEC. 20; THENCE S. 300 FT. TO THE POINT OF BEGINNING, LESS THAT PART TAKEN FOR A PRIVATE ROAD R/W ALONG THE WEST SIDE THEREOF; ALL IN DELAWARE COUNTY, STATE OF OKLAHOMA. (herein: “Property”) with a common address 32884 Wood Dr, Afton, OK 74331. A true and correct copy of the Mortgage is attached as Exhibit “B.” a. The Mortgage is dated December 15, 2009; b. The Mortgage establishes a maximum principal amount of $938,250.00; c. David S. Woods and Jeanette Woods, Trustees of the David S. Woods and Jeanette Woods Revocable Living Trust Dated January 21, 2009, signed the Mortgage; and d. The Mortgage was recorded in the Delaware County Clerk’s Office on January 08, 2010, at Book 1891, and Page 696. 5. Borrowers obtained ownership interest in subject Property as David S. Woods and Jeanette Woods, husband and wife, as joint tenants with right of survivorship, by virtue of Joint Tenancy Quit Claim Deed recorded in the Delaware County Clerk’s Office on May 19, 1983, at Book 447, and Page 790. David S. Woods and Jeanette Woods then deeded the property to themselves as Trustees of the David S. Woods and Jeanette Woods Revocable Living Trust through Quit Claim Deed recorded on January 23, 2009, at Book 1846, and Page 661. They subsequently conveyed interest from David S. Woods and Jeanette Woods, Trustees of the David S. Woods and Jeanette Woods Revocable Living Trust, Married, to David S. Woods and Jeanette Woods, Trustees of the David S. Woods and Jeanette Woods Revocable Living Trust Dated January 21, 2009, through Individual Quit Claim Deed recorded January 08, 2010, at Book 1891, and Page 694. 6. The Borrowers are obligated on the subject Note and have not been released from liability thereon. 7. The Mortgage encumbers the real estate along with all the improvements, easements, appurtenances, and fixtures from the date of the execution to present and hereafter, as well as all replacements and additions to the Property. Mortgage, Ex. B. 8. Plaintiff has standing to enforce this Note under the laws governing contracts; as described by 12A OKLA. STAT. TIT. §3-301; and/or as described by 12A OKLA. STAT. TIT. §1-9-203. Plaintiff has provided the Court with prima facie evidence of standing attached to this Petition. 9. Plaintiff has complied with all the terms and conditions of the Note and Mortgage. 10. Borrowers are in default. The default claimed is death, which is an instance of default under the mortgage loan. The default date is March 23, 2024. The default has not been cured by any available means. 11. The Note and Mortgage provide that if default is made as to any of the terms of the Note and Mortgage by Borrowers, or if Borrowers fail to perform any of the other obligations described in the Note and Mortgage, that the entire unpaid principal, interest, and all other sums allowed and secured by the Note and Mortgage, shall become due and payable at the option of the Plaintiff. Further, in response to Borrowers' default, Plaintiff is entitled to foreclose the mortgage to recover all amounts due, and to have the Property sold and all proceeds applied to the payment of the entire indebtedness described, allowed, and secured by the Note and Mortgage. 12. Plaintiff has made demand and has accelerated this loan in accordance with the Note, Mortgage, and applicable law. 13. As a necessary measure in the furtherance of enforcing this Note and Mortgage, Plaintiff has incurred costs, which are a further lien upon the Property secured by the Mortgage. 14. The Note and Mortgage provide that the attorney fees incurred by Plaintiff in the enforcement of the Note and Mortgage are the responsibility of Borrowers and constitute a further lien on the Property secured by the Mortgage. 15. After consideration of all credits to this loan account, as of February 11, 2025, Plaintiff is due the sum of $402,046.89 in unpaid principal balance, with accrued interest of $577,495.93, and 5.560% interest per annum thereon, or as adjusted by the Note and Mortgage, from December 15, 2009, until paid; and all other costs of this action including title costs, late fees, NSF fees, escrow advances, corporate advances, property preservation costs, attorney fees, and all costs and fees associated with the furtherance of this action, which is a first, prior, and superior lien on the Property. 16. The Mortgage specifically provides for waiver of the appraisement without further consent of any defendant. 17. Plaintiff has been informed and believes that David S. Woods died intestate on or about April 11, 2013, a resident of Delaware County, Oklahoma, and that Jeanette Woods died intestate on or about March 23, 2024, a resident of Delaware County, Oklahoma. Other than the named parties in this suit, Plaintiff, with due diligence, cannot ascertain the names or whereabouts of any Successor Trustees. No probate proceedings have commenced. Other than any unknown Successor Trustee, no other person has any right, title or interest in and to the real estate and premises herein sued upon. 18. Unknown Successor Trustee of the David S. Woods and Jeanette Woods Revocable Living Trust Dated January 21, 2009 may claim some right, title, lien, estate, encumbrance, claim, assessment, or other interest in the Property by virtue of Trustee and/or any possible homestead interest which they may have or claim to have in the Property. 19. With respect to the additional defendants, Plaintiff alleges as follows: a. Additional defendant, David S. Woods and Jeanette Woods Revocable Living Trust Dated January 21, 2009, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of the deed recorded on January 8, 2010, at Book 1891, and Page 694. b. Additional defendant, United States of America ex rel Secretary of Housing and Urban Development, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of mortgage recorded in the Delaware County Clerk’s Office on January 08, 2010 at Book 1891, and Page 707. c. Additional defendants, Occupant(s), if any, of the Premises, whose true and correct legal identities are unknown to the Plaintiff at this time, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of occupancy of the Property. d. Plaintiff further asserts that any right, title, lien, estate, encumbrance, claim assessment, or interest claimed by any defendant is subordinate and inferior to the mortgage lien claimed by Plaintiff. Plaintiff respectfully requests that each and every defendant claiming and interest in the Property be required to establish the claimed right herein or be barred forever for further asserting such a claim. WHEREFORE, Plaintiff prays for a judgment in rem against the Property, the Premises, and all defendants in the amount of $402,046.89 in unpaid principal balance, with accrued interest of $577,495.93, and 5.560% interest per annum thereon, or as adjusted by the Note and Mortgage, from December 15, 2009, until paid; all abstracting and title costs incurred by Plaintiff to enforce the Note and Mortgage; all late charges; NSF fees; escrow advances; corporate advances; taxes; insurance premiums; property preservation charges; attorney fees; and all fees and costs associated with this action as allowed by the Note and Mortgage. FURTHER, Plaintiff prays for judgment in rem against The Unknown Successor Trustee of The David S. Woods and Jeanette Woods Revocable Living Trust Dated January 21, 2009, The David S. Woods and Jeanette Woods Revocable Living Trust Dated January 21, 2009, and the Occupant(s) of the Premises, the Property, the Premises, and all defendants, awarding judgment as follows: All defendants have set out their purported claims to the Property or have waived their rights to do so. Plaintiff’s mortgage is declared a first, prior, and superior lien on the Property as to all other claims asserted, and further declaring that Plaintiff is entitled to all amounts set forth herein. That Plaintiff is entitled to foreclose the Mortgage, and the Property shall be sold for cash and that sale shall be had with appraisement. The proceeds of the sale shall be applied first to the payment of the costs incurred herein, and then to the satisfaction of the judgment amount, Mortgage, and lien asserted by Plaintiff. That Plaintiff's Mortgage lien interest is prior, first, and superior to all other claims of defendants. That all right, title, claim, encumbrance, or interest claimed by any defendant shall be adjudged junior, inferior, and subject to Plaintiff's Mortgage lien. That upon confirmation of the sale, that all and each of the defendants herein, be forever foreclosed, barred, and enjoined from asserting claim of a right, title, estate, encumbrance, or other interest of any nature to the Property. Finally, Plaintiff prays for any and all further relief this Court deems just and equitable. Respectfully submitted, Sally E. Garrison, OBA #18709 Matthew R. Eads, OBA #35103 Alex S. Rivera, OBA #32269 THE MORTGAGE LAW FIRM, PLLC 421 NW 13th Street, Suite 300 Oklahoma City, OK 73103 Telephone: (405) 246-0602 Facsimile: (405) 698-0007 [email protected] [email protected] [email protected] Attorneys for Plaintiff VERIFICATION I affirm that I have read the Petition and the foregoing representations are true. Name: Alex S. Rivera, OBA #32269 State of Oklahoma County of Oklahoma Signed and affirmed before me on this 20 day of February 2025 by Alex S. Rivera. (Seal) My Commission expires: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CLOSED-END FIXED RATE NOTE (HOME EQUITY CONVERSION) DECEMBER 15, 2009 32884 WOOD DR, AFTON, OKLAHOMA 74331-9615 [Property Address] 1. DEFINITIONS "Borrower" means each person signing at the end of this Note. "Lender" means GENERATION MORTGAGE COMPANY and its successors and assigns. "Secretary" means the Secretary of Housing and Urban Development or his or her authorized representatives. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for amounts to be advanced by Lender to or for the benefit of Borrower under the terms of a Home Equity Conversion Loan Agreement dated DECEMBER 15, 2009 ("Loan Agreement"), Borrower promises to pay to the order of Lender a principal amount equal to the sum of all Loan Advances made under the Loan Agreement with interest. All amounts advanced by Lender, plus interest, if not due earlier, are due and payable on JUNE 25, 2083. Interest will be charged on unpaid principal at the rate of FIVE AND 56/100 percent (5.560 %) per year until the full amount of principal has been paid. Accrued interest shall be added to the principal balance as a Loan Advance at the end of each month. 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 pay all outstanding principal and accrued interest to Lender upon receipt of a notice by Lender requiring immediate payment in full, as provided in Paragraph 6 of this Note. (B) Place Payment shall be made at GENERATION MORTGAGE COMPANY 3565 PIEDMONT ROAD NE, SUITE 300 ATLANTA, GEORGIA 30305-1538 or at such other place as Lender may designate in writing by notice to Borrower. (C) Limitation of Liability Borrower shall have no personal liability for payment of this Note. Lender shall enforce the debt only through sale of the Property covered by the Security Instrument ("Property"). If this Note is assigned to the Secretary, the Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. 5. BORROWER'S RIGHT TO PREPAY A Borrower receiving monthly payments under the Loan Agreement has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty. Any amount of debt prepaid will first be applied to reduce the principal balance of the Second Note described in Paragraph 10 of this Note and then to reduce the principal balance of this Note. All prepayments of the principal balance shall be applied by Lender as follows: First, to that portion of the principal balance representing aggregate payments for mortgage insurance premiums; Second, to that portion of the principal balance representing aggregate payments for servicing fees; Third, to that portion of the principal balance representing accrued interest due under the Note; and Fourth, to the remaining portion of the principal balance. To the extent Borrower prepayes any outstanding balance under this Note, such amounts will no longer be available to be advanced under this Note. 6. IMMEDIATE PAYMENT IN FULL (A) Death or Sale Lender may require immediate payment in full of all outstanding principal and accrued interest, if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower, or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property). (B) Other Grounds Lender may require immediate payment in full of all outstanding principal and accrued interest, upon approval by an authorized representative of the Secretary, if: (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; (ii) For a period of longer than 12 consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or (iii) An obligation of the Borrower under the Security Instrument is not performed. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, the debt enforced through sale of the Property may include costs and expenses, including reasonable and customary attorney's fees, associated with enforcement of 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. (D) Trusts Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyances of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph. 7. WAIVERS Borrower waives 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 obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note only through sale of the Property. 10. RELATIONSHIP TO SECOND NOTE (A) Second Note Because Borrower will be required to repay amounts which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i)(X)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to grant a Second Note to the Secretary. (B) Relationship of Secretary Payments to this Note Payments made by the Secretary shall not be included in the debt due under this Note unless: (i) This Note is assigned to the Secretary; or (ii) The Secretary accepts reimbursement by the Lender for all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the payments, shall be included in the debt. (C) Effect on Borrower Where there is no assignment or reimbursement as described in (B)(i) or (ii) and the Secretary makes payments to Borrower, then Borrower shall not: (i) Be required to pay amounts owed under this Note until the Secretary has required payment in full of all outstanding principal and accrued interest under the Second Note held by Secretary, notwithstanding anything to the contrary in Paragraph 6 of this Note; or (ii) Be obligated to pay interest under this Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance of this Note, notwithstanding anything to the contrary in Paragraph 2 of this Note or any Allonge to this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. DAVID S. WOODS 12/15/09 (Seal) - Borrower JEANETTE WOODS 12/15/09 (Seal) - Borrower DAVID S. WOODS, TRUSTEE 12/15/09 JEANETTE WOODS, TRUSTEE Pay to the order of Without recourse Generation Mortgage Company Nicole Minviro Texas Capital Bank, NA As Attorney-in-Fact for: Generation Mortgage Company ALLONGE TO FIXED RATE NOTE Loan Number: ______________________ Loan Amount: $938,250.00 Mortgagor(s): David S. Woods and Jeanette Woods Property Address: 32884 WOOD DR Afton, OK 74331-9615 Allonge to one certain Fixed Rate Note dated 12/15/2009, in favor of Generation Mortgage Company and executed by David S. Woods and Jeanette Woods Pay To The Order Of: __________________________________________ Without Recourse Generation Mortgage Company ______________________________ Signature of Authorized Officer Christine Antaya - Vice President Printed/Typed Name of Authorized Officer First American Equity Loan Services Electronically Recorded Document Equity Loan Services Order Number: [REDACTED] The attached document was recorded on your behalf by Equity Loan Services via our electronic recording process. We are returning your original document along with this cover page that includes the post-recordings information at the bottom. To view a full image of the post-recorded document, please visit our website at www.elsonline.net. Thank you for allowing Equity Loan Services to record your documents. Recorded Date/Time: 1/8/2010 12:38 PM Instrument Number: I-2010-000199 Book: 1891 Page: 696 Document Type: Mortgage Document Seq: 1 Please visit www.elsonline.net to view the entire Recorded document image. 1100 Superior Ave Cleveland, OH 44114 TEL: (216) 241-1278 TOLL: (800) 221-8683 <www.elsonline.net> EXHIBIT B GENERATION MORTGAGE COMPANY 3565 PIEDMONT ROAD SUITE 300 ATLANTA, GA 30305 WHEN RECORDED; RETURN TO: EQUITY LOAN SERVICES 1100 SUPERIOR AVENUE, SUITE 200 CLEVELAND, OHIO 44114 NATIONAL RECORDING - TEAM 2 Accommodation Recording Per Client Request [Space Above This Line For Recording Data] State of Oklahoma CLOSED-END FIXED RATE HOME EQUITY CONVERSION MORTGAGE THIS MORTGAGE ("Security Instrument") is given on DECEMBER 15, 2009. The mortgagor is DAVID S. WOODS AND JEANETTE WOODS, TRUSTEES OF THE DAVID S. WOODS AND JEANETTE WOODS REVOCABLE LIVING TRUST DATED JANUARY 21, 2009 whose address is 32884 WOOD DR AFTON, OKLAHOMA 74331-9615 ("Borrower"). This Security Instrument is given to GENERATION MORTGAGE COMPANY which is organized and existing under the laws of THE STATE OF CALIFORNIA, and whose address is 3565 PIEDMONT ROAD SUITE 300, ATLANTA, GA 30305 ("Lender"). Borrower has agreed to repay to Lender amounts which Lender is obligated to advance, including future advances, under the terms of a Home Equity Conversion Loan Agreement dated the same date as this Security Instrument ("Loan Agreement"). The agreement to repay is evidenced by Borrower's Note dated the same date as this Security Instrument ("Note"). 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, up to a maximum principal amount of NINE HUNDRED THIRTY EIGHT THOUSAND TWO HUNDRED FIFTY AND NO/100 Dollars (U.S. $ 938,250.00 ); (b) the payment of all other sums, with interest, advanced under Paragraph 5 to protect the security of this Security Instrument or otherwise due under the terms of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. The full debt, including amounts described in (a), (b), and (c) above, if not due earlier, is due and payable on JUNE 25, 2083. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, with power of sale, the following described property located in DELAWARE County, Oklahoma: First American Loan Production Services © 2008 First American Real Estate Solutions LLC FALPS# OKHECM1SIF Rev. 03-18-09 Page 1 See Attached Exhibit A which has the address of 32884 WOOD DR [Street] AFTON, OKLAHOMA 74331-9615 ("Property Address"); [City] [State] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered. 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 and Interest. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note. 2. Payment of Property Charges. Borrower shall pay all property charges consisting of taxes, ground rents, flood and hazard insurance premiums, and special assessments in a timely manner, and shall provide evidence of payment to Lender, unless Lender pays property charges by withholding funds from monthly payments due to the Borrower or by charging such payments to a line of credit as provided for in the Loan Agreement. 3. 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. This insurance shall be maintained in the amounts, to the extent and for the periods required by Lender or the Secretary of Housing and Urban Development ("Secretary"). 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 to Lender instead of to Borrower and Lender jointly. Insurance proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied first to the reduction of any indebtedness under a Second Note and Second Security Instrument held by the Secretary on the Property and then to the reduction of the indebtedness under the Note and this Security Instrument. 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. 4. 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 after the execution of this Security Instrument, and Borrower (or at least one Borrower, if initially more than one person are Borrowers) shall continue to occupy the Property as Borrower's principal residence for the term of the Security Instrument. "Principal residence" shall have the same meaning as in the Loan Agreement. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. 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. 5. 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. Borrower shall promptly discharge any lien which has priority over this Security Instrument in the manner provided in Paragraph 12(c). If Borrower fails to make these payments or the property charges 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. To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts due to the Secretary for the Mortgage Insurance Premium as defined in the Loan Agreement as well as all sums due to the loan servicer for servicing activities as defined in the Loan Agreement. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for in the Loan Agreement and shall be secured by this Security Instrument. 6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to any inspection or appraisal specifying a purpose for the inspection or appraisal which must be related to Lender's interest in 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 without notice to the Borrower. 7. 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 shall be paid to Lender. The proceeds shall be applied first to the reduction of any indebtedness under a Second Note and Second Security Instrument held by the Secretary on the Property, and then to the reduction of the indebtedness under the Note and this Security Instrument. 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. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Due and Payable. Lender may require immediate payment in full of all sums secured by this Security Instrument if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower; or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property). (b) Due and Payable with Secretary Approval. Lender may require immediate payment in full of all sums secured by this Security Instrument, upon approval of the Secretary, if: (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; or (ii) For a period of longer than twelve (12) consecutive months, a Borrower fails to occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or (iii) An obligation of the Borrower under this Security Instrument is not performed. (c) Notice to Lender. Borrower shall notify Lender whenever any of the events listed in this Paragraph (a) (ii) or (b) occur. (d) Notice to Secretary and Borrower. Lender shall notify the Secretary and Borrower whenever the loan becomes due and payable under Paragraph 9 (a) (ii) or (b). Lender shall not have the right to commence foreclosure until Borrower has had thirty (30) days after notice to either: (i) Correct the matter which resulted in the Security Instrument coming due and payable; or (ii) Pay the balance in full; or (iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net proceeds of the sale toward the balance; or (iv) Provide the Lender with a deed in lieu of foreclosure. (e) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph 9. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph 9. (f) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note not be eligible for insurance under the National Housing Act within SIXTY DAYS from the date hereof, if permitted by applicable law 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 SIXTY 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. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt secured by this Security Instrument. Lender may enforce the debt only through sale of the Property. Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security Instrument is foreclosed. If this Security Instrument is assigned to the Secretary upon demand by the Secretary, Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. 11. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full. This right applies even after foreclosure proceedings are instituted. To reinstate this Security Instrument, Borrower shall correct the condition which resulted in the requirement for immediate payment in full. Foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding shall be added to the principal balance. 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 Security Instrument. 12. Lien Status. (a) Modification. Borrower agrees to extend this Security Instrument in accordance with this Paragraph 12(a). If Lender determines that the original lien status of the Security Instrument is jeopardized under state law (including but not limited to situations where the amount secured by the Security Instrument equals or exceeds the maximum principal amount stated or the maximum period under which loan advances retain the same lien priority initially granted to loan advances has expired) and state law permits the original lien status to be maintained for future loan advances through the execution and recordation of one or more documents, then Lender shall obtain title evidence at Borrower's expense. If the title evidence indicates that the Property is not encumbered by any liens (except this Security Instrument, the Second Security Instrument described in Paragraph 13(a) and any subordinate liens that the Lender determines will also be subordinate to any future loan advances), Lender shall request the Borrower to execute any documents necessary to protect the lien status of future loan advances. Borrower agrees to execute such documents. If state law does not permit the original lien status to be extended to future loan advances, Borrower will be deemed to have failed to have performed an obligation under this Security Instrument. (b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral program, if any liens created by the tax deferral are not subordinate to this Security Instrument. (c) Prior Liens. 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 forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to all amounts secured by 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. 13. Relationship to Second Security Instrument. (a) Second Security Instrument. In order to secure payments which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to execute a Second Note and a Second Security Instrument on the Property. (b) Relationship of First and Second Security Instruments. Payments made by the Secretary shall not be included in the debt under the Note unless: (i) This Security Instrument is assigned to the Secretary; or (ii) The Secretary accepts reimbursement by the Lender for all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the payments, but excluding late charges paid by the Secretary, shall be included in the debt under the Note. (c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or (ii) and the Secretary makes payments to Borrower, then Borrower shall not: (i) Be required to pay amounts owed under the Note, or pay any rents and revenues of the Property under Paragraph 19 to Lender or a receiver of the Property, until the Secretary has required payment in full of all outstanding principal and accrued interest under the Second Note; or (ii) Be obligated to pay interest under the Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance under the Note. (d) No Duty of the Secretary. The Secretary has no duty to Lender to enforce covenants of the Second Security Instrument or to take actions to preserve the value of the Property, even though Lender may be unable to collect amounts owed under the Note because of restrictions in this Paragraph 13. 14. Forbearance by Lender Not a Waiver. 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. 15. Successors and Assigns Bound; Joint and Several Liability. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender. Borrower may not assign any rights or obligations under this Security Instrument or under the Note, except to a trust that meets the requirements of the Secretary. Borrower's covenants and agreements shall be joint and several. 16. 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 all Borrowers jointly designate. 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 16. 17. 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. 18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Security Instrument. NON-UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 19. 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 this 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 19. 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 this Security Instrument is paid in full. 20. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Paragraph 20, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice in the manner required by applicable law to Borrower and any other persons prescribed by applicable law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law. 21. Lien Priority. The full amount secured by this Security Instrument shall have the same priority over any other liens on the Property as if the full amount had been disbursed on the date the initial disbursement was made, regardless of the actual date of any disbursement. The amount secured by this Security Instrument shall include all direct payments by Lender to Borrower and all other loan advances permitted by this Security Instrument for any purpose. This lien priority shall apply notwithstanding any State constitution, law or regulation, except that this lien priority shall not affect the priority of any liens for unpaid State or local governmental unit special assessments or taxes. 22. 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. 23. 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. 24. Assumption Fee. If there is an assumption of this Loan, Lender may charge an assumption fee of U.S.$ N/A 25. Obligatory Loan Advances. Lender's responsibility to make Loan Advances under the terms of the Loan Agreement, including Loan Advances of principal to Borrower, as well as Loan Advances for interest, MIP, Servicing Fees and other charges, is obligatory. 26. 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 [ ] Planned Unit Development Rider [ ] Other (Specify) NOTICE TO BORROWER A power of sale has been granted in this Security Instrument. A power of sale may allow the Lender DAVID S. WOODS 12/15/09 (Seal) - Borrower JEANETTE WOODS 12/15/09 (Seal) - Borrower DAVID S. WOODS, TRUSTEE 12/15/09 (Seal) - Borrower JEANETTE WOODS, TRUSTEE 12/15/09 (Seal) - Borrower Shelia L Merta 12/15/09 my commission expires 4/14/2012 [Space Below This Line for Acknowledgments] State of OKLAHOMA County of Delaware The instrument was acknowledgment before me on Dec, 15, 2009 (date) by DAVID S. WOODS AND JEANETTE WOODS (name(s) of person(s)). (Signature of notarial officer) Sherrine L. Mantooth (Seal, if any) Title (and Rank) Patsey Pablee (My commission expires: June 26, 2012, EXHIBIT 'A' File No.: [REDACTED] Property: 32884 WOOD DR, AFTON, OK 74331 LOT 1 OF PLAY HAVEN, A DELAWARE COUNTY SUBDIVISION OF A PORTION OF THE E 1/2 SE 1/4 OF SEC. 20, TWP. 24 RGE. 22 E., AND, THE ABANDONED PRIVATE ROAD R/W, 20FT. WIDE ADJOINING THE SAID LOT 1, ALONG THE WEST SIDE THEREOF. DESCRIBED AS FOLLOWS; BEGINNING AT THE SW CORNER OF THE SAID LOT 1; THENCE WEST 20 FT; THENCE NORTH 147 FT. THENCE EAST 20 FT. TO THE NW CORNER OF THE SAID LOT 1; THENCE SOUTH ON AND ALONG THE WEST LINE OF SAID LOT 1, 147 FT. TO THE POINT OF BEGINNING. AND, A PORTION OF THE NE 1/4 SW 1/4 SE 1/4, OF SECTION 20, TWP. 24 N., RGE. 22 E., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE NW 1/4 SE 1/4 SE 1/4 OF SEC. 20; THENCE W. 150 FT; THENCE IN A NORTH-EASTERLY DIRECTION TO A POINT ON THE W. LINE OF THE NW 1/4 SE 1/4 SE 1/4, OF SAID SEC. 20; THENCE S. 300 FT. TO THE POINT OF BEGINNING, LESS THAT PART TAKEN FOR A PRIVATE ROAD R/W ALONG THE WEST SIDE THEREOF; ALL IN DELAWARE COUNTY, STATE OF OKLAHOMA. A.P.N. 21509