Wells Fargo Bank, N.A. v. Michael Dennis O'Brien

IN THE DISTRICT COURT OF MCCLAIN COUNTY STATE OF OKLAHOMA WELLS FARGO BANK, N.A., Plaintiff, v. MICHAEL DENNIS O'BRIEN A/K/A MICHAEL D. O'BRIEN A/K/A MICHAEL O'BRIEN; JAN MARIE O'BRIEN A/K/A JAN M. O'BRIEN A/K/A JAN O'BRIEN; JOHN DOE, OCCUPANT; AND UNKNOWN SUCCESSOR TRUSTEES, BENEFICIARIES AND ASSIGNS OF THE JOE RILEY FULLER AND SANDRA ANN FULLER LIVING TRUST Defendant(s). Case No. CJ-2020-29 FILED IN DISTRICT COURT McClain County, Oklahoma FEB 21 2020 Kristel Gray, Court Clerk by ______________________, Deputy PETITION COMES NOW the Plaintiff, Wells Fargo Bank, N.A., and for its cause of action against the above-named defendants, alleges and states: 1. That on September 17, 2012, Michael Dennis O'Brien and Jan Marie O'Brien, for valuable consideration, executed a certain promissory note payable to First American Mortgage, Inc. in the principal sum of $124,694.00, and that the Plaintiff is in possession of and is the holder of and is entitled to enforce said note, a full, true and correct copy of which is attached hereto, marked Exhibit "1" and made a part hereof. 2. That on September 17, 2012, in order to secure the payment of said sum of money, as evidenced by the said note, and as part and parcel of said transaction, Michael Dennis O'Brien and Jan Marie O'Brien, Husband and Wife, as owner(s) and mortgagor(s) of the hereinafter-described property, executed and delivered to Mortgage Electronic Registration Systems, Inc., as mortgagee, a certain purchase money mortgage in which the said mortgagor(s) conveyed and mortgaged to the said mortgagee all of the following-described real estate situated in McClain County, State of Oklahoma, to-wit: LOT SIX (6) BLOCK ONE (1), REVISED PLAT OF BLOCKS 2 & 3, WALNUT GROVE ADDITION TO THE TOWN OF NEWCASTLE, MCCLAIN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF PROPERTY ADDRESS: 1170 N.W. 1st Street, Newcastle, OK 73065 together with all buildings, improvements, fixtures, appurtenances and hereditaments appertaining or belonging thereto. 3. That on September 20, 2012, the said purchase money mortgage was filed of record, with mortgage tax paid thereon, in the office of the county clerk of McClain County, Oklahoma, in Book 2074 Page 346, a true and correct copy of which is attached hereto, marked Exhibit "2" and made a part hereof. 4. That on December 17, 2019, the said Purchase Money Mortgage was assigned to the Plaintiff by that certain assignment filed for record on December 23, 2019, in Book 2600 Page 575, records of said county and state, a copy of which is attached hereto, marked Exhibit "3" and made a part hereof. 5. That default has occurred in that the monthly payment due for October 1, 2019 and thereafter has not been made as provided in the note and purchase money mortgage; that the Plaintiff hereby declares the whole of said indebtedness due and payable, and elects to have the purchase money mortgage foreclosed and the mortgaged premises sold to satisfy said indebtedness; and that the option to waive or not waive appraisement of said premises will be exercised at the time of foreclosure judgment. 6. That there is due and owing on said note and purchase money mortgage the principal sum of $104,076.31, plus interest from and after September 1, 2019, until paid, together with a reasonable attorney's fee, all advances for taxes, insurance premiums, property preservation expenses, and costs of this action. 7. That the following defendant(s) may claim an interest in the subject property, the exact nature of which is unknown except as hereinafter stated, but that any such interest is junior and inferior to the first mortgage lien of the Plaintiff, to-wit: John Doe, occupant, by reason of occupancy, or otherwise. Discover Bank by reason of that certain judgment rendered in case number CJ-2019-25, as recorded in book 2551, page 678, records of said county and state, which is incorporated herein by reference, or otherwise. Unknown Successor Trustees, Beneficiaries and Assigns of The Joe Riley Fuller and Sandra Ann Fuller Living Trust, whose exact interest, if any, is unknown. WHEREFORE, Plaintiff prays that it recover a judgment against the defendant(s), Michael Dennis O'Brien and Jan Marie O'Brien, in the principal sum of $104,076.31, plus interest from and after September 1, 2019, until paid, together with a reasonable attorney's fee, all advances for taxes, insurance premiums, property preservation expenses, and costs of this action; that it further recover a judgment of foreclosure against all defendants decreeing its purchase money mortgage to be a valid and subsisting first lien on the real estate herein described for the full amount of the judgment; that said purchase money mortgage be foreclosed, and that said property be sold at sheriff's sale to satisfy the indebtedness secured thereby; that all defendants, and each of them, and all those claiming by, through or under them since the commencement of this action, be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, or estate in or to the said premises; and that it recover such other and further relief as may be just and equitable. SHAPIRO & CEJDA, LLC By: Kristan A. Bolding Kirk J. Cejda #12241 Lesli Peterson #14177 Ken Hemry #4073 Lyna L. Mitchell #30177 Kristan A. Bolding #22498 770 NE 63rd St Oklahoma City, OK 73105-6431 (405) 848-1819 Attorneys for Plaintiff File no. 20-136350 NOTE (Fixed Rate) 1170 NW 1ST STREET NEWCASTLE, OK 73065 (Property Address) 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means FIRST AMERICAN MORTGAGE, INC. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred TwentyFour Thousand Six Hundred NinetyFour DOLLARS and Zero CENTS Dollars (U.S. $ 124,694.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Three and One Half percent ( 3.500 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument". That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on November 1, 2012 . Any principal and interest remaining on the first day of October 1 , 2042 , will be due on that date, which is called the maturity date. (B) Place Payment shall be made at 1029 E VANDAMENT AVE YUKON, OK 73099 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 559.93 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box.] [ ] Graduated Payment Allonge [ ] Growing Equity Allonge [ ] Other [Specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four Point Zero percent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorney's fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. MICHAEL DENNIS O'BRIEN (Seal) (Seal) -Borrower -Borrower JAN MARIE O'BRIEN (Seal) (Seal) -Borrower -Borrower WRIT WITHOUT RECOBBE PAY TO THE ORDER OF: AMERICAN SOUTHWEST MORTGAGE CORP. BY: Dale S. Bogle, President, First American Mortgage, Inc. MULTISTATE - FHA Fixed Rate Note Form 99000 1/96 Laser Forms Inc. (800) 446-3555 LFI#FHA99000 2/02 Pay to the order of WELLS FARGO BANK, NA Without Recourse American Southwest Mortgage Corp. By: ____________________________ Richard Carrington President Jim Miller Exec Vice Pres Ann Harty Vice President Laura Thomas Vice President Pay to the Order of ______________________________ Without Recourse Wells Fargo Bank, NA By ____________________________ Mary A. Seamans Vice President Rec & Ret to American Eagle Title Group 410 N Walnut, Suite 100 Oklahoma City, OK 73104 When Recorded Return To AMERICAN SOUTHWEST MORTGAGE 5900 MOSTELLER DRIVE #10 OKLAHOMA CITY, OK 73112 MORTGAGE THIS MORTGAGE ("Security Instrument") is given on September 17, 2012 The mortgagor is MICHAEL DENNIS O'BRIEN & JAN MARIE O'BRIEN, husband and wife whose address is 3515 NW 25TH ST NEWCASTLE, OK 73065 ("Borrower") This Security Instrument is given to Mortgage Electronic Registration Systems, Inc ("MERS") MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns MERS is the mortgagee under this Security Instrument MERS is organized and existing under the laws of Delaware and has an address and telephone number of P O Box 2026 Flint, Michigan 48501-2026, tel (888) 679 MERS FIRST AMERICAN MORTGAGE, INC is organized and existing under the laws of OKLAHOMA and has an address of YUKON, OK 73099 1029 E VANDAMENT AVE "Borrower" owes Lender the principal sum of One Hundred TwentyFour Thousand Six Hundred NinetyFour DOLLARS and Zero CENTS Dollars (U S $ 124,694 00 ) This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note") which provides for monthly payments with the full debt if not paid earlier, due and payable on October 1, 2042 This Security Instrument secures to Lender (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note, (b) the payment of all other sums with interest, advanced under paragraph 7 to protect the security of this Security Instrument, and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note For this purpose Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in McClain County, Oklahoma LOT SIX (6) BLOCK ONE (1), REVISED PLAT OF BLOCKS 2 & 3, WALNUT GROVE ADDITION TO THE TOWN OF NEWCASTLE, MCCLAIN COUNTY, OKLAHOMA, ACCCORDING TO THE RECORDED PLAT THEREOF I HEREBY CERTIFY THAT I RECEIVED $124,694 AND ISSUED RECEIPT NO 432 IN PAYMENT OF MORTGAGE TAX ON THE WITHIN MORTGAGE DATED 9-20-12 MCCLAIN COUNTY TREASURER BY which has the address of 1170 NW 1ST STREET, NEWCASTLE [Street] [City] Oklahoma 73065 ("Property Address"), TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements appurtenances, and fixtures now or hereafter a part of the property All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property" Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument but, if necessary to comply with law or custom MERS (as nominee for Lender and Lender's successors and assigns) has the right to exercise any or all of those interests, including but not limited to, the right to foreclose and sell the Property, and to take any action required of Lender including, but not limited to releasing or canceling this Security Instrument BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and demands subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property UNIFORM COVENANTS Borrower and Lender covenant and agree as follows 1 Payment of Principal, Interest and Late Charge Borrower shall pay when due the principal of and interest on, the debt evidenced by the Note and late charges due under the Note 2 Monthly Payment of Taxes, Insurance and Other Charges Borrower shall include in each monthly payment together with the principal and interest as set forth in the Note and any late charges a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4 In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary in a reasonable amount to be determined by the Secretary Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds" Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974 12 U S C §2601 et seq and implementing regulations, 24 CFR Part 3500 as they may be amended from time to time ("RESPA") except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b) and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a) (b), and (c) 3 Application of Payments All payments under paragraphs 1 and 2 shall be applied by Lender as follows First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium, Second, to any taxes, special assessments leasehold payments or ground rents and fire flood and other hazard insurance premiums as required, Third to interest due under the Note, Fourth, to amortization of the principal of the Note, and Fifth, to late charges due under the Note 4 Fire, Flood and Other Hazard Insurance Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire for which Lender requires insurance This insurance shall be maintained in the amounts and for the periods that Lender requires Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary All insurance shall be carried with companies approved by Lender The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to Lender In the event of loss, Borrower shall give Lender immediate notice by mail Lender may make proof of loss if not made promptly by Borrower Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly All or any part of the insurance proceeds may be applied by Lender, at its option either (a) to the reduction of the indebtedness under the Note and this Security Instrument first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2 or change the amount of such payments Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser 5 Occupancy, Preservation, Maintenance and Protection of the Property, Borrower's Loan Application, Leaseholds Borrower shall occupy, establish and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines this requirement will cause undue hardship for Borrower or unless extenuating circumstances exist which are beyond Borrower's control Borrower shall notify Lender of any extenuating circumstances Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate reasonable wear and tear excepted Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default Lender may take reasonable action to protect and preserve such vacant or abandoned Property Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence If this Security Instrument is on a leasehold Borrower shall comply with the provisions of the lease If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing 6 Condemnation The proceeds of any award or claim for damages, direct or consequential in connection with any condemnation or other taking of any part of the Property or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto 7 Charges to Borrower and Protection of Lender's Rights in the Property Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2 Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender’s interest in the Property, upon Lender’s request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument or there is a legal proceeding that may significantly affect Lender’s rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations) then Lender may do and pay whatever is necessary to protect the value of the Property and Lender’s rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate and at the option of Lender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by or defends against enforcement of the lien in legal proceedings which in the Lender’s opinion operate to prevent the enforcement of the lien or (c) secures from the holder of the lien an agreement satisfactory to the Lender subordinating the lien to this Security instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument Lender may give Borrower a notice identifying the lien Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice 8 Fees Lender may collect fees and charges authorized by the Secretary 9 Grounds for Acceleration of Debt (a) Default Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument (b) Sale Without Credit Approval Lender shall, if permitted by applicable law (including section 341(d) of the Garn-St German Depository Institutions Act of 1982 12 U S C 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all the sums secured by this Security Instrument if (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary (c) No Waiver If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events (d) Regulations of HUD Secretary In many circumstances regulations issued by the Secretary will limit Lender’s rights in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within from the date hereof, Lender may at its option require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to from the date hereof, declining to insure this Security Instrument and the Note shall be deemed conclusive proof of such ineligible. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender’s failure to remit a mortgage insurance premium to the Secretary 10 Reinstatement Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if (1) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11 Borrower Not Released, Forbearance By Lender Not a Waiver Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12 Successors and Assigns Bound, Joint and Several Liability, Co-signers The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument (b) is not personally obligated to pay the sums secured by this Security Instrument and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13 Notices Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14 Governing Law, Severability This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15 Borrower's Copy Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16 Hazardous Substances Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows 17 Assignment of Rents Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower This assignment of rents constitutes an absolute assignment and not an assignment for additional security only If Lender gives notice of breach to Borrower (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only to be applied to the sums secured by the Security Instrument (b) Lender shall be entitled to collect and receive all of the rents of the Property, and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17 Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower However Lender or a judicially appointed receiver may do so at any time there is a breach Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full 18 Foreclosure Procedure If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorney's fees and costs of title evidence If Lender invokes the power of sale, Lender shall give notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by applicable law Lender or its designee may purchase the Property at any sale The proceeds of the sale shall be applied in the following order (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees, (b) to all sums secured by this Security Instrument, and (c) any excess to the clerk of the circuit court of the county in which the sale is held If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9 the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U S C 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law 19 Release Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument Borrower shall pay any recordation costs unless Applicable Law provides otherwise Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law 20 Waiver of Appraisement Appraisal of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure 21 Assumption Fee If there is an assumption of this loan, Lender may charge an assumption fee of US $ 500 22 Notice of Power of Sale A power of sale has been granted to this Security Instrument A power of sale may allow the Lender to take the Property and sell it without going to court in a foreclosure action upon default by Borrower under this Security Instrument Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument [Check applicable box(es)] ☐ Condominium Rider ☐ Growing Equity Rider ☐ Graduated Payment Rider ☐ Planned Unit Development Rider ☐ Other [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it Witnesses ______________________________ _______________________________ (Seal) MICHAEL DENNIS O BRIEN Borrower ______________________________ _______________________________ (Seal) JAN MARIE O BRIEN Borrower ______________________________ _______________________________ (Seal) Borrower ______________________________ _______________________________ (Seal) Borrower ______________________________ _______________________________ [Space Below This Line For Acknowledgment] STATE OF OKLAHOMA, Cleveland County ss The foregoing instrument was acknowledged before me this 17th day of September, 2012 by MICHAEL DENNIS O BRIEN & JAN MARIE O BRIEN, husband and wife (date) My commission expires 8-18-13 (person acknowledging) CAROL A CAEN Notary Public CORPORATE ASSIGNMENT OF MORTGAGE Mcclain, Oklahoma "O'BRIEN" Date of Assignment: December 17th, 2019 Assignor: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIRST AMERICAN MORTGAGE, INCORPORATED, ITS SUCCESSORS AND ASSIGNS at P.O. BOX 2026, FLINT, MI 48501-2026 Assignee: WELLS FARGO BANK N.A. at 1 HOME CAMPUS, DES MOINES, IA 50328 Executed By: MICHAEL DENNIS O'BRIEN & JAN MARIE O'BRIEN, HUSBAND AND WIFE To: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIRST AMERICAN MORTGAGE, INCORPORATED, ITS SUCCESSORS AND ASSIGNS Date of Mortgage: 09/17/2012 Recorded: 09/20/2012 in Book/Reel/Liber: 2074 Page/Folio: 346 as Instrument No.: I-2012-010389 In the County of McClain, State of Oklahoma. Property Address: 1170 NW 1ST STREET, NEWCASTLE, OK 73065 Legal: LOT SIX (6) BLOCK ONE (1), REVISED PLAT OF BLOCKS 2 & 3, WALNUT GROVE ADDITION TO THE TOWN OF NEWCASTLE, MCCLAIN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF KNOW ALL MEN BY THESE PRESENTS, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the said Assignor hereby assigns unto the above-named Assignee, the said Mortgage having an original principal sum of $124,694.00 with interest, secured thereby, and the full benefit of all the powers and of all the covenants and provisos therein contained, and the said Assignor hereby grants and conveys unto the said Assignee, the Assignor's interest under the Mortgage. TO HAVE AND TO HOLD the said Mortgage, and the said property unto the said Assignee forever, subject to the terms contained in said Mortgage. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIRST AMERICAN MORTGAGE, INCORPORATED, ITS SUCCESSORS AND ASSIGNS On 12-17-19 By: Michelle Erin Wihren Vice President STATE OF Minnesota COUNTY OF Dakota This instrument was acknowledged before me, John Kealy, a Notary Public, on 12-17-19 by Michelle Erin Wihren as Vice President of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIRST AMERICAN MORTGAGE, INCORPORATED, ITS SUCCESSORS AND ASSIGNS. WITNESS my hand and official seal. John Kealy Notary Expires: 1/31/2022 JOHN KEALY NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01/31/2022 (This area for notarial seal) PREPARED BY: WELLS FARGO BANK, N.A. EXHIBIT "3"