IN THE DISTRICT COURT OF BECKHAM COUNTY STATE OF OKLAHOMA
SECURITY STATE BANK,
Plaintiff,
v.
BENJAMIN KIDD, a/k/a BENJAMIN DALAIN KIDD; SUN LOAN COMPANY, a/k/a SUN LOAN CO.; BOARD OF COUNTY COMMISSIONERS OF BECKHAM COUNTY, STATE OF OKLAHOMA and TREASURER OF BECKHAM COUNTY, STATE OF OKLAHOMA,
Defendants.
PETITION FOR FORECLOSURE
COMES NOW the Plaintiff, Security State Bank, and for its cause of action against the Defendants, alleges and states:
1. Security State Bank is an Oklahoma state bank.
2. This Court has both jurisdiction and venue for this cause of action.
3. Defendant, Benjamin Kidd, a/k/a Benjamin Dalain Kidd, a single person (hereafter “Kidd”), for good and valuable consideration has made, executed and delivered to Security State Bank a certain Promissory Note and Amendment to Note, to wit:
Promissory Note dated August 24, 2018 in the principal amount of $27,609.72, with a maturity date of August 28, 2023; and an Amendment to Note dated July 1, 2024, extending the maturity date of the Note to July 15, 2029 and changing the interest rate. A true and correct copy of the Promissory Note and Amendment to Note (collectively referred to as the “Note”) are attached hereto, incorporated herein and made a part hereof by reference thereto as Exhibit “A”.
4. That as part and parcel of the transactions listed in paragraph three (3) and to secure the payment of the Note, and the indebtedness represented thereby, Defendant, Kidd, made, executed and delivered to Security State Bank, a Real Estate Mortgage With Power of
Sale and a Modification of Mortgage (collectively referred to as “Mortgage”) encumbering the following property, to wit:
Lots 14, 15, 16, and 17, in Block 8 of the Original Town of Erick, Beckham County, Oklahoma; less and except all of the oil, gas, and other minerals.
Property Address: 320 N. Magnolia, Erick Oklahoma 73645 (hereafter “Property”) with all the buildings and other improvements located or constructed on the real estate, all fixtures, personal property used on or in, and appurtenances to the real estate. That the Mortgage was duly executed and acknowledged according to law, the mortgage taxes duly paid thereon, and the mortgage and modification of mortgage were filed of record in the office of the County Clerk of Beckham County by endorsements thereon and the record thereof, is incorporated herein by reference thereto as provided by law, as follows:
a) REAL ESTATE MORTGAGE WITH POWER OF SALE, filed of record on September 20, 2018, in the office of the County Clerk, Beckham County, Oklahoma, Book 2291, at Pages 928 and 929.
b) MODIFICATION OF MORTGAGE, filed of record on August 21, 2024, in the office of the County Clerk, Beckham County, Oklahoma, Book 2434, at Pages 614 and 615.
5. That the Note and Mortgage provide that if default be made in the payment of any installment(s) or the failure or neglect of the Borrower to keep or perform any of the other conditions and covenants of the Mortgage and Note, then the entire principal sum and accrued interest, together with all other sums secured by the Mortgage, shall at once become due and payable, without further notice or demand at the option of the holder thereof.
6. That the Defendant, Kidd, is in default and that after allowing all just credits, there is, as of March 17, 2026, due, owing and unpaid on the Note the amount of $16,154.06, together with interest at the rate of 7.74% per annum and late charges, until paid, as provided for
in the Note, and Plaintiff, as the owner and holder of the Note, has elected to declare the entire balance due and payable. Plaintiff has demanded the payment of the same but Kidd has failed, refused and neglected to pay such amounts due.
7. Plaintiff further states that by reason of the default of Defendant, Kidd, the conditions of the Note and Mortgage have been broken; that the whole amount of the indebtedness thereby secured has matured and is now due and payable, together with interest and late charges thereon. By reason of the default, Plaintiff has been required to pay abstracting charges and will be required to pay other title search expenses during the pendency of this action, and Plaintiff as provided in the Note and Mortgage, is entitled to reimbursement for these costs, the costs of preservation, and the cost of this suit and of collection, including a reasonable attorney’s fee.
8. That the Mortgage specifically provides that appraisement of the mortgaged Property is waived at the option of the Mortgagee.
9. Plaintiff states that any right, title or interest claimed by Defendants, Treasurer of Beckham County, State of Oklahoma; and the Board of County Commissioners of Beckham County, State of Oklahoma, is subordinate and inferior to the mortgage lien claimed by Plaintiff, except for unpaid ad valorem taxes and special assessments, if any, and that Defendants, Treasurer of Beckham County, State of Oklahoma; and the Board of County Commissioners of Beckahm County, State of Oklahoma, be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the lands involved in this action or be forever barred from claiming any right in and to the real estate.
10. That Defendant, Sun Loan Company, a/k/a Sun Loan Co., may claim an interest in the mortgaged Property based on an Oklahoma judgment entered on or about December 3, 2025, by the Beckham County Court Clerk in Case No. SC-2025-255, and said Defendant should appear herein if claiming any interest in the mortgaged Property.
11. That the interest, if any, of each Defendant is subject and inferior to Plaintiff’s Mortgage thereon, except for unpaid ad valorem taxes and special assessments; and all persons, firms and organizations having claims against the Property hold same subject and inferior to Plaintiff’s Mortgage thereon; and Plaintiff’s mortgage lien should be foreclosed against each Defendant.
WHEREFORE, premises considered, the Plaintiff, Security State Bank, prays for judgement in rem against Defendants, and each of them, and for judgment in personam against Defendant, Benjamin Kidd, a/k/a Benjamin Dalain Kidd, for the sum of $16,154.06, with interest at the rate of 7.74% per annum and late fees accrued and accruing from the 17th day of March, 2026, until paid and all other unreimbursed costs paid by Plaintiff, any other amounts that Plaintiff has been or may be required to advance for payment of taxes, insurance or preservation of the mortgaged Property, including, but not limited to, reasonable attorney’s fees, and all costs of this action, accrued and accruing; and
That all the Defendants be required to appear herein and set forth any right, title, claim or interest that they have, or may have, in and to the mortgaged Property or any part thereof; and
That all right, title and interest of the Defendants, if any, in and to the mortgaged Property be adjudged subject, junior and inferior to the Mortgage, lien and judgment of the Plaintiff, and that upon confirmation of sale of the mortgaged Property herein, the Defendants, and all persons claiming by, through or under them since the commencement of this action be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to the mortgaged Property, or any part thereof; and
That the Plaintiff's Mortgage be foreclosed, and that the same be declared a valid prior and superior lien upon the mortgaged Property herein above described, for and in the amount set forth above, and ordering the mortgaged Property sold, with or without appraisement, as Plaintiff may elect, subject to real estate ad valorem taxes and special assessments, if any, to satisfy the judgment and that the proceeds arising therefrom be applied to the payment of the costs herein, and the payment and satisfaction of the judgment, Mortgage and lien of the Plaintiff, and that the surplus, if any, be paid into Court to abide further order of the Court; and that the Plaintiff have such other and further relief as this Court may deem just and equitable.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THE CREDITOR/PLAINTIFF HAS EMPLOYED THE BELOW LAW FIRM WHO IS A "DEBT COLLECTOR" AS DEFINED BY LAW TO COLLECT THE AMOUNT OF THE DEBT, TOGETHER WITH ANY OTHER COSTS AND EXPENSES ALLOWED UNDER THE NOTE AND AGREEMENT. PURSUANT TO TITLE 15 U.S.C.A. §1692(G), FAIR DEBT COLLECTION PRACTICES ACT, IF APPLICABLE, UNLESS THE PERSONS OR ENTITY RESPONSIBLE FOR THE PAYMENT OF THE ABOVE DEBT, WITHIN THIRTY DAYS AFTER RECEIPT OF THIS NOTICE, DISPUTES THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, THE DEBT WILL BE ASSUMED TO BE VALID; AND IF SAID PERSONS OR ENTITY NOTIFIES THE UNDERSIGNED ATTORNEY FOR PLAINTIFF IN WRITING WITHIN THE THIRTY-DAY PERIOD THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, THE ATTORNEY WILL OBTAIN VERIFICATION OF THE DEBT AND A COPY OF SUCH VERIFICATION WILL BE MAILED TO THE PERSON OR ENTITY BY THE UNDERSIGNED ATTORNEY FOR PLAINTIFF; AND UPON WRITTEN REQUEST BY YOU WITHIN THE THIRTY-DAY PERIOD, UNDERSIGNED ATTORNEY FOR PLAINTIFF WILL PROVIDE THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR.
Matt Wheatley, OBA #14128
Wheatley & Segler, LLC
P. O. Box 850126
Yukon, Oklahoma 73085
Phone: (405) 354-5276
Fax: (405) 350-0537
[email protected]
Attorney for Plaintiff, Security State Bank
DCN: 6548A437TDFCF480AA9B3115FB3D9C0
PRÖMISSORY NOTE - Real Estate/Consumer
DEBTOR'S NAME(S) Benjamin Kidd
DEBTOR'S ADDRESS 123 W First St
Erick, OK 73645
LENDER'S NAME Security State Bank
LENDER'S ADDRESS PO Box 470 Cheyenne, OK 73628
Maturity Date 08/28/2023
Principal Amount $27,609.72
Rate Per Annun 6.7500
Present Index Rate -
Variable Interest Rate Index -
Effective Date of Rate Change SAME DATE INDEX RATE CHANGES AND ON SAME DAY THEREAFTER
Initial Per Annun Rate -
Maximum per annum interest rate change
Minimum Annual Percentage Rate -
Maximum Annual Percentage Rate -
Discount or Premium Rate INITIAL INTEREST RATE PER ANNUM IN EFFECT FOR PAYMENTS
Interest Rate after Initial Interest Rate Term
Fixed Interest Rate Variable Interest Rate Index
MARGIN OVER/UNDER INDEX -
Purpose of Loan Purchase Residential 1-4
RE-320 N Magnolia, Erick, OK 73645
PAYMENT TERMS:
This loan is due on demand or in absence of demand, payable as described below.
<table>
<tr>
<th>NUMBER OF PAYMENTS</th>
<th>AMOUNT OF PAYMENTS</th>
<th>DATE OF PAYMENTS</th>
</tr>
<tr>
<td>59</td>
<td>$317.34</td>
<td>monthly beginning 09/28/2018.</td>
</tr>
<tr>
<td>1</td>
<td>$16,435.93</td>
<td>will be due at maturity 08/28/2023.</td>
</tr>
</table>
PROMISE TO PAY. For value received, the undersigned Debtor, whether one or more, and jointly and severally if more than one, agrees to the terms of this Note and promises to pay to the order of the Lender named above at its place of business as indicated in this Note or such other place as may be designated in writing by Lender, the Principal Amount of this Note and any accrued and unpaid Finance Charges, together with interest on unpaid Principal Amount until Maturity at the per annum interest rates(s) stated above and according to the payment terms stated above. Depending on the box checked above, interest on this Note is calculated either on the assumption that every year has 360 days and every month has 30 days (30/360) or on the actual number of days elapsed on a basis on a 360 day year (Actual/360) or a 365 day year (Actual/365). If the Right to Cancel applies to this transaction, Lender may accrue Finance Charges during the delay period. All prepaid Finance Charges are earned when imposed and are not subject to rebate on prepayments of Note. For purposes of computing interest and determining the date principal and interest payments are received, all payments will be deemed made only when received in collected funds. Payments are applied first to accrued and unpaid interest and other charges, and then to payment of the unpaid principal balance. In this Note, “Debtor” includes any party liable under this Note, including endorsers, co-makers, guarantors and otherwise, and “Lender” includes all subsequent holders.
VARIABLE RATE. If this is a Variable Rate transaction as indicated above, the interest rate shall vary from time to time with changes (whether increases or decreases) in the Index Rate shown above. The rate on this Note will be the Index Rate plus a Margin, if any, as indicated above. Each change will become effective on the same date the Index Rate changes unless a different effective date is indicated above. If the Index Rate is Lender’s base or prime rate, it is determined by Lender in sole discretion, primarily on a basis of its cost of funds, is not necessarily the lowest rate Lender is charging its customers, and is not necessarily a published rate. In no event shall the rate be below the Minimum Rate or above the Maximum Rate shown above or change in any monthly period more than shown above. Except as otherwise stated above, no restrictions exist on changes in the Index or interest rate. The rate will not exceed the maximum rate allowed by law or the rate set forth above, whichever is less, either before or after Maturity. If the initial interest rate is a Discount Rate, it is effective only until the termination date shown for such Discount Rate. The termination date of the Discount Rate will be considered an effective date of rate change at which time the rate will be determined according to the Index and Margin described above and according to the dates specified for effective dates of rate changes.
ALL PARTIES PRINCIPALS. All Debtors shall each be regarded as a principal and each Debtor agrees that any party to this Note, with Lender’s approval and without notice to any other party, may from time to time renew this Note or consent to one or more extensions or deferrals of the Maturity Date for any term(s) or to any other modification(s), and all Debtors shall be liable in same manner as on the original note.
ADVANCES. If the Fully Advanced box is checked, then the Debtor acknowledges that the entire Principal Amount has been advanced to the Debtor or for Debtor’s account or benefit. If the Multiple Advances box is checked, then the Debtor understands that the Lender will disburse the proceeds of this Note in increments, up to the Principal Amount, but that even if the Debtor prepays, the Debtor has no right to reborrow any amounts disbursed. The balance that the Debtor owes under this Note is the aggregate of all such disbursements, less any payments of principal made on this Note. Interest will accrue on the actual amount of principal disbursed and outstanding from time to time. Any loans or advances the Lender makes to the Debtor or for the Debtor’s account or benefit are presumed to be made under the terms of this Note. The Lender may make advances under this Note at the oral or written request of the Debtor or any person designated or authorized in writing by the Debtor until the Debtor revokes such designation or authorization in writing received by the Lender, provided that the Lender has the right, but is not obligated, to require written authorization from the Debtor prior to honoring any oral request. Unless otherwise agreed in writing, Lender has not made a commitment to make any advances and has sole discretion to make, or not make, each advance under this Note.
PREPAYMENT. Debtor shall have the right to prepay all or any part of the principal due under this Note at any time, subject to the following conditions: (a) all interest must be paid through the date of any prepayment; (b) if this Note provides for monthly or other periodic payments, there will be no changes in the due dates or amounts following any partial prepayments unless Lender agrees to such changes in writing; and (c) upon prepayment, in whole or in part, Lender may charge and Debtor agrees to pay a fee or premium calculated as follows (this fee/premium provision will not apply if prohibited by applicable law):
LENDER'S SIGNATURE(S)
BY:
Joshua Moore, Loan Officer
By:
(Lender signatures optional)
DEBTOR(S) SIGNATURE(S)
Benjamin Kidd
ADDITIONAL PROVISIONS
LATE PAYMENTS: When permitted by law, any principal and/or interest amount not paid within __10__ calendar days after the due date will be assessed the ________ of ___15.00____ or ________% of the amount past due, as a late charge fee, with a minimum fee of __15.00__. After the maturity date, Lender may at its sole discretion accrue interest on the unpaid balance [X] at the same interest rate and method effective before maturity [ ] at a rate equal to ____________________________. ("Default Rate"). In no event shall the interest rate and related charges either before or after maturity be greater than permitted by law.
COLLATERAL: This Note is secured by real property and/or a dwelling, and the debt evidenced by this Note and all other obligations of Debtor(s) to Lender, including renewals and extensions, are secured by all collateral securing this Note and by all other security interests and mortgages previously or later granted to Lender or by security interests located in security agreements, mortgages and other securing documentation, and by all money, deposits and other property owned by any debtor and in Lender's possession or control, except when the acquisition of a security interest would violate any law or right of rescission, in which case the security interest is waived to that extent.
ACCELERATION: At option of Lender, the unpaid balance of this Note and all other obligations of Debtor(s) to Lender, whether direct or indirect, absolute or contingent, now existing or later arising, shall become immediately due and payable without notice or demand, upon or after the occurrence or existence of any of the following events or conditions: (a) any payment required by this Note or by any other note or obligation of Debtor to Lender or to others is not made when due, or any event or condition occurs or exists which results in acceleration of the maturity of any Debtor's obligation to Lender or to others under any promissory note, agreement or undertaking; (b) Debtor defaults in performing any covenant, obligation, warranty or provision contained in any loan agreement or in any instrument or document securing or relating to this Note or any other note or obligation of Debtor to Lender or to others; (c) any warranty, representation, financial information or statement made or furnished to Lender by or on behalf of Debtor proves to have been false in any material respect when made or furnished; (d) any levy, seizure, garnishment or attachment is made against any asset of any Debtor; (e) Lender determines, at any time and in Lender's sole discretion, that the prospect of payment of this Note is impaired; (f) whenever, in Lender's sole judgment, the collateral for the debt evidenced by this Note becomes unsatisfactory or insufficient either in character or value and, upon request, Debtor fails to provide additional collateral as required by Lender; (g) all or any part of the collateral for the debt evidenced by this Note is lost, stolen, substantially damaged or destroyed; (h) any Debtor dies or becomes incompetent; or (i) a receiver is appointed over all or part of any Debtor's property, or any Debtor makes an assignment for the benefit of creditors, files for relief under any bankruptcy or insolvency laws, or becomes subject to an involuntary proceeding under such laws.
RIGHT OF OFFSET: Except as otherwise restricted by law, any indebtedness due from Lender to Debtor, including, without limitation, any deposit or credit balances due from Lender, is pledged to secure payment of this Note and any other obligation to Lender of Debtor, and may at any time while the whole or any part of such obligation(s) remains unpaid, either before or after Maturity of this Note, be set off, appropriated, held or applied toward the payment of this Note or any other obligation to Lender by any Debtor.
OTHER PROVISIONS: (1) No waiver by Lender of any payment or other right under this Note or any related agreement or documentation shall operate as a waiver of any other payment or right. All Debtors waive presentation, notice of acceleration, notice of dishonesty and protest and consent to substitutions, releases and failure to perfect as to collateral and to additions or releases of any Debtor. (2) This Note and the obligations evidenced by it are to be construed and governed by the laws of the state indicated in Lender's address shown in this Note. (3) All Debtors agree to pay costs of collection, including, as allowed by law, an attorney's fee equal to a minimum of 15% of all sums due upon default or such other maximum fee as allowed by law. (4) All parties signing below acknowledge receiving a completed copy of this Note and related documents, which contain the complete and entire agreement between Lender and any party liable for payment under this Note. No variation, condition, modification, change or amendment to this Note or related documents shall be binding unless in writing and signed by all parties. No legal relationship is created by the execution of this Note and related documents except that of debtor and creditor or as stated in writing.
SUPPLEMENTAL TERMS OR PROVISIONS:
Loan Originator's Name (print or type): Joshua Haven, Loan Officer
Loan Originator Identifier: 1688584
Loan Originator's Phone Number (including area code): 580-497-3354
Loan Origination Company's Name: Security State Bank
Loan Origination Company Identifier: 418522
Loan Origination Company's Address: PO Box 470 Cheyenne, OK 73628
20150625
AMENDMENT TO NOTE
DEBTOR'S NAME(S)
Benjamin Kidd
LENDER'S NAME:
Security State Bank
PO Box 1174, Cheyenne, OK 73628
PO Box 470, Cheyenne, OK 73628
DATE OF AGREEMENT
07/01/2024
THIS AMENDMENT TO NOTE (This "Amendment") is given to the above named Lender by the above named Debtor as an amendment to the promissory note as described below.
<table>
<tr>
<th>Date of Note</th>
<th>Maturity Date</th>
<th>Loan Amount</th>
<th>Initial Interest Rate</th>
<th>Officer</th>
</tr>
<tr>
<td>08/24/2018</td>
<td>07/01/2024</td>
<td>$27,609.72</td>
<td>6.75</td>
<td>LK.</td>
</tr>
</table>
RECITALS:
1. The Debtor and Lender have agreed to certain amendments to the Note; and
2. The Note is: ☐ Unsecured ☒ Secured by the following property (the "Property"):
THE SURFACE AND SURFACE RIGHTS ONLY OF Lots 14, 15, 16, and 17, in Block 8 of the Original Town of Erick, Beckham County, Oklahoma.
AMENDMENT(S):
In consideration of the mutual covenants and agreements contained in this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Lender and Debtor agree as follows:
1. Amendments. The Debtor and Lender hereby amend the Note as follows:
The maturity date of the mortgage is extended to 07/15/2029. Interest Rate is changed to 7.74%. Principal and interest payments are $391.77 a month. This Amount does not included your escrow.
2. Continued Validity of the Note and Security Instrument. This Amendment is an amendment to the Note and the indebtedness of the Debtor evidenced by the Note is a continuing and valid Indebtedness of the Debtor to the Lender. Except as amended in this Amendment, all provisions of the Note remain in full force and effect. Except as expressly provided in this Amendment, nothing contained in this Amendment shall be interpreted to mean that any portion of the unpaid outstanding balance of the Note is paid and nothing contained in this Amendment shall be interpreted to release or terminate the security interest of the Security Instrument or any other mortgage, security interest or other encumbrance securing payment of the Note.
LENDER'S SIGNATURE:
By:
Joshua Haven, Vice President
All terms of this Amendment are agreed to by the undersigned.
Benjamin Kidd
