THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. v. JUDY A. BAKER

IN THE DISTRICT COURT WITHIN AND FOR OKLAHOMA COUNTY STATE OF OKLAHOMA THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., FKA THE BANK OF NEW YORK TRUST COMPANY, N.A., AS TRUSTEE FOR GMACM HOME EQUITY LOAN TRUST 2006-HE5, Plaintiff, vs. JUDY A. BAKER; SPOUSE, IF ANY, OF JUDY A. BAKER; OCCUPANT(S) OF THE PREMISES; UNITED STATES OF AMERICA, EX REL., DEPARTMENT OF JUSTICE; Defendants. FILED IN DISTRICT COURT OKLAHOMA COUNTY FEB 20 2020 RICK WARREN COURT CLERK 102 CASE NO. CJ - 2020 - 1028 Judge: PETITION COMES NOW The Bank of New York Mellon Trust Company, N.A., fka The Bank of New York Trust Company, N.A., as Trustee for GMACM Home Equity Loan Trust 2006-HE5, (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 Judy A Baker (herein: "Borrower"), a single person, is obligated on a certain promissory note and mortgage described below. 3. Borrower, for good and valuable consideration, made, executed and delivered to GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 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 November 8, 2006; b. The Note is made in the amount of $53,300.00; c. The Note establishes an annual fixed interest rate of 9.375%; d. The Notes establishes 300 monthly payments of $461.06, beginning on December 14, 2006; and e. 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, Borrower made, executed, and delivered to Mortgage Electronic Registration Systems, Inc., solely as nominee for GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, 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 5, Block 4, PARKVIEW ESTATES in Del City, Oklahoma County, Oklahoma, according to the recorded plat thereof. (herein: "Property"). A true and correct copy of the Mortgage is attached as Exhibit "B." a. The Mortgage is dated November 8, 2006; b. The signatory of the Mortgage is Judy A. Baker, a single person; and c. The Mortgage was recorded in the Oklahoma County Clerk's Office at Book 10418 and Page 1491, on March 15, 2007. 5. In addition to the Note and Mortgage described above, Borrower received and executed a Loan Modification. A true and correct copy of the Loan Modification is attached as an addendum to the Mortgage at Ex. B. 6. As of December 14, 2017, the Loan Modification establishes: a. A new unpaid principal balance of $47,822.84; b. A new interest rate of 8.375%; and c. Monthly payments of $485.85, beginning on December 14, 2007. 7. By virtue of Quit Claim Deed, Borrower is the present record owner of the subject Property. The Quit Claim Deed is recorded with the Oklahoma County Clerk's Office at Book 10418 and Page 1489, on March 15, 2007. 8. The Borrower is obligated on the subject Note and has not been released from liability thereon. 9. 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. 10. Plaintiff is entitled to enforce the Note in accordance with OKLA. STAT. TIT. 12A, §3-301. 11. Plaintiff has complied with all the terms and conditions of the Note and Mortgage. 12. Borrower is in default. The default claimed is failure to make complaint payment, and the default date is April 14, 2019. The default has not been cured by any available means. 13. The Note and Mortgage provide that if default is made as to any of the terms of the Note and Mortgage by Borrower, or if Borrower fails 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. 14. Plaintiff has made demand and has accelerated this loan in accordance with the Note, Mortgage, and applicable law. 15. 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. 16. The Note and Mortgage provide that the attorney fees incurred by Plaintiff in the enforcement of the Note and Mortgage are the responsibility of Borrower and constitute a further lien on the Property secured by the Mortgage. 17. After consideration of all credits to this loan account, Plaintiff is due the sum of $44,787.70 in unpaid principal balance, with 8.375% interest per annum thereon, or as adjusted by the Note and Mortgage, from March 14, 2019, 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. 18. Borrower may claim some right, title, lien, estate, encumbrance, claim, assessment, or other interest in the Property by virtue of a possible homestead interest which she may have or claim to have in the Property. 19. With respect to the additional defendants, Plaintiff alleges as follows: a. Additional defendant, Spouse, if any, of Judy A. Baker, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of any possible homestead interest which they may have or claim to have in or to the Property. b. Additional defendant, United States of America, ex rel., Department of Justice, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of a Notice of Lien recorded at the Oklahoma Clerk's Office at Book 8858 and Page 1471, on May 20, 2003. c. Additional defendants, Occupant(s) 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 personam against Borrower in the amount of $44,787.70, with 8.375% interest per annum thereon, or as adjusted by the Note and Mortgage, from March 14, 2019, 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 Borrower, the Property, the Premises, and all other 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 Chad T. Hantak, OBA # 33651 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] Attorneys for Plaintiff THIS MAY BE AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. Date: November 8, 2006 PROMISSORY NOTE FEDERAL TRUTH IN LENDING DISCLOSURE STATEMENT Lender ("Note Holder"): GMAC Mortgage, LLC d/b/a GMAC Mortgage Corporation 200 Century Parkway, Mount Laurel, NJ 08054 Borrowers ("I, me, my, you, us"): Judy A. Baker Address: 4828 Park Vista, Oklahoma City, Oklahoma 73115 <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>AMOUNT FINANCED</th> <th>TOTAL OF PAYMENTS</th> </tr> <tr> <td>The cost of your credit as a yearly rate.<br>9.375 %</td> <td>The dollar amount the credit will cost you.<br>$85,018.00</td> <td>The amount of credit provided to you or on your behalf.<br>$53,300.00</td> <td>The amount you will have paid when you have made all the payments as scheduled.<br>$138,318.00</td> </tr> </table> Payment Schedule: <table> <tr> <th>Number of Payments:</th> <th>Amount of payments:</th> <th>Payments are due monthly beginning:</th> </tr> <tr> <td>300</td> <td>$461.06</td> <td>December 14th 2006</td> </tr> </table> SECURITY: You are giving us a security in the property located at: 4828 Park Vista, Oklahoma City, Oklahoma 73115 FILING FEES: $ 25.00 LATE CHARGE: If your payment is more than 0 days late, you will be charged a late charge equal to the lesser of 0.00% of the amount unpaid or $0.00. ASSUMPTION: Someone buying this property cannot assume the remainder of the mortgage on the original terms. PREPAYMENT: If you pay off your loan early, you: ☐ will ☒ will not have to pay a penalty. See your contract documents for any additional information about non-payment, default, any required payment in full before the scheduled date and prepayment refunds and penalties. "e" means estimate. INSURANCE: Homeowner's insurance or fire and extended coverage, is required as a condition of the loan. Also, if the property securing this loan is located in a flood area, you will be required to obtain flood insurance. You may obtain property insurance from anyone you want, provided the insurance is acceptable to the Note Holder. 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $53,300.00 (this amount will be called "principal"), plus interest, to the order of the Lender. The Lender is GMAC Mortgage, LLC d/b/a GMAC Mortgage Corporation. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". 2. INTEREST I will pay interest at a yearly rate of 9.375%. Interest will be charged on that part of principal which has not been paid. Interest will be charged on the unpaid principal balance from the date the funds are advanced until the full amount of principal has been paid. 3. PAYMENTS I will pay principal and interest by making payments as set forth above on the same day each month (if no such day exists in a given month then payment will be due on the last day of the month). I will make these payments every month until I have paid all of the principal and interest and any other charges described in this Note. If on November 14, 2031 I still owe amounts under this Note I will pay those amounts in full on that date. Interest is charged on a daily basis. The amount of daily interest is equal to the annual interest divided by 365 (366 in a leap year) times the outstanding principal balance. Borrower agrees that because interest is calculated on a daily basis, late payments will result in additional interest; early payments will result in less interest being charged. I will also pay on demand any other charges, described below, that I may owe under this Note. I will make my payment at 100 Witner Road, Horsham, PA 19044-0963 or at a different place if required by the Note Holder. If my payment is more than 10 days late the Note Holder will charge me a late charge equal to the lesser of 0.000% of the amount that is late or $0.00. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Notice from Note Holder If I do not pay the full amount of each monthly payment on time, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date I will be in default. That date must be at least 10 days after the date on which the notice is mailed to me or, if it is not mailed, 10 days after the date on which it is delivered to me. (B) Default If I do not pay the overdue amount by the date stated in the notice described in (A) above, I will be in default. If I am in default, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (C) Payment of Note Holder's Costs and Expenses If I fail to make my payment as required above, the Note Holder will have the right to be paid back for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees not to exceed 15% of the unpaid debt after default and referred to an attorney not employed by the Note Holder. NOTICE: This Promissory Note continues on the reverse side. OKLAHOMA-SECOND MORTGAGE-1/80-FNMA/FHLMC UNIFORM INSTRUMENT 5. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated November 8, 2006, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE AND APPLICATION OF PAYMENTS I have the right to make payments of principal at any time before my payment is due. Except as may be stated in any Addendum to this Note, I may make a full prepayment or a partial prepayment without paying any penalty. If I make a full or partial prepayment 15 days prior to the due date these payments will be applied first to late or other charges, then to principal. If I make a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. All other payments are applied first to interest due and owing, then to principal and finally to any late or other charges. 7. BORROWER'S WAIVERS To the extent permitted by applicable law, I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as "preacceleration"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note, or who signs this Note to transfer it to someone else also waives these rights. These persons are known as "guarantors, sureties and endorsers". 8. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by certified mail to the Note Holder at the address stated above. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE AND CREDIT INFORMATION If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to keep all of the promises made in this Note. To the extent authorized by law, I permit the Note Holder to disclose information about me and my performance under this Note: (i) on a regular basis to credit reporting agencies and affiliates of the Note Holder, or (ii) where the Note Holder reasonably believes disclosure is necessary to ensure my compliance with this Note and Mortgage. I authorize the Note Holder to obtain reports from others (such as employers, creditors, lenders and credit reporting agencies) from time to time bearing on my credit status. This permission applies to all of us if this is a loan signed by more than one Borrower. The Borrower agrees to fully cooperate in the correction and adjustment of any errors in the loan documents if deemed necessary or desirable by the Note Holder to comply with any law or regulation, or to meet the terms and conditions of the loan approval. 10. ARBITRATION I UNDERSTAND AND AGREE THIS NOTE PROVIDES THAT EXCEPT AS DETAILED IN THIS PARAGRAPH, ALL CLAIMS (AS DEFINED BELOW) WILL BE RESOLVED BY BINDING ARBITRATION. BY SIGNING THIS NOTE, THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO LITIGATE THE CLAIM IN COURT, PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION OR HAVE A JURY TRIAL FOR CLAIMS THAT ARE SUBJECT TO ARBITRATION. (A) AGREEMENT TO ARBITRATE CLAIMS. Any claim, dispute or controversy (collectively "Claim") between the Note Holder and me (except those listed below in Paragraph B below including but not limited to those arising out of this Note and/or Security Instrument (collectively "Credit Documents")), my application, advertisements, servicing and collection of this Note, any outstanding balance, insurance products or services, as well as any other disclosure or document related to the Credit Documents shall exclusively be resolved by BINDING ARBITRATION by an arbitrator of the American Arbitration Association ("AAA") in accordance with: (i) the Federal Arbitration Act; (ii) the Expedited Procedures of the Commercial Rules of the AAA and the AAA Supplementary Procedures for Consumer Related Disputes and (iii) this Paragraph. The term Claim shall be given the broadest possible meaning. The terms of this paragraph shall control any inconsistency between the arbitration rules and this Paragraph. I may obtain a copy of the arbitration rules by writing the AAA at American Arbitration Association, 335 Madison Avenue, 10th Floor, New York, NY 10017-4605. An action to compel arbitration may be brought at any time even after a Claim has been commenced or raised in a court of law or equity or the Note has been paid in full. At my written request the Note Holder will pay all my fees up to $1,000 for the AAA's cost of the arbitration of the Claim. If the cost of the AAA arbitration exceeds $1,000 the parties will share the excess cost equally unless otherwise ordered by the AAA because my costs in pursuing the arbitration would be prohibitive. Unless inconsistent with applicable law each party shall pay his/her own attorney, expert and witness fees and expenses. (B) CLAIMS EXCLUDED FROM JURISDICTION. The following actions shall not be subject to arbitration: any foreclosure action; any action to obtain possession of the property securing the Note; any action for prejudgment injunctive relief or appointment of receiver(s) unless for these actions an arbitrator can provide the relief that a court can provide. In addition, the Note Holder agrees that it will not require me to arbitrate an individual Claim brought against the Note Holder in small claims court or my state's equivalent court, if any; however, if that Claim is transferred or appealed to a different court, the Note Holder reserves the right to require arbitration under this paragraph. (C) JUDGMENT AND ADDITIONAL TERMS. Any arbitration award shall be final and may be entered as a judgment in any court having jurisdiction, except that if the amount in controversy exceeds $10,000 either party may appeal the arbitrator's award to a three-arbitrator panel of the AAA which shall reconsider de novo any aspect of the initial award. The costs of such appeal will be borne by the appealing party regardless of the outcome of the appeal. I agree that any arbitration proceeding will only consider my Claims. Claims by or on behalf of other borrowers, co-borrowers, co-signers, sureties or applicants will not be arbitrated in any proceeding that is considering my Claim. This Paragraph shall survive any termination of this Note or the Security Instrument including but not limited to repayments of amounts owed on this Note and an event of default. If this loan has been transferred to Fannie Mae or Freddie Mac this section shall be void. If any portion of this arbitration provision is deemed invalid or unenforceable, this shall invalidate the remaining portions of the arbitration provision but not the Credit Documents. NOTICE TO BORROWER Do not sign this loan agreement before you read it. This loan agreement may provide for the payment of a penalty if you wish to repay the loan prior to the date provided for the repayment in the loan agreement. PAY TO THE ORDER OF GMAC BANK WITHOUT REOURSE D Harkness D. HARKNESS LIMITED SIGNING OFFICER GMAC MORTGAGE, LLC #/a GMAC MORTGAGE CORPORATION PAY TO THE ORDER OF GMAC MORTGAGE, LLC, #/a GMAC MORTGAGE CORPORATION WITHOUT REOURSE D Harkness D. HARKNESS ASSISTANT SECRETARY GMAC BANK Judy A. Baker ________(Seal) Borrower's Signature __________________________ (Seal) PAY TO THE ORDER OF ________________________________ WITHOUT REOURSE D Harkness (Seal) Borrower's Signature __________________________ Borrower's Signature (Sign Original Only) D. HARKNESS LIMITED SIGNING OFFICER GMAC MORTGAGE, LLC #/a GMAC MORTGAGE CORPORATION TREASURER'S EXCHEQUER 53:30 I hereby certify that I received $53.30 for the above property of mortgage tax on the within mortgage. Dated this 15th day of June, 2007. FOR LESSEE: "BUTCH" FREEMAN, County Treasurer When recorded memo'd to: First American Title Insurance Lenders Advantage 1400 Superior Avenue, Suite 200 Cleveland, Ohio 44114 Att: NSS-MI Team SPACE ABOVE THIS LINE FOR RECORDER'S USE Closed End Loan No. * Branch No. * Loan Product MORTGAGE THIS MORTGAGE is made this 8th day of November, 2006, among the Trustor, Judy A. Baker whose address is 4828 Park Vista, Oklahoma City, Oklahoma 73115 (herein "Borrower"), and the Mortgagee, GMAC Mortgage, LLC, a Delaware limited liability company, f/k/a GMAC Mortgage Corporation, 100 Wimmer Road, Horsham, PA-19044-0963 (herein "Lender"), and the Mortgage Electronic Registration Systems, Inc.; P.O. Box 2026; Flint, MI-48501-2026 ("MERS") acting solely as nominee for Lender and Lender's successors and assigns under this Mortgage. WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $33,300.00 which indebtedness is evidenced by Borrower's Note dated November 8, 2006 and extensions and renewals thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of indebtedness, if not sooner paid, due and payable on November 14, 2031; TO SECURE the Note to Lender Borrower irrevocably mortgages, grants and conveys to MERS acting solely as a nominee for Lender and Lender's successors and assigns and also as mortgagee under this Mortgage the repayment of the indebtedness evidenced by the Note, with interest thereon, the payment of all other sums, with Interest thereon, advanced in accordance hereewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant, and MERS acting solely as a nominee for , with the power of sale, the following described property located in the County of Oklahoma, State of Oklahoma: See Attached Schedule A which has the address of: Oklahoma City 4828 Park Vista Oklahoma 73115 (herein "Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property."; Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property is unencumbered except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a waiver by Lender, Borrower shall pay to lender on the N/A day of each month, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. IF Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or State agency (including Lender if lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, late charges if any and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust, or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, the Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. To the extent permitted by applicable law, any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceeding against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note or does not hold record title to the Property, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage and to waive any homestead rights, and (b) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. Any Borrower who co-signs the Mortgage but does not execute the Note is not personally liable on the Note. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation thereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, after giving any grace period, right to cure, and/or reinstatement right required by applicable law, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by Federal law as of the date of this Mortgage. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender at its option may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage and exercise 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 17, including, but not limited to, reasonable attorneys' fees, not to exceed 15% of the unpaid debt after default and referral of an attorney not employed by Lender, and costs of little evidence. The parties to this document are subject to the provision for Arbitration as set forth in the Closed End Note which is incorporated by reference as if set forth at length herein. 18. Appointment of Receiver. In any action to foreclose this Mortgage upon default by Borrower, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 19. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 20. Waiver of Appraisement. Appraisement of the Property is hereby waived or not waived at Lender's option, which shall be exercised at the time judgment is entered in any foreclosure hereof or at any time prior thereto. 21. Assumption Fee. If there is an assumption pursuant to paragraph 16 hereof, Lender may charge an assumption fee of U.S. $____ N/A. 22. MERS. Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Mortgage, but, if necessary to comply with local law or custom MERS (as nominee for Lender and Lender's successors and assigns) has the right to exercise any or all of these 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 and canceling this Mortgage. EXHIBIT A SITUATED IN THE COUNTY OF OKLAHOMA AND STATE OF OKLAHOMA: "LOT 5, BLOCK 4, PARKVIEW ESTATES IN DEL CITY, OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE PLAT THEREOF." Permanen Parcel Number: JUDY A. BAKER, KIMBERLY BAKER WOJCAK AND BRENDA BAKER 4828 PARK VISTA DRIVE, OKLAHOMA CITY OK 73115 Loan Reference Number: First American Order No: Identifier: FIRST AMERICAN LENDERS ADVANTAGE When Recorded, Return to: Ditech Financial LLC 7360 South Kyrene Road Tempe, AZ 85283 This instrument was prepared by Ditech Financial LLC Account No: [Space above This Line for Recording Data] ditech. a Walter company Loan Modification Agreement Servicer ("Servicer"): Ditech Financial LLC Account No.: [Redacted] Customer ("I"): JUDY A. BAKER Date of mortgage, deed of trust, or security deed ("Mortgage") and Note ("Note"): 11/08/2006 Property Address: 4828 PARK VISTA OKLAHOMA CITY, OK 73115 Basic Modification Terms: Original Account Amount: $53,300.00 Pre-Modification Account Amount: $47,822.84 Capitalized Amount: $0.00 New Account Balance Amount: $47,822.84 Current Interest Rate: 9.375% New Interest Rate: 8.3750% Current Maturity Date: 11/14/2031 New Maturity Date: 11/14/2031 Amount Being added to end of loan: $0.00 In this Agreement "I", "ME" or "MY" refers to the Customer(s) signing below, while "YOU" or "YOUR" refers to the Servicer. If my representations in Section 1 continue to be true in all material respects, then this Account Modification Agreement ("Agreement") will, as set forth in Section 3, amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by a Mortgage. The Mortgage and Note together, as they may previously have been amended, are referred to as the "Account Documents." Capitalized terms used in this Agreement and not defined have the meaning given to them in Account Documents. I understand that after I sign and return two copies of this Agreement to the Servicer, the Servicer will send me a signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section 2 have been satisfied. If there is more than one Customer or Mortgagor executing this document, each is referred to as "I." For purposes of this document, words signifying the singular (such as "I") shall include the plural (such as 'we') and vice versa where appropriate. 1. My Representations. I certify, represent to Servicer and agree: A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Account Documents, and (ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. I live in the Property as my principal residence, and the Property has not been condemned; C. There has been no change in the ownership of the Property since I signed the Account Documents; D. I have provided documentation for all income that I receive (and I understand that I am not required to disclose child support or alimony unless I chose to rely on such income when requesting to qualify for the Account Modification program ("Program"); E. Under penalty of perjury, all documents and information I have provided to Servicer in connection with this Agreement, including the documents and information regarding my eligibility for the Program, are true and correct; F. If Servicer requires me to obtain credit counseling in connection with the Program, I will do so; 2. Acknowledgements and Preconditions to Modification. I understand and acknowledge that: A. TIME IS OF THE ESSENCE under this Agreement; B. If prior to the Modification Effective Date as set forth in Section 3 the Servicer determines that my representations in Section 1 are no longer true and correct, the Account Documents will not be modified and this Agreement will terminate. In that event, the Servicer will have all of the rights and remedies provided by the Account Documents; and C. I understand that the Account Documents will not be modified unless and until (i) I receive from the Servicer a copy of this Agreement signed by the Servicer, and (ii) the Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Servicer will not be obligated or bound to make any modification of the Account Documents if I fail to meet any one of the requirements under this Agreement. 3. The Modification. If my representations in Section 1 continue to be true in all material respects and all preconditions to the modification set forth in Section 2 have been met, the Account Documents will automatically become modified on 12/14/2017. (the "Modification Effective Date") and all unpaid late charges that remain unpaid will be waived. I understand that if I have failed to make any payments as a precondition to this modification the modification will not take effect. The first modified payment will be due on 01/14/2018. A. This Modification Agreement ("Agreement") is made this 12th day of December, 2017. The purpose of this Agreement is to reduce my interest rate and adjust the payments accordingly. B. You and I agree to permanently modify the interest rate and the monthly payment amount of my original Note secured by a Mortgage Deed/Deed of Trust or amendments thereto ("Credit Agreement") dated 11/08/2006. The provisions and references in my Credit Agreement to an Adjustable Rate Rider or to an adjustable or variable interest rate are hereby terminated, including, but not limited to, all notices required pursuant to those provisions. Further, all provisions and references in my Credit Agreement and any associated Riders to interest-only payments are hereby terminated. C. The interest rate will be reduced from 9.375% to 8.3750% effective as of 12/14/2017 ("Effective Date"). Beginning 01/14/2018, I agree to remit to you monthly principal and interest payments in the amount of $485.85 due on the 14th day of the month, plus any applicable fees. This Agreement does not change my obligation to pay you any other charges or amounts due on my loan, including, but not limited to, late fees, NSF fees and payments due for escrowed taxes and/or insurance, etc. D. $18,698.64 of the Current Principal Balance shall be deferred (the "Deferred Principal Balance") and I will not pay interest or make monthly payments on this amount. The Current Principal Balance less the Deferred Principal Balance shall be referred to as the "Interest Bearing Principal Balance" and this amount is $47,822.84. Interest will be charged on the Interest Bearing Principal Balance at the rate of 8.3750%, from 12/14/2017 and the first new monthly payment on the interest Bearing principal balance will be due on 01/14/2018. The new monthly payment amount does not include any amounts owed for escrow. This agreement does not change my obligation to pay you any other charges or amounts due on my loan, including, but not limited to, late fees, NSF fees and payments due for escrowed taxes and/or insurance, etc. The new Maturity Date will be 11/14/2031. E. I agree to pay in full the Deferred Loan Amount and any other amounts still owed under the Note and Security Instrument by the earliest of: (i) the date I sell or transfer an interest in the Property, (ii) the date I pay the entire Interest Bearing Loan Amount, or (iii) the new Maturity Date. F. If I make a partial prepayment of Principal, Lender may apply that partial prepayment first to any Deferred Loan Amount before applying such partial prepayment to other amounts due. G. The principal and/or interest, as applicable to my account, that will be past due as of the Modification Effective Date in the amount of $0.00 will be added to my final payment, unless paid, under the Note secured by a Mortgage or amendments thereto, where applicable. Past due insurance, fees, protective advances, which could include, but are not limited to, advances for taxes, and/or attorney fees, including escrow payments less any amounts paid to the Lender but not previously credited to my account will be added to my final payment, unless paid. Any unpaid late fees or NSF charges will remain due, unless paid. H. The new Maturity Date on your account will be 11/14/2031. I. Except as amended herein, I acknowledge that all other terms and conditions of the original Note or amendments thereto secured by a Mortgage Deed/Deed of Trust, where applicable, executed on 11/08/2006 shall remain in full force and effect. Upon breach of any provision of this Agreement, or upon payment default, Servicer may terminate this Agreement, and all terms will revert to those specified in the original contract. J. You are granting this conversion to a fixed, reduced interest rate and reduced monthly payment in consideration of you receiving this signed Agreement. This Agreement is not binding until the Agreement, inclusive of all original terms, has been signed by you; and you have accepted the Agreement. <table> <tr> <th>Years</th> <th>Interest Rate</th> <th>Interest Rate Change Date</th> <th>Monthly Principal and Interest Payment Amount</th> <th>Estimated Monthly Escrow Payment Amount*</th> <th>Total Monthly Payment*</th> <th>Payment Begins On</th> <th>Number of Monthly Payments</th> </tr> <tr> <td>1-13</td> <td>8.375%</td> <td>12/14/2017</td> <td>$485.85</td> <td>$195.51 adjusts annually after year 1</td> <td>$681.36 adjusts annually after year 1</td> <td>01/14/2018</td> <td>166</td> </tr> <tr> <td>14</td> <td>8.375%</td> <td>10/14/2031</td> <td>$484.29</td> <td>Adjusts Annually</td> <td>Adjusts Annually</td> <td>11/14/2031</td> <td>1</td> </tr> </table> *The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. The above terms in this Section 3 shall supersede any provisions to the contrary, in the Loan Documents, including but not limited to, provisions for an adjustable, step or simple interest rate. 4. Additional Agreements. I agree to the following: A. That all persons who signed the Account Documents or their authorized representative(s) have signed this Agreement, unless (i) a Customer or co-Customer is deceased; (ii) the Servicer has waived this requirement in writing. B. That this Agreement shall supersede the terms of any modification or forbearance that I previously entered into with Servicer. C. To comply, except to the extent that they are modified by this Agreement, with all covenants, agreements, and requirements of Account Documents including my agreement to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments, the amount of which may change periodically over the term of my Account. D. This Agreement does not change my obligation to pay Servicer any other charges or amounts due according to the terms of my Account Documents, including, but not limited to, late fees, insufficient funds fees and payments due for escrowed taxes and/or insurance. E. That the Account Documents are composed of duly valid, binding agreements, enforceable in accordance with their terms and are hereby reaffirmed. F. That all terms and provisions of the Account Documents, except as expressly modified by this Agreement, remain in full force and effect; nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligations contained in the Account Documents; and that except as otherwise specifically provided in, and as expressly modified by, this Agreement, the Servicer and I will be bound by, and will comply with, all of the terms and conditions of the Account Documents. G. That, as of the Modification Effective Date, notwithstanding any other provision of the Account Documents, I agree as follows: If all or any part of the Property or any interest in it is sold or transferred without Servicer's prior written consent, Servicer may, at its option, require immediate payment in full of all sums secured by the Mortgage. However, Servicer shall not exercise this option if state or federal law, rules or regulations prohibit the exercise of such option as of the date of such sale or transfer. If Servicer exercises this option, Servicer shall give me notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which I must pay all sums secured by the Mortgage. If I fail to pay these sums prior to the expiration of this period, Servicer may invoke any remedies permitted by the Mortgage without further notice or demand on me. H. That, I will cooperate fully with Servicer in obtaining any title endorsement(s), or similar title insurance product(s), and/or subordination agreement(s) that are necessary or required by the Servicer's procedures to ensure that the modified mortgage Account is in first lien position and/or is fully enforceable upon modification and that if, under any circumstance and not withstanding anything else to the contrary in this Agreement, the Servicer does not receive such title endorsement(s), title insurance product(s) and/or subordination agreement(s), then the terms of this Agreement will not become effective on the Modification Effective Date and the Agreement will be null and void. I. That I will execute such other documents as may be reasonably necessary to either (i) consummate the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this Agreement if an error is detected after execution of this Agreement. I understand that a corrected Agreement will be provided to me and this Agreement will be void and of no legal effect upon notice of such error. If I elect not to sign any such corrected Agreement, the terms of the original Account Documents shall continue in full force and effect, such terms will not be modified by this Agreement, and I will not be eligible for a modification under the Program. J. I agree that if any document related to the Account Documents and/or this Agreement is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the Account as modified, or is otherwise missing, I will comply with the Servicer's request to execute, acknowledge, initial and deliver to the Servicer any documentation the Servicer deems necessary. If the original promissory note is replaced, the Servicer hereby indemnifies me against any loss associated with a demand on the original note. All documents the Servicer requests of me under this Section 4.J. shall be referred to as "Documents." I agree to deliver the Documents within ten (10) days after I receive the Servicer's written request for such replacement. K. Mortgage Electronic Registration Systems, Inc. ("MERS") is a separate corporation organized and existing under the laws of Delaware and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, (888) 679-MERS. In cases where the loan has been registered with MERS who has only legal title to the interests granted by the borrower in the mortgage and who is acting solely as nominee for Lender and/or Servicer and Lender's and/or Servicer's successors and assigns, MERS 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 and/or Servicer including, but not limited to, releasing and canceling the mortgage loan. In Witness Whereof, the Servicer and I have executed this Agreement. Servicer By: ________________________________ Name: Joseph M. Ysilas Title: Supervisor, Default Services License #: 1376963 Date ________________________________ Customer ________________________________ Date 12-28-2017 1-800-643-0202 Monday - Friday 7 a.m. to 8 p.m., and Saturday 7 a.m. to 1 p.m. CST This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. __________________ [Space Below This Line For Acknowledgement] __________________