CRAZY CIVIL COURT ← Back
NOBLE COUNTY • CJ-2025-00071

PATRONS BANK, N.A. v. JAI SAIBABA ENTERPRISES LLC

Filed: Nov 7, 2025
Type: CJ

What's This Case About?

Let’s cut to the chase: a bank is trying to foreclose on a $1.5 million mortgage — and that’s just one of the loans it wants paid. We’re not talking about some backyard shed or a sad little storage unit. We’re talking about a multi-acre commercial property in Perry, Oklahoma, with a paper trail so long it could wrap around the courthouse twice. This isn’t just a missed payment. This is a full-blown financial showdown, complete with loan renewals, corporate conversions, UCC filings, and a cast of characters who seem to have signed every document known to banking law — and still ended up here.

So who are these people? On one side, you’ve got Patrons Bank, N.A., formerly known as First National Bank & Trust Company of Okmulgee — a financial institution that clearly doesn’t mess around. Represented by attorney Luke Gaither, they’re the kind of bank that keeps spreadsheets in their sleep and probably sends birthday cards to their lien officers. On the other side? Jai Saibaba Enterprises LLC, a business entity that appears to have evolved from Jai Saibaba Enterprises, Inc. back in 2009 — the kind of corporate shape-shifting that usually means someone was trying to restructure debt. And at the center of it all: Mohan Manoj, the man who signed everything. He’s listed as president, manager, guarantor — you name it. If this company were a sinking ship, Manoj would be the guy welding the lifeboats to the deck while yelling, “We’re just repositioning!”

Now, let’s talk about how we got here. The story starts way back in January 2009, when Jai Saibaba Enterprises, Inc. took out a whopper of a loan — $3.7 million — secured by two tracts of land in Noble County, totaling just over three acres at 3112 W. Fir Street in Perry. That’s right: this whole drama has been simmering for over a decade and a half. But wait — it gets juicier. By October 2011, the loan had been modified, and the amount dropped to just over $2.9 million. Maybe business slowed. Maybe the economy tanked. Or maybe someone realized, “Uh, we’re not actually running a gold mine here.” Fast forward to March 2022, and the plot thickens: the company — now LLC-ified — renews two separate loans. One for $1.5 million at 4.5% interest. Another for $574,852.97 — yes, that oddly specific number — at zero percent interest. That’s not a typo. Z-E-R-O. Either this was a sweetheart deal meant to buy time… or the bank was so desperate to keep the loan on the books it offered free money. Either way, it didn’t work.

Because by September 2025, both loans are in default. The $1.5 million note? Still owes $1,521,426.74, plus interest. The zero-interest loan? Still owes the full $574,852.97. No payments. No extensions. Just silence. And so, the bank does what banks do when people stop paying: they sue. Not just for the money. Not just for interest. But for foreclosure, attorney’s fees, and the right to seize everything — not just the land, but the equipment, furniture, fixtures, inventory, and even future profits tied to the property. Thanks to a UCC-1 financing statement filed back in 2009 and renewed multiple times since, the bank claims ownership rights over any business assets on the premises. This isn’t just a mortgage. It’s a full corporate exorcism.

So why are they in court? Legally speaking, the bank is making a classic foreclosure claim, alleging breach of contract and default on the loan agreements. They’re invoking the “power of sale” clause in the mortgage — a legal cheat code in Oklahoma that lets lenders sell property without a full court trial, as long as the paperwork is in order. They also want the court to confirm their lien is superior to any other claims — because let’s be honest, when a business has been borrowing money since 2009, there are probably other creditors lurking in the shadows, sharpening their pitchforks. And don’t forget the personal guarantee signed by Mohan Manoj back in 2009 — a legal Hail Mary that means he could be on the hook personally if the company can’t pay. That’s the nuclear option. That’s when the bank starts eyeing your house, your car, your vintage vinyl collection.

What do they want? Well, the bank isn’t asking for chump change. They’re seeking judgment for over $2 million in unpaid principal alone — not counting interest, attorney’s fees, or court costs. And while $50,000 might be a lot for a fender bender, $2 million is the kind of number that buys strip malls, car dealerships, or a very large herd of cattle. In rural Oklahoma, that’s not just serious money — it’s generational wealth. Or debt. Depending on which side you’re on.

Now, here’s our take: the most absurd part of this whole saga isn’t the amount. It’s the timeline. This isn’t a sudden collapse. This is a slow-motion train wreck that’s been unfolding for 16 years. The same people. The same property. The same bank. Renewals, modifications, ratifications, continuations — they’ve papered over this debt so many times it’s like they were playing financial Jenga, pulling out one block at a time and hoping the tower wouldn’t fall. And now, in 2025, it finally did. Was it bad luck? Bad management? Or just the inevitable result of treating loan renewals like birthday candles — “Let’s blow them out and pretend it’s a fresh start!”?

We’re not rooting for the bank. They’re too slick, too relentless, too ready to seize every bolt and business card on the property. And we’re not rooting for the defendants — because frankly, if you’ve been borrowing money since the Obama administration and still can’t make a payment, maybe it’s time to hang up the apron. But if we had to pick a side? We’re rooting for the land. That three-acre plot in Perry has seen more legal drama than a soap opera. It’s been mortgaged, modified, reaffirmed, and foreclosed on in spirit a dozen times. It deserves peace. It deserves a new owner who pays their bills. And maybe, just maybe, a nice “For Sale” sign that doesn’t come with 50 pages of UCC filings stapled to it.

Because in the end, this isn’t just about money. It’s about what happens when hope, debt, and paperwork collide — and the only thing left standing is a courtroom, a judge, and a piece of paper that says, “You owe.”

Case Overview

Petition
Jurisdiction
Noble County, OK
Relief Sought
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 foreclosure, breach of contract, default on loan Plaintiff seeks to foreclose on a mortgage on a property owned by Defendant, citing default on a loan.

Petition Text

35,723 words
IN THE DISTRICT COURT OF NOBLE COUNTY STATE OF OKLAHOMA PATRONS BANK, N.A., Formerly Known as FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE ) Plaintiff, vs. JAI SAIBABA ENTERPRISES, LLC, Successor by conversion to JAI SAIBABA ENTERPRISES, INC. MOHAN MANOJ OCCUPANT OF THE PREMISES ) PETITION COMES NOW, the Plaintiff, PATRONS BANK, N.A., formerly known as FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE, for its cause of action against the Defendants named in the caption hereof alleges and states: FIRST CAUSE OF ACTION 1. That on March 14, 2022, Defendants, JAI SAIBABA ENTERPRISES, LLC, executed a Note (#423523803) in favor of FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE (attached as Exhibit 'A') in the principal amount of $1,500,000.00 with interest thereon at the rate of 4.5000% per annum (renewing Note #423523801). 2. That on January 16, 2009, Defendant, MANOJ MOHAN, executed a Guaranty Agreement (attached as Exhibit 'B'). 3. That on March 14, 2022, Defendant, MOHAN MANOJ executed a Security Agreement (attached as Exhibit 'C'). 4. There is a balance due of $1,521,426.74 plus interest of 4.5000% per annum from September 24, 2025 until judgment and at the contract rate thereafter until paid on the note Exhibit 'A'. The note is in default for nonpayment. Demand has been made for payment, which has been refused. In addition to the balance due, Plaintiff is entitled to a reasonable attorney's fee and the costs of this action. WHEREFORE, Plaintiff requests Judgment as to Defendants, JAI SAIBABA ENTERPRISES, LLC, DINISH M. PATEL and MOHAN MANOJ as set out in this cause of action. SECOND CAUSE OF ACTION 1. Defendants, JAI SAIBABA ENTERPRISES INC., a Corporation, executed a Mortgage dated January 16, 2009, which was recorded January 23, 2009 in Book 658 at Page 635 which was recorded in the NOBLE County Clerk's office, in favor of FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE securing the above described Note (Attached as Exhibit 'D'). Defendants, JAI SAIBABA ENTERPRISES, LLC, Successor by conversion to JAI SAIBABA ENTERPRISES, INC. executed a Mortgage Modification Agreement dated October 3, 2011 and recorded in Book 704 at Page 469 (attached as Exhibit "E"). Defendants, JAI SAIBABA ENTERPRISES, LLC Successor by conversion to JAI SAIBABA ENTERPRISES, INC., executed a Ratification of Mortgage dated January 18, 2009 and recorded in Book 708 at Page 182 and Corrected Ratification of Mortgage recorded in Book 708 at Page 437 (copy attached as Exhibit 'F'). Defendants JAI SAIBABA ENTERPRISES, INC., a Corporation executed a Mortgage dated July 26, 2010, which was recorded August 19, 2010 in Book 681 at Page 90 which was recorded in the NOBLE County Clerk's office, in favor of FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE securing the above described Note (Attached as Exhibit 'G'). 2. The said Mortgages, Mortgage Modification Agreement and Ratification of Mortgage covering the following described real properties situated in NOBLE County, State of Oklahoma, to-wit: Tract One (1): A tract of land situated in the Northwest Quarter (NW/4) of Section (20), Township Twenty-one (21) North, Range One (1) West of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one (21) North, Range One (1) West of the I.M., Noble County, Oklahoma; thence West S 89° 59' 28" W on the North boundary line of the Northwest Quarter (NW/4) of said Section Twenty (20) a distance of 863.00 feet to the POINT OF BEGINNING; thence continuing West S 89° 59' 28" W along said North boundary line a distance of 362.37 feet to the East boundary line of 32nd Street; thence South S 01° 21' 05" E along said East boundary line of said 32nd Street a distance of 216.75 feet; thence East N 89° 59' 28" E a distance of 381.50 feet; thence North N 00° 38' 33" W a distance of 126.75 feet; thence West S 89° 59' 28" W a distance of 19.03 feet; thence North N 00° 00' 32" W a distance of 90.00 feet to the point of beginning, said tract containing 1.8573 acres, according to the “Survey” of Jividens Land Survey Co., Inc. dated 1-26-2008 AND Tract Two (2): A tract of land situated in the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one (21) North, Range One (1) West of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the Northwest Quarter (NW/4) of said Section Twenty (20), Township Twenty-one (21) North, Range One (1) West of the I.M., Noble County, Oklahoma; thence West S 89° 59' 28" W on the North boundary line of the said Northwest Quarter (NW/4) of said Section Twenty (20) a distance of 863.00 feet; thence South S 00° 00' 32" E 90.00 feet; thence East N 89° 59' 28" E a distance of 19.03 feet; thence South S 00° 38' 33" E a distance of 126.75 feet to the POINT OF BEGINNING; thence continuing South S 00° 38' 33" E a distance of 143.26 feet; thence West N 89° 59' 28" W a distance of 382.23 feet to a point on the East boundary line of 32nd Street; thence North N 00° 21' 05" E along said East boundary line a distance of 143.25 feet; thence East N 89° 59' 28" E distance of 381.50 feet to the point of beginning, said tract containing 1.2558 acres, according to the “Survey” of Jividens Land Survey Co., Inc. dated 1-16-2008 Physical Address: 3112 W. Fir Street, Perry, OK 73077 In the event of default, the Plaintiff is entitled to accelerate the balance due and proceed to foreclose on aforesaid mortgage; therefore, Plaintiff requests a judgment of foreclosure and further requests appraisement and a determination that its lien is superior and prior to all other liens. THIRD CAUSE OF ACTION 1. By virtue of the UCC Financing Statement upon the property, dated January 22, 2009, continuations dated August 9, 2013, September 4, 2019 and November 1, 2023, (copies attached as Exhibit ‘H’), Plaintiff has a special ownership in the property and a right to immediate possession from said Defendants, JAI SAIBABA ENTERPRISES, INC. the following described personal property, to wit: All equipment of whatever kind or nature, wherever located, now owned or hereafter acquired, and all returns, repossessions, exchanges, substitutions, replacements, attachments, parts, accessories and accessions thereto and thereof and all proceeds thereof (whether in the form of cash, instruments, chattel paper, general intangibles, accounts or otherwise) All debtor’s furniture and fixtures of every kind, type or description, whether now owned or hereafter acquired 2. The property was not taken in execution on any order or judgment against the Plaintiff or for payment of any tax, fine or amercement assessed against him, or by virtue of any order of delivery issued under the replevin law, or any other mesne or final process issued against the Plaintiff, or if taken in execution or any order or judgment against the Plaintiff, that is exempt from law being taken so. WHEREFORE, Plaintiff prays judgment against the Defendants, JAI SAIBABA ENTERPRISES, INC. in the sum of $1,521,246.74 plus accrued interest from September 24, 2025 until the date of judgment at the rate of 4.500% until paid; a reasonable attorney’s fee, and for all costs of this action. FOURTH CAUSE OF ACTION 1. That on March 14, 2022, Defendants, JAI SAIBABA ENTERPRISES, LLC, executed a Note (#423523804 (renewal of Note #423523801) in favor of FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE (attached as Exhibit 'T') in the principal amount of $574,852.97 with interest there on at the rate of 0.000% per annum. 2. That on January 16, 2009, Defendant, MANOJ MOHAN, executed a Guaranty Agreement (attached as Exhibit ‘J’). 3. That on March 14, 2022, Defendant, JAI SAIBABA ENTERPRISES, LLC executed a Security Agreement (attached as Exhibit ‘K’). 4. There is a balance due of $574,852.97 until judgment and at the contract rate thereafter until paid on the note Exhibit ‘I’. The note is in default for nonpayment. Demand has been made for payment, which has been refused. 5. In addition to the balance due, Plaintiff is entitled to a reasonable attorney’s fee and the costs of this action. WHEREFORE, Plaintiff requests Judgment as to Defendants, JAI SABABA ENTERPRISES, LLC as set out in this cause of action. FIFTH CAUSE OF ACTION 1. Defendants, JAI SAIBABA ENTERPRISES INC., a Corporation, executed a Mortgage dated January 16, 2009, which was recorded January 23, 2009 in Book 658 at Page 635 which was recorded in the NOBLE County Clerk's office, in favor of FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE securing the above described Note (Attached as Exhibit 'L'). Defendants, JAI SAIBABA ENTERPRISES, LLC, Successor by conversion to JAI SAIBABA ENTERPRISES, INC. executed a Mortgage Modification Agreement dated October 3, 2011 and recorded in Book 704 at Page 469 (attached as Exhibit 'M'). Defendants, JAI SAIBABA ENTERPRISES, LLC Successor by conversion to JAI SAIBABA ENTERPRISES, INC., executed a Ratification of Mortgage dated January 18, 2009 and recorded in Book 708 at Page 182 and Corrected Ratification of Mortgage recorded in Book 708 at Page 437 (copy attached as Exhibit 'N'). Defendants, JAI SAIBABA ENTERPRISES, INC., a Corporation, executed a Mortgage dated July 26, 2010, which was recorded on August 19, 2010 in Book 681 at Page 90 which was recorded in the NOBLE County Clerk’s office, in favor of FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE securing the above described Note (Attached as Exhibit 'L'). 2. The said Mortgages, Mortgage Modification Agreement and Ratification of Mortgage covering the following described real properties situated in NOBLE County, State of Oklahoma, to-wit: Tract One (1): A tract of land situated in the Northwest Quarter (NW/4) of Section (20), Township Twenty-one (21) North, Range One (1) West of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one (21) North, Range One (1) West of the I.M., Noble County, Oklahoma; thence West S 89° 59' 28" W on the North boundary line of the Northwest Quarter (NW/4) of said Section Twenty (20) a distance of 863.00 feet to the POINT OF BEGINNING; thence continuing West S 89° 59' 28" W along said North boundary line a distance of 362.37 feet to the East boundary line of 32nd Street; thence South S 01° 21' 05" E along said East boundary line of said 32nd Street a distance of 216.75 feet; thence East N 89° 59' 28" E a distance of 381.50 feet; thence North N 00° 38' 33" W a distance of 126.75 feet; thence West S 89° 59' 28" W a distance of 19.03 feet; thence North N 00° 00' 32" W a distance of 90.00 feet to the point of beginning, said tract containing 1.8573 acres, according to the “Survey” of Jividen Land Survey Co., Inc. dated 1-26-2008 AND Tract Two (2): A tract of land situated in the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one (21) North, Range One (1) West of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the Northwest Quarter (NW/4) of said Section Twenty (20), Township Twenty-one (21) North, Range One (1) West of the I.M., Noble County, Oklahoma; thence West S 89° 59' 28" W on the North boundary line of the said Northwest Quarter (NW/4) of said Section Twenty (20) a distance of 863.00 feet; thence South S 00° 00' 32" E 90.00 feet; thence East N 89° 59' 28" E a distance of 19.03 feet; thence South S 00° 38' 33" E a distance of 126.75 feet to the POINT OF BEGINNING; thence continuing South S 00° 38' 33" E a distance of 143.26 feet; thence West N 89° 59' 28" W a distance of 382.23 feet to a point on the East boundary line of 32nd Street; thence North N 00° 21' 05" E along said East boundary line a distance of 143.25 feet; thence East N 89° 59' 28" E distance of 381.50 feet to the point of beginning, said tract containing 1.2558 acres, according to the “Survey” of Jividens Land Survey Co., Inc. dated 1-16-2008 Physical Address: 3112 W. Fir Street, Perry, OK 73077 3. In the event of default, the Plaintiff is entitled to accelerate the balance due and proceed to foreclose on aforesaid mortgage; therefore, Plaintiff requests a judgment of foreclosure and further requests appraisement and a determination that its lien is superior and prior to all other liens. SIXTH CAUSE OF ACTION 1. By virtue of the UCC Financing Statement upon the property, dated January 22, 2009, continuations dated August 9, 2013, September 4, 2019 and November 1, 2023, (copies attached as Exhibit ‘P’), Plaintiff has a special ownership in the property and a right to immediate possession from said Defendants, JAI SAIBABA ENTERPRISES, INC. the following described personal property, to wit: All equipment of whatever kind or nature, wherever located, now owned or hereafter acquired, and all returns, repossessions, exchanges, substitutions, replacements, attachments, parts, accessories and accessions thereto and thereof and all proceeds thereof (whether in the form of cash, instruments, chattel paper, general intangibles, accounts or otherwise) All debtor’s furniture and fixtures of every kind, type or description, whether now owned or hereafter acquired 2. The property was not taken in execution on any order or judgment against the Plaintiff or for payment of any tax, fine or amercement assessed against him, or by virtue of any order of delivery issued under the replevin law, or any other mesne or final process issued against the Plaintiff, or if taken in execution or any order or judgment against the Plaintiff, that is exempt from law being taken so. WHEREFORE, Plaintiff prays judgment against the Defendants, JAI SAIBABA ENTERPRISES, INC. in the sum of $574,852.97 plus accrued interest from September 24, 2025 until the date of judgment; a reasonable attorney's fee, and for all costs of this action. SEVENTH CAUSE OF ACTION 1. That the Defendants, OCCUPANTS OF THE PREMISES may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the real property involved herein, for and on account of tenancy. Plaintiff states, however, that any right, title or interest claimed by Defendants, OCCUPANTS OF THE PREMISES 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 said real estate. WHEREFORE, Plaintiff requests Judgment against Defendants, OCCUPANTS OF THE PREMISES as set out in this cause of action. GAITHER LAW OFFICE Luke Gaither, OBA #17490 P.O. Box 1090 Henryetta, OK 74437 (918) 652-4402 VERIFICATION STATE OF OKLAHOMA ) COUNTY OF OKMULGEE ) SS JARED CABLE, of lawful age being first duly sworn upon oath, says: That he is the President of PATRONS BANK, N.A. formerly known as FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE, Plaintiff in this cause; that he makes this affidavit for and on behalf of the Plaintiff; that he has read the within and foregoing petition, knows the contents thereof, and that the matters and facts therein set forth are true and correct. ____________________________________ JARED CABLE SUBSCRIBED AND SWORN to before me this ___ day of ___November__, 2025. (SEAL) My Commission Expires: ___4-1-27__ My Commission Number _____ Crystal Hurst Notary Public NOTICE That notification contained herein is in compliance with the Fair Debt Collection Practices Act. Each of the items contained herein applies directly to the debt which PATRONS BANK, N.A. formerly known as FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE, is attempting to collect from you. 1. If you want to know the exact name and address of the original creditor, please notify us in writing no later than 30 days after receipt of this Notice, and we will provide you with this information. 2. If within 30 days of the receipt of this Notice you do not dispute the validity of the debt which PATRONS BANK, N.A. formerly known as FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE is attempting to collect from you, or any portion of the debt, the debt will be assumed by us to be valid; and if you notify us in writing within the 30-day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy of the judgment against you, if any, and a copy of such verification or judgment will be mailed to you by us. 3. The loan balance contained in the accompanying letter is only the principal balance and may not include unpaid interest, late charges, etc. GAITHER LAW OFFICE Luke Gaither, OBA #17490 P. O. Box 1090 Henryetta OK 74437 918/652-4402/ FAX 918/652-4487 [email protected] DCN: 5731BABC8C6738FC6D81A520D18E065 PROMISSORY NOTE – General DEBTOR’S NAME(S) AND ADDRESS Jal Salbaba Enterprises LLC 3112 West Fir Perry, OK 73077 LENDER’S NAME AND ADDRESS First National Bank & Trust Company of Okmulgee PO Box 1037 Okmulgee, OK 74447 NOTE NUMBER | MATURITY DATE | PRINCIPAL AMOUNT | CUSTOMER NUMBER | LOAN OFFICER | ACTUAL/360 | ACTUAL/365 423523803 | 02/15/2024 | $1,500,000.00 | JC | X | <table> <tr> <th></th> <th>FIXED INTEREST RATE PER ANNUM</th> <th>VARIABLE RATE INDEX</th> <th>PRESENT INDEX RATE</th> <th>VARIABLE RATE INDEX</th> <th>MAXIMUM PER ANNUM INTEREST RATE CHANGE</th> <th>MINIMUM INTEREST RATE</th> <th>MAXIMUM INTEREST RATE</th> </tr> <tr> <td></td> <td></td> <td></td> <td>%</td> <td></td> <td></td> <td>%</td> <td>%</td> </tr> <tr> <td></td> <td>4.5000 %</td> <td></td> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> </table> NEW LOAN | RENEWAL OF LOAN NUMBER(s) 423523801 | FULLY ADVANCED | MULTIPLE ADVANCES | REVOLVING CREDIT PURPOSE OF LOAN | Renew existing loan 423523801 with no additional funds COLLATERAL DESCRIPTION | Real Estate Mortgage dated 01/16/2009 in the amount of $3,786,652.00, Modified on 10/03/2011 to the new amount of $2,904,350.77, Security Agreement dated 1/18/2009 and 3/14/2022 PAYMENT TERMS <table> <tr> <th>NUMBER OF PAYMENTS</th> <th>AMOUNT OF PAYMENTS</th> <th>DATE OF PAYMENTS</th> </tr> <tr> <td>23</td> <td>$9,509.20</td> <td>monthly beginning 03/15/2022.</td> </tr> <tr> <td>1</td> <td>$1,408,488.81</td> <td>will be due at maturity 02/15/2024.</td> </tr> </table> PROMISE TO PAY: For value received, the undersigned Debtor, whether one or more, and jointly and severally if more than one, agree 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 the unpaid Principal Amount until Maturity at the per annum interest rate(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 of a 360 day year (Actual/360) or a 365 day year (Actual/365). 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 interest rate on this Note will be the Index Rate plus a Margin, if any, as indicated above. Each change will become effective as indicated below. If the Index Rate is Lender’s base or prime rate, it is determined by Lender in its 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. ☐ Each change will become effective on the same date the Index Rate changes. ☐ Effective date of rate change ____________________ and on the same day ________________ thereafter. 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 greater of 5% of the prnt amt or $24.00 not to exceed $50.00. After the maturity date, Lender may at its sole discretion accrue interest on the unpaid balance ☐ 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. 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 AND PAYMENTS. 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. For Multiple Advances or Revolving Credit, 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. 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 prepaies, 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 only on the actual amount of principal disbursed and outstanding from time to time. If the Revolving Credit box is checked, then the Debtor understands that the Lender will disburse the proceeds of this Note in increments up to the Principal Amount and that the remaining terms of this paragraph shall apply to this Note. 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. The Debtor understands that the maximum amount of all such advances outstanding at any one time cannot exceed the Principal Amount, but that the Debtor may repay and reborrow up to the Principal Amount during the term of this Note. If the aggregate outstanding amount advanced under this Note ever exceeds the Principal Amount, then the Debtor will repay the excess upon demand, plus interest on the excess. There may be times when no principal is outstanding on this Note, but this Note and any collateral securing this Note remain valid and effective as to future advances under this Note. 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 any person designated or authorized 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. Interest will accrue only on the actual amount of principal disbursed and outstanding from time to time. 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): COLLATERAL. This Note and all other obligations of Debtor 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 and by all money, deposits and other property owned by any Debtor and in Lender’s possession or control. LENDER’S SIGNATURE(S) [Signature] By: Jared Cagle, Executive Vice President (Lender signatures optional) DEBTOR(S) SIGNATURE(S) [Signature] Manoj Mohan, Manager of Jal Salaba Enterprises LLC DEBTOR EXPRESSLY AGREES: ACCELERATION. At option of Lender, the unpaid balance of this Note and all other obligations of Debtor 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 promissory 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, insolvent, dissolves, changes ownership or senior management, or terminates their existence; 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 protection under any bankruptcy or insolvency laws, or becomes subject to an involuntary proceeding under such laws. Upon the occurrence of any event described above, Lender may, at its option and with or without accelerating the Note, increase the Interest Rate on this Note to the Default Rate provided herein. ADDITIONAL PROVISIONS RIGHT OF OFFSET. Except as otherwise restricted by law, any indebtedness due from Lender to Debtor, including, without limitation, any deposits 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) remain(s) 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. ADDITIONAL PROVISIONS. (1) Debtor agrees, if requested, to furnish to Lender copies of income tax returns as well as balance sheets and income statements for each fiscal year following Date of Note and at more frequent intervals as Lender may require. (2) 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 presentment, notice of acceleration, notice of dishonor and protest and consent to substitutions, releases and failure to perfect as to collateral and to additions or releases of any Debtor. (3) 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. (4) 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. (5) 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 TERM OF PROVISIONS. DCN: D193A09F9056A007B5601DC40F059F9F DISBURSEMENT ADDENDUM Loan Amount: $1,500,000.00 Loan Number: 423523803 Date: 03/14/2022 DEBTOR Jai Siaibaba Enterprises LLC 3112 West Fir Perry, OK 73077 LENDER First National Bank & Trust Company of Okmulgee PO Box 1037 Okmulgee, OK 74447 REFINANCED AMOUNT $1,500,000.00 Loan # 423523801 DISBURSEMENTS TO OTHERS ON BEHALF OF DEBTOR To To To To To To To To To To To To Total: MISCELLANEOUS FEES Total: ADDITIONAL CHARGES Total: ITEMIZATION $_________ Amount Given and Disbursed to Debtor Directly $_________ Amount Left to Draw $1,500,000.00 Amount Refinanced and Paid on Account of Debtor Amounts paid to others on your behalf (Lender may be retaining a portion of this amount) $_________ Disbursements to Others on Behalf of Debtor $_________ Life Insurance Premium to ________________ $_________ A&H Insurance Premium to ________________ $_________ Other Insurance Premium to ________________ DISBURSEMENT COMMENTS DEBTOR'S SIGNATURE(S) Manoj Mohan, Manager of Jai Siaibaba Enterprises LLC GUARANTY AGREEMENT DEBTOR'S NAME(S) Jai Saibaba Enterprises Inc LENDER'S NAME AND ADDRESS First National Bank & Trust Company Of Okmulgee P.O. Box 1037 Okmulgee, OK 74447 DATE OF AGREEMENT 01/16/2008 701 S Van Buren Enid, OK 73701 A. To induce the Lender to extend credit to the Debtor and for other good and valuable consideration, the receipt of which is acknowledged and for the purpose of enabling the Debtor to obtain one or more loans, credit or other financial accommodation from the Lender named above, each of the undersigned as a primary obligor, jointly and severally and unconditionally: (1) guarantees to the Lender that Debtor will fully and promptly pay or otherwise discharge all indebtedness and other obligations ("indebtedness") upon which Debtor now is or may later, from time to time, become obligated to Lender as principal, guarantor, endorser, or in any other capacity, and whether joint or several liability or liability created by direct dealing with Lender or through transfer from others, and regardless of the nature and form of indebtedness and whether due or not due; (2) agrees without the Lender first having to proceed against Debtor, any third party liable or to liquidate any security, to pay on demand all sums due and to become due to Lender from Debtor, or all losses, costs, attorney fees or expenses which may be suffered or incurred by Lender by reason of Debtor's default or the default of the undersigned; (3) except as setoff is waived, agrees to be bound by and on all terms and conditions, deficiency or difference between all indebtedness of the Debtor and the proceeds of any private or public sale (including a sheriff's sale) of the security held by Lender, prior or without notice to the undersigned; (4) agrees that liability under this Agreement will not be affected or impaired by any failure, neglect or omission, including the failure of debtor to perfect or maintain perfection of a security interest, either in relation to the collection of the indebtedness or the protection of the security given, and regardless of whether the Lender fails or omits to seek or is precluded from seeking a judgment against Debtor; and (5) further agrees that the liability of the undersigned shall not be affected by any lack of validity or enforceability due to defense, claim, discharge or otherwise of any indebtedness guaranteed by this Agreement or of the security of the indebtedness. B. Lender may at any time and from time to time without the further consent of or notice to the undersigned, without incurring responsibility to the undersigned and without impairing or releasing the obligations of the undersigned, and upon any terms and conditions the Lender may elect: (1) change the manner, place or terms of payment or extend the time of payment of any indebtedness of Debtor to Lender; (2) renew, increase or alter any indebtedness of Debtor to Lender; (3) raise or lower the interest rate or rates charged Debtor; (4) sell, exchange, release, surrender, realize upon or otherwise deal or not deal with any mortgage and in any order any property at any time pledged to secure or securing any indebtedness owed or payable to Lender or any liabilities incurred directly or indirectly under or in connection with such indebtedness or liabilities; (5) exercise or refrain from exercising any rights against Debtor or others, or otherwise act or refrain from acting; (6) settle or compromise any indebtedness guaranteed or incurred; (7) subordinate any agreement, all or part of any indebtedness of Debtor to Lender to the right of any liabilities which may be due Lender or others; (8) apply any sums paid or funds received from Debtor to any indebtedness of Debtor to Lender regardless of whether such sum was intended to be applied; (9) release any one or more of the undersigned, any other guarantor or any other party liable upon or for any indebtedness or other obligation guaranteed, and such release will not affect the liability under this Agreement of any of the undersigned or any other party not so released; (10) add or release the primary or secondary liability of principals, guarantors or other parties; and/or (11) obtain additional collateral security. C. The undersigned waives: (1) any and all acceptance of this Guaranty Agreement; (2) notice of the creation of any indebtedness; (3) any presentment, demand for payment, notice, notice of default, non-payment, notice of acceleration, notice of disposition of security, notice of dishonor or protest to or upon any party and all notices whatsoever when required or permitted by this Guaranty Agreement, any other agreement, course of dealing, usage of trade, course of performance and, to the extent allowed by law, (4) any exercise of any remedy which the Lender now has or later acquires against Debtor or any other party; (5) any impairment of collateral, including but not limited to, the failure to perfect, or maintain perfection of, a security interest in collateral; and (6) any event, or any act or omission of the Lender (except acts or omissions in bad faith) which materially increases the scope of the undersigned's risk as guarantor, including the manner of administration of the loan and changes in the form or manner in which any party does business or in their financial condition and any notice of any such change. D. This Guaranty Agreement shall be absolute, unconditional and continuing guarantee of payment and not of collection and shall be binding upon the undersigned, heirs or successors of the undersigned, and the estate or estates of the undersigned: (1) regardless of the death or cessation of existence of any of the undersigned or of any guarantor or any other party liable upon any indebtedness or other obligation hereby guaranteed; (2) irrespective of any defenses, perfect or keep perfected any lien or security interest in any collateral. This Guaranty Agreement is an independent obligation which is separately enforceable from the obligation of the Debtor. E. All rights of the Lender are cumulative and not alternative to other rights. Suit may be brought against the undersigned or other parties liable, jointly and severally, and against any one or more of them, and against all or less than all, without impairing the rights of the Lender, its successors or assigns, against others of the undersigned. The Lender may assert against any one of the undersigned or any other party for such sum or sums as it may see fit and release such of the undersigned or other parties from all further liability to the Lender for such indebtedness without impairing the right of the Lender to demand and collect the balance of such indebtedness from others of the undersigned not so released. F. The Lender may assign this Agreement or any of its rights and powers under it, with all or any part of the indebtedness guaranteed, and may assign to any such assignee any of the security for the indebtedness. In the event of such assignment, the assignee shall have the same rights and remedies as if originally named in this Agreement in place of Lender, and the Lender shall thereafter be fully discharged from all responsibility with respect to any such indebtedness so assigned. G. Unless expressly limited by specific writing as set forth in this Guaranty Agreement, it is understood to be unlimited in amount. If limited to a fixed amount or percentage of any indebtedness, it is understood the limit means a fixed amount or percentage of any indebtedness remaining after application of the actual proceeds of the disposition of any security to any unguaranteed portion of the indebtedness. Guarantor's Habeilities and obligations under this Guaranty shall be limited to the following described promissory note(s) and agreement(s) between Debtor and Lender evidencing the indebtedness, together with all interest and all of Lender's expenses and costs (including, but not limited to attorney's fee and other costs incurred by Lender to collect the indebtedness and/or to protect, maintain, or operate any collateral given as security for the indebtedness, or preserve the priority of Lender's lien thereon or security interest therein) incurred in connection with the indebtedness including any amendments, extensions, modifications, renewals, replacements or substitutions thereto: H. Until the indebtedness of the Debtor have been paid in full, the undersigned agrees to provide to the Lender from time to time upon demand such financial statements, copies of tax returns, and other information as to the undersigned as the Lender may reasonably require. I. Any deposits or other sums credited by or due from the Lender to the undersigned may be set off against any and all liabilities of the undersigned to the Lender arising under the terms of this Guaranty Agreement. The rights granted by this paragraph shall be in addition to the rights of the Lender under any statutory banker's lien or common law right of offset. ADDITIONAL PROVISIONS ON REVERSE SIDE GUARANTORS' SIGNATURE(S) __________________________ Manoj Mohan J. Until the obligations of the Debtor have been paid in full, the undersigned specifically waives all rights of subrogation to the rights of the Lender, any claim to any security or its value to which the Lender has recourse, and all rights of reimbursement or contribution from other parties, whether principals or sureties, accommodation parties or guarantors. K. The undersigned may, only by written notice given to and received by Lender, withdraw only from liability for additional indebtedness of Debtor accepted by or incurred to Lender after the time of receipt of such notice by Lender. The liability and other agreements of the undersigned shall not be otherwise affected but shall continue until all indebtedness, including loan commitments, existing at the time of the receipt of such notice, and renewals or extensions of indebtedness to which the undersigned consents, is fully paid. After any such revocation, Lender may exercise any rights granted in this Agreement without releasing the undersigned from liability. L. Notwithstanding the provisions of any note or obligation to which this Guaranty Agreement applies, it is the intention of the parties, and it is here provided, that a Guarantor shall not be liable for interest charges in excess of the maximum amount permitted under the law applicable to this Guaranty Agreement. M. The undersigned specifically waives any right to setoff under 12 O.S. sec. 686, 15 O.S. sec. 341, or any like statutes, and agree that the Lender may apply the actual proceeds from the disposition of any security first to any unguaranteed portion of the indebtedness. Any party to this Guaranty Agreement has right to waive trial by jury and waives all objections to venue in any action instituted by the Lender arising out of this Guaranty Agreement. N. The undersigned waive, as of the date of this Guaranty Agreement, any claim, as such term is defined in the Federal Bankruptcy Code, which the undersigned might have or acquire against the Debtor arising from the existence or performance of the undersigned's obligations under this Guaranty Agreement, and to that extent that the undersigned is not a creditor of the Debtor. In addition to the waiver of the status of creditor, it is agreed that the indebtedness guaranteed under this Guaranty Agreement includes any portion of the indebtedness paid by the Debtor during the period of time within one year prior to the filing of any bankruptcy, reorganization or insolvency proceeding by or against either Debtor and/or any payment made by the Debtor to the Lender is determined to be avoidable under applicable state law or the Federal Bankruptcy Code, to that extent, if demanded by the Lender, this Guaranty Agreement is deemed to be reinstated to include the amount within the indebtedness under this Guaranty Agreement. O. The undersigned, by signing below, acknowledge having read this Guaranty Agreement, having reviewed it to the extent desired with their legal counsel, and receiving a copy of it and also receiving an explanation of any questions. The undersigned also have read any cosigner notice provided by Lender. The undersigned understand that the undersigned may have to pay any indebtedness or obligation covered by this Guaranty Agreement in the event the Debtor fails or refuses to do so. The undersigned also represent that they are aware of the financial condition of Debtor and acknowledge a responsibility to maintain a close watch on that financial condition as long as this Guaranty Agreement is outstanding and that they are not relying on the Lender to provide information on the Debtor's financial condition, now or in the future. P. This Guaranty and the obligations evidenced in it are to be construed and governed by the laws of the state indicated in the address of Lender shown above. Q. This Guaranty Agreement constitutes the entire agreement between the parties with respect to the obligations of the undersigned and the rights of the Lender under this Guaranty Agreement. This Guaranty Agreement cannot be amended except by an agreement in writing signed by both the undersigned and the Lender. No conditions affect the effectiveness or enforcement of this Guaranty Agreement except as stated in this Guaranty Agreement. Regardless of any other provision of this Guaranty Agreement, under the contract, and unless otherwise specifically provided for in this Guaranty Agreement, all other obligations of the undersigned to Lender evidenced by a note, loan agreement, guaranty or any other written agreement remain in force and effect. DCON: 2A0C96288146C788D7257F9CEB97BBB SECURITY AGREEMENT DEBTOR'S NAME(S) AND ADDRESS | SECURED PARTY'S NAME AND ADDRESS Jal Salabba Enterprises LLC | First National Bank & Trust Company of Okmulgee 3112 West Fir | PO Box 1037 Perry, OK 73077 | Okmulgee, OK 74447 DATE OF AGREEMENT: 03/14/2022 I. GRANT OF SECURITY INTEREST. For value received, the undersigned (referred to as "Debtor" whether one or more) hereby assigns and grants to Secured Party named above a security interest in the Collateral described below to secure the payment of the "Indebtedness" (as defined below) and performance of all Debtor's obligations and agreements in this Agreement or other documents evidencing the Indebtedness. Any term used in the Uniform Commercial Code, as adopted and revised from time to time in the State of Oklahoma ("UCC"), and not defined in this Agreement shall have the meaning given to the term in the UCC. Debtor's location (if other than the address reflected above ) is in the state of Oklahoma__________. II. SECURED INDEBTEDNESS. [Check applicable boxes] The security interest granted under this Agreement secures the following "Indebtedness" which: ☒ Debtor □ Borrower as "Borrower" owes to Secured Party: ☐ Specific Debt. The following debt(s) of Borrower and all extensions, renewals, deferrals, modifications, and replacements: ☐ All Debts. All liabilities of Borrower to Secured Party of every kind or description, including: all promissory notes from Borrower to Secured Party; all future advances from Secured Party to Borrower; direct or indirect liabilities; liabilities due or to become due and whether absolute or contingent; liabilities now existing or hereafter arising and however evidenced; all extensions, renewals, deferrals, modifications and replacements of liabilities of Borrower to Secured Party for any term or terms; all interest and other finance charges due or to become due on the liabilities of Borrower to Secured Party; and "Indebtedness" also includes expenditures by Secured Party involving performance or enforcement of agreements, obligations, covenants and warranties in this Agreement or any other agreement between Borrower and Secured Party; and all costs, attorneys' fees and other expenditures of Secured Party in collection and enforcement of any obligation or liability of Borrower to Secured Party and in the collection and enforcement, sale or other liquidation of any of the Collateral. III. DESCRIPTION OF COLLATERAL. The "Collateral" shall include: Accounts: All rights to payment, whether or not earned by performance, including, but not limited to, payment for property or services sold, leased, rented, licensed, or assigned. This includes any rights and interests (including all liens) which Debtor may have by law or agreement against any account debtor or obligor of Debtor. Equipment: All equipment including, but not limited to, machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop equipment, office and record keeping equipment, parts, and tools. The property includes any equipment described in a list or schedule Debtor gives to Secured Party, but such a list is not necessary to create or perfect a valid security interest in any of Debtor's equipment. General Intangibles: All general intangibles including, but not limited to, tax refunds, patents and applications for patents, copyrights, trademarks, trade secrets, goodwill, trade names, customer lists, permits and franchises, payment intangibles, computer programs and all supporting information provided in connection with a transaction relating to computer programs, and the right to use Debtor's name. Inventory: All inventory held for ultimate sale or lease, or which has been or will be supplied under contracts of service, or which are raw materials, work in process, or materials used or consumed in Debtor's business. This term "Collateral" also includes to the extent not listed above as original collateral: (1) After-acquired Property: After-acquired property; provided, however, the security interest will not attach to (a) consumer goods, other than an accession, when given as additional security, unless the Debtor acquires rights within 10 days after the Secured Party gives value, or (b) a commercial tort claim. (2) Proceeds. Proceeds, products, additions, substitutions, and replacement of the Collateral. (3) Deposits. Unless prohibited by law, any property (excluding Individual Retirement Accounts and other deferred retirement accounts), tangible or intangible, in possession of Secured Party at any time during the term of this Agreement, or any interest due from Secured Party to Debtor and any deposit or credit balances due from Secured Party to Debtor, and Secured Party may at any time apply the whole or any part of the Indebtedness remains unpaid, whether before or after maturity thereof, be appropriated, held or applied toward payment of the Indebtedness or any obligation of Debtor to Secured Party. IV. GENERAL PROVISIONS. 1. WAIVERS. No act, delay or omission, including Secured Party's written express waiver of a remedy after any default under this Agreement, shall constitute a waiver of any of Secured Party's rights and remedies not expressly waived in writing under this Agreement or any other agreement between the parties. All of Secured Party's rights and remedies are cumulative and may be exercised singly or together. The waiver or exercise of any one or more rights or remedies will not be a waiver or a bar to the exercise of any other rights or remedies upon any subsequent default. No waiver, change, modification or amendment of any of Secured Party's rights, powers or Debtor's duties as specified or allowed by this Agreement can be made unless in writing signed by a duly authorized officer of Secured Party. Acceptance of any partial or late payment shall not operate as a waiver of compliance of this Agreement or impose any additional notification duties upon Secured Party. Debtor and all other signers, makers, guarantors, waive presentation, notice of dishonored checks, protest of checks, default, notice of intention to accelerate and notice of acceleration and consent to any and all extensions of time for any term or terms requiring payment due, partial payments, or renewals before or after maturity. Debtor and all other signers,including guarantors, further consent to substitution, impairment, release or nonperfection with respect to the Collateral, and the addition or release of or agreement not to sue any party or guarantor. 2. AGREEMENT BINDING ON ASSIGNS. This Agreement inures to the benefit of Secured Party's successors and assigns, and is binding upon Debtor's heirs, executors, administrators, representatives, successors and assignees (and all persons who become bound as a debtor to this Security Agreement), but no person signing this Agreement representing Debtor has any rights under any instrument or document secured by this Agreement. 3. CHANGES IN TERMS. Secured Party reserves the right to change any of the terms of this Agreement in accordance with applicable law and the provisions of this Agreement. 4. TERM OF AGREEMENT. This Agreement, and the security interest created by this Agreement, will continue in force until all of the Indebtedness is paid in full, unless the security interest created by this Agreement is earlier released by Secured Party in writing. 5. RIGHTS OF SECURED PARTY ASSIGNABLE. Secured Party, at any time and at its option, may pledge, transfer or assign its rights under this Agreement in whole or in part, and any transferee or assignee shall have all Secured Party's rights or the parts of them so pledged, transferred or assigned. Debtor's rights under this Agreement or in the Collateral may not be assigned without Secured Party's prior written consent. 6. JOINT AND SEVERAL RESPONSIBILITY OF DEBTOR AND SURETIES. The responsibilities of Debtor and each surety, endorser or accommodation party under this Agreement are joint and several, and the references to Debtor in this Agreement shall be deemed to refer to such each person, including any person who pledges Collateral even if such pledgor is otherwise liable under any promissory note, guaranty or other instrument secured by this Agreement. 7. SEPARABILITY OF PROVISIONS. If any provision of this Agreement shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid or unenforceable provision had never existed. 8. GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of Oklahoma except in the extent that the UCC provides for application of the law where the Debtor or the collateral is located (if other than Oklahoma) as the case may be. 9. ENTIRE AGREEMENT. This Agreement, together with any mortgage of real estate which may be Collateral, constitutes the entire agreement between the parties with respect to the subjects addressed herein. This Agreement may be amended or modified only by a writing signed by Secured Party specifying that it is a modification, amendment or addition to this Agreement. 10. EVENTS OF DEFAULT. Debtor shall be in default under this Agreement upon the happening of one or more of the following events or conditions, called "Events of Default": in this Agreement: 1. If any warranty, representations, representation, financial information or statement made or furnished to Secured Party by Debtor (Borrower (if different from Debtor) any guarantor or surety, or otherwise to induce Secured Party to enter into this Agreement, or in conjunction with it, is violated or proves to have been false in any material respect when made or furnished. 2. If any payment required in this Agreement or under any other agreement or obligation of Borrower to Secured Party or to others is not made when due or in accordance with the terms of the applicable contract 3. If Debtor defaults in the performance of any covenant, obligation, warranty, or provision contained in this Agreement or any agreement, mortgage or obligation of Debtor to Secured Party or to others, including without limitation Debtor's failure to insure the Collateral or unlawful use of the Collateral. 4. If any event or condition exists which results in acceleration of the maturity of any obligation of Borrower to Secured Party or to others on any note, mortgage, indenture, agreement, or undertaking. 5. If anyone makes any levy against or seizes, attachment attaches any of the Collateral; if Debtor consensually encumbers any of the Collateral; or if Debtor sells, leases, or otherwise disposes of any of the Collateral without Secured Party's prior written consent as required by this Agreement or any mortgage executed in connection with this Agreement. 6. If the Collateral is lost, stolen, substantially damaged or destroyed. 7. If, in Secured Party's judgment, the Collateral becomes unsatisfactory or insufficient in character or value, and upon request Debtor fails to provide additional Collateral as required by Secured Party. 8. If at any time Secured Party, in its sole discretion, believes the prospect of payment or performance of any duty, covenant, warranty or obligation secured by this Agreement is impaired. 9. If Debtor, Borrower (if not the same) or any guarantor or surety dies, dissolves, terminates existence, or becomes insolvent; if a receiver is appointed over all or any Debtor's property or any part of the Collateral; if Debtor makes an assignment for the benefit of creditors; or if any proceeding is commenced under any bankruptcy or insolvency law by or against Debtor or any guarantor or surety for Debtor 10. If the Collateral is removed from the location specified in this Agreement or in a separate notice to Secured Party without Secured Party's prior written consent, except for temporary periods in the normal and customary use of the Collateral. 11. Secured Party shall receive at any time following the Closing a filing office report indicating that Secured Party's security interest is not prior to all other security interests or other interests reflected in the report. V. ADDITIONAL PROVISIONS. Debtor specifically agrees to the "Additional Provisions" on the reverse side of this Agreement. SECURED PARTY'S SIGNATURE First National Bank & Trust Company of Okmulgee DEBTOR(S) SIGNATURE(S) By: Jared Cahill, Executive Vice President Mohan Madji, Manager of Jal Salabba Enterprises LLC ADDITIONAL PROVISIONS DEBTOR EXPRESSLY REPRESENTS, WARRANTS, COVENANTS AND AGREES: OCN : 2ADC96288146C7B607257F9CE8E97BBD REPRESENTATIONS, WARRANTIES AND COVENANTS 1. FINANCIAL INFORMATION. All applications, balance sheets, earnings statements, and other financial information and representations which have been, or may later be, furnished to Secured Party to induce it to enter into or continue a financial transaction with Debtor fully represent Debtor’s financial condition as of the date and for the period shown in such documents. All information furnished to Secured Party at any time and in any form, including statements, reports, letters, documents, accounts, schedules, certificates, analyses and other information, will be true and correct; Debtor will provide Secured Party with such additional information about Debtor’s business, financial condition, property or affairs as Secured Party may request. Debtor agrees that Secured Party has no duty or obligation to investigate or verify any of the representations contained herein or in any documents furnished to Secured Party by Debtor or on behalf of Debtor, nor does Secured Party make any warranty regarding the truth, accuracy or completeness of Debtor’s financial statements, reports, letters, documents, accounts, schedules, certificates, analyses and other information. Debtor is responsible for all information, whether correct or incorrect, contained in or relating to the Collateral. Debtor authorizes Secured Party to rely upon all statements made by Debtor, or on behalf of Debtor, and any representations of Debtor or any person acting for Debtor, and non-conformity of the Collateral to representations hereof shall not affect Debtor’s liability hereunder. 2. INFORMATION ON COLLATERAL. Debtor will furnish to Secured Party information adequate to identify the Collateral and at a frequency agreed to Secured Party may request Debtor also will deliver to Secured Party, upon request, true copies of purchase orders, shipping, delivery and warehouse receipts, invoices evidencing and describing the Collateral, as well as true copies of all contracts to furnish goods or services to Debtor, true copies of all agreements to rent or lease property or equipment to Debtor, and reports and records of Secured Party’s security interest granted by this Agreement and enable Secured Party to receive proceeds and distributions from or interest in the Collateral. 3. OWNERSHIP FREE OF ENCUMBRANCES. Except for the security interest granted by this Agreement or by a mortgage executed in connection with this Agreement, and except for any security interest previously disclosed in writing to Secured Party, Debtor now owns, or will use the proceeds of the advances secured by this Agreement to become the owner of, the Collateral free and clear of all liens, security interests, encumbrances, claims and demands of persons claiming any interest in the Collateral adverse to Secured Party. Debtor will not permit any lien or security interest other than Secured Party’s a security interest granted by this Agreement and any other thing to be done that may impair the value of the Collateral or the security interest granted to Secured Party by Debtor. 4. FINANCING STATEMENTS. No Financing Statement or Like Entry Forms covering the Collateral or in its own right or in any respect in connection with this Agreement. Debtor authorizes Secured Party to file a financing statement covering the Collateral. Debtor agrees to join with Secured Party in executing one or more Later Entry Forms, Financing Statements, or Effective Financing Statements in form satisfactory to Secured Party and provide such other documents as may be required from time to time in order to evidence, perfect or continue perfection, or renew the security interest granted by this Agreement; and grant sufficient powers and grant to Secured Party a power of attorney to execute documents on Debtor’s behalf. A certified, photostatic or other reproduction of this Agreement or of any Financing Statement is sufficient as a Financing Statement. 5. LOCATION OF COLLATERAL, RECORDS, INVENTORY AND EQUIPMENT. Debtor gives Debtor Security Party written notice of each office or location at which the Collateral and Debtor’s records pertaining to the Collateral are kept. Debtor shall not be required to give such notice if all Collateral and all of Debtor’s records pertaining to the Collateral are kept at a single location. Debtor will notify Secured Party immediately of any change in any of the offices or locations of the Collateral, prior to the proposed effective date of such change. Debtor will not remove or permit removal of any part of the Collateral from the location specified in this Agreement without Secured Party’s consent, unless otherwise provided in this Agreement, and such removal shall be considered an Event of Default under this Agreement. 6. SALE, LEASE OR DISPOSITION OF COLLATERAL PROHIBITED. Except for sales of inventory in the ordinary course of business, Debtor shall not sell, mortgage, transfer, exchange, lease, hypothecate, assign, mortgage, grant any other security interest or otherwise dispose of all or any part of the Collateral or Debtor’s rights in it without first obtaining Secured Party’s written consent. Secured Party’s consent may be conditioned upon any required action by Debtor or another party. Any sale, lease or disposition of Collateral heretofore made by Debtor which Secured Party deems to be for the protection of its security interest. Secured Party’s consent will not be deemed to be effective unless and until such requirements and conditions have been fulfilled. Neither Debtor’s grant of a security interest in the proceeds of the Collateral nor any requirement that Debtor furnish financial or stock control or similar products, if applicable, shall be construed to mean that Secured Party consents to sale or any other disposition of the Collateral. 7. MAINTENANCE AND INSPECTION Debtor, at its own expense, shall (a) keep the Collateral in good condition and repair so that its value and operating efficiency shall be maintained and preserved; (b) not permit the Collateral to be mutilated, injured, wasted or destroyed; (c) not permit unauthorized persons to access to the Collateral unless specifically authorized; (d) promptly protect the Collateral against theft; (e) not permit its illegal use or its use in a manner not permitted or covered by the insurance on the Collateral required by this Agreement. Debtor shall comply promptly with all requirements of any government agency affecting the Collateral. Debtor shall, upon Secured Party’s request, deliver to Secured Party or its designee all books and records at all times keep accurate and complete books and records of transactions and information relating to the Collateral. Debtor grants to Secured Party the right and privilege of making such inspections of the Collateral and Debtor’s books and records as Secured Party may deem necessary, and Debtor will permit Secured Party to examine or audit such books and records, at any reasonable time and, upon request, contacting Debtor’s customers or suppliers in connection with such audit or verification. Debtor agrees to assist Secured Party in facilitating such audits, verifications and inspections. 8. TAXES AND FEES. Debtor shall pay promptly any and all taxes, assessments and like fees with respect to the Collateral at Debtor’s sole cost and expense, and if not so paid, Secured Party may pay them at Debtor’s expense, and Debtor shall make all such payments with respect to the reality when they are due. 9. AFFIXING TO REAL OR PERSONAL PROPERTY PROHIBITED. Unless Debtor has also granted Secured Party’s first priority mortgage to the Collateral, Debtor shall not permit any of the Collateral which is personal property to become an accession or affixed to other personal property or be attached or affixed to real property without first obtaining Secured Party’s written consent. Secured Party’s consent may be conditioned upon any required action by Debtor or another party. Any sale, lease or disposition of Collateral heretofore made by Debtor which Secured Party deems to be for the protection of its security interest. Secured Party’s consent will not be deemed to be effective unless and until such requirements and conditions have been fulfilled. (For instance, if Debtor acquires a new vehicle, Debtor must notify Secured Party within 10 days of the date of this Agreement). All policies of insurance shall be secured for at least 10 years” and all rights of Debtor under any policy of insurance issued by Secured Party or any other insurance company shall be assigned to Secured Party as security for the payment of the obligations secured hereby. Debtor’s power of attorney to procure insurance shall, subject to Section 6.4(1) of this Agreement, be automatically terminated. Debtor also grants to Secured Party a security interest in the proceeds of any insurance policies taken out by Debtor in connection with the Collateral. Debtor authorizes Secured Party to negotiate any such policies as Secured Party directs. Debtor waives its right to by-pass Secured Party’s consent to any such policy or as granted hereunder. 10. INSURANCE ON THE COLLATERAL. While any of the Indebtedness remain outstanding and throughout the full term of this Agreement, Debtor shall maintain and pay for insurance on all Collateral wherever located, including but not limited to, automobile insurance, life insurance, equipment coverage and other documents. Such insurance shall be purchased through any person of Debtor’s choice, with companies acceptable to Secured Party, against such carriers, hazards, public liability and other risks, and in such amounts as prudent and prudent commercial practice requires. Debtor will notify Secured Party of any cancellation or expiration of any single interest insurance, or certified copies of such policies evidencing the insurance coverage shall be furnished to Secured Party within 10 days of the date of this Agreement. All policies of insurance shall be secured for at least 10 years” and all rights of Debtor under any policy of insurance issued by Secured Party or any other insurance company shall be assigned to Secured Party as security for the payment of the obligations secured hereby. 11. EXPENDITURES BY SECURED PARTY. At its option, and after any written notice sent to Debtor required by law, Secured Party may, but shall not be liable for failure to do so, take any action reasonably necessary to protect and preserve the Collateral, and/or (c) maintain or reassemble the Collateral Debtor shall be liable and agrees to reimburse Secured Party promptly for all costs, attorneys fees and other disbursements made by Secured Party as allowed by law or provided for in this Agreement in enforcing or collecting any note, warranty, or liability of Debtor or Third Parties, or in realizing on or disposing of any Collateral or proceeds thereof; provided however, that such amount owed by Debtor shall be considered part of Debtor’s liability to Secured Party until Debtor reimburses Secured Party for the amount provided for in this paragraph; such amounts shall be considered part of Debtor’s liability to Secured Party. 12. OTHER OBLIGATIONS OF DEBTOR. Debtor will indemnify Secured Party against all losses, costs, expenses and liabilities incurred by Secured Party which arise directly or indirectly out of this Agreement or the transactions contemplated hereby, or the breach or violation by Debtor of Debtor’s obligations hereunder; provided however, that Secured Party may not assert a claim for indemnity under this section for any act or omission by Debtor which is caused by Debtor’s bad faith. 13. CONTROL. Debtor will cooperate with Secured Party in obtaining control with respect to Collateral consisting of: deposit accounts, investment property, mini-truck title, certificate of deposit. 14. CHATTEL PAPER. If the Collateral included chattel paper, Debtor will not create any chattel paper without placing a legend on the chattel paper acceptable to Secured Party indicating that Secured Party has a security interest in such chattel paper. 15. PURCHASE MONEY SECURITY INTEREST. To the extent Debtor uses the Indebtedness to purchase Collateral, Secured Party’s repayment of the Indebtedness shall apply on a “first-in-first-out” basis so that the portion of the Indebtedness used to purchase a particular item of Collateral shall be paid in the chronological order the Debtor purchased the Collateral. 16. DEBTOR’S NAME AND LOCATION. Debtor’s exact legal name is as set forth on the reverse side of this Agreement. If Debtor is an individual, Debtor’s principal residence is at Debtor’s address as set forth below. If Debtor is an entity, Debtor’s principal residence is at the time reflected in this Agreement the principal place of business or organization, as the case may be) in the state reflected in Debtor’s address or otherwise set forth on the reverse side of this Agreement. Until the Indebtedness is paid in full, Debtor agrees that it will not change its location (for example, its main or incorporated) or its legal name without providing Secured Party 30 days’ written notice. 17. DEBTOR’S COOPERATION. In addition to Debtor’s other obligations and agreements in this Agreement and Secured Party’s remedies, Debtor agrees and promises to do all acts which Secured Party deems reasonably or necessary to preserve or protect the Collateral, including, without limitation, the following: (a) FARM PRODUCTS. If the Collateral includes “farm products,” Debtor agrees to execute and deliver to Secured Party, upon Secured Party’s request, any and all documents necessary to perfect its security interest in farm products. Debtor agrees to forward to Secured Party a list of the names and addresses of the buyers, commission merchants, and selling agents to or through whom Debtor sells all the farm products and agrees to keep such list current. Debtor agrees to notify Secured Party of any changes in such list promptly. If any of the farm products are sold to or through any person or entity not on the list, Debtor may be subject to a fine unless Secured Party was notified in writing at least 7 days prior to such sale, or unless all sale proceeds are remitted to Secured Party within 10 days after such sale. Debtor agrees to promptly notify Secured Party of all arrangements required by law, the name of Secured Party and a statement that Secured Party holds a security interest in the farm products listed on the certificate. (b) LIVESTOCK. If the farm products provisions of this Agreement relating to farm products, if the Collateral includes livestock, to the extent Secured Party deems it necessary to preserve the Collateral and upon Secured Party’s demand, with an appropriate credit for fair value, Debtor will make available to Secured Party all livestock or other animals in the Collateral, as the same exist at the time of demand. Upon demand, Debtor will cooperate with Secured Party and use Debtor’s best efforts to allow Secured Party use of all Debtor’s real estate, land and interest in or all water privileges, all other equipment used in the feeding and handling of the livestock, and the proceeds of the sale of the livestock. (c) CHATTEL PAPER, ACCOUNTS, INSTRUMENTS, DOCUMENTS, SECURITIES AND NOTES. If the Collateral is or becomes evidenced by chattel paper, accounts, instruments, documents, shares of stock or certificated securities, any and all such documents and such chattel paper, documents and certificated securities together with evidences, documents of any kind or character (including liquidating dividends), are secured cash, interest, or any other property by reason of ownership of the Collateral, the Collateral shall include all such property and, unless Secured Party provides otherwise, Debtor immediately shall deliver such items of property and such items shall be delivered to Secured Party or its order. Secured Party will hold such proceeds and property in the same manner as the Collateral originally pledged under this Agreement. Secured Party, at its option, may permit such proceeds to be received and retained by Debtor, but Secured Party may at any time demand that Debtor deliver such items to Secured Party. Debtor authorizes Secured Party to enforce all such secured interests by taking possession of the Collateral, or to sell such Collateral and retain the proceeds of such sale or by pursuing any other remedy described in this paragraph. Debtor also agrees to execute and deliver such financing statements and other documents required by Secured Party to perfect or perfect the assignment, pledge transfer and grant of such rights or property. Upon demand, Debtor authorizes Secured Party to release any such easements, encroachments or other conveyances executed by Debtor, Debtor waives presentment, demand, notice of dishonor, protest and notice of protest, and all other notices with respect to such conveyances. If the Collateral includes livestock, Debtor hereby assigns all receivables thereon to Secured Party and waives protest. Debtor waives presentment, demand, notice of dishonor, protest and notice of protest, and all other notices with respect to such assignments. If the Collateral includes chattel paper, chattel papers received by Debtor or Secured Party shall be assigned by Debtor to Secured Party or its order and Secured Party will not make demand upon Debtor or assign it by way of security or otherwise without Secured Party’s prior express consent in writing, which consent Secured Party is under no obligation to give. (d) CASE AND OTHER REMITTANCES. Upon demand of and as specified by Secured Party, when Debtor receives any checks, trade acceptances, drafts, cash, or other remittances, in payment of accounts or other Collateral or as proceeds of unexpired or other Collateral, Debtor shall apply the same directly on the accounts of Secured Party and Secured Party’s deposit account. The accounts of Secured Party and from which Secured Party has the power of withdrawal. If Secured Party so requires, Debtor will promptly notify Secured Party of such applications or deposits, identifying in writing the source of such funds and Secured Party’s account number or other account designation, if any. The proceeds of such deposits held by Secured Party as security for all Debtor’s liabilities to Secured Party. Said proceeds shall be deposited in precisely the same manner, except for Debtor’s endorsement where necessary to permit collection of such items, as Secured Party shall specify. If Debtor fails to make demand upon Secured Party or fails to transmit to Secured Party any such checks, drafts, cash or other remittances, will not be considered with any of Debtor’s other Collateral. Debtor authorizes Secured Party to negotiate any such items or otherwise dispose of the proceeds of such remittance or other Collateral and any resulting proceeds. With respect to all proceeds covered by this Agreement, Debtor represents that (i) on set-off or completion date or shall be permitted to be offset by Debtor, Secured Party shall have the right to collect such proceeds and (ii) no payments have been or shall be made except as revealed to Secured Party by Debtor or as otherwise received by Secured Party. All proceeds where the right to payment has not yet been earned by performance shall be evidenced by a written instrument signed by Debtor evidencing the amount of such payment. Secured Party has the right to demand payment by Secured Party and Secured Party may take control of all proceeds, any right to demand payment by Secured Party may expire at any time. Until such time as Secured Party demands such right, Debtor REAL ESTATE MORTGAGE WITH POWER OF SALE (INDIVIDUAL - CONSUMER) KNOW ALL PERSONS BY THESE PRESENTS that: Jai Saibaba Enterprises Inc, a Corporation (called "Mortgagor," whether one or more) mortgages to: First National Bank & Trust Company Of Okmulgee, 810 East 8th, Okmulgee, OK 74447 (called "Mortgagee," whether one or more and which term shall be construed to include Mortgagee's successors and assigns) the following described real estate and premises located in NOBLE County, State of Oklahoma: See Exhibit A Property Address: 3112 W Fir St, Perry, OK 73077 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 (collectively referred to as the "Mortgaged Property"). This mortgage creates a security interest in the Mortgaged Property and like kind future property from the time this Mortgage is granted. Mortgagor warrants the title to the Mortgaged Property. This Mortgage is given by Mortgagor to Mortgagee to secure the full payment and performance of the indebtedness evidenced by the following described promissory Note(s) (the "Note," whether one or more) and any modifications, renewals or substitutions of the Note, as well as any other amounts owing to Mortgagee under the terms of this Mortgage (collectively, the "Debt"): Promissory note dated 01/16/2009., in the name of Jai Saibaba Enterprises Inc, with note number of 423523801, in the amount of $3,786,552.00. Mortgagor further agrees (a) to pay and discharge all taxes and assessments on the Mortgaged Property before they become delinquent; (b) to keep all the Mortgaged Property insured under policies which are acceptable to, and for the benefit of, Mortgagee; (c) to cure all title defects or clouds on or claims against Mortgagor's title which may arise or be discovered; (d) to keep the Mortgaged Property in good condition and repair, and to repair or replace any damaged or destroyed Mortgaged Property; and (e) to discharge any levies, liens, attachments, or other claims which may be asserted against the Mortgaged Property. Mortgagee also agrees with respect to the Mortgaged Property to comply with all environmental laws and regulations now in force or later promulgated and to disclose to Mortgagee upon request all information regarding the environmental status of the Mortgaged Property. Mortgagee grants Mortgagee the right to acquire additional environmental information regarding the Mortgaged Property. Mortgagee also grants Mortgagee or its agents a license to enter onto the Mortgaged Property and inspect it for any reason and further agrees to indemnify Mortgagee for any liability associated with the Mortgaged Property. The discovery of undisclosed environmental hazards on the Mortgaged Property may at the option of Mortgagee be considered an Event of Default under this Mortgage. If the Mortgaged Property is Mortgagor's homestead and a Mortgagor is the spouse of another Mortgagor or the Borrower identified in the Note but is not obligated under the Note and is only signing this Mortgage to satisfy the requirements of Title 16 Okla. Stat. § 4 (which requires a spouse to sign a mortgage on homestead property), then such Mortgagor is not obligated under the provisions of the immediately preceding paragraph and is only signing this Mortgage to convey his or her interest in the Mortgaged Property. If Mortgagee fails to fulfill the agreements in the Mortgage, Mortgagee may purchase insurance or pay taxes, assessments or other liens and appropriate sums to protect the Mortgaged Property, and shall have a lien secured by this Mortgage for the amount of those sums with interest at the rate on the Note secured by this Mortgage except as otherwise provided in the Note. If Mortgagee is required to first give Mortgagor notice, notice mailed or delivered at least 5 days before action is taken will be considered reasonable. Mortgagor confers on mortgagee or its attorney or agent the power to sell the Mortgaged Property and the interests of all persons in it in the manner provided in the Oklahoma Power of Sale Mortgage Foreclosure Act (Title 46 Okla. Stat.§ 46fr sec). On the occurrence of an Event of Default (as described in this Mortgage), Mortgagee may, at its option, accelerate payment of the Debt and all other indebtedness secured by this Mortgage so that all the Debt shall be immediately due and payable and may either exercise the Power of Sale or foreclose this Mortgage in a judicial foreclosure. The following are considered "Events of Default": (a) any default in payment of the Debt or performance under the Note; (b) Mortgagor fails to perform any covenant or agreement contained in this Mortgage or in any other indebtedness, obligation or agreement of the Mortgagor to Mortgagee or to another; (c) Mortgagor sells, conveys, transfers, hypothecates, or in any other manner ceases to be the owner or in possession of all or any portion of or interest in the Mortgaged Property, except as agreed to by Mortgagee in writing or as permitted under applicable law; or (d) Mortgagee believes the prospect of payment under the Note is impaired or the Mortgaged Property is in jeopardy. Subject to the provisions of the Oklahoma Power of Sale Mortgage Foreclosure Act, Mortgagee may accelerate payment of the Debt for the reasons stated in this Mortgage without notice to, or demand on, Mortgagor. As often as any action may be taken to foreclose this Mortgage or to exercise rights under the Power of Sale Mortgage Foreclosure Act, Mortgagor agrees to pay to Mortgagee an attorney's fee of 15% of the amount due or the actual amount of the attorney's fee, whichever is greater, in addition to other sums due, all of which shall be secured by this Mortgage except as otherwise provided in the Note. (Continued on reverse side hereof) If there is a foreclosure of this Mortgage other than by Power of Sale, Mortgagor waives appraisement of the Mortgaged Property, unless Mortgagee seeks an appraisal. Appraisal shall be at Mortgagee’s sole option, to be declared when the petition to foreclose is filed or when judgment is taken. Mortgagor understands and agrees that on Mortgagor’s default, a court may grant specific performance of Mortgagor’s agreements in this Mortgage, and Mortgagee will have the right to take possession of the Mortgaged Property by appointing a receiver as allowed by Title 12 Okla. Stat. § 1551.2(c) which authorizes appointment when a condition of a mortgage has not been performed and the mortgage provides for appointment of a receiver. The court may also appoint a receiver on any other ground specified in Title 12 Okla. Stat. § 1551. "A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW THE MORTGAGEE TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY THE MORTGAGOR UNDER THIS MORTGAGE." SIGNATURE(S) OF MORTGAGOR(S) Signed and Delivered on this Date: Date: 01/16/2009 By: Manoj Mohan, President of Jai Saibaba Enterprises Inc By: Dinesh M Patel, Vice President of Jai Saibaba Enterprises Inc ACKNOWLEDGMENT STATE OF OKLAHOMA COUNTY OF ___OKMULGEE______ } SS. The foregoing instrument was acknowledged before me on this __16___ day of ___January___ 2009 by Manoj Mohan, President and Dinesh M Patel, Vice President of Jai Saibaba Enterprises Inc., a corporation. TERESA HAVENS NOTARY PUBLIC My Commission Expires: 10-25-10 FORM: 05 07171 Copyright ©2005 American Bank Systems EXHIBIT "A" THE SURFACE AND THE SURFACE RIGHTS ONLY IN AND TO: (A) A tract of land situated in the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one North (21N), Range One West (1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the Northwest Quarter of Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THENCE West (589°99'28"W) on the North boundary line of the NW/4 of said Section 20 a distance of 863.00 feet to the POINT OF BEGINNING; THENCE continuing WEST (589°99'28"W) along said North boundary line a distance of 382.37 feet to the East boundary line of 32nd Street; THENCE South (589°43'32"E) along said East boundary line of said 32nd Street a distance of 381.50 feet; THENCE East (N89°53'28"E) a distance of 381.50 feet; THENCE North (N00°30'33"N) a distance of 126.75 feet; THENCE West (589°59'28"W) a distance of 19.03 feet; THENCE North (N00°00'37"W) a distance of 90.00 feet to the point of beginning, said tract containing 1,8873 acres, according, to the "Survey" of Jividen's Land Survey Co., Inc. dated 1-26-2008; AND; (B) A tract of land situated in the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one North (21N), Range One West (1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northwest Corner of the NW/4 of said Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THENCE West (589°99'28"W) on the North boundary line of said NW/4 of said Section 20 a distance of 863.00 feet; THENCE North (N00°30'32"E) a distance of 90.00 feet; THENCE EAST (N89°59'28"E) a distance of 19.03 feet; THENCE South (S00°38'33"E) a distance of 326.75 feet to the POINT OF BEGINNING; THENCE continuing SOUTH (S00°38'33"E) a distance of 193.73 feet; THENCE East (N89°59'28"E) a distance of 143.25 feet to a point on the East boundary line of 32nd Street; THENCE North (N00°30'32"E) along said East boundary line a distance of 143.25 feet; THENCE EAST (N89°59'28"E) a distance of 381.50 feet to the point of beginning, said tract containing 1,2582 acres, according to the "Survey" of Jividen's Land Survey Co., Inc. dated 1-16-2008; MORTGAGE MODIFICATION AGREEMENT This Mortgage Modification Agreement is entered into on this 3rd day of Oct. 2011, by and between JAI SAIBABA ENTERPRISES, LLC, successor by conversion to JAI SAIBABA ENTERPRISES, INC., (hereinafter the "Mortgagor") and FIRST NATIONAL BANK AND TRUST COMPANY OF OKMULGEE (hereinafter the "Mortgagee"). WHEREAS, on the 16th day of January, 2009, Jai Saibaba, Inc. granted unto Mortgagee a certain real estate mortgage (the "Mortgage") which was filed on January 23, 2009, and recorded in Book 658, Page 635, of the land records of County Clerk of Noble County, Oklahoma, to secure the principal amount of $3,786,552.00; and WHEREAS, said Mortgage created a mortgage lien upon certain real estate which is more particularly described as: A tract of land situated in the Northwest Quarter (NW-4) of Section Twenty (20), Township twenty-one (21) North, Range One (1) West, of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: Commencing at the Northeast Corner of the Northwest Quarter (NW-4) of Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; thence West (S89°59'28"W) on the North boundary line of the NW-4 of said Section 20 a distance of 863.00 feet to the Point of Beginning; thence continuing West (S89°59'28"W) along said North boundary line a distance of 362.37 feet to the East boundary line of 32nd Street; thence South (S01°21'05"E) along said East boundary line of said 32nd Street a distance of 216.75 feet; thence East (N89°59'28"E) a distance of 381.41 feet; thence North (N00°38'33"W) a distance of 126.75 feet; thence West (S89°59'28"W) a distance of 19.03 feet; thence North (N00°00'32"W) a distance of 90.00 feet to the point of beginning, said tract containing 1.8573 acres, according to the "Survey" of Jividen's Land Survey Co., Inc., dated 1-26-2008; and A tract of land situated in the Northwest Quarter (NW-4) of Section Twenty (20), Township twenty-one (21) North, Range One (1) West, of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: Commencing at the Northeast Corner of the NW-4 of said Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; thence West (S89°59'28"W) on the North boundary line of the said NW-4 of said Section 20 a distance of 863.00 feet; thence South (S00°00'32"E) 90.00 feet; thence East (N89°59'28"E) a distance of 19.03 feet; thence South (S00°38'33"E) a distance of 126.75 feet to the Point of Beginning; thence continuing South (S00°38'33") a distance of 143.26 feet; thence West (N89°59'28"W) a distance of 382.23 feet to a point on the East boundary line of 32nd Street; thence North (N00°21'05"E) along said East boundary line a distance of 143.25 feet; thence East (N89°59'28"E) a distance of 381.50 feet to the point of beginning, said tract containing 1.2558 acres, according to the "Survey" of Jividen's Land Survey Co., Inc., dated 1-26-2008; and WHEREAS, Mortgagor and Mortgagee desire to amend and modify the Mortgage for the purpose of decreasing the loan amount to $2,904,350.77. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the recent sufficiency and adequacy of which is hereby acknowledged by the parties hereto, it is agreed as follows: 1. Mortgagor and Mortgagee hereby agree to amend and modify the Mortgage, decreasing the loan amount to $2,904,350.77. 2. The parties hereto agree that the Mortgage and the amendment to real estate mortgage shall remain in full force and effect and shall be modified hereby only insofar as to the terms set forth above. IN WITNESS WHEREOF, we have executed this Agreement on the date first above written. "MORTGAGOR" Jai Saibaba Enterprises, LLC, successor by conversion to Jai Saibaba Enterprises, Inc. By: Dinesh M. Patel, Member/Manager By: Monj Mohanty Member/Manager STATE OF OKLAHOMA ) COUNTY OF okmulgee ) ss. This instrument was acknowledged before me on this 3rd day of Oct, 2011. Dinesh M. Patel and Manoj Mohan, as Members/Managers of Jai Saibaba Enterprises, LLC. My Commission Expires: ____________________________ (SEAL) Notary Public Cheri Harpe " " " " RATIFICATION OF MORTGAGE CORRECTED On the 18th day of January 2009, Jai Saibaba, Inc granted a Mortgage to First National Bank & Trust company of Okmulgee which was filed on January 23, 2009 and recorded in book 658 page 635 of the land records of the County Clerk of Noble County, Oklahoma which was later modified by a Mortgage Modification Agreement dated October 3, 2011 filed October 13, 2011 in book 704 at page 469 covering the property on Exhibit A. There have been numerous extensions of the original mortgage. Since the execution of the original mortgage, Jai Saibaba Enterprises, LLC is the successor by conversion to Jai Saibaba Enterprises Inc aka Jai Saibaba, Inc. Jai Saibaba Enterprises, LLC ratifies and confirms the original mortgage, the extensions thereto and modified therein in all respects. Dated this 6th day of November 2011. MORTGAGOR Jai Saibaba Enterprises LLC Successor by conversion to Jai Saibaba Enterprises, Inc. By Dinesh M. Patel, Member/Manager By Monoj Mohan, Member/Manager STATE OF OKLAHOMA ) COUNTY OF Okmulgee )SS. Before me the undersigned Notary Public in said County and State of this 16th day of November 2011 personally appeared Dinesh M. Patel, Member/Manager and Monoj Mohan, Member/Manager of Jae Saibaba Enterprises, LLC successor by conversion to Jai Saibaba Enterprises Inc. to me known to be the identical persons who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal the day and year above written. [Signature] Notary Public Commission expires: Commission number: REAL ESTATE MORTGAGE WITH POWER OF SALE KNOW ALL PERSONS BY THESE PRESENTS that: Jai Saibaba Enterprises Inc., a Corporation (called "Mortgagor," whether one or more) mortgages to: First National Bank & Trust Company Of Okmulgee, 610 East 8th, Okmulgee, OK 74447 (called "Mortgagee," whether one or more and which term shall be construed to include Mortgagee's successors and assigns) the following described real estate and premises located in NOBLE County, State of Oklahoma: See attached Exhibit A Property Address: 3112 W Fir St, Perry, OK 73077 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, and Mortgagor assigns and pledges all rents, issues, profits and income derived from the above real estate (collectively referred to as the "Mortgaged Property"). This Mortgage and assignment of rents, issues, profits and income derived from the Mortgaged Property creates a security interest in the Mortgaged Property and like kind future property from the time the Mortgage and assignment is granted even through enforcement of the assignment of rents, issues, profits and income may be delayed until default. Mortgagor warrants the title to the Mortgaged Property. This Mortgage is given to secure the payment and performance of all of the following (collectively, the "Debt"): (a) The indebtedness evidenced by the following described promissory Note(s) (the "Note," whether one or more) and any modifications, renewals or substitutions of the Note: Promissory note dated 07/26/2010,, in the name of Jai Saibaba Enterprises Inc., with note number of 423652802, in the amount of $390,081.00. With a maturity date of 07/25/2012. (b) All sums advanced or paid by Mortgagee on account of the failure of the Mortgagor to comply with the terms or covenants of this Mortgage or other documents signed by the Mortgagor; (c) All future loans and advances and all future renewals of loans which Mortgagee may make to Mortgagor or to the Debtor identified in the Note, if different from Mortgagor (the "Debtor"); and all other debts, obligations and liabilities of every kind and character of Mortgagor or Debtor now existing, whether or not explicitly referred to, or arising in the future in favor of Mortgagee, whether direct or indirect, absolute or contingent, or originally payable to Mortgagee or any other person; and any renewals or extensions; provided, however, if the Mortgaged Property includes Mortgagor's principal dwelling house and/or 1-4 family dwelling, the Mortgaged Property will not secure any future loan, advance, debt, obligation or liability taken or incurred principally for a personal, family or household purpose. Mortgagor further agrees (a) to pay and discharge all taxes and assessments on the Mortgaged Property before they become delinquent; (b) to keep all the Mortgaged Property and improvements insured and other policies which are acceptable to, and for the benefit of, the Mortgagee; (c) to care all title defects or clouds on or claims against Mortgagor's title which may arise or be discovered; (d) to keep all the Mortgaged Property in good condition and repair, and to repair or replace any damaged or destroyed Mortgaged Property; and (e) to defend, pay, settle, compromise, or other claims which may be asserted against the Mortgaged Property. Mortgagee also agrees with respect to the Mortgaged Property to comply with all environmental laws and regulations now in force or later promulgated and to disclose to Mortgagee at all times information regarding any environmental status of the Mortgaged Property. Mortgagee grants Mortgagee the right to acquire additional environmental information regarding the Mortgaged Property after an inspection by Mortgagee or its agents or invitees and to enter onto the Mortgaged Property and inspect it for any reason and further agrees to indemnify Mortgagee for any liability connected with the Mortgaged Property. The discovery of undisclosed environmental hazards on the Mortgaged Property may at option of Mortgagee be considered an Event of Default under this Mortgage. In the Event of the failure of the Mortgagor to fulfill the agreements of this paragraph, the Mortgagee may purchase insurance or pay taxes, assessments or other liens and appropriate sums to protect the Mortgaged Property, and shall have a lien secured by this Mortgage and assignments for the amount of these sums with interest on those amounts at the maximum rate of interest on any part of the Debt secured by this Mortgage and assignments. If the Mortgaged Property is Mortgagor's homestead and one of the Mortgagors is the spouse of another Mortgagor or the Borrower identified in the Note but is not obligated under this Note, and is only signing this Mortgage to satisfy the requirements of Title 16 Okla. Stat. § 4 (which requires a spouse to sign a mortgage on homestead property), then such Mortgagor is not obligated under the provisions of the immediately preceding paragraph and is only signing this Mortgage to convey his or her interest in the Mortgaged Property. If Mortgagee is required to give Mortgagor notice, notice mailed or delivered at least 5 days before action is taken will be considered reasonable. Mortgagor confers on Mortgagee or its attorney or agent the power to sell the Mortgaged Property and the interests of all persons in it in the manner provided in the Oklahoma Power of Sale Mortgage Foreclosure Act (Title 46 Okla. Stat. § 60 et seq.). On the occurrence of any Event of Default (as described in this Mortgage), Mortgagee may, at its option, accelerate payment of the Debt so that all the Debt shall be immediately due and payable and may either exercise the Power of Sale or foreclose this Mortgage in a judicial foreclosure. The following are considered "Events of Default": (a) any default in payment of the Debt or performance of the Note; (b) Mortgagee fails to perform any covenant or agreement contained in this Mortgage; (c) either indebtedness, obligation or agreement of the Mortgagor or any indebtedness or agreement of the Mortgagor assigned to Mortgagee by Mortgagee in any other manner ceases to be the owner or in possession of all or any part of or interest in the Mortgaged Property, except as agreed to by Mortgagee in writing or as permitted under applicable law; or (d) Mortgagee believes that the prospect of payment under the Note is impaired or the Mortgaged Property is in jeopardy. Subject to the provisions of the Oklahoma Power of Sale Mortgage Foreclosure Act, Mortgagee may accelerate payment of the Debt for the reasons stated in this Mortgage without notice to, or demand on, Mortgagor. The Mortgagor irrevocably appoints the Mortgagee its lawful attorney in fact, with Power of Attorney in its name and stead to collect any income, rents, issues and profits arising from or secured by the time that are due under each and all of the leases, contracts and agreements, written or verbal, now existing or existing in the future with reference to the Mortgaged Property. Upon such powers and subject to the limitations, restrictions, execution of Judgment sale or set-off of persons and intestacy as the Mortgagor would have. As often as any action may be taken to foreclose this Mortgage or to exercise rights under the Power of Sale of the Uniform Foreclosure Act, the Mortgagor agrees to pay an attorney's fee in addition thereto to the greater of a sum of not less than 15% of the amount due or the secured amount or ten dollars in addition to other sums due, which shall be secured by this Mortgage. If there is a foreclosure of this Mortgage other than by Power of Sale, Mortgagor waives appraisement of the Mortgaged Property unless Mortgagee seeks an appraisal. Appraisal shall be at the sole option of the Mortgagee to be purchased when the petition for foreclosure is filed or when judgment is taken. Mortgagor understands and agrees that on Mortgagor's default, a court may grant specific performance of Mortgagor's agreements in this Mortgage, and Mortgagor may have the right to take possession of the Mortgaged Property by having a receiver in accordance with Title 12 Okla. Stat. § 1531-260 which authorizes appointment of a receiver if a statute has not been performed and the mortgage provides for appointment of a receiver. The court may also appoint a receiver upon other grounds as specified in Title 12 Okla. Stat. § 1531. "A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW THE MORTGAGOR TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY THE MORTGAGOR UNDER THIS MORTGAGE." Signed and Delivered on this Date: Date: 07/28/2010 By: Manoj Mohan, President of Jal Saibabe Enterprises Inc By: Dinash M Patel, Vice President of Jal Saibabe Enterprises Inc STATE OF OKLAHOMA COUNTY OF OKMULGEE SS. The foregoing instrument was acknowledged before me on this 28 day of July 2010 by Manoj Mohan, President and Dinash M Patel, Vice President of Jal Saibabe Enterprises Inc. TERESA HAYNES NOTARY PUBLIC # 08010448 IN AND FOR STATE OF OKLAHOMA COUNTY OF OKMULGEE EXP. 10/28/10 EXHIBIT "A" THE SURFACE AND THE SURFACE RIGHTS ONLY IN AND TO: (A) A tract of land situated in the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one North (21N), Range One West (1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast corner of the Northwest Quarter of Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THENCE East (359°28'60") on the North boundary line of the NW/4 of said Section 20 a distance of 863.00 feet to the POINT OF BEGINNING; THENCE continuing WEST (589°59'28"W) along said North boundary line a distance of 362.37 feet to the East boundary line of 32nd Street; THENCE South (101°21'05"E) along said East boundary line of said 32nd Street a distance of 316.73 feet; THENCE East (N85°59'28"E) a distance of 381.50 feet; THENCE North (N03°01'33"N) a distance of 126.75 feet; THENCE West (S89°59'28"W) a distance of 19.03 feet; THENCE North (N08°00'32"W) a distance of 90.00 feet to the point of beginning, said tract containing 1.5873 acres, according to the "Survey" of Jividen's Land Survey Co. Inc., dated 1-26-2008; AND (B) A tract of land situated in the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one North (21N), Range One West (1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast corner of the Northwest Quarter of Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THENCE East (S89°59'28"E) along the North boundary line of the NW/4 of said Section 20 a distance of 863.00 feet; THENCE South (N08°00'32"W) a distance of 90.00 feet; THENCE EAST (N85°59'28"E) a distance of 19.03 feet; THENCE South (N03°01'33"N) a distance of 126.75 feet; THENCE West (S89°59'28"W) a distance of 163.66 feet; THENCE continuing SOUTH (150°38'13"S) distance of 148.25 feet to a point on the East boundary line of 32nd Street; THENCE South (N08°00'32"W) along said East boundary line a distance of 148.25 feet; THENCE EAST (N85°59'28"E) along said North boundary line of said 32nd Street; THENCE continuing said tract containing 1.2558 acres, according to the "survey" of Jividen's Land Survey Co. Inc. dated 1-26-2008; UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS (front and back) CAREFULLY A. NAME & PHONE OF CONTACT AT FILER (optional) Loan# 423522801 B. SEND ACKNOWLEDGMENT TO: (Name and Address) ✓ First National Bank & Trust Company Of Okmulgee P.O. Box 1037 Okmulgee, OK 74447 THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1. DEBTOR'S EXACT FULL LEGAL NAME -insert only one debtor name (1a or 1b) - do not abbreviate or combine names 1a. ORGANIZATION'S NAME Jai Saibaba Enterprises Inc OR 1b. INDIVIDUAL'S LAST NAME 1c. MAILING ADDRESS 701 S Van Buren 1d. SEE INSTRUCTIONS ADD'L INFO RE ORGANIZATION DEBTOR 1e. TYPE OF ORGANIZATION Corporation 1f. JURISDICTION OF ORGANIZATION 1g. ORGANIZATIONAL ID #, if any NONE 2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME. Insert only one debtor name (2a or 2b) - do not abbreviate or combine names 2a. ORGANIZATION'S NAME OR 2b. INDIVIDUAL'S LAST NAME 2c. MAILING ADDRESS 2d. SEE INSTRUCTIONS ADD'L INFO RE ORGANIZATION DEBTOR 2e. TYPE OF ORGANIZATION 2f. JURISDICTION OF ORGANIZATION 2g. ORGANIZATIONAL ID #, if any NONE 3. SECURED PARTY'S NAME (for NAME of TOTAL ASSIGNEE OR ASSIGNOR S/P) - insert only one secured party name (3a or 3b) 3a. ORGANIZATION'S NAME First National Bank & Trust Company Of Okmulgee OR 3b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 3c. MAILING ADDRESS P.O. Box 1037 CITY Okmulgee STATE OK POSTAL CODE 74447 COUNTRY USA 4. This FINANCING STATEMENT covers the following collateral: All equipment of whatever kind or nature, wherever located, now owned or hereafter acquired, and all returns, repossessions, exchanges, substitutions, replacements, attachments, parts, accessories, and accessions thereto and thereof and all proceeds thereof, (whether in the form of cash, instruments, chattel paper, general intangibles, accounts or otherwise). All debtor's furniture and fixtures of every kind, type or description, whether now owned or hereafter acquired. Fixtures are to be filed of record. This account is in the real estate records of the register's office of OKMULGEE County. These goods are affixed (or will be affixed) to real property more specifically described in Exhibit A. 5. ALTERNATIVE DESIGNATION (if applicable) LESSEE/LESSOR CONSIGNEE/CONSIGNOR BAILEE/BAILOR SELLER/BUYER AG. LIEN NON-UCC FILING 6. ✓ The FINANCING STATEMENT is to be filed (for record) or recorded in the REAL ESTATE RECORDS. Attach Addendum (if applicable) 7. Check to REQUEST SEARCH REPORT(S) on Debtors (ADDITIONAL FEE) (optional) ☐ All Debtors ☐ Debtor 1 ☐ Debtor 2 8. OPTIONAL FILER REFERENCE DATA FILING OFFICE COPY-NATIONAL UCC FINANCING STATEMENT (FORM UCC1) (REV. 05/22/02) EXHIBIT “A” THE SURFACE AND THE SURFACE RIGHTS ONLY IN AND TO: (A) A tract of land situated in the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one North (21N), Range One West (1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the Northwest Quarter of Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THEN West (S89°59'28"W) on the North boundary line of the NW/4 of said Section 20 a distance of 863.00 feet to the POINT OF BEGINNING; THENCE continuing WEST (S89°59'28"W) along said North boundary line a distance of 363.37 feet to the East boundary line of 32nd Street; THENCE South (S01°21'05"E) along said East boundary line of said 32nd Street a distance of 216.75 feet; THENCE East (N98°59'28"E) a distance of 381.50 feet; THENCE North (N00°38'33"N) a distance of 126.75 feet; THENCE West (S89°59'28"W) a distance of 19.05 feet; THENCE North (N00°03'32"W) a distance of 90.00 feet to the point of beginning, said tract containing 1.8573 acres, according to the "Survey" of Jividen's Land Survey Co., Inc. dated 1-26-2008; AND, (B) A tract of land situated in the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one North (21N), Range One West (1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the NW/4 of said Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THENCE West (S89°59'28"W) on the North boundary line of the NW/4 of said Section 20 a distance of 863.00 feet; THENCE South (S00°39'32"E) a distance of 363.00 feet; THENCE EAST (N89°59'28"E) a distance of 19.05 feet; THENCE South (S00°38'33"E) a distance of 126.75 feet to the POINT OF BEGINNING; THENCE continuing SOUTH (S00°38'33"E) a distance of 183.23 feet; THENCE WEST (N00°59'28"W) a distance of 382.23 feet to a point on the East boundary line of 32nd Street; THENCE North (N00°21'05"E) along said East boundary line a distance of 143.25 feet; THENCE EAST (N00°59'28"E) a distance of 381.50 feet, to the point of beginning, said tract containing 1.5558 acres, according to the "Survey" of Jividen's Land Survey Co., Inc. dated 1-18-2008; Teresa Haynes From: Oklahoma County UCC System [[email protected]] Sent: Thursday, January 22, 2009 11:08 AM To: [email protected] Subject: Oklahoma County EU1 Filing Acceptance Oklahoma County UCC Central Filing Office 320 Robert S. Kerr, Suite 107 Oklahoma City, OK 73102 Telephone: 1-405-713-1521 Fax: 1-405-713-1810 EU1 Filing Control Number: 423523801 Oklahoma County Number: E2009000686637 01/22/2009 11:08:08 AM Payment Method: ACH Transaction Number: 10977365 Account/Check Number: 103101107 - 14464 Debtor (1) Debtor Name: JAI SAIBABA ENTERPRISES INC Contact Name: MANOJ MOHAN Type of Organization: Jurisdiction of Organization: Organizational ID: Mailing Address: 701 S VAN BUREN City: ENID State: OK Zip Code: 73701 Country: USA Secured Party (1) Company Name: FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE Contact Name: TERESA YARBROUGH Mailing Address: 610 E 8TH City: OKMULGEE State: OK Zip Code: 74447 Country: USA Description of Collateral: ALL EQUIPMENT OF WHATEVER KIND OR NATURE, WHEREVER LOCATED, NOW OWNED OR HEREAFTER ACQUIRED, AND ALL RETURNS, REPOSESSIONS, EXCHANGES, SUBSTITUTIONS, REPLACEMENTS, ATTACHMENTS, PARTS, ACCESSORIES, AND ACCESIONS THERETO AND THEREOF AND ALL PROCEEDS THEREOF, (WHETHER IN THE FORM OF CASH, INSTRUMENTS, CHALET PAPER, GENERAL INTANGIBLES, ACCOUNTS OR OTHERWISE). ALL DEBTOR'S FURNITURE AND FIXTURES OF EVERY KIND, TYPE OR DESCRIPTION, WHETHER NOW OWNED OR HEREAFTER ACQUIRED. This is your UCC filing as it was accepted. Please keep this copy for your records. Oklahoma County UCC Central Filing Office 320 Robert S. Kerr, Suite 107 Oklahoma City, OK 73102 Telephone: 1-405-713-1521 Fax: 1-405-713-1810 UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS (front and back) CAREFULLY A. NAME & PHONE OF CONTACT AT FILER [optional] JARNOLD 918-758-2453 B. SEND ACKNOWLEDGEMENT TO: (Name and Address) 20130809020811240 CN1 08/09/2013 12:28:08 PM Book: Page:0 PageCount:1 Filing Fee:$10.00 Doc. Tax:$0.00 State of Oklahoma County of Oklahoma Oklahoma County Clerk Carolynn Caudill THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1a INITIAL FINANCING STATEMENT FILE # 200902215697300 | Legacy # 2009000686637 1b This FINANCING STATEMENT AMENDMENT is ☐ to be filled (for record) (or recorded) in the REAL ESTATE RECORDS 2 ☐ TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of the Secured Party authorizing this Termination Statement 3 ☒ CONTINUATION: Effectiveness of the Financing Statement identified above with respect to security interest(s) of the Secured Party authorizing this Continuation Statement is continued for additional period provided by applicable law 4 ☐ ASSIGNMENT (full or partial) Give name of assignee in item 7a or 7b and address of assignee in item 7c, and also give name of assignor in item 9 5 AMENDMENT (PARTY INFORMATION): This Amendment affects Debtor or Secured Party of record Check only one of these two boxes Also check one of the following three boxes and provide appropriate information in items 6 and/or 7 ☐ CHANGE name and/or address. Please refer to the detailed instructions in regards to changing the name/address of party ☐ DELETE name Give record name to be deleted in item 8a or 9b ☐ ADD name Complete item 7a or 7b, and also item 7c; also complete items 7e-7g if applicable 6. CURRENT RECORD INFORMATION 6a ORGANIZATION'S NAME JAI SAIBABA ENTERPRISES INC 6b INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 7. CHANGED (NEW) OR ADDED INFORMATION: 7a ORGANIZATION'S NAME 7b INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 7c MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 7d SEE INSTRUCTIONS ADD'L INFO RE ORGANIZATION DEBTOR 7e TYPE OF ORGANIZATION 7f JURISDICTION OF ORGANIZATION 7g. ORGANIZATIONAL ID #, if any ☐ NONE 8. AMENDMENT (COLLATERAL CHANGE): check only one box Describe Collateral ☐ deleted or ☐ added, or give entire ☐ restated collateral description, or describe collateral ☐ assigned ORIGINAL FILE #E2009000686637 FILED 1-22-2009 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT (name of assignor, if this is an Assignment). If this is an Amendment authorized by a Debtor which adds collateral or adds the authorizing Debtor, or if this is a Termination authorized by a ☐ and enter name of DEBTOR authorizing this Amendment 9a ORGANIZATION'S NAME 9b INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 10 OPTIONAL FILER REFERENCE DATA UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT FILER (optional) JARNOLD 918-758-2453 B. E-MAIL CONTACT AT FILER (optional) C. SEND ACKNOWLEDGMENT TO: (Name and Address) 1a. INITIAL FINANCING STATEMENT FILE NUMBER 20090215697300 | Legacy # 2009000888637 1b. This FINANCING STATEMENT AMENDEMENT is to be filed [for record] (or recorded) in the REAL ESTATE RECORDS. 2. TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of Secured Party authorizing this Termination Statement. 3. ASSIGNMENT (full or partial): Provide name of Assignee in item 7a or 7b and address of Assignee in item 7c and name of Assignor in item 9. For partial assignment, complete items 7 and 9 and also indicate affected collateral in item 8. 4. CONTINUATION: Effectiveness of the Financing Statement identified above with respect to security interest(s) of Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law. 5. PARTY INFORMATION CHANGE: Check one of these two boxes: AND Check one of these three boxes to: This Change affects Debtor or Secured Party of record CHANGE name and/or address: Complete item 6a or 6b; and item 7a or 7b; and item 7c ADD name: Complete item 7a or 7b, and item 7c DELETE name: Give record name to be deleted in item 6a or 6b. 6. CURRENT RECORD INFORMATION: Complete for Party information Change-provide only one name(6a or 6b)(use exact, full name;do not omit, modify or abbreviate any word in the Debtor's name) OR <table> <tr> <th>6a. ORGANIZATION'S NAME</th> <td>JAI SAIBABA ENTERPRISES INC</td> <th>7a. ORGANIZATION'S NAME</th> <td colspan="3"></td> </tr> <tr> <th>6b. INDIVIDUAL'S SURNAME</th> <td></td> <th>7b. INDIVIDUAL'S SURNAME</th> <td colspan="3"></td> </tr> <tr> <th>FIRST PERSONAL NAME</th> <td></td> <th>FIRST PERSONAL NAME</th> <td colspan="3"></td> </tr> <tr> <th>ADDITIONAL NAME(S)/INITIAL(S) That are part of the name of this Debtor</th> <td colspan="3"></td> <th>SUFFIX</th> <td></td> </tr> </table> 7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party Information Change - provide only one name(7a or 7b)(use exact,full name;do not omit,modify, or abbreviate any word of the Debtor's name) <table> <tr> <th>7a. ORGANIZATION'S NAME</th> <td></td> <th>7b. INDIVIDUAL'S SURNAME</th> <td colspan="3"></td> </tr> <tr> <th>FIRST PERSONAL NAME</th> <td colspan="3"></td> <th>SUFFIX</th> <td></td> </tr> <tr> <th>ADDITIONAL NAME(S)/INITIAL(S) That are part of the name of this Debtor</th> <td colspan="3"></td> <th>SUFFIX</th> <td></td> </tr> </table> 7c. MAILING ADDRESS <table> <tr> <th>CITY</th> <th>STATE</th> <th>POSTAL CODE</th> <th>COUNTRY</th> </tr> <tr> <td colspan="4"></td> </tr> </table> 8. COLLATERAL CHANGE: Also check one of these four boxes: ADD collateral DELETE collateral RESTATE covered collateral ASSIGN collateral Indicate collateral: Original file #E2009000888637 BIGCOLLATERAL 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only one name (9a or 9b)(name of Assignor,if this is an Assignment) If this is an Amendment authorized by a DEBTOR, check here and provide name of authorizing DEBTOR <table> <tr> <th>9a. ORGANIZATION'S NAME</th> <td></td> <th>9b. INDIVIDUAL'S SURNAME</th> <td></td> <th>FIRST PERSONAL NAME</th> <th>ADDITIONAL NAME(S)/INITIAL(S)</th> <th>SUFFIX</th> </tr> <tr> <td colspan="7">FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE</td> </tr> </table> 10. OPTIONAL FILER REFERENCE DATA UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT SUBMITTER (optional) First National Bank & Trust Co - Jennifer Arnold - 9187582420 B. E-MAIL CONTACT AT SUBMITTER (optional) C. SEND ACKNOWLEDGMENT TO: (Name and Address) [ ] First National Bank & Trust Co Jennifer Arnold PO Box 1037 Oklahoma, Oklahoma 74447 United States SEE BELOW FOR SECURED PARTY CONTACT INFORMATION THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1a. INITIAL FINANCING STATEMENT FILE NUMBER 200902215697300 / LEGACY 2009000686637 1b. This FINANCING STATEMENT AMENDMENT is to be filed (for record) (or recorded) in the REAL ESTATE RECORDS Filer: [ ] attach Amendment Addendum (Form UCC3Ad) and provide Debtor’s name in 2. ☐ TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to the security interest(s) of Secured Party(y)(ies) authorizing this Termination Statement 3. ☐ ASSIGNMENT: Provide name of Assignee in item 7a or 7b, and address of Assignee in item 7c and name of Assignor in item 9 For partial assignment, complete items 7 and 9; check ASSIGN Collateral box in item 8 and describe the affected collateral in item 8 4. ☑ CONTINUATION: Effectiveness of the Financing Statement identified above with respect to the security interest(s) of Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law 5. PARTY INFORMATION CHANGE: Check one of these two boxes: AND Check one of these three boxes to: This Change affects ☐ Debtor of ☐ Secured Party of record ☐ CHANGE name and/or address: Complete ☐ Item 6a or 6b; and item 7a or 7b and item 7c ☐ ADD name: Complete item ☐ 7a or 7b, and item 7c ☐ DELETE name: Give record name to be deleted in item 6a or 6b 6. CURRENT RECORD INFORMATION: Complete for Party Information Change - provide only one name (6a or 6b) OR 6b. INDIVIDUAL’S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX 7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party Information Change - provide only one name (7a or 7b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor’s name) 7a. ORGANIZATION’S NAME OR 7b. INDIVIDUAL’S SURNAME INDIVIDUAL’S FIRST PERSONAL NAME INDIVIDUAL’S ADDITIONAL NAME(S)/INITIAL(S) SUFFIX 7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 8. COLLATERAL CHANGE: Also check one of these four boxes: ☐ ADD collateral ☐ DELETE collateral ☐ RESTATE covered collateral ☐ ASSIGN* collateral Indicate collateral: *Check ASSIGN COLLATERAL only if the assignee’s power to amend the record is limited to certain collateral and describe the collateral in Section 8 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only one name (9a or 9b) (name of Assignor, if this is an Assignment) If this is an Amendment authorized by a DEBTOR, check here ☐ and provide name of authorizing Debtor 9a. ORGANIZATION’S NAME FIRST NATIONAL BANK AND TRUST COMPANY OF OKMULGEE OR 9b. INDIVIDUAL’S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX 10. OPTIONAL FILER REFERENCE DATA: CBN: 953020C84E5286FEA77A13D5AE32B PROMISSORY NOTE – General DEBTOR’S NAME(S) AND ADDRESS Jai Salibaba Enterprises LLC 3112 West Flr Perry, OK 73077 LENDER’S NAME AND ADDRESS First National Bank & Trust Company of Okmulgee PO Box 1037 Okmulgee, OK 74447 NOTE NUMBER: 423523804 MATURITY DATE: 03/15/2024 PRINCIPAL AMOUNT: $574,852.97 CUSTOMER NUMBER: 0273232563 LOAN OFFICER: JC ACTUAL/280: X ACTUAL/360: [ ] FIXED INTEREST RATE PER ANNUM [ ] VARIABLE RATE INDEX PRESENT INDEX RATE _____% MARGIN OVER/UNDER INDEX _____% INITIAL PER ANNUM RATE _____% VARIABLE RATE INDEX _____% MAXIMUM PER ANNUM INTEREST RATE CHANGE _____% MINIMUM INTEREST RATE _____% MAXIMUM INTEREST RATE _____% [ ] NEW LOAN [ ] RENEWAL OF LOAN NUMBER(S): 423523801 [ ] FULLY ADVANCED [ ] MULTIPLE ADVANCES [ ] REVOLVING CREDIT PURPOSE OF LOAN: Renew existing loan 423523801 with no additional funds. COLLATERAL DESCRIPTION: Real Estate Mortgage dated 01/16/2009 in the amount of $3,786,652.00, Modified on 10/03/2011 to the new amount of $2,904,350.77, Security Agreement dated 1/16/2009 and 3/14/2022 PAYMENT TERMS: <table> <tr> <th>NUMBER OF PAYMENTS</th> <th>AMOUNT OF PAYMENTS</th> <th>DATE OF PAYMENTS</th> </tr> <tr> <td>1</td> <td>$574,852.97</td> <td>at maturity 03/15/2024.</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 the unpaid Principal Amount until Maturity at the per annum Interest rate(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 of a 360 day year (Actual/360) or a 365 day year (Actual/365). 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 Interest rate on this Note will be the Index Rate plus a Margin, if any, as indicated above. Each change will become effective as indicated below. If the Index Rate is Lender’s base or prime rate, it is determined by Lender in its 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. [ ] Each change will become effective on the same date the Index Rate changes. [ ] Effective date of rate change: ________________ and on the same day ________________ thereafter. LATE PAYMENTS. When permitted by law, any principal and/or interest amount not paid within ___ calendar days after the due date will be assessed the greater of 5% of the amt amt or $24.00 not to exceed $50.00. 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. 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 AND PAYMENTS. 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. For Multiple Advances or Revolving Credit, 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. 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 only on the actual amount of principal disbursed and outstanding from time to time. If the Revolving Credit box is checked, then the Debtor understands that the Lender will disburse the proceeds of this Note in increments up to the Principal Amount and that the remaining terms of this paragraph shall apply to this Note. 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. The Debtor understands that the maximum amount of all such advances outstanding at any one time cannot exceed the Principal Amount, but that the Debtor may repay and re-borrow up to the Principal Amount during the term of this Note. If the aggregate outstanding amount advanced under this Note ever exceeds the Principal Amount, then the Debtor will repay the excess upon demand, plus interest on the excess. There may be times when no principal is outstanding on this Note, but this Note and any collateral securing this Note remain valid and effective as to future advances under this Note. 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 any person designated or authorized 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. Interest will accrue only on the actual amount of principal disbursed and outstanding from to times. 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): COLLATERAL. This Note and all other obligations of Debtor 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 and by all money, deposits and other property owned by any Debtor and in Lender’s possession or control. LENDER’S SIGNATURE(S) [Signature] By Jared Galile, Executive Vice President By (Lender signatures optional) DEBTOR(S) SIGNATURE(S) Mohan Manoj, Manager of Jai Salabba Enterprises LLC DEBTOR EXPRESSLY AGREES: ACCELERATION. At option of Lender, the unpaid balance of this Note and all other obligations of Debtor 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 referring 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, insolvent, disables, changes ownership or senior management, or terminates their existence, or if 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. Upon the occurrence of any event described above, Lender may, at its option and with or without accelerating the Note, increase the Interest Rate on this Note to the Default Rate provided herein. ADDITIONAL PROVISIONS RIGHT OF OFFSET. Except as otherwise restricted by law, any indebtedness due from Lender to Debtor, including, without limitation, any deposits 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) remain(s) 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. ADDITIONAL PROVISIONS. (1) Debtor agrees, if requested, to furnish to Lender copies of income tax returns as well as balance sheets and income statements for each fiscal year following Date of Note and at more frequent intervals as Lender may require. (2) 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 presentment, notice of acceleration, notice of dishonor and protest and consent to substitutions, releases and failure to perfect as to collateral and to additions or releases of any Debtor. (3) 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. (4) 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. (5) 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 TERM OF PROVISIONS: DCN: 93ED7D2E2C0283A31E20654E4255A21C DISBURSEMENT ADDENDUM DEBTOR Jai Saibaba Enterprises LLC 3112 West Fir Perry, OK 73077 LENDER First National Bank & Trust Company of Okmulgee PO Box 1037 Okmulgee, OK 74447 LOAN AMOUNT $574,852.97 LOAN NUMBER 423523804 DATE 03/14/2022 REFINANCED AMOUNT $574,852.97 Loan # 423523801 DISBURSEMENTS TO OTHERS ON BEHALF OF DEBTOR Total: MISCELLANEOUS FEES Total: ADDITIONAL CHARGES Total: ITEMIZATION $ Amount Given and Disbursed to Debtor Directly $ Amount Left to Draw $ 574,852.97 Amount Refinanced and Paid on Account of Debtor Amounts paid to others on your behalf (Lender may be retaining a portion of this amount) $ Disbursements to Others on Behalf of Debtor $ Life Insurance Premium to __________________________ $ A&H Insurance Premium to __________________________ $ Other Insurance Premium to _________________________ DISBURSEMENT COMMENTS DEBTOR'S SIGNATURE(S) Mohen Mandal, Manager of Jai Saibaba Enterprises LLC Loan # 42382301 GUARANTY AGREEMENT DATE OF AGREEMENT 01/16/2009 DEBTOR'S NAME(S) Jai Salsabe Enterprises Inc LENDER'S NAME AND ADDRESS First National Bank & Trust Company Of Okmulgee P.O. Box 1037 Okmulgee, OK 74447 DEBITOR'S ADDRESS 701 S Van Buren Enid, OK 73701 A. To induce the Lender to extend credit to the Debtor and for other good and valuable consideration, the receipt of which is acknowledged, and for the purpose of enabling the Debtor to obtain or renew loans and/or other financial accommodation from the Lender named above, each of the undersigned as a primary obligor, jointly and severally and unconditionally, hereby guarantees to the Lender that Debtor will fully and promptly pay or otherwise discharge all indebtedness and other obligations ("indebtedness") upon which Debtor is or may hereafter, from time to time, become obligated to Lender as principal, guarantor, endorser, or in any other capacity, and whether joint or several liability or liabilities created by direct dealing with Lender or through transfer from others, and regardless of nature and form of indebtedness and whether due or not due: (2) agrees that the undersigned, first having to proceed against Debtor or any other party liable thereon or create any security, to pay on demand all sums due and to become due to Lender from Debtor, as all losses, cost, attorney fees or expenses which may be suffered or incurred by Lender by reason of Debtor's default or the default of the undersigned(s); (3) except as stated is waived, agrees to be bound by and on demand to pay any deficiency or difference between all indebtedness of the Debtor and the proceeds of any private or public sale (including a sheriff's sale) of the security held by Lender after the release of the undersigned; (4) agrees that liability under this Agreement will not be released or impaired by any failure, neglect or omission, including a failure or delay to perfect or maintain perfection of a security interest, either in relation to the creation of the indebtedness or the protection of the security given, and that it shall not matter whether the Lender fails or omits to seek or is precluded from seeking a judgment against Debtor; and (5) further agrees that the liability of the undersigned shall not be affected by any lack of validity or enforceability due to defense, claim, discharge or otherwise of any indebtedness guaranteed by this Agreement or of the security of the indebtedness. B. Lender may at any time and from time to time without the further consent of or notice to the undersigned, without incurring responsibility to the undersigned and without impairing or releasing the obligations of the undersigned, and upon any terms and conditions the Lender may elect: (1) change the manner, place or terms of payment or extend the time of payment of any indebtedness of Debtor to Lender; (2) renew, increase or alter any indebtedness of Debtor to Lender; (3) raise or lower the interest rate of rates charged Debtor; (4) sell, exchange, assign or surrender, realize upon or otherwise deal or not deal with in any manner any property or any property at any time pledged to secure or securing the indebtedness of Debtor to Lender or any liabilities incurred directly or indirectly under this Agreement; (5) set offsets against any such indebtedness or liabilities; (5) exercise or refrain from exercising any rights against Debtor or others, or otherwise act or refrain from acting; (6) compromise any indebtedness guaranteed or incurred; (7) subordinate any claim of all or part of any indebtedness of Debtor to Lender to the payment of any liability which may be due Lender or others; (8) apply any sums paid by Debtor to payment of Debtor to any indebtedness of Debtor to Lender regardless of what evidence or lack of liability of Debtor to Lender remains unpaid and regardless of to which indebtedness such sums were intended to be applied; (9) release any one or more of the undersigned, any other guarantor or any other party liable upon or for any indebtedness or other obligation guaranteed, and such release will not affect the liability under this Agreement of any of the undersigned or any other party not so released; (10) add or release the primary or secondary liability of principals, guarantors or other parties; and/or (11) obtain additional collateral security. C. The undersigned waives; (1) any and all acceptance of this Guaranty Agreement; (2) notice of the creation of any Indebtedness; (3) any presentment, demand for payment, notice of default of non-payment, notice of acceleration, notice of disposition of security, notice of dishonor or protest to or upon any party and all other notices whatsoever whether required or permitted by this Guaranty Agreement, any other agreement, course or dealing, usage of trade, course of performance and, to the extent allowed, the law; (4) any statute of any remedy which the Lender now has or later acquires against the Debtor or any other party; (5) any impairment of collateral, including, but not limited to, a failure to perfect, or maintain perfection, of a security interest in collateral; and (6) guarantee, including the manner of administration of the loan and changes in the form or manner in which any party does business or in their condition and any notice of any such change. D. This Guaranty Agreement shall be absolute, unconditional and continuing guaranty of payment and not of collection and shall be binding upon the undersigned, heirs or successors of the undersigned, and the estate or estates of the undersigned: (1) regardless of the death or cessation of existence of any of them or any guarantor or any other party liable upon any indebtedness or other obligation hereby guaranteed; (2) irrespective of any defenses, claims or discharges available to the Debtor under law or under any agreement with the Lender; and (3) irrespective of any failure or delay by the Lender to perfect or keep perfected any lien or security interest in any collateral. This Guaranty Agreement is an independent obligation which is separately enforceable from the obligation of the Debtor. E. All rights of the Lender are cumulative and not alternative to other rights. Suit may be brought against the undersigned or other parties liable, jointly and severally, and against any one or more of them, and against all or less than all, without impairing the rights of the Lender, its successors or assigns, against any of the undersigned. The Lender may settle with any one of the undersigned or any other party for such sum or sums as it may see fit and release such of the undersigned or other parties from all further liability to the Lender for such indebtedness without impairing the right of the Lender to demand and collect the balance of such indebtedness from others of the undersigned not so released. F. The Lender may assign this Agreement or any of its rights and powers under it, with all or any part of the indebtedness guaranteed, and may assign to any such assignee any of the security for the indebtedness. In the event of such assignment, the assignee shall have the same rights and remedies as if originally named in this Agreement in place of Lender, and the Lender shall thereafter be fully discharged from all responsibility with respect to any such indebtedness so assigned. G. Unless expressly limited by specific writing as set forth in this Guaranty Agreement, it is understood to be unlimited in amount. If limited to a fixed percentage of any indebtedness, it is understood the limit means a fixed amount or percentage of any indebtedness remaining after application of the actual proceeds of the disposition of any security to any unguaranteed portion of the indebtedness. Guarantor's liabilities and obligations under this Guaranty shall be limited to the following described promissory note(s) and agreement(s) between Debtor and Lender evidencing the indebtedness, together with all interest and all of Lender's expenses and cost (including, but not limited to attorney's fees and other costs incurred by Lender to collect the indebtedness and/or to protect, maintain, or operate any collateral given as security for the indebtedness, or preserve the priority of Lender's lien thereon or security interest therein) incurred in connection with the indebtedness including any amendments, extensions, modifications, renewals, replacements or substitutions thereto: H. Until the indebtedness of the Debtor have been paid in full, the undersigned agrees to provide to the Lender from time to time upon demand such financial statements, copies of tax returns, and other information as to the undersigned as the Lender may reasonably require. I. Any deposit(s) or other sums credited by or due from the Lender to the undersigned may be set off against any and all liabilities of the undersigned to the Lender arising under the terms of this Guaranty Agreement. The rights granted by this paragraph shall be in addition to the rights of the Lender under any statutory banker's lien or common law right of offset. ADDITIONAL PROVISIONS ON REVERSE SIDE GUARANTORS' SIGNATURE(S) Manoj Mohan J. Until the obligations of the Debtor have been paid in full, the undersigned specifically waives all rights of subrogation to the rights of the Lender, any claim to any security or its value to which the Lender has recourse, and all rights of reimbursement or contribution from other parties, whether principals or sureties, accommodation parties or guarantors. K. The undersigned may, only by written notice given to and received by Lender, withdraw only from liability for additional indebtedness of Debtor accepted or incurred to Lender after the time of receipt of such notice by Lender. The liability and other agreements of the undersigned shall not be otherwise affected but shall continue until all indebtedness, including loan commitments, existing at the time of the receipt of such notice, and renewals or extensions of indebtedness to which the undersigned consents, is fully paid. After any such revocation, Lender may exercise any rights granted in this Agreement without releasing the undersigned from liability. L. Notwithstanding the provisions of any note or obligation to which this Guaranty Agreement applies, it is the intention of the parties, and it is here provided, that a Guarantor shall not be liable for interest charges in excess of the maximum amount permitted under the law applicable to this Guaranty Agreement. M. The undersigned specifically waives any right to setoff under 12 O.S. sec. 686, 15 O.S. sec. 341, or any like statutes, and agree that the Lender may apply the actual proceeds from the disposition of any security first to any unguaranteed portion of the indebtedness. Any party to this Guaranty Agreement has right to waive trial by jury and waives all objections to venue in any action instituted by the Lender arising out of this Guaranty Agreement. N. The undersigned waive, as of the date of this Guaranty Agreement, any claim, as that term is defined in the Federal Bankruptcy Code, which the undersigned might have or acquire against the Debtor arising from the existence or nonperformance of the undersigned's obligations under this Guaranty Agreement, and to that extent that the undersigned is not a creditor of the Debtor. In addition to the waiver of claims of creditor, it is agreed that the indebtedness guaranteed under this Guaranty Agreement excludes all portions of the indebtedness paid by the Debtor during the period one year prior to the filing of any bankruptcy, reorganization or insolvency proceedings by or against the Debtor. If any payment made by the Debtor to the Lender is determined to be avoidable under the applicable law or the Federal Bankruptcy Code, to that extent, if demanded by the Lender, this Guaranty Agreement is deemed to be reinstated to include the amount within the indebtedness under this Guaranty Agreement. O. The undersigned, by signing below, acknowledge having read this Guaranty Agreement, having reviewed it to the extent desired with their legal counsel, and receiving a copy of it and also receiving an explanation of any questions. The undersigned also have read any cosigner notice provided by Lender. The undersigned understand that the undersigned may have to pay any indebtedness or obligation covered by this Guaranty Agreement in the event the Debtor fails or refuses to do so. The undersigned further agree that they are aware of the financial condition of Debtor and acknowledge a responsibility to maintain a close watch on that financial condition as long as this Guaranty Agreement is outstanding and that they are not relying on the Lender to provide information on the Debtor's financial condition, now or in the future. P. This Guaranty and the obligations evidenced in it are to be construed and governed by the laws of the state indicated in the address of Lender shown above. Q. This Guaranty Agreement constitutes the entire agreement between the parties with respect to the obligations of the undersigned and the rights of the Lender under this Guaranty Agreement. This Guaranty Agreement cannot be amended except by an agreement in writing signed by both the undersigned and the Lender. No condition as to the effectiveness or enforcement of this Guaranty Agreement exists except as stated in this Guaranty Agreement. Regardless of any other provision of this Guaranty Agreement to the contrary, and unless otherwise specifically released or modified by this Guaranty Agreement, all other obligations of the undersigned to Lender evidenced by a note, loan agreement, guaranty or any other written agreement remain in force and effect. DCN:2A0C968288146C7B6D72576F9CE897BBD SECURITY AGREEMENT DEBTOR'S NAME(S) AND ADDRESS Jai Selibba Enterprises LLC 3112 West Fir Perry, OK 73077 SECURED PARTY'S NAME AND ADDRESS First National Bank & Trust Company of Okmulgee PO Box 1037 Okmulgee, OK 74447 DATE OF AGREEMENT 03/14/2022 I. GRANT OF SECURITY INTEREST. For value received, the undersigned (referred to as "Debtor" whether one or more) hereby assigns and grants to Secured Party named above a security interest in the Collateral described below to secure the payment of the "Indebtedness" (as defined below) and performance of all Debtor's obligations and agreements in this Agreement or other documents evidencing the Indebtedness. Any term used in the Uniform Commercial Code, as adopted and revised from time to time in the State of Oklahoma ("UCC"), and not defined in this Agreement shall have the meaning given to the term in the UCC. Debtor's location (if other than the address reflected above ) is in the state of Oklahoma. II. SECURED INDEBTEDNESS. [Check applicable boxes] The security interest granted under this Agreement secures the following "Indebtedness" which ☒ Debtor ☐ Borrower owes to Secured Party: ☐ Specific Debt. The following debt(s) of Borrower and all extensions, renewals, deferrals, modifications, and replacements: ☒ All Debts. All liabilities of Borrower to Secured Party of every kind or description, including: all promissory notes from Borrower to Secured Party; all future advances from Secured Party to Borrower; direct or indirect liabilities; liabilities due or to become due and whether absolute or contingent; liabilities now existing or hereafter arising and however evidenced; all extensions, renewals, deferrals, modifications and replacements of liabilities of Borrower to Secured Party for any term or terms; all interest and other finance charges due or to become due on the liabilities of Borrower to Secured Party; and "Indebtedness" also includes expenditures by Secured Party involving performance or enforcement of agreements, obligations, covenants and warranties in this Agreement or any other agreement between Borrower and Secured Party; and all costs, attorneys' fees and other expenditures of Secured Party in collection and enforcement of any obligation or liability of Borrower to Secured Party and in the collection and enforcement, sale or other liquidation of any of the Collateral. III. DESCRIPTION OF COLLATERAL. The "Collateral" shall include: Accounts: All rights to payment, whether or not earned by performance, including, but not limited to, payment for property or services sold, leased, rented, licensed, or assigned. This includes any rights and interests (including all liens) which Debtor may have by law or agreement against any account debtor or obligor of Debtor. Equipment: All equipment including, but not limited to, machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop equipment, office and record keeping equipment, parts, and tools. The property includes any equipment described in a list or schedule Debtor gives to Secured Party, but such a list is not necessary to create or perfect a valid security interest in all of Debtor's equipment. General Intangibles: All general intangible assets, but not limited to, tax refunds, patents and applications for patents, copyrights, trademarks, trade secrets, goodwill, trade names, customer lists, permits and franchises, payment intangibles, computer programs and all supporting information provided in connection with a transaction relating to computer programs, and the right to use Debtor's name. Inventory: All inventory held for ultimate sale or lease, or which has been or will be supplied under contracts of service, or which are raw materials, work in process, or materials used or consumed in Debtor's business. This term "Collateral" also includes to the extent not listed above as original collateral: (1) After-Acquired Property. After-acquired property; provided, however, the security interest will not attach to (a) consumer goods, other than an accession when given as additional security, unless the Debtor acquires rights in them within 10 days after the Secured Party gives value, or (b) a commercial tort claim. (2) Proceeds. Proceeds, products, additions, substitutions and accessions of the Collateral. (3) Deposits. Unless prohibited by law, any property (excluding Individual Retirement Accounts and other qualified retirement accounts), tangible or intangible, in possession of Secured Party at any time during the term of this Agreement, or any indebtedness due from Secured Party to Debtor, and secured Debtor or any obligation of Debtor to Secured Party. IV. GENERAL PROVISIONS: 1. WAIVERS. No act, delay or omission, including Secured Party's written express waiver of a remedy after any default under this Agreement, shall constitute a waiver of any of Secured Party's rights and remedies not expressly waived in writing under this Agreement or any other agreement between the parties. All of Secured Party's rights and remedies are cumulative and may be exercised singly or concurrently. The failure or omission of exercise of any one or more rights or remedies will not be a waiver of a bar to the exercise of such rights or remedies or release of any subsequent default. No waiver, change, modification or discharge of any Secured Party's rights, duties or obligations by Debtor or sale of any collateral is valid unless in writing signed by a duly authorized officer of Secured Party. Acceptance of any partial or late payment shall not operate as a waiver of any requirement of this Agreement or release any additional notification duties upon Secured Party. Every note and all other signing, inclusion, guaranty, waiver, presentment, notice of dishonor and protest, notice of default, notice of nonpayment and notice of acceleration and consent to any and all extensions of time for any term or terms, including payment due, partial payments, or renewals before or after maturity. Debtor and all other signatories, guarantors, further consent to substitution, impairment, release or nonperfection with regard to the Collateral, and the addition or release of or agreement not to use any party or guarantor. 2. AGREEMENT BINDING ON ASSIGNS. This Agreement pertains to the benefit of Secured Party, its successors and assigns, and is binding upon Debtor's heirs, executors, administrators, representatives, successors, and assignees (and all persons who become bound as a debtor to this Security Agreement), but no person, other than Debtor or representing Debtor has any right to advance under any instrument or document issued by this Agreement. 3. CHANGES IN TERMS. Secured Party reserves the right to change any of the terms of this Agreement in accordance with applicable law and the provisions of this Agreement. 4. TERM OF AGREEMENT. This Agreement, and the security interest created by this Agreement, will remain in force until all of the Indebtedness is paid in full, unless the security interest created by this Agreement is earlier released by Secured Party in writing. 5. RIGHTS OF SECURED PARTY ASSIGNABLE. Secured Party, at any time and at its option, may pledge, transfer or assign all or any part of this Agreement in whole or in part, and any transferee or assignee shall have all Secured Party's rights or the parts of them so pledged, transferred or assigned. Debtor's rights under this Agreement or in the Collateral may not be assigned without Secured Party's prior written consent. 6. JOINT AND SEVERAL RESPONSIBILITY OF DEBTOR AND SURETIES. The responsibilities of Debtor and any co-obligee, guarantor, surety or accommodation party under this Agreement are joint and several, and the references to Debtor in this Agreement shall be deemed to refer to each such person, including any person who pledges Collateral even if such pledge is not otherwise liable under any promissory note, warranty or other instrument secured by this Agreement. 7. SEPARABILITY OF PROVISIONS. If any provision of this Agreement shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid or unenforceable provision had never existed. 8. GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of Oklahoma, except to the extent that the UCC provides for application of the law where the Debtor or the collateral is located (if other than Oklahoma) as the case may be. 9. ENTIRE AGREEMENT. This Agreement, together with any mortgage of real estate which may be created hereunder contains the entire agreement between the parties with respect to the subject matter hereof. This Agreement may be amended or modified only by a writing signed by Secured Party specifying that it is a modification, amendment or addition to this Agreement. V. EVENTS OF DEFAULT. Debtor shall be in default under this Agreement upon the happening of any one or more of the following events or conditions which are "Events of Default" in this Agreement: 1. If any warranty, covenant, agreement, representation, financial information or statement made or furnished to Secured Party by Debtor, Borrower (if different from Debtor) any guarantor or surety, or otherwise to induce Secured Party to enter into this Agreement, or in conjunction with it, is violated or proven to have been false in any material respect when made or furnished. 2. If any payment required in this Agreement or under any other agreement or obligation of Borrower to Secured Party is not made when due or in accordance with the terms of the applicable contract. 3. If Debtor defaults in the performance of any covenant, obligation, warranty, or provision contained in this Agreement or any other agreement, mortgage or obligation of Debtor to Secured Party or to others, including without limitation Debtor's failure to protect the Collateral or unlawful use of the Collateral. 4. If any event or condition exist or occurs which results in acceleration of the maturity of any obligation of Borrower to Secured Party or to others under any note, mortgage, indenture, agreement, or undertaking. 5. If anyone makes any levy against or seizes, garnishes or attaches any of the Collateral; if Debtor consensually encumbers any of the Collateral; or if Debtor sells, leases, or otherwise disposes of any of the Collateral without Secured Party's prior written consent as required by this Agreement or any mortgage executed in connection with this Agreement. 6. If the Collateral is lost, stolen, substantially damaged or destroyed. 7. If, in Secured Party's judgment, the Collateral becomes unsatisfactory or insufficient in character or value, and upon request Debtor fails to provide additional Collateral as required by Secured Party. 8. If at any time Secured Party, in its sole discretion, believes the prospect of payment or performance of any duty, covenant, warranty or obligation secured by this Agreement is impaired. 9. If Debtor, Borrower (if not the same) or any guarantor or surety dies, dissolves, terminates existence, or becomes insolvent; if a receiver is appointed over any part of Borrower's property or any part of the Collateral; if Debtor makes an assignment for the benefit of creditors; or if any action is commenced under any bankruptcy or insolvency law by or against Debtor or any guarantor or surety for Debtor. 10. If the Collateral is removed from the location specified in this Agreement or in a separate notice to Secured Party without Secured Party's prior written consent, except for temporary periods in the normal and customary use of the Collateral. 11. Secured Party shall receive at any time following the closing a filing office report indicating that Secured Party's security interest is not prior to all other security interests or other interests reflected in the report. VI. ADDITIONAL PROVISIONS. Debtor specifically agrees to the "Additional Provisions" on the reverse side of this Agreement. SECURED PARTY'S SIGNATURE First National Bank & Trust Company of Okmulgee By, Jared Cagle, Executive Vice President SECURED PARTY'S SIGNATURE First National Bank & Trust Company of Okmulgee DEBTOR(S) SIGNATURE(S) Mohan Manoj, Manager of Jai Seliba Enterprises LLC ADDITIONAL PROVISIONS DEBTOR EXPRESSLY REPRESENTS, WARRANTS, COVENANTS AND AGREES: DGN: 2A0C96828146C73B0D72576F9CE8978BD REPRESENTATIONS, WARRANTIES AND COVENANTS 1. FINANCIAL INFORMATION. All applications, balance sheets, earnings statements, and other financial information and representations which have been furnished heretofore, or at any time hereafter, to Secured Party shall be true and correct in all material respects and substantially complete as of the date and for the period shown in such documents. All information furnished to Secured Party at any time and in any form, or Shall be at the time furnished, true and accurate in all material respects and sufficiently complete to give Secured Party full knowledge of the subject matter. Debtor shall notify Secured Party immediately if any of the information furnished to Secured Party has changed materially since the effective date of the last furnished financial information except as Debtor has reported to Secured Party in writing. 2. INFORMATION ON COLLATERAL. Debtor will furnish to Secured Party information adequate to identify all Collateral, in a form and at such times as Secured Party may request. Debtor also will deliver to Secured Party, upon request, true and correct copies of all books and records, sales invoices, purchase orders, receipts, and other documents describing the Collateral, as well as true copies of all contracts to furnish goods or services to Debtor's customers. Debtor will execute such documents as Secured Party may require to evidence, perfect and record Secured Party's security interest granted by this Agreement and enable Secured Party to receive proceeds and distribute them in accordance with the terms of this Agreement. 3. OWNERSHIP FREE OF ENCUMBRANCES. Except for the security interest granted by this Agreement or by a mortgage, deed of trust or similar instrument with this Agreement, and except for any security interest previously disclosed in writing to Secured Party, Debtor does now, nor will use the proceeds of the advances secured by this Agreement to become the owner of the Collateral (or has rights to or the power to remove the Collateral) free from any prior lien, security interest or encumbrance. Debtor waives notice, demand or repossession, and defenses that it has based upon lack of ownership or upon payment, payment in advance, security interest adverse to Secured Party. Debtor will not permits any lease or security interests other than Secured Party's security interest to attach to any of the Collateral, and will not permit the Collateral to be levied upon, garnished or attached under any legal process, or permit any other thing to be done that may impair the value of the Collateral or the security interest granted in Secured Party by this Agreement. 4. FINANCING STATEMENTS. No Financing Statement or Lien Entry Form covering the Collateral is on file in any public office except in connection with this Agreement. Debtor authorizes Secured Party to file a financing statement covering the collateral. Debtor agrees to join with Secured Party in executing one or more Lien Entry Forms, Financing Statements, or Effective Financing Statements in form satisfactory to Secured Party. Debtor authorizes Secured Party to cause applicable such statement to be filed in a manner, or at a location, or by means of attorney to execute such documents as Debtor's behalf. A carbon, photostat or other reproduction of this Agreement or of any Financing Statement is sufficient as a Financing Statement. 5. LOCATION OF COLLATERAL, RECORDS, INVENTORY AND EQUIPMENT. Debtor will give Secured Party written notice of each location at which the Collateral is kept, and record or log of the Collateral as kept. Debtor shall not sell, transfer, exchange, lease, hypothecate, assign, encumber, dispose of, or permit the Collateral to be disposed of in any manner not permitted by this Agreement without Secured Party's prior written consent except as otherwise provided in this Agreement, and such removal shall be considered an Event of Default under this Agreement. 6. SALE, LEASE OR DISPOSITION OF COLLATERAL PROHIBITED. Except for sales of inventory in the ordinary course of business, Debtor shall not sell, mortgage, transfer, exchange, lease, hypothecate, assign, license, grant any other security interest or otherwise dispose of all or any part of the Collateral unless (a) obtained in a window sale or auction, Part or all of the Collateral may be sold be auctioned or otherwise by sale or disposition to secure the obligations evidenced by this Agreement or otherwise, (b) such sale or disposition is made in compliance with all laws, rules, regulations and requirements (including, but not limited to, the application of procedures to obligations secured by this Agreement) which Secured Party deems to be for the protection of its security interest. Secured Party's consent will not be deemed to be effective until said sale or disposition and conditions have been fully satisfied. Debtor's failure to obtain Secured Party's prior written consent except as otherwise provided in this Agreement, and such removal shall be considered an Event of Default under this Agreement. 7. MAINTENANCE AND INSPECTION. Debtor, at its own expense, shall (a) keep the Collateral in good condition and repair so that its value and operating efficiency shall be maintained and preserved; (b) not permit the Collateral to be used in a manner that will result in damage to the Collateral; except for the ordinary wear and tear of its intended primary use; (c) properly protect the Collateral from the elements; and (d) use the Collateral lawfully and not permit its illegal use or use in a manner not permitted or covered by the insurance on the Collateral required by this Agreement. Debtor will promptly notify Secured Party in the event the Collateral is lost, damaged or destroyed. Debtor shall cooperate with Secured Party's requests, deliver to Secured Party evidence thereof, and comply therewith. Debtor shall always keep accurate and complete books and records of transactions and information relating to the Collateral. Debtor grants to Secured Party the right and privilege of making such inspections of the Collateral and Debtor's books and records as Secured Party may reasonably require, including access to all unauthorized access and verification of such books and records, at any time and from time to time, including contacting Debtor's customers or suppliers in connection with such audit or verification. Debtor agrees to assist Secured Party in facilitating such audits, verifications and inspections. 8. TAXES AND FEES. Debtor shall pay promptly any and all taxes, assessments and licenses fees with respect to the Collateral, and the Collateral will be free of liens for money owed for the Collateral or as related to real property owned by Debtor, Debtor shall make all such payments with respect to the reality when they are due. 9. AFFIXING TO REAL OR PERSONAL PROPERTY PROHIBITED. Unless Debtor has also granted Secured Party a first priority mortgage in the Collateral, Debtor shall not affix any of the Collateral which is personal property to become an accession or affixed to another personal property or become attached or affixed to real property without first obtaining Secured Party's consent. Secured Party's consent is not required if such action is required by law or regulation or is limited to, the removal of either the Collateral or the other personal or real property to Secured Party's rights and interest in the Collateral) which Secured Party deems to be for the protection of its security interest. Secured Party's consent will not be deemed to be effective unless and until such requirements and conditions have been fulfilled. 10. INSURANCE ON THE COLLATERAL. While any of the Indebtedness remains outstanding and throughout the term of this Agreement, Debtor shall maintain and pay for insurance of the Collateral, while located anywhere in Minnesota, to secure payment thereon in trade items, vehicles, including goods evidenced by documents. Such insurance shall be purchased through any person of Debtor's choice, with companies acceptable to Secured Party, against each such losses, hazards, public liabilities and other risks, and in such amounts at prudent and adequate rates. Debtor shall notify Secured Party of such requirement. Debtor shall notify Secured Party of the amount of such insurance, or certified copies of such policies evidencing the insurance coverage shall be furnished to Secured Party within 10 days of the date of this Agreement. All policies of insurance shall provide for at least 10 days' prior written notice to Secured Party of cancellation. Securities may act as a Debtor's insurer-in-fact, with power to direct Debtor to name Secured Party as additional insured or loss payee on such policies of insurance. Debtor's name on any drafts or checks drawn by insureds of the Collateral. Provided, however, Secured Party is under no obligation and has no duty to procure insurance, pay premiums, make, adjust or settle claims with respect to any insurance required by this Agreement. Debtor is responsible for maintaining all required insurance policies, renewals or unearned premiums which may be due upon cancellation of any such policies for any reason whatsoever, and directs insurers to pay Secured Party any amounts so due. Any balance of insurance proceeds remaining after payment in full of all amounts secured by this Agreement shall be paid to Debtor. 11. EXPENDITURES BY SECURED PARTY. At its option, and after any written notice to Debtor required by law, Secured Party may but is not obligated to, discharge taxes, liens, encumbrances or other encumbrances on the Collateral, or perform for Debtor any service or function relating to acquisition, preservation, maintenance, repair, cleaning, or other use of the Collateral. Debtor shall be liable and agrees to reimburse Secured Party promptly for all such expenditures, and for all costs, attorney fees and other damages incurred by Secured Party in connection with this paragraph. In addition, Debtor shall be liable and agrees to reimburse Secured Party promptly for all other expenses and/or damages incurred by Secured Party in connection with actions by Secured Party in enforcing or collecting any note, warranty, or liability of Debtor to Secured Party, or in realization, enforcing or collecting any account, promissory note, chattel paper, instrument, document or other evidence of payment due or payable to Secured Party, and/or other accounts receivable of Debtor. For purposes of this paragraph, such amounts shall be considered part of Debtor's liability to Secured Party. REMEDIES Upon the occurrence of an Event of Default, and at any later time, Secured Party may, except as otherwise provided by law, at its option and without notice or demand to Debtor, exercise any and all rights and remedies provided by law, as it sees fit and also the following actions and powers, including but not limited to, the rights: 1. Declare all liabilities secured by this Agreement immediately due and payable, and/or proceed to enforce payment and performance of all such liabilities, provided that upon any repayment in full of the unpaid balance of such liabilities, Debtor shall be entitled to a rebate of any unearned portion of any finance or other charge in accordance with the contract of sale. 2. Require Debtor to assemble the Collateral or evidence of the Collateral and make it available to Secured Party at a place Secured Party designates, which is reasonably convenient to both parties. Debtor shall be responsible for any delay occasioned by Debtor's refusal to assemble or to assemble the Collateral as demanded in accordance with law and this Agreement. Debtor wrongfully fails to make the Collateral available to Secured Party. All such expenses and damages are secured by Secured Party's security interest in the Collateral granted by this Agreement. 3 Represent the Collateral, and for this purpose Secured Party is granted authority to enter into or upon any premises where the Collateral is located or is being stored or maintained and make any inquiry or investigation of or arising from an entry exclusively made in connection with representations Debtor utilizes Secured Party or an independent contractor to take possession of and hold any property located in or temporarily attached to the Collateral. If Secured Party conclusively determines that the property was lawfully taken and delivered to Debtor to Debtor, such property may be sold and the proceeds applied to expenses and other amounts due from Debtor to Secured Party. Any balance of such proceeds remaining after payment in full of all amounts secured by this Agreement shall be paid to Debtor. 4 Possess all books and records evidencing or pertaining to the Collateral and any personal property in or associated with the Collateral, and for this purpose Secured Party is granted authority to enter into or upon any premises where such property is located or being stored or maintained. Debtor agrees that Secured Party is entitled to such possession and to retain possession of such property until all sums secured by this Agreement are repaid. Debtor shall notify Secured Party if necessary to enforcement of Secured Party's rights shall be returned to Debtor on demand, or otherwise upon completion of use. 5 Transfer any of the Collateral or evidence of the Collateral into Secured Party's own name or that of a nominee, and receive the proceeds and hold them as security for Debtor's liabilities to Secured Party or apply the proceeds on or against any such liability. Secured Party may notify account debtors and obligors or make payment to such account debtor or party, or may demand, collect, receive, set off, compromise, adjust, or otherwise enforce Secured Party's rights as may be agreed upon in writing from Secured Party. Debtor may demand to receive, release or realize upon the Collateral, in Secured Party's own name or as Debtor's name, as Secured Party may determine. which is secured by a security agreement executed by Debtor in Secured Party's favor, including the amount of any such security. Secured Party shall not be in violation of a right of resale or a restriction on security interests, in which case, to that extent, such amounts will not be secured. The amount of Debtor's liability under this paragraph shall be subject to a secured interest at a rate not exceeding the annual percentage rate. Secured Party's liability under this paragraph shall not exceed such amount. The procedures required by this paragraph shall be sufficient if given at Debtor's address set forth herein by: (a) mailing the notice at least 10 days before, or (b) delivering the notice at least 3 days before the commencement of the performance of the duties specified in the notice. 12. POSSESSION. Debtor shall have possession of the Collateral, except where expressly otherwise provided in this Agreement or where Secured Party chooses to permit us secure control in conjunction in addition to the filing of financing statements if such Collateral is in the possession of a third party. Debtor will join with Secured Party in notifying the third party of Secured Party's security interest and obtaining an acknowledgement from the third party that it is holding the Collateral for the benefit of Secured Party. 13. CONTROL. Debtor will cooperate with Secured Party in obtaining control with respect to Collateral consisting of: deposit accounts; investment property; letter-of-credit rights; electronic chattel paper; 14. CHATTER PAPER. If the Collateral includes chattel paper, Debtor will not create any chattel paper without placing a legend on the chattel paper acceptable to Secured Party indicating that Secured Party has a security interest in the chattel paper. 15. PURCHASE MONEY SECURITY INTEREST. To the extent Debtor uses the Indebtedness to purchase Collateral, Debtor's repayment of the Indebtedness shall apply on a "first-in-first-out" basis so that the portion of the Indebtedness used to purchase a particular item of Collateral shall be paid in the chronological order the Debtor purchased the Collateral. 16. DEBTOR'S NAME AND LOCATION. Debtor's exact legal name is as set forth on the reverse side of this Agreement. If Debtor is an individual, Debtor's principal residence is at Debtor's address as set forth herein. If Debtor is an entity other than an individual, Debtor's location (i.e., place of business, chief executive office or main offices or principal place of business), as the case may be, in the state referenced for Debtor's address is as set forth on the reverse side of this Agreement, except as otherwise provided herein, full. Debtor agrees that it will not change its location (for example, its site of incorporation) or as legal name without providing Secured Party 30 days' prior written notice. 17. DEBTOR'S COOPERATION. In addition to Debtor's other obligations and agreements in this Agreement and Secured Party's remedies, Debtor will and promises to do all acts which Debtor deems reasonably expedient to protect or preserve Collateral, including but not limited to the following: (a) FARM PRODUCTS. If the Collateral includes "farm products," Debtor agrees to execute and deliver to Secured Party an "Efficient Financing Statement" containing all information required by law. Debtor also agrees to furnish to Secured Party a list of the names and addresses of the Buyers, Resellers and others receiving farm products hereunder and to keep such list current. Secured Party may demand from any such Buyer, Reseller or other such persons, such information as may be necessary to keep such list current. Secured Party may inform persons on such list and others of Secured Party's security interest in the farm products. If any of the farm products are sold to or through any person or entity not on the list, Debtor shall be subject to a secured interest at a rate not exceeding the annual percentage rate. Moneys received from all sales and all sales made to Secured Party within 10 days after such sale. Debtor agrees that before receiving an instrument in payment for farm products other than livestock, debtor shall execute a certificate containing, in addition to all information required by law, the name of Secured Party and a statement that Secured Party holds a secured interest in such farm product and the certificate. (b) LIVESTOCK. In addition to the provisions of this Agreement relating to farm products, if the Collateral includes livestock, to the extent Secured Party deems necessary to protect or preserve Collateral, Secured Party shall be entitled to immediately possess and take control of all livestock and animals owned by Debtor, both in feed lot and outdoor and all equipment owned by Debtor and used in the feeding and handling of the livestock. Debtor will cooperate with Secured Party and use all best efforts to allow Secured Party use of all Debtor's right, title and interest in, and all other property in, all other livestock and animals used in the feeding and handling of the livestock, and all contracts and leases covering lands for pasture and grazing. (c) CHATER PAPER, ACCOUNTS, INSTRUMENTS, DOCUMENTS, SECURITIES AND NOTES. If the Collateral is a "chatter paper," Secured Party shall have immediate access, inspection, taking possession, sharing of stock rights, to subscribe to dividends of any kind or character (including Liquidating dividends), new securities cash, interest, or any other property by reason of ownership or of Creation, the Collateral, the proceeds of sale of the Collateral, or any other manner, as Secured Party deems fit, immediately deliver and pledge the same to Secured Party, appropriately endorsed or assigned to Secured Party's order. Secured Party will hold such proceeds and property in the same REAL ESTATE MORTGAGE WITH POWER OF SALE (INDIVIDUAL - CONSUMER) KNOW ALL PERSONS BY THESE PRESENTS that: Jai Saibaba Enterprises Inc, a Corporation (called "Mortgagor," whether one or more) mortgages to: First National Bank & Trust Company Of Okmulgee, 610 East 8th, Okmulgee, OK 74447 (called "Mortgagee," whether one or more and which term shall be construed to include Mortgagee's successors and assigns) the following described real estate and premises located in NOBLE County, State of Oklahoma: See Exhibit A Property Address: 3112 W Fir St, Perry, OK 73077 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 (collectively referred to as the "Mortgaged Property"). This mortgage creates a security interest in the Mortgaged Property and like kind future property from the time this Mortgage is granted. Mortgagor warrants the title to the Mortgaged Property. This Mortgage is given by Mortgagor to Mortgagee to secure the full payment and performance of the indebtedness evidenced by the following described promissory note(s) (the "Note," whether one or more) and any modifications, renewals or substitutions of the Note, as well as any other amounts owing to Mortgagee under the terms of this Mortgage (collectively, the "Debt"): Promissory note dated 01/16/2009., in the name of Jai Saibaba Enterprises Inc, with note number of 423523801, in the amount of $3,786,552.00. Mortgagor further agrees (a) to pay and discharge all taxes and assessments on the Mortgaged Property before they become delinquent; (b) to keep all the Mortgaged Property insured under policies which are acceptable to, and for the benefit of, Mortgagee; (c) to cure all title defects or clouds on or claims against Mortgagor's title which may arise or be discovered; (d) to keep the Mortgaged Property in good condition and repair, and to repair or replace any damaged or destroyed Mortgaged Property; and (e) to discharge any liens, attachments, or other claims which may be asserted against the Mortgaged Property. Mortgagor also agrees with respect to the Mortgaged Property to comply with all environmental laws and regulations now in force or later promulgated and to disclose to Mortgagee upon request all information regarding the environmental status of the Mortgaged Property. Mortgagee grants Mortgagee the right to acquire additional environmental information regarding the Mortgaged Property. Mortgagor also grants Mortgagee or its agents a license to enter onto the Mortgaged Property and inspect it for any reason and further agrees to indemnify Mortgagee for any liability associated with the Mortgaged Property. The discovery of undisclosed environmental hazards on the Mortgaged Property may at the option of Mortgagee be considered an Event of Default under this Mortgage. If the Mortgaged Property is Mortgagor's homestead and a Mortgagor is the spouse of another Mortgagor or the Borrower identified in the Note but is not obligated under the Note and is only signing this Mortgage to satisfy the requirements of Title 16 Okla. Stat. § 4 (which requires a spouse to sign a mortgage on homestead property), then such Mortgagor is not obligated under the provisions of the immediately preceding paragraph and is only signing this Mortgage to convey his or her interest in the Mortgaged Property. If Mortgagor fails to fulfill the agreements in the Mortgage, Mortgagee may purchase insurance or pay taxes, assessments or other liens and appropriate sums to protect the Mortgaged Property, and shall have a lien secured by this Mortgage for the amount of those sums with interest at the rate on the Note secured by this Mortgage except as otherwise provided in the Note. If Mortgagee is required to first give Mortgagor notice, notice mailed or delivered at least 5 days before action is taken will be considered reasonable. Mortgagor confers on mortgagee or its attorney or agent the power to sell the Mortgaged Property and the interests of all persons in it in the manner provided in the Oklahoma Power of Sale Mortgage Foreclosure Act (Title 46 Okla. Stat. § 40et seq.). On the occurrence of an Event of Default (as described in this Mortgage), Mortgagee may, at its option, accelerate payment of the Debt and all other indebtedness secured by this Mortgage so that all the Debt shall be immediately due and payable and may either exercise the Power of Sale or foreclose this Mortgage in a judicial foreclosure. The following are considered "Events of Default:" (a) any default in payment of the Debt or performance under the Note; (b) Mortgagor fails to perform any covenant or agreement contained in this Mortgage or in any other indebtedness, obligation or agreement of the Mortgagor to Mortgagee or to another; (c) Mortgagor sells, conveys, transfers, hypothecates, or in any other manner ceases to be the owner or in possession of all or any portion of or interest in the Mortgaged Property, except as agreed to by Mortgagee in writing or as permitted under applicable law; or (d) Mortgagee believes the prospect of payment under the Note is impaired or the Mortgaged Property is in jeopardy. Subject to the provisions of the Oklahoma Power of Sale Mortgage Foreclosure Act, Mortgagee may accelerate payment of the Debt for the reasons stated in this Mortgage without notice to, or demand on, Mortgagor. As often as any action may be taken to foreclose this Mortgage or to exercise rights under the Power of Sale Mortgage Foreclosure Act, Mortgagor agrees to pay to Mortgagee an attorney's fee of 15% of the amount due or the actual amount of the attorney's fee, whichever is greater, in addition to other sums due, all of which shall be secured by this Mortgage except as otherwise provided in the Note. (Continued on reverse side hereof) SIGNATURE(S) AND ACKNOWLEDGMENT On Reverse Side Hereof If there is a foreclosure of this Mortgage other than by Power of Sale, Mortgagor waives appraisement of the Mortgaged Property, unless Mortgagee seeks an appraisal. Appraisal shall be at Mortgagee's sole option, to be declared when the petition to foreclose is filed or when judgment is taken. Mortgagor understands and agrees that on Mortgagor's default, a court may grant specific performance of Mortgagor's agreements in this Mortgage, and Mortgagee will have the right to take possession of the Mortgaged Property by appointing a receiver as allowed by Title 12 Okla. Stat. § 1551.2(c) which authorizes appointment when a condition of a mortgage has not been performed and the mortgage provides for appointment of a receiver. The court may also appoint a receiver on any other ground specified in Title 12 Okla. Stat. § 1551. "A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW THE MORTGAGEE TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY THE MORTGAGOR UNDER THIS MORTGAGE." SIGNATURE(S) OF MORTGAGOR(S) Signed and Delivered on this Date: Date: 01/16/2009 By: Manoj Mohan, President of Jai Saibaba Enterprises Inc By: Dinesh M Patel, Vice President of Jai Saibaba Enterprises Inc ACKNOWLEDGMENT STATE OF OKLAHOMA COUNTY OF OKMULGEE } SS. The foregoing instrument was acknowledged before me on this 16 day of January 2009 by Manoj Mohan, President and Dinesh M Patel, Vice President of Jai Saibaba Enterprises Inc., a corporation. My Commission Expires: 10-25-10 NOTARY PUBLIC EXHIBIT "A", THE SURFACE AND THE SURFACE RIGHTS ONLY IN AND TO: (A) A tract of land situated in the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one North (21N), Range One West (1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the Northwest Quarter of Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THENCE West (S89°59'28"W) on the North boundary line of the NW/4 of said Section 20 a distance of 863.00 feet to the POINT OF BEGINNING; THENCE continuing WEST (S89°59'28"W) along said North boundary line a distance of 362.37 feet to the East boundary line of 32nd Street; THENCE South (S01°21'03"E) along said East boundary line of said 32nd Street a distance of 216.75 feet; THENCE East (N89°59'28"E) a distance of 381.50 feet; THENCE North (N00°38'33"W) a distance of 126.75 feet; THENCE West (S89°59'28"W) a distance of 19.03 feet; THENCE North (N00°00'37"W) a distance of 90.00 feet to the point of beginning, said tract containing 1.0873 acres, according to the "Survey" of Jividen's Land Survey Co., Inc. dated 1-26-2008; AND, (B) A tract of land situated in teh Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one North (21N), Range One West (1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the Northwest Quarter of Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THENCE West (S89°59'28"W) on the North boundary line of the said NW/4 of said Section 20 a distance of 863.00 feet; THENCE South (S000°32'32"E) 90.00 feet; THENCE EAST (N89°59'28"E) a distance of 448.03 feet; THENCE South (S000°32'32"E) a distance of 126.75 feet to the POINT OF BEGINNING; THENCE continuing SOUTH (S00°38'33"W) a distance of 143.26 feet; THENCE WEST (N89°59'28"W) a distance of 382.23 feet to a point on the East boundary line of 32nd Street; THENCE North (N00°21'03"E) along said East boundary line a distance of 216.75 feet; THENCE EAST (N89°59'28"E) a distance of 381.50 feet to the point of beginning said tract containing 1.2958 acres, according to the "Survey" of Jividen's Land Survey Co., Inc. dated 1-16-2008; MORTGAGE MODIFICATION AGREEMENT This Mortgage Modification Agreement is entered into on this 3rd day of Oct. 2011, by and between JAI SAIBABA ENTERPRISES, LLC, successor by conversion to JAI SAIBABA ENTERPRISES, INC.. (hereinafter the "Mortgagor") and FIRST NATIONAL BANK AND TRUST COMPANY OF OKMULGEE (hereinafter the "Mortgagee"). WHEREAS, on the 16th day of January, 2009, Jai Saibaba, Inc. granted unto Mortgagee a certain real estate mortgage ("the Mortgage") which was filed on January 23, 2009, and recorded in Book 658, Page 635, of the land records of County Clerk of Noble County, Oklahoma, to secure the principal amount of $3,786,532.00; and WHEREAS, said Mortgage created a mortgage lien upon certain real estate which is more particularly described as: A tract of land situated in the Northwest Quarter (NW-4) of Section Twenty (20), Township Twenty-one (21) North, Range One (1) West, of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: Commencing at the Northeast Corner of the Northwest Quarter (NW-4) of Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; thence West (S89°59'28"W) on the North boundary line of the NW-4 of said Section 20 a distance of 863.00 feet to the Point of Beginning; thence continuing West (S89°59'28"W) along said North boundary line a distance of 362.37 feet to the East boundary line of 32nd Street; thence South (S01°21'05"E) along said East boundary line of said 32nd Street a distance of 216.75 feet; thence East (N89°59'28"E) a distance of 381.50 feet; thence North (N00°38'33"W) a distance of 126.75 feet; thence West (S89°59'28"W) a distance of 19.03 feet; thence North (N00°00'32"W) a distance of 90.00 feet to the point of beginning, said tract containing 1.8573 acres, according to the "Survey" of Jividens Land Survey Co., Inc., dated 1-26-2008; and A tract of land situated in the Northwest Quarter (NW-4) of Section Twenty (20), Township Twenty-one (21) North, Range One (1) West, of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: Commencing at the Northeast Corner of the NW-4 of said Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; thence West (S89°59'28"W) on the North boundary line of the said NW-4 of said Section 20 a distance of 863.00 feet; thence South (S00°00'32"E) 90.00 feet; thence East (N89°59'28"E) a distance of 19.03 feet; thence South (S00°38'33"E) a distance of 126.75 feet to the Point of Beginning; thence continuing South (S00°38'33") a distance of 143.26 feet; thence West (N89°59'28"W) a distance of 382.23 feet to a point on the East boundary line of 32nd Street; thence North (N00°21'05"E) along said East boundary line a distance of 143.25 feet; thence East (N89°59'28"E) a distance of 381.50 feet to the point of beginning, said tract containing 1.2558 acres, according to the "Survey" of Jividens Land Survey Co., Inc., dated 1-26-2008; and WHEREAS, Mortgagor and Mortgagee desire to amend and modify the Mortgage for the purpose of decreasing the loan amount to $2,904,350.77. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt sufficiency and adequacy of which is hereby acknowledged by the parties hereto, it is agreed as follows: 1. Mortgagor and Mortgagee hereby agree to amend and modify the Mortgage, decreasing the loan amount to $2,904,350.77. 2. The parties hereto agree that the Mortgage and the amendment to real estate mortgage shall remain in full force and effect and shall be modified hereby only inssofar as to the terms set forth above. IN WITNESS WHEREOF, we have executed this Agreement on the date first above written. "MORTGAGOR" Jai Saibaba Enterprises, LLC, successor by conversion to Jai Saibaba Enterprises, Inc. By: Dinesh N. Patel Dinesh N. Patel, Member/Manager By: Manoj Mohank Manoj Mohank, Member/Manager FIRST NATIONAL BANK & TRUST COMP Okmulgee • Henryetta P.O. Box 1037 Okmulgee, Oklahoma 74447 STATE OF OKLAHOMA ) COUNTY OF [illegible] ) ss. This instrument was acknowledged before me on this 3rd day of Oct, 2011. Dinesh M. Patel and Manoj Mohan, as Members/Managers of Jai Saibaba Enterprises, LLC. " " My Commission Expires: Notary Public " " RATIFICATION OF MORTGAGE CORRECTED On the 18th day of January 2009, Jai Saibaba, Inc granted a Mortgage to First National Bank & Trust company of Okmulgee which was filed on January 23, 2009 and recorded in book 658 page 635 of the land records of the County Clerk of Noble County, Oklahoma which was later modified by a Mortgage Modification Agreement dated October 3, 2011 filed October 13, 2011 in book 704 at page 469 covering the property on Exhibit A. There have been numerous extensions of the original mortgage. Since the execution of the original mortgage, Jai Saibaba Enterprises, LLC is the successor by conversion to Jai Saibaba Enterprises Inc aka Jai Saibaba, Inc. Jai Saibaba Enterprises, LLC ratifies and confirms the original mortgage, the extensions thereto and modified therein in all respects. Dated this 16th day of November 2011. MORTGAGOR Jai Saibaba Enterprises LLC Successor by conversion to Jai Saibaba Enterprises, Inc. By Dinesh M. Patel, Member/Manager By Monoj Mohan, Member/Manager STATE OF OKLAHOMA ) COUNTY OF OKMULGEE )SS. Before me the undersigned Notary Public in said County and State of this 16th day of November 2011 personally appeared Dinesh M. Patel, Member/Manager and Monoj Mohan, Member/Manager of Jae Saibaba Enterprises, LLC successor by conversion to RATIFICATION OF MORTGAGE CORRECTED On the 18th day of January 2009, Jai Saibaba, Inc granted a Mortgage to First National Bank & Trust company of Okmulgee which was filed on January 23, 2009 and recorded in book 658 page 635 of the land records of the County Clerk of Noble County, Oklahoma which was later modified by a Mortgage Modification Agreement dated October 3, 2011 filed October 13, 2011 in book 704 at page 469 covering the property on Exhibit A. There have been numerous extensions of the original mortgage. Since the execution of the original mortgage, Jai Saibaba Enterprises, LLC is the successor by conversion to Jai Saibaba Enterprises Inc aka Jai Saibaba, Inc. Jai Saibaba Enterprises, LLC ratifies and confirms the original mortgage, the extensions thereto and modified therein in all respects. Dated this 16 day of November 2011. MORTGAGOR Jai Saibaba Enterprises LLC Successor by conversion to Jai Saibaba Enterprises, Inc. By Dinesh M. Patel, Member/Manager By Monoj Mohan, Member/Manager STATE OF OKLAHOMA ) COUNTY OF Okmulgee )SS. Before me the undersigned Notary Public in said County and State of this 16th day of November 2011 personally appeared Dinesh M. Patel, Member/Manager and Monoj Mohan, Member/Manager of Jae Saibaba Enterprises, LLC successor by conversion to Jai Saibaba Enterprises Inc. to me known to be the identical persons who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal the day and year above written. [Signature] Notary Public Commission expires: [stamp] Commission number: 10-25/4 EXHIBIT "A". THE SURFACE AND THE SURFACE RIGHTS ONLY IN AND TO: (A) A tract of land situated in the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one North (21N), Range One West (1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the Northwest Quarter of Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THENCE West (S89°59'28"W) on the North boundary line of the NW/4 of said Section 20 a distance of 863.00 feet to the POINT OF BEGINNING; THENCE continuing WEST (S89°59'28"W) along said North boundary line a distance of 362.75 feet to the East boundary line of 32nd Street; THENCE South (501°21'05"E) along said East boundary line of said 32nd Street a distance of 216.75 feet; THENCE East (N89°29'28"E) a distance of 381.36 feet; THENCE North (N00°36'33"W) a distance of 126.75 feet; THENCE West (S89°59'28"W) a distance of 19.05 feet; THENCE North (N00°00'32"W) a distance of 90.00 feet to the point of beginning, said tract containing 1.8573 acres, according to the "Survey" of Jividenz Land Survey Co. Inc. dated 1-26-2006; AND, (B) A tract of land situated in ten Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one North (21N), Range One West (1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the NW/4 of said Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THENCE West (S89°59'28"W) on the North boundary line of the said NW/4 of said Section 20 a distance of 863.00 feet; THENCE South (500°00'32"E) 90.00 feet; THENCE EAST (N00°39'28"E) a distance of 19.05 feet; THENCE South (500°38'33"E) a distance of 126.75 feet to the POINT OF BEGINNING; THENCE continuing SOUTH (500°38'33"E) a distance of 143.36 feet; THENCE WEST (N89°59'28"W) a distance of 381.32 feet to a point on the East boundary line of 32nd Street; THENCE North (N00°21'05"E) along said East boundary line a distance of 163.75 feet; THENCE EAST (N89°29'28"E) a distance of 381.50 feet to the point of beginning, said tract containing 1.2358 acres, according to the "Survey" of Jividenz Land Survey Co. Inc. dated 1-15-2006; REAL ESTATE MORTGAGE WITH POWER OF SALE KNOW ALL PERSONS BY THESE PRESENTS that: Jai Saibaba Enterprises Inc., a Corporation (called "Mortgagor," whether one or more) mortgages to: First National Bank & Trust Company Of Okmulgee, 610 East 8th, Okmulgee, OK 74447 (called "Mortgagee," whether one or more and which term shall be construed to include Mortgagee's successors and assign(s)) the following described real estate and premises located in NOBLE County, State of Oklahoma: See attached Exhibit A Property Address: 3112 W Fir St, Perry, OK 73077 Real Estate Mig. Tax $ -74 - Paid 8:19:10 Receipt No. ________ Noble County Treasurer By [signature] Deputy 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, and Mortgagor assigns and pledges all rents, issues, profits and income derived from the above real estate (collectively referred to as the "Mortgaged Property"). This Mortgage and assignment of rents, issues, profits and income derived from the Mortgaged Property creates a security interest in the Mortgaged Property and like kind future property from the time the Mortgage and assignment is granted even though enforcement of the assignment of rents, issues, profits and income may be delayed until default. Mortgagor warrants the title to the Mortgaged Property. This Mortgage is given to secure the payment and performance of all of the following (collectively, the "Debt"): (a) The indebtedness evidenced by the following described promissory Note(s) (the "Note," whether one or more) and any modifications, renewals or substitutions of the Note: Promissory note dated 07/26/2010., in the name of Jai Saibaba Enterprises Inc. with note number of 4235623802, in the amount of $390,081.00. with a maturity date of 07/25/2012. (b) All sums advanced or paid by Mortgagee on account of the failure of the Mortgagor to comply with the terms or covenants of this Mortgage or other documents signed by the Mortgagor. (c) All future loans and advances and all future renewals of loans which Mortgagor may make to Mortgagor or to the Debtor identified in the Note, if different from Mortgagor (the "Debtor"); and all other debts, obligations and liabilities of every kind and character of Mortgagor or Debtor now existing, whether or not explicitly referred to, or arising in the future in favor of Mortgagee, whether direct or indirect, absolute or contingent, or originally payable to Mortgagee or any other person; and any renewals or extensions; provided, however, if the Mortgaged Property includes Mortgagor's principal dwelling or is otherwise a 1 to 4 family dwelling, the Mortgaged Property will not secure any future loan, advance, debt, obligation or liability taken or incurred principally for a personal, family or household purpose. Mortgagor further agrees (a) to pay and discharge all taxes and assessments on the Mortgaged Property before they become delinquent; (b) to keep all the Mortgaged Property and improvements insured and under policies which Mortgagor may make to Mortgagor or to the Debtor identified in the Note, if different from Mortgagor (the "Debtor"); and (c) to keep all title defects or clouds on or claims against Mortgagor's title may arise or be discovered; (d) to keep all the Mortgaged Property in good condition and repair, and to report to Mortgagee any damaged or destroyed Mortgaged Property; and (e) to discharge any levies, liens, attachments, or other claims which may be asserted against the Mortgaged Property. Mortgagor also agrees with respect to the Mortgaged Property to comply with all environmental laws and regulations now in force or later promulgated and all notices, orders or charges at any times information regarding the environmental status of the Mortgaged Property. Mortgagee grants Mortgagee the right to acquire additional environmental information regarding the Mortgaged Property. Mortgagee also grants Mortgagee or its agents a license to enter onto the Mortgaged Property and inspect it for any reason, and further hereby to inspect the Mortgaged Property without liability associated with the Mortgaged Property. The discovery of undisclosed environmental hazards on the Mortgaged Property may at option of Mortgagee be considered an Event of Default under this Mortgage. In the Event of the failure of the Mortgagor to fulfill the agreements of this paragraph, the Mortgagee may purchase insurance or pay taxes, assessments or other liens and appropriate sums to protect the Mortgaged Property, and shall have a lien secured by this Mortgage and assignment for the amount of those sums with interest on those amounts at the maximum rate of interest on any part of the Debt secured by this Mortgage and assignment. If the Mortgaged Property is Mortgagor's homestead and one of the Mortgagors is the spouse of another Mortgagor or the Borrower identified in the Note but is not obligated under the Note, and is only signing this Mortgage to satisfy the requirements of Title 16 Okla. Stat. § 4 (which requires a spouse to sign a mortgage on homestead property), then such Mortgagor is not obligated under the provisions of the immediately preceding paragraph and is only signing this Mortgage to convey his or her interest in the Mortgaged Property. If Mortgagee is required to give Mortgagor notice, notice mailed or delivered at least 5 days before action is taken will be considered reasonable. Mortgagor confers on Mortgagee or its attorney or agent the power to sell the Mortgaged Property and the interests of all persons in it in the manner provided in the Oklahoma Power of Sale Mortgage Foreclosure Act (Title 46 Okla. Stat. § 40 et seq.). On the occurrence of an Event of Default (as described in this Mortgage), Mortgagee may, at its option, accelerate payment of the Debt so that all the Debt shall be immediately due and payable and may either exercise the Power of Sale or foreclose this Mortgage in a judicial foreclosure. The following are considered "Events of Default": (a) any default in payment of the Debt or performance under the Note; (b) Mortgagee fails to perform any covenant or agreement contained in this Mortgage or in any other instrument or obligation of the Mortgagor to Mortgagee or to another; (c) Mortgagee sells, conveys, transfers, hypothecates, or in any other manner causes to be the owner or pledgee of all or any portion of or interest in the Mortgaged Property, except as agreed to by Mortgagee in writing or as permitted under applicable law; or (d) Mortgagee believes the prospect of payment under the Note is impaired or the Mortgaged Property is in jeopardy. Subject to the provisions of the Oklahoma Power of Sale Mortgage Foreclosure Act, Mortgagee may accelerate payment of the Debt for the reasons stated in this Mortgage without notice to, or demand on, Mortgagor. The Mortgagee irrevocably appoints the Mortgagee its lawful attorney in fact, with Power of Attorney in its name and stead to collect any income, rents, issues and profits relating thereto, and at such time that are due under each and all of the leases, contracts and agreements, written or verbal, now existing or existing in the future with respect to the Mortgaged Property, with the other rights and powers and subject to the terms hereunder, execution of judgment, lease of revenue and indemnity as the Mortgagee deems fit, or otherwise as any action may be taken to foreclose this Mortgage or to exercise rights under the Power of Sale in the Foreclosure Act, the Mortgagee agrees to pay any deficiency between the proceeds and the Mortgagee equal to the greater of a sum of not less than 13% of the amount due or the interest therefor, if not paid, in addition to other sums due, which shall be secured by this Mortgage. If there is a foreclosure of this Mortgage other than by Power of Sale, Mortgagee waives appraisement of the Mortgaged Property, unless Mortgagee seeks an appraisal. Appraisal shall be at the sole option of the Mortgagee, to be declared when the petition to foreclose is filed or when judgement is taken. Mortgagor understands and agrees that on Mortgagee's request, a court may grant specific performance of Mortgagee's demands in this Mortgage, and Mortgageee may have the right to take possession of the Mortgaged Property by appointing a receiver in accordance with Title 12 Ode., Stat.§ 1531.2(d) which authorizes appointment of a receiver when a mortgagor has not been perfected and the mortgage provides for appointment of a receiver. The court may also appoint a receiver upon other grounds as certified in Title 12 Ode., Stat. § 1531. "A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW THE MORTGAGOR TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY THE MORTGAGOR UNDER THIS MORTGAGE." Signed and Delivered on this Date: Date: 07/26/2010 By: Manoj Mohan, President of Jai Sai Baba Enterprises Inc ______________________________ By: Dinesh M Patel, Vice President of Jai Sai Baba Enterprises Inc STATE OF OKLAHOMA ) COUNTY OF OKMULGEE ) SS. The foregoing instrument was acknowledged before me on this 26 day of July 2010 by Manoj Mohan, President and Dinesh M Patel, Vice President of Jai Sai Baba Enterprises Inc. TERESA HAYNES NOTARY PUBLIC #56010446 EXP 10/25/2010 IN AND FOR STATE OF OKLAHOMA EXHIBIT "A". THE SURFACE AND THE SURFACE RIGHTS ONLY IN AND TO: (A) A tract of land situated in the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one North (21N), Range One West (W1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the Northwest Quarter of Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THENCE West (589°59'28"W) on the North boundary line of the NW/4 of said Section 20 a distance of 863.00 feet to the POINT OF BEGINNING; THENCE continuing WEST (349°59'28"W) along said North boundary line a distance of 382.37 feet to the East boundary line of 32nd Street; THENCE (N00°21'05"E) a distance of 216.75 feet; THENCE South (N89°59'28"E) a distance of 381.50 feet; THENCE North (N00°38'33"W) a distance of 126.75 feet; THENCE West (589°59'28"W) a distance of 19.03 feet; THENCE North (N00°01'37"W) a distance of 90.00 feet to the point of beginning, said tract containing 1.897 acres, according, to the "Survey" of Jivideni Land Survey Co., Inc. dated 1-26-2008; AND, (B) A tract of land situated in the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one North (21N), Range One West (W1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the NW/4 of said Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THENCE West (589°59'28"W) on the North boundary line of said Section 20 a distance of 863.00 feet; THENCE South (S00°01'37"E) 90.00 feet; THENCE EAST (N89°59'28"E) a distance of 19.03 feet; THENCE South (S00°38'33"W) a distance of 126.75 feet to the POINT OF BEGINNING; THENCE continuing NORTH (N00°38'33"W) a distance of 19.03 feet; THENCE South (S00°21'05"E) a distance of 216.75 feet to the last boundary line of 32nd Street; THENCE North (N00°21'05"E) a distance of 382.37 feet to the last boundary line of said Section 20 a distance of 581.25 feet; THENCE EAST (N00°59'28"E) a distance of 581.25 feet to the POINT OF BEGINNING; containing 12.2350 acres according, to the "Survey" of Jivideni Land Survey Co., Inc. dated 1-15-2008; UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS (front and back) CAREFULLY A. NAME & PHONE OF CONTACT AT FILER (optional) B. SEND ACKNOWLEDGMENT TO: (Name and Address) First National Bank & Trust Company Of Okmulgee P.O. Box 1037 Okmulgee, OK 74447 THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1. DEBTOR'S EXACT FULL LEGAL NAME - insert only one debtor name (1a or 1b) - do not abbreviate or combine names 1a. ORGANIZATION'S NAME Jai Saibaba Enterprises Inc OR 1b. INDIVIDUAL'S LAST NAME 2c. MAILING ADDRESS 701 S Van Buren 1d. SEE INSTRUCTIONS ADD'L INFO RE ORGANIZATION DEBTOR 1a. TYPE OF ORGANIZATION Corporation 1l. JURISDICTION OF ORGANIZATION 1g. ORGANIZATIONAL ID #, if any NONE 2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME - insert only one debtor name (2a or 2b) - do not abbreviate or combine names 2a. ORGANIZATION'S NAME OR 2b. INDIVIDUAL'S LAST NAME 2c. MAILING ADDRESS 2d. SEE INSTRUCTIONS ADD'L INFO RE ORGANIZATION DEBTOR 2a. TYPE OF ORGANIZATION 2l. JURISDICTION OF ORGANIZATION 2g. ORGANIZATIONAL ID #, if any NONE 3. SECURED PARTY'S NAME (or NAME of TOTAL ASSIGNEE OR ASSIGNOR S/P) - insert only one secured party name (3a or 3b) 3a. ORGANIZATION'S NAME First National Bank & Trust Company Of Okmulgee OR 3b. INDIVIDUAL'S LAST NAME 3c. MAILING ADDRESS P.O. Box 1037 FIRST NAME MIDDLE NAME SUFFIX CITY STATE POSTAL CODE COUNTRY Enid OK 73701 USA FIRST NAME MIDDLE NAME SUFFIX CITY STATE POSTAL CODE COUNTRY FIRST NAME MIDDLE NAME SUFFIX CITY STATE POSTAL CODE COUNTRY Okmulgee OK 74447 USA All equipment of whatever kind or nature, wherever located, now owned or hereafter acquired, and all returns, repossessions, exchanges, substitutions, replacements, attachments, parts, accessories, and accessions thereto and thereof and all proceeds thereof, (whether in the form of cash, instruments, chattel paper, general intangibles, accounts or otherwise). All debtor's furniture and fixtures of every kind, type or description, whether now owned or hereafter acquired. Fixtures are to be filed of record. This account is in the real estate records of the register's office of OKMULGEE County. These goods are affixed (or will be affixed) to real property more specifically described in Exhibit A. 5. ALTERNATIVE DESIGNATION (if applicable) LESSEE/LESSOR CONSIGNEE/CONSIGNOR BAILEE/BAILOR SELLER/BUYER AG. LIEN NON-UCC FILING 6. THIS FINANCING STATEMENT is to be filed (for record) (or recorded) in the REAL ESTATE RECORDS, Attach Addendum (if applicable) 7. Check to REQUEST SEARCH REPORT(S) on Debtor(s) (ADDITIONAL FEE) (optional) All Debtors Debtor 1 Debtor 2 8. OPTIONAL FILER REFERENCE DATA EXHIBIT "A" THE SURFACE AND THE SURFACE RIGHTS ONLY IN AND TO: (A) A tract of land situated in the Northwest Quarter (NW/4) of Section Twenty (20), Township Twenty-one North (21N), Range One West (1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the Northwest Quarter of Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THENCE West (SB8°59'28"W) on the North boundary line of the NW/4 of said Section 20 a distance of 563.00 feet to the POINT OF BEGINNING; THENCE continuing WEST (SB8°59'28"W) along said North boundary line a distance of 362.37 feet to the East boundary line of said Street; THENCE South (SO1°27'10"S) along said East boundary line of said 32nd Street a distance of 216.75 feet; THENCE East (NB8°59'28"E); a distance of 381.50 feet; THENCE North (NOO°38'33"N) a distance of 126.75 feet; THENCE West (SB8°59'28"W); a distance of 19.03 feet; THENCE North (NOO°00'32"W) a distance of 90.00 feet to the point of beginning, said tract containing 1.0573 acres, according to the "Survey" of Jividens Land Survey Co., Inc. dated 1-26-2008; AND, (B) A tract of land situated in said Northwest Quarter (NW/4) of Section Twenty (20), Township twenty-one North (21N), Range One West (1W) of the Indian Meridian, in Noble County, State of Oklahoma, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of the NW/4 of said Section 20, Township 21 North, Range 1 West of the I.M., Noble County, Oklahoma; THENCE West (SB8°59'28"W) along the North boundary line of the NW/4 of said Section 20 a distance of 861.00 feet; THENCE South (SO0°00'32"E) 90.00 feet; THENCE EAST (NB8°59'28"E) a distance of 19.03 feet; THENCE South (SO0°38'33"E), a distance of 126.75 feet to the POINT OF BEGINNING; THENCE continuing SOUTH (SO0°38'33"E) a distance of 19.26 feet; THENCE West (NB8°59'28"E) a distance of 143.25 feet to a point on the East boundary line of 32nd Street; THENCE North (NO0°21'05"N) along said East boundary line a distance of 143.25 feet; THENCE EAST (NB8°59'28"E) a distance of 381.50 feet; to the point of beginning, said tract containing 1.2358 acre, according to the "Survey" of Jividens Land Survey Co., Inc. dated 1-15-2008. Teresa Haynes From: Oklahoma County UCC System [[email protected]] Sent: Thursday, January 22, 2009 11:08 AM To: [email protected] Subject: Oklahoma County EU1 Filing Acceptance Oklahoma County UCC Central Filing Office 320 Robert S. Kerr, Suite 107 Oklahoma City, OK 73102 Telephone: 1-405-713-1521 Fax: 1-405-713-1810 EU1 Filing Control Number: 423523801 Oklahoma County Number: E2009000686637 01/22/2009 11:08:08 AM Payment Method: ACH Transaction Number: 10977365 Account/Check Number: 103101107 - 14464 Debtor (1) Debtor Name: JAI SAIBABA ENTERPRISES INC Contact Name: MANOJ MOHAN Type of Organization: Jurisdiction of Organization: Organizational ID: Mailing Address: 701 S VAN BUREN City: ENID State: OK Zip Code: 73701 Country: USA Secured Party (1) Company Name: FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE Contact Name: TERESA YARBROUG Mailing Address: 610 E 8TH City: OKMULGEE State: OK Zip Code: 74447 Country: USA Description of Collateral: ALL EQUIPMENT OF WHATEVER KIND OR NATURE, WHEREVER LOCATED, NOW OWNED OR HEREAFTER ACQUIRED, AND ALL RETURNS, REPOSSESSIONS, EXCHANGES, SUBSTITUTIONS, REPLACEMENTS, ATTACHMENTS, PARTS, ACCESSORIES, AND ACCESIONS THERETO AND THEREOF AND ALL PROCEEDS THEREOF, (WHETHER IN THE FORM OF CASH, INSTRUMENTS, CHECKS, PAPER, GENERAL INTANGIBLES, ACCOUNTS OR OTHERWISE). ALL DEBTOR'S FURNITURE AND FIXTURES OF EVERY KIND, TYPE OR DESCRIPTION, WHETHER NOW OWNED OR HEREAFTER ACQUIRED. This is your UCC filing as it was accepted. Please keep this copy for your records. Oklahoma County UCC Central Filing Office 320 Robert S. Kerr, Suite 107 Oklahoma City, OK 73102 Telephone: 1-405-713-1521 Fax: 1-405-713-1810 UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS (front and back) CAREFULLY A. NAME & PHONE OF CONTACT AT FILER [optional] JARNOLD 918-758-2453 B. SEND ACKNOWLEDGEMENT TO: [Name and Address] 20130809020811240 CN1 08/09/2013 12:28:08 PM Book: Page:0 PageCount:1 Filing Fee: $10.00 Doc. Tax: $.00 State of Oklahoma County of Oklahoma Oklahoma County Clerk Carolynn Caudill THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1a INITIAL FINANCING STATEMENT FILE # 200902215867300 | Legacy # 200900068657 1b This FINANCING STATEMENT AMENDMENT is [ ] to be filled [for record] (or recorded) in the REAL ESTATE RECORDS 2 [ ] TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of the Secured Party authorizing this Termination Statement 3 [ ] CONTINUATION: Effectiveness of the Financing Statement identified above with respect to security interest(s) of the Secured Party authorizing this Continuation Statement is continued for additional period provided by applicable law 4 ASSIGNMENT (full or partial) Give name of assignee in item 7a or 7b and address of assignee in item 7c, and also give name of assignor in item 9 5 AMENDMENT (PARTY INFORMATION): [ ] This Amendment affects Debtor or [ ] Secured Party of record Check only one of these two boxes Also check one of the following three boxes and provide appropriate information in items 6 and/or 7 [ ] CHANGE name and/or address Please refer to the detailed instructions in regards to changing the name/address of party [ ] DELETE name Give record name to be deleted in item 6a or 6b [ ] ADD name Complete item 7a or 7b, and also item 7c, also complete items 7e-7g(if applicable) 6. CURRENT RECORD INFORMATION 6a ORGANIZATION'S NAME JAI SAIBABA ENTERPRISES INC 6b INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 7. CHANGED (NEW) OR ADDED INFORMATION: 7a ORGANIZATION'S NAME 7b INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 7c MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 7d SEE INSTRUCTIONS ADD'L INFO RE ORGANIZATION DEBTOR 7e TYPE OF ORGANIZATION 7f JURISDICTION OF ORGANIZATION 7g. ORGANIZATIONAL ID #, if any NONE 8. AMENDMENT (COLLATERAL CHANGE): check only one box Describe Collateral [ ] deleted or [ ] added, or give entire restated collateral description, or describe collateral [ ] assigned ORIGINAL FILE #E200900068657 FILED 1-22-2009 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT (name of assignor, if this is an Assignment). If this is an Amendment authorized by a Debtor which adds collateral or adds the authorizing Debtor, or if this is a Termination authorized by a [ ] and enter name of DEBTOR authorizing this Amendment Debtor, check here 9a ORGANIZATION'S NAME 9b INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 10 OPTIONAL FILER REFERENCE DATA UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT FILER [optional] JARNOLD 918-758-2453 B. E-MAIL CONTACT AT FILER (optional) C. SEND ACKNOWLEDGMENT TO: (Name and Address) 20180904020916070 CN1 09/04/2018 12:24:38 PM Book: Page:0 PageCount:1 Filing Fee:$10.00 Doc. Tax:$0.00 State of Oklahoma County of Oklahoma Oklahoma County Clerk David B. Hooten THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1a. INITIAL FINANCING STATEMENT FILE NUMBER 200902215697300 | Legacy # 2009000688637 1b. This FINANCING STATEMENT AMENDMENT is to be filed [for record] (or recorded) in the REAL ESTATE RECORDS. Filer: attach Amendment Addendum (Form UCC3Ad) and provide Debtor’s name in item 13. 2. [ ] TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of Secured Party authorizing this Termination Statement. 3. [ ] ASSIGNMENT (full or partial): Provide name of Assignee in item 7a or 7b and address of Assignee in item 7c and name of Assignor in item 9. For partial assignment, complete items 7 and 9 and also indicate affected collateral in item 8 4. [ ] CONTINUATION: Effectiveness of the Financing Statement identified above with respect to security interest(s) of Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law. 5. [ ] PARTY INFORMATION CHANGE: Check one of these two boxes: AND Check one of these three boxes to: This Change affects [ ] Debtor or [ ] Secured Party of record CHANGE name and/or address: Complete item 8a or 8b and item 7a or 7b and item 7c ADD name: Complete item 7a or 7b, and item 7c DELETE name: Give record name to be deleted in item 8a or 8b. 8 CURRENT RECORD INFORMATION: Complete for Party Information Change-provide only one name(8a or 8b)(use exact, full name; do not omit, modify or abbreviate any word in the Debtor’s name) OR 6a. ORGANIZATION’S NAME JAI SAIBABA ENTERPRISES INC 6b. INDIVIDUAL’S SURNAME 7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party Information Change - provide only one name(7a or 7b)(use exact, full name; do not omit, modify, or abbreviate any word of the Debtor’s name) OR 7a. ORGANIZATION’S NAME 7b. INDIVIDUAL’S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) That are part of the name of this Debtor SUFFIX 7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 8. COLLATERAL CHANGE: Also check one of these four boxes: [ ] ADD collateral [ ] DELETE collateral [ ] RESTATE covered collateral [ ] ASSIGN collateral Indicate collateral: Original file #E2009000686837 BIGCOLLATERAL 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only one name (9a or 9b)(name of Assignor,if this is an Assignment) If this is an Amendment authorized by a DEBTOR, check here [ ] and provide name of authorizing DEBTOR OR 9a. ORGANIZATION’S NAME 9b. INDIVIDUAL’S SURNAME FIRST NATIONAL BANK & TRUST COMPANY OF OKMULGEE FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX 10. OPTIONAL FIRER REFERENCE DATA UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT SUBMITTER (optional) First National Bank & Trust Co - Jennifer Arnold - 918758242( B. E-MAIL CONTACT AT SUBMITTER (optional) C. SEND ACKNOWLEDGMENT TO: (Name and Address) [ ] First National Bank & Trust Co Jennifer Arnold PO Box 1037 Oklmulgee, Oklahoma 74447 United States SEE BELOW FOR SECURED PARTY CONTACT INFORMATION THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1a. INITIAL FINANCING STATEMENT FILE NUMBER 200902215697300 / LEGACY 2009000686637 1b. This FINANCING STATEMENT AMENDMENT is to be filed [for record] (or recorded) in the REAL ESTATE RECORDS Filer: attached Amendment Addendum (Form UCC3Ad) and provide Debtor’s name in 2. TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to the security interest(s) of Secured Party(ies) authorizing this Termination Statement 3. ASSIGNMENT: Provide name of assignee in item 7a or 7b, and address of assignee in item 7c and name of assignor in item 9 For partial assignment, complete items 7 and 9; check ASSIGN Collateral box in item 8 and describe the affected collateral in item 8 4. CONTINUATION: Effectiveness of the Financing Statement identified above with respect to the security interest(s) of Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law 5. PARTY INFORMATION CHANGE: Check one of these two boxes: AND Check one of these three boxes to: This Change affects [ ] Debtor at [ ] Secured Party of record CHANGE name and/or address: Complete item 6a or 6b; and item 7a or 7b and item 7c ADD name: Complete item 7a or 7b, and item 7c DELETE name: Give record name to be deleted in item 6a or 6b 6. CURRENT RECORD INFORMATION: Complete for Party Information Change - provide only one name (6a or 6b) 6a. ORGANIZATION’S NAME JAI SAIBABA ENTERPRISES INC OR 6b. INDIVIDUAL’S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX 7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party Information Change - provide only one name (7a or 7b) (use exact, full name: do not omit, modify, or abbreviate any part of the Debtor’s name) 7a. ORGANIZATION’S NAME 7b. INDIVIDUAL’S SURNAME INDIVIDUAL’S FIRST PERSONAL NAME INDIVIDUAL’S ADDITIONAL NAME(S)/INITIAL(S) SUFFIX 7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 8. COLLATERAL CHANGE: Also check one of these four boxes: [ ] ADD collateral [ ] DELETE collateral [ ] RESTATE covered collateral [ ] ASSIGN* collateral Indicate collateral: *Check ASSIGN COLLATERAL only if the assignee’s power to amend the record is limited to certain collateral and describe the collateral in Section 8 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only one name (9a or 9b) (name of assignor, if this is an Assignment) If this is an Amendment authorized by a DEBTOR, check here [ ] and provide name of authorizing Debtor 9a. ORGANIZATION’S NAME FIRST NATIONAL BANK AND TRUST COMPANY OF OKMULGEE OR 9b. INDIVIDUAL’S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX 10. OPTIONAL FILER REFERENCE DATA:
Disclaimer: This content is sourced from publicly available court records. Crazy Civil Court is an entertainment platform and does not provide legal advice. We are not lawyers. All information is presented as-is from public filings.