Vanderbilt Mortgage and Finance, Inc. v. Delena Ayers aka Delena Rennee Ayers and Jack Ayers aka Jack Edward Ayers, Jr., wife and husband

IN THE DISTRICT COURT WITHIN AND FOR MUSKOGEE COUNTY STATE OF OKLAHOMA Vanderbilt Mortgage and Finance, Inc., Plaintiff, vs. Delena Ayers aka Delena Rennee Ayers and Jack Ayers aka Jack Edward Ayers, Jr., wife and husband, Defendants. FILED MUSKOGEE COUNTY FEB 17 2026 Robyn Boswell, Court Clerk By [signature] Deputy Case No. CJ-21-88 Judge: King PETITION FOR FORECLOSURE COMES NOW the Plaintiff, Vanderbilt Mortgage and Finance, Inc., and for Plaintiff's cause of action against the Defendants, alleges and states: 1. That the Plaintiff, Vanderbilt Mortgage and Finance, Inc., is a business entity and is authorized to do business in the State of Oklahoma. 2. That the real property and premises that is the subject matter of these proceedings is located in Muskogee County, State of Oklahoma. 3. That this Court has jurisdiction of the subject matter of, and the parties to, these proceedings and the venue is proper. 4. That on 19th day of June, 2013 Delena Ayers aka Delena Rennee Ayers and Jack Ayers aka Jack Edward Ayers, Jr., wife and husband, for good and valuable consideration, made, executed and delivered to Vanderbilt Mortgage and Finance, Inc. the promissory note (hereinafter referred to as "Note") for value received in the original principal sum of fifty-two thousand nine hundred thirty-nine and 50/100 ($52,939.50), with interest from said date on the unpaid balance at the agreed initial rate of 10.97% per annum, adjusted if the Note provided, and payable in installments as set forth in the Note to continue until the entire Note indebtedness is paid in full. A true and correct copy of the Note is attached hereto, made a part hereof and marked as Exhibit "A". 5. That contemporaneously with the making of the Note and to secure the payment of the Note and the indebtedness represented thereby, Delena Ayers aka Delena Rennee Ayers and Jack Ayers aka Jack Edward Ayers, Jr., wife and husband, as owner(s) of the real property and premises hereinafter described, made, executed, and delivered to Vanderbilt Mortgage and Finance, Inc. the real estate mortgage (hereinafter referred to as the "Mortgage") in writing and therein mortgaged and encumbered unto Vanderbilt Mortgage and Finance, Inc. the following described real property and premises located in Muskogee County, State of Oklahoma, to-wit: Lots 1 and 2, Block 20, Midland Valley Addition to the City of Muskogee, Muskogee County, Oklahoma; and 2007 Clayton MH, VIN: CSS008634TXAB a/k/a 931 Harris St. Muskogee, OK 74403 together with the buildings and improvements thereon, appurtenances, hereditaments and all of the rights thereunto appertaining or belonging and all fixtures then or thereafter attached or used in connection with the real property and premises. The Mortgage was duly executed and acknowledged according to law, the mortgage tax duly paid thereon, the Mortgage was filed of record in the records of the County Clerk of Muskogee County, on June 24, 2013 in Book 4340 beginning at page 84 and said Mortgage is incorporated herein. That pursuant to 12A O.S. §1-9-604, the Plaintiff is authorized to bring this action against the real property and the manufactured home described herein. 6. That default has occurred on the Note and Mortgage in that the installment due thereon on August 1, 2026, together with all subsequent installments have not been paid and that the Note has therefore been in constant default since that time. Plaintiff has given Defendant(s) adequate opportunity to cure the default but the Defendant(s) failed or refused to cure the default and Plaintiff has accelerated all of the amount due under the Note. 7. Plaintiff is entitled to recover costs, abstracting, title reports, and attorney fees against the Defendants and the same shall be a charge and lien on the mortgaged property. 8. That Plaintiff is still the owner and holder of the Mortgage, and although due demand has been made upon Defendant(s), Delena Ayers aka Delena Rennee Ayers and Jack Ayers aka Jack Edward Ayers, Jr., wife and husband, for the amount due, the amount due still remains due and owing and unpaid in the sum of $37,922.46, with interest accrued and accruing from the date of default rate until paid along with mortgage insurance, hazard insurance and other costs with interest until paid. 9. That the Mortgage specifically provides that appraisement of the mortgaged property is waived or not waived at the option of the holder thereof, and that such option is to be exercised at or before the time that Judgment is rendered in the foreclosure herein. 10. That the undersigned attorney, in order to comply with federal debt collection law, states: 10.1. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10.2. That the name of the creditor is Vanderbilt Mortgage and Finance, Inc.. 10.3. That the amount of the debt in default is $37,922.46. 10.4. That Delena Ayers aka Delena Rennee Ayers and Jack Ayers aka Jack Edward Ayers, Jr., wife and husband is/are entitled to verify or dispute the debt which is the subject of this petition by contacting the undersigned attorney at the telephone number or address shown below. 10.5. The debt which is subject to this Petition or any portion of the debt may be disputed by Delena Ayers aka Delena Rennee Ayers and Jack Ayers aka Jack Edward Ayers, Jr., wife and husband in writing to the undersigned attorney within thirty (30) days and if not disputed will be assumed to be valid. 10.6. That upon written request of Delena Ayers aka Delena Rennee Ayers and Jack Ayers aka Jack Edward Ayers, Jr., wife and husband within the period of thirty (30) days, the Plaintiff will provide such information, data and documentation as may be reasonably necessary to prove the debt. 10.7. That written communications concerning the debt should be directed to the undersigned attorney. Such communication will not relieve Delena Ayers aka Delena Rennee Ayers and Jack Ayers aka Jack Edward Ayers, Jr., wife and husband from the obligation of payment of the debt or the requirement to file an Answer or otherwise respond to this Petition as provided for by law. WHEREFORE, Plaintiff prays for judgment in-personam against Defendants, Delena Ayers aka Delena Rennee Ayers and Jack Ayers aka Jack Edward Ayers, Jr., wife and husband, for the sum of thirty-seven thousand nine hundred twenty-two and 46/100 ($37,922.46), with interest accruing at the rate of 10.97% from the 14th day of November, 2026, until paid, for a reasonable attorney fee and for costs of this action, accrued and accruing; and that, upon hearing this cause, judgment be entered declaring Plaintiff to have a valid mortgage upon the premises superior to any interest of the Defendants herein save and except any Mortgages or Lienholders determined by the Court to be superior; that the Mortgage of Plaintiff be foreclosed and that the premises be ordered sold, with or without appraisement, according to law, subject to any superior Mortgage or lien of Defendants as identified above; that the proceeds of the sale be applied first to the satisfaction of judgment in favor of the Plaintiff, Vanderbilt Mortgage and Finance, Inc., including costs of this action and a reasonable attorney fee, and for the residue, if any, to be applied as the Court may direct; and for such other and further relief as may be just and equitable. Hinds Law Firm, PC [Signature] Collin M. Hinds, OBA # 17391 115 W. 3rd St., Ste. 410 Tulsa, OK 74103 (918) 514-3203 [email protected] Attorney for Plaintiff VERIFICATION STATE OF OKLAHOMA ) COUNTY OF TULSA ) ss. I, Collin M. Hinds, after being first duly sworn upon oath, depose and state: That I am the attorney for the Plaintiff in the above-entitled and numbered cause; that I have read the above Petition herein; that I know the contents thereof, and that the matters and things therein set forth are true and correct to the best of my knowledge. [Signature] Collin M. Hinds Subscribed and sworn before me on this 10th day of Feb., 2026, by Collin M. Hinds. [Notary Seal] DANIEL P. HINDS EXP. 06/04/26 PUBLIC NOTARY STATE OF OKLAHOMA [Signature] Daniel P. Hinds Notary Public CONV [X] FHA [ ] VA [ ] MANUFACTURED HOME RETAIL INSTALLMENT CONTRACT AND DISCLOSURE STATEMENT ASSIGNEE: Vanderbilt Mortgage and Finance, Inc. Post Office Box 9800 Maryville, TN 37802 Buyer’s Name: DELENA RENNEE AYERS Co-Signer’s Name: Buyer’s Name: JACK EDWARD AYERS JR Co-Signer’s Name: Buyer’s Address: 220 SC ST MUSKOGEE OK 74403 In this Retail Installment Contract ("Contract"), "Buyer" refers to all persons who sign this Contract as "Buyer," jointly and severally. "Seller" refers to the seller identified at the end of this Contract, and its successors and assigns. Other capitalized terms are defined in the disclosures on this page and in the section of this Contract titled, "Itemization of Amount Financed." Buyer promises to advise Seller in writing of any change of Buyer's mailing address while this Contract is in effect. Seller should send any papers or notices concerning this Contract to Buyer's mailing address. On the date of this Contract, Buyer had the option to buy the manufactured home described below, together with the related services, furnishings, equipment, appliances and accessories included with the manufactured home (collectively called "Manufactured Home") in cash or by paying in installments. Buyer chose to buy the Manufactured Home on a credit sale basis. Description of Manufactured Home NEW [ ] USED [X] <table> <tr> <th>TRADE NAME:</th> <td>CLAYTON</td> <th colspan="2">ADDITIONAL ACCESSORIES AND FURNISHINGS: ITEM AND SERIAL #</th> </tr> <tr> <th>YEAR:</th> <td></td> <th></th> <td></td> </tr> <tr> <th>MODEL:</th> <td>CELEBRATION</td> <th></th> <td></td> </tr> <tr> <th>SERIAL NO:</th> <td>CSS008634TXAB</td> <th></th> <td></td> </tr> <tr> <th>SERIAL NO:</th> <td></td> <th></th> <td></td> </tr> </table> PROMISE TO PAY: Buyer promises to pay Seller the "Unpaid Balance" as listed under the "Itemization of Amount Financed" plus finance charges. When Buyer signs this Contract, Buyer will also pay Seller any "Prepaid Finance Charge" shown in the "Itemization of Amount Financed." Buyer authorizes Seller to include the Prepaid Finance Charges in the Unpaid Balance. Seller will compute and charge finance charges on the unpaid amount of the Unpaid Balance from the Contract date at the yearly rate of 10.97% (the "Contract Rate"). When Seller calculates finance charges, every year shall have 360 days and every month shall have 30 days. Buyer promises to pay finance charges at the Contract Rate on the unpaid amount of the Unpaid Balance of this Contract until it is paid in full. Finance charges after the final scheduled maturity date on this Contract, however, shall not exceed the maximum rate allowed by state law. Buyer promises to pay Seller monthly payments in the number and amounts of payments shown in Buyer's Payment Schedule. Buyer's first payment will be due on the first date shown in Buyer's Payment Schedule, and subsequent payments will be due on the same day of each month after that. Seller will apply each payment received as of its scheduled due date. If on the final scheduled payment due date, Buyer still owes amounts under this Contract, Buyer will pay those amounts in full on that date (the "Maturity Date"). Buyer will make all payments to Vanderbilt Mortgage and Finance, Inc., P.O. Box 9800, Maryville, Tennessee 37802, or any other address to which Seller later tells Buyer (in writing) to send Buyer's payments. <table> <tr> <th rowspan="2">Number of Payments</th> <th rowspan="2">Amount of Payments</th> <th rowspan="2">When Payments Are Due</th> <th rowspan="2">Number of Payments</th> <th rowspan="2">Amount of Payments</th> <th rowspan="2">When Payments Are Due</th> <th rowspan="2">Number of Payments</th> <th rowspan="2">Amount of Payments</th> <th rowspan="2">When Payments Are Due</th> <th colspan="3">Monthly, Beginning:</th> </tr> <tr></tr> <tr> <td>240</td> <td>$585.19</td> <td>08/01/2013</td> <td></td> <td></td> <td></td> <td></td> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> </table> Buyer's total monthly payment will be higher than set forth above if Buyer is required to pay Escrow Items, as disclosed in the "Interest Rate and Payment Summary" in this Contract, in accordance with the section of this Contract titled "Escrow Items" and/or a separate Escrow Agreement. EXHIBIT A TRUTH IN LENDING DISCLOSURES <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of Buyer's credit as a yearly rate:</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost Buyer:</th> <th>Amount Financed<br>The amount of credit provided to Buyer or on Buyer's behalf:</th> <th>Total of Payments<br>The amount Buyer will have paid after Buyer has made all payments as scheduled:</th> <th>Total Sale Price<br>The total cost of Buyer's purchase on credit including Buyer's down payment of</th> </tr> <tr> <td>12.06 %</td> <td>$87,506.10</td> <td>$52,939.50</td> <td>$140,445.60</td> <td>$3,530.00<br>$143,975.60</td> </tr> </table> INTEREST RATE AND PAYMENT SUMMARY <table> <tr> <th></th> <th>Rate & Monthly Payment</th> </tr> <tr> <td>Interest Rate</td> <td>10.97 %</td> </tr> <tr> <td>Principal + Interest Payment</td> <td>$585.19</td> </tr> <tr> <td>Est. Taxes + Insurance (Escrow)</td> <td>$112.50</td> </tr> <tr> <td>Total Est. Monthly Payment</td> <td>$697.69</td> </tr> </table> Security: Buyer gives Seller a security interest in: [X] The goods or property being purchased, including the Manufactured Home. [X] Real property located at: 931 HARRIS ST MUSKOGEE OK 74403 Late Charge: If a payment is more than 15 days late, Buyer will be charged 5% of the unpaid amount of such payment. Other references in this Contract to the "Late Charge" refer to this amount. Prepayment: If Buyer pays off early, Buyer will not have to pay a penalty. Assumption: Someone buying the Manufactured Home may be allowed to assume the remainder of Buyer's obligations under this Contract on the original terms only if such person is approved by Sellers. There is no guarantee that you will be able to refinance to lower your rate and payments. Other Information: Refer to the rest of this Contract for additional information about nonpayment, default, any required payment in full before the scheduled date and prepayment refunds and penalties. INSURANCE: PROPERTY INSURANCE ON THE MANUFACTURED HOME IS REQUIRED FOR THE TERM OF THIS CONTRACT. BUYER HAS THE RIGHT TO OBTAIN SUCH INSURANCE FROM ANYONE AUTHORIZED BY LAW TO SELL IT WHO IS REASONABLY ACCEPTABLE TO SELLER. By checking the appropriate box and signing below, Buyer elects to buy through Seller, property insurance of the specified coverage, term and premium. <table> <tr> <th>Type of Insurance</th> <th>Term</th> <th>Premium</th> </tr> <tr> <td>[X] MobiOwners</td> <td>12</td> <td>$800.00</td> </tr> <tr> <td>[ ] N/A</td> <td>N/A</td> <td>N/A</td> </tr> </table> Buyer's signature indicates Buyer's election to obtain the above marked property insurance for the type, term, and premium shown. Signature: Olivia Renae AYERS Date: 6/19/13 Signature: JACK EDWARD AXER JR Date: 6/14/13 OPTIONAL HOME BUYER PROTECTION PLAN (HBPP): Buyer protection plans are voluntary and are not required to obtain credit. If the box below is checked and signed, Buyer has elected to purchase HBPP for the terms shown below. <table> <tr> <th>Type of Insurance</th> <th>Term</th> <th>Premium</th> </tr> <tr> <td>[ ] N/A</td> <td>N/A</td> <td>N/A</td> </tr> </table> Buyer's signature indicates Buyer's election to obtain the above marked buyer protection plan for the term and premium shown. Signature ________________________________ Date _______________ Signature ________________________________ Date _______________ SERVICE PLAN: OPTIONAL HOME PROTECTION PLAN (HPP): Service plans are voluntary and are not required to obtain credit. If the box below is checked and signed, Buyer has elected to purchase HPP for the terms shown below. <table> <tr> <th>Type of Insurance</th> <th>Term</th> <th>Premium</th> </tr> <tr> <td>[ ] N/A</td> <td>N/A</td> <td>N/A</td> </tr> </table> Buyer's signature indicates Buyer's election to obtain the above marked service plan for the term and cost shown. Signature ________________________________ Date _______________ Signature ________________________________ Date _______________ ITEMIZATION OF AMOUNT FINANCED: 1. Cash Price a. Manufactured Home Including Sales Tax of $522.00 $54,022.00 b. c. Total Cash Price $54,022.00 2. Downpayment $3,530.00 a. Cash Downpayment Trade-in (Year, Make, Model) N/A N/A Length N/A Width N/A Trade Allowance N/A Liens N/A b. Net Trade-In Allowance $.00 c. Total Downpayment $3,530.00 d. 3. Unpaid Balance of Cash Price (1c minus 2c and 2d) $50,492.00 4. Amounts paid to others on Buyer's behalf (1) To Insurance Companies $800.00 ** (a) Property Insurance $.00 ** (b) (2) To Public Officials (a) Certificate of Title $22.50 (b) Filing/Recording Fees $150.00 (3) To $.00 ** (4) To $.00 ** (5) To $.00 ** (6) To LAND SURVEY $600.00 ** (7) To APPRAISAL FEE $475.00 ** (8) To $.00 ** (9) To TITLE SEARCH $400.00 ** (10) To $.00 ** (11) To $.00 ** (12) To $.00 ** (13) To $.00 ** (14) To $.00 ** Total (items (1) through (14)) $2,447.50 5. Prepaid Finance Charges (may include items paid to third parties; items may be financed in part and paid in cash in part) (1) Financed (a) ORIGINATION FEE $1,047.79 ** (b) DISCOUNT POINTS $2,619.48 ** (c) $.00 ** (d) ATTORNEY FEE $200.00 ** (e) $.00 ** (f) $.00 ** (2) Paid in cash (a) $.00 ** (b) $.00 ** (c) $.00 ** (d) $.00 ** (e) $.00 ** (f) $.00 ** 6. Unpaid Balance (3 plus 4 plus total of items in 5(1)) $56,806.77 7. Prepaid Finance Charges (total of all items in 5) $3,867.27 8. Amount Financed (6 minus 7) $52,939.50 **Seller may retain, or receive, a portion of these amounts Security interest fees paid in cash (including filing fees and taxes) $.00 Security interest termination, release, discharge or satisfaction fees paid upon termination: $172.50 (e). This fee is not being paid by Buyer at closing, and is estimated for disclosure purposes. The actual amount paid at the time of termination of the security interest may be more or less than the estimate depending on the amount charged by the public official. *e* means estimate SECURITY INTEREST: To secure payment of all sums due or which become due under this Contract, and Buyer's performance of all other terms of the Contract, Buyer grants Seller a first priority security interest in (1) the Manufactured Home, and all accessions, attachments, accessories, replacements and additions to the Manufactured Home, whether added now or later, (2) the "Property" described in any mortgage or deed of trust Buyer gives to Seller, (3) Buyer's rights to refunds of premiums for and payments under, and proceeds of any insurance or any extended warranty or service contract purchased with the proceeds of this Contract, (4) any amounts held in escrow by Seller for Buyer, and (5) proceeds and products of all of the foregoing (collectively, the "Collateral"). Seller's security interest shall remain in effect until Buyer pays, in full, all amounts due under the Contract. Despite any other provision of the Contract, however, Seller is not granted, and does not have, a nonpurchase money security interest in household goods, to the extent such a security interest is prohibited by applicable law. Buyer will pay any filing or recording fees necessary for Seller to obtain and hold a first priority security interest. To the extent allowed by law, Buyer also agrees to pay any release, discharge or termination fees, after the Buyer pays the Contract in full. Buyer agrees to execute any application for certificate of title or ownership, financing statement or other document necessary to perfect Seller's security interest in the Manufactured Home. Buyer authorizes Seller to sign Buyer's name to any financing statement or application or other document, necessary to perfect the security interest granted by Buyer herein. If Seller is taking a security interest in real property, such interest is reflected in a mortgage or deed of trust signed in conjunction with this Contract. BUYER'S RIGHT TO PREPAY: BUYER MAY PREPAY ANY AMOUNTS DUE UNDER THIS CONTRACT AT ANY TIME WITHOUT PENALTY. A Principal only payment is known as a "Prepayment." Seller will not treat a payment as a Prepayment unless the Buyer previously made all monthly payments of principal and finance charges and fully paid and satisfied all other obligations due under this Contract. If the Buyer meets these conditions, Buyer may make a Prepayment by sending such Prepayment in accordance with the written instructions provided by Seller in a monthly billing statement or otherwise. Buyer may make a full Prepayment or partial Prepayments without paying a Prepayment charge. If Buyer (1) prepay this Contract in full, or (2) defaults and fails to cure the default and Seller demands payment of the entire balance due on this Contract, no portion of any Prepaid Finance Charge will be refunded. All Prepaid Finance Charges are earned at the time this Contract is made. ASSUMPTION: Someone buying the Manufactured Home may assume the remainder of Buyer's obligations under this Contract on the original terms only if such person is approved by Seller. PROPERTY INSURANCE: Buyer is required to insure the Manufactured Home against physical damage, including loss by fire, hazards included within the term "extended coverage," and any other hazards for which Seller requires insurance, for the term of the Contract at Buyer's expense. If Buyer financed the premium, the premium is financed over the term of the Contract, even though the term of insurance is less than the Contract term. The Buyer must obtain the types and amounts of insurance coverage required by Seller, including flood insurance if applicable. The insurance policy must contain a loss payable clause protecting Seller (as Seller's interest may appear), and provide for at least a 10 day notice of cancellation to Seller. Buyer agrees to provide written proof of such coverage to Seller within 5 days of Seller's request. BUYER HAS THE RIGHT TO CHOOSE THE PERSON THROUGH WHOM THE PROPERTY INSURANCE IS OBTAINED. Seller reserves the right to refuse to accept, for reasonable cause, an insurer chosen by the Buyer. If Buyer's insurance coverage expires or is canceled prior to payment in full of this Contract, Buyer must obtain coverage in the amounts, types, and for the periods that Seller requires at Buyer's expense for the remaining term of the Contract. Seller's property insurance coverage requirements can change during the term of the Contract. Should Buyer fail to provide or maintain property insurance or fail to provide Seller with satisfactory evidence of coverage, or should the property insurance, for any reason, not protect Seller's interests, Seller, in its sole discretion, may obtain property insurance that meets its requirements, but is under no legal obligation to do so. Before obtaining insurance in these circumstances, Seller will, in good faith, attempt to inform Buyer in writing of the need for Buyer to obtain property insurance and/or to provide evidence thereof. If obtained by Seller, Seller will add the cost of the insurance to the amount due under the Contract. That amount will become due and payable upon demand by the Seller, in payments added to Buyer's scheduled payments, or as otherwise required by Seller. Seller may charge Buyer finance charges on such cost at the Contract Rate, unless prohibited by applicable law. The property insurance obtained by Seller may have material differences from insurance initially financed under the Contract or from insurance obtained by the Buyer initially or at any time during the term of the Contract. Such insurance may be significantly more expensive to Buyer than if Buyer obtained the insurance. Consequently, Seller makes the following disclosures to Buyer: (a) The property insurance that Seller obtains is intended solely to protect the Seller's interest hereunder, and Seller may not obtain coverages beyond those to insure loss of or damage to the Manufactured Home; in particular, such insurance may not provide coverage for personal effects, adjacent structures, medical expenses or personal liability; additionally, such coverage may not insure the Manufactured Home in an amount equal to the Unpaid Balance due under this Contract and, consequently, in the event of loss or damage, the insurance may not pay the full amount of the Unpaid Balance of the Contract; (b) If Seller obtains this insurance due to Buyer default, Buyer acknowledges and agrees that Seller has no duty to obtain insurance on behalf of Buyer which is the least expensive, or which has a competitive marketplace premium or any other particular feature; (c) Seller or its affiliates may be reimbursed for expenses and may profit from taking action to cure Buyer's default by providing and maintaining such insurance; (d) Buyer's execution of this Contract authorizes Seller to provide third parties with any information necessary to obtain insurance on the Manufactured Home and monitor the status of such insurance; and (e) Buyer may, as stated above, at any time, including after Seller obtains property insurance on Buyer's behalf, obtain insurance through an agent or insurer of Buyer's choice. Upon so doing, Buyer may provide Seller with sufficient evidence of insurance coverage, at which time, Seller will cancel the insurance coverage it obtained on Buyer's behalf, obtain any refund due on the unearned portion of the premium, and apply the refund to the Unpaid Balance of the Contract. Property insurance proceeds (whether such insurance has been obtained by Buyer or Seller) shall be applied to the restoration or repair of the Manufactured Home, if it is economically feasible and does not lessen the Seller's security interest in the Manufactured Home. If this is not the case, or if the insurer determines that the Manufactured Home represents a total loss under the coverage, Seller will apply such insurance proceeds to reduce all amounts owing under this Contract, whether or not such amounts are due and payable. Buyer authorizes Seller to (a) adjust or settle Buyer's claim for loss under such insurance; (b) sign Buyer's name to any check, draft or other documents necessary to obtain such insurance proceeds; and (c) hold such insurance proceeds until Seller has the opportunity to inspect the Manufactured Home and ensure that work to restore or repair the Manufactured Home is completed to Seller's satisfaction, without incurring an obligation to pay Buyer earnings or interest on such proceeds. Seller may disburse proceeds in a single payment or a series of payments and Buyer authorizes any insurer to make such payment directly to Seller. If insurance proceeds paid to Seller do not satisfy all amounts Buyer owes to Seller under this Contract, Buyer is responsible for paying the balance. ESCROW ITEMS: To the extent permitted by law, Seller may, at Seller's option, require Buyer to make payments in addition to those set forth in Buyer's Payment Schedule ("Escrow Payments") which Seller will collect and hold for (1) the payment of property insurance premiums required under this Contract, (2) the payment of taxes and assessments, and (3) other items which might attain priority over Seller's security interest (each, an "Escrow Item"). Seller will use Buyer's Escrow Payments to pay Escrow Items as they come due. THE BUYER'S PAYMENT SCHEDULE IN THIS CONTRACT DOES NOT INCLUDE ANY AMOUNT TO BE PAID UNDER ANY SUCH ESCROW ACCOUNT. SERVICING CHARGES: Buyer agrees to pay all reasonable charges for Seller's performance of additional services requested by Buyer in connection with the servicing of this Contract, to the extent permitted by applicable law. These charges may include, but are not limited to, amortization schedule fee, document copy fee, duplicate year end statement fee, name change fee, payoff statement fee, pay-by-phone fee or convenience fee (if Buyer elects to make a payment in a manner where such a fee is imposed, including but not limited to a wire transfer, electronic transfer, or through a web site), payment history fee, short payoff overnight fee and verification of credit fee and verification of mortgage fee. ADVANCES TO PROTECT THE COLLATERAL: If Buyer fails to pay for required insurance, if Buyer fails to pay park or lot rent (and any other related charges), if Buyer fails to satisfy taxes, assessments, or other liens or encumbrances against the Manufactured Home, if Buyer fails to keep the Manufactured Home in good repair or if Buyer fails to make any other payments required by this Contract or applicable law, Seller may (but is not required to) make such repairs or payments as Seller chooses. Seller will add any and all such payments and any amounts Seller pays to protect or enforce Seller's security interest to the amount Buyer owes Seller under this Contract, and all such amounts will be secured by the Collateral. At Seller's sole option, Seller may (1) demand that Buyer repay these amounts immediately, or (2) add these amounts to Buyer's regularly scheduled payments, or (3) add these amounts as additional installments due or (4) add these amounts to the final installment due on this Contract. Unless prohibited by law, Buyer agrees to pay finance charges at the Contract Rate on any amounts that Buyer does not repay immediately. DELINQUENCY AND DEFAULT: Time is of the essence. If a payment is more than 15 days late, Buyer agrees to pay the Late Charge indicated in the "Truth in Lending Disclosures" section of this Contract. If any check, negotiable instrument of withdrawal, electronic payment draft or any other instrument is dishonored by Buyer's financial institution, Buyer will pay a fee of $20.00, in addition to being required to make payment on the item. Buyer will be in default under this Contract if: (1) Buyer fails to make any payment when due; (2) Buyer otherwise fails to perform any of Buyer's obligations under this Contract or under any mortgage or deed of trust which secures this Contract; (3) Buyer dies or becomes legally unable to manage Buyer's affairs; (4) any statement of fact, representation or warranty Buyer makes to Seller in Buyer's application for credit, any other document submitted to the Seller or signed by Buyer in connection with this Contract, or in any Contract document is false, misleading, inaccurate, or incomplete; or (5) Buyer files a petition in bankruptcy, or a party files a petition in bankruptcy against Buyer. In the event of Buyer's default, Seller will give Buyer notice of the default and right to cure the default ("Notice of Default"). Buyer is not entitled to a Notice of Default if Buyer abandons or voluntarily surrenders the Manufactured Home, or if other extreme circumstances exist. Buyer is not, under any circumstances, entitled to a Notice of Default more than twice in any one year period. If Buyer does not cure the default within 30 days after the postmarked date of the Notice of Default, or if a Notice of Default is not required to be sent, Seller may (1) accelerate the maturity of the debt and require Buyer to pay Seller the entire remaining balance and all other amounts due under the Contract, (2) require Buyer to make the Manufactured Home available to Seller, (3) take legal action against Buyer, (4) repossess the Manufactured Home, (5) enforce such rights and remedies available to Seller under the uniform commercial code and other applicable law, and (6) foreclose on the real property, if applicable. Seller, at its sole option, may elect to sever and remove the Manufactured Home from any real property where it is located, regardless of whether the real property secures this Contract. In the event of default, Buyer also agrees to pay Seller's expenses for (a) reasonable attorney's fees not to exceed 15% of Buyer's Unpaid Balance after referral to an attorney who is not a salaried employee of the Seller; (b) court costs and disbursements; and (c) costs of repossessing the Manufactured Home including the costs of storage, reconditioning, and resale. Before Seller sells the Manufactured Home, Buyer can get the Manufactured Home back if Buyer either (1) pays off the Contract by paying Seller the entire remaining balance and all other amounts due under the Contract (redeem), or (2) cures the default by paying Seller the amounts which are past due, including Late Charges (reinstate). Regardless of whether Buyer redeems or reinstates, and before Buyer can get the Manufactured Home back, Buyer must also (1) pay Seller the cost of taking, storing and redelivering the Manufactured Home and other expenses Seller incurs; (2) pay Seller all other charges and other expenses provided for under this Contract; (3) pay any amounts advanced by Seller to protect the Collateral, without regard to any agreement to repay such amounts advanced on a periodic basis, including but not limited to unpaid insurance premiums, park or lot rent, taxes, assessments or similar items; and (4) cure any other defaults. Buyer's rights to redeem and/or reinstate end upon sale of the Manufactured Home unless otherwise required by law. All rights and remedies under this Contract and any mortgage or deed of trust executed herewith are cumulative, but Buyer's right to a written notice of default and 30 days to cure, as set forth in this Contract, shall not be affected by any inconsistent provision of any mortgage or deed of trust. Any personal property of Buyer's located in or attached to the Manufactured Home and not subject to Seller's security interest may be held by Seller without liability if the Seller repossesses the Manufactured Home. Buyer will be deemed to have waived any claim to such personal property unless written demand by certified mail is made upon Seller within twenty-five (25) days after repossession. If Buyer fails to give Seller such written demand, Seller may dispose of such personal property. INFORMATION SHARING: Seller may investigate Buyer's credit history and credit capacity in connection with establishing, modifying, extending, and/or enforcing Buyer's account, and share information about Buyer and Buyer's account with credit reporting agencies and others as allowed by law. Seller may also verify Buyer's employment, income, assets, and debts; and anyone receiving a copy of this Contract is hereby authorized to release such information to Seller. Buyer authorizes Seller to release to third parties any information necessary to monitor the status of insurance on Buyer's Manufactured Home, and to obtain the insurance described in this Contract. If Buyer's Manufactured Home is on rented property or property that is not owned by Buyer, Buyer authorizes Seller and Buyer's landlord (or the property owner) to exchange information as to Seller's security interest in Buyer's Manufactured Home and the lease or arrangement, as well as to the obligations, and the status of such obligations, of Buyer to Seller under this Contract. Whether or not the Buyer rents the Manufactured Home to a party in accordance with the terms of this Contract, Buyer authorizes Seller and Buyer's renter to exchange information as to Seller's security interest in Buyer's Manufactured Home and the rental agreement or arrangement, as well as to the obligations, and the status of such obligations of Buyer to Seller under this Contract. This provision also applies to any co-signor who executes this Contract. OTHER TERMS AND CONDITIONS: Buyer will not move the Manufactured Home without Seller's prior written consent. Buyer will not sell the Manufactured Home without Seller's prior written consent. Buyer agrees that the Manufactured Home is, and shall remain, during the term of this Contract, personal property. Unless Seller gives prior written consent, Buyer shall not allow the Manufactured Home to become a part of real estate or to lose its status as personal property under applicable law. Buyer will not encumber or abandon the Manufactured Home, nor allow any lot lien, landlord lien, or similar lien, which may by law be superior to Seller's security interest, to encumber the Manufactured Home. Buyer will not use the Manufactured Home for illegal activity. Buyer will not use the Manufactured Home for business or hire, or rent it to another party, without obtaining Seller's prior written consent. Buyer will pay promptly all taxes, assessments, and any liens and encumbrances on the Manufactured Home. Buyer will notify Seller promptly of any loss or damage to the Manufactured Home, as well as any condemnation, confiscation or theft of the Manufactured Home. Upon Seller's request, Buyer will promptly provide Seller with proof satisfactory to Seller that: (1) Buyer has the insurance required under this Contract; (2) Buyer has paid all taxes assessed against the Manufactured Home; (3) Buyer has paid all park or lot rent (and any other related charges) due; (4) Seller holds the only lien against the Manufactured Home; (5) the Manufactured Home is in good condition and repair; and (6) Buyer has complied with all of the promises Buyer made in this Contract. Seller may inspect the Manufactured Home at any time. If Buyer is married, and residing in a community property state, both Buyer's community property and separate property are liable for all payments under this Contract. Buyer waives all marital rights, homestead exemption and other exemptions relating to the Collateral. Buyer will cooperate with Seller regarding any requests after closing to correct any errors with respect to this Contract or the transaction and agrees to provide any and all additional documentation deemed necessary by Seller to complete this transaction. Seller may rely on a telecopy, photocopy, or electronically imaged copy of this Contract as if it were an original, including use in legal proceedings or arbitrations. Buyer acknowledges that any broker or other third party used to facilitate this transaction may receive compensation from Seller for its services. If Borrower purchased a Home Buyer Protection Plan (HBPP) or Home Protection Plan (HPP), the cost is financed over the term of the Contract, even though the term of the plan is shorter than the Contract term. WAIVER AND MODIFICATION: Seller's waiver of any default shall not constitute a waiver of any other default. The procurement of required property insurance, or the payment of taxes, or other liens, or other charges, by Seller shall not be a waiver of Seller's right to accelerate the maturity of this Contract and declare default herein. To the extent permitted by law, Buyer agrees to give up Buyer's rights to require Seller to do certain things. Buyer does not give up any rights that are provided in this Contract. Unless the law or this Contract provides otherwise, Seller is not required to: (1) demand payment of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time, or manner; or, (3) give notice that Seller intends to make, or is making, this Contract immediately due. WARRANTIES: SELLER MAKES NO WARRANTIES ON THE MANUFACTURED HOME, AND EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, UNLESS GIVEN TO BUYER BY SELLER IN WRITING AT THE TIME OF SALE, OR SELLER ENTERS INTO A WRITTEN SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT. BUYER AGREES THAT THE YEAR OF THE MANUFACTURED HOME IS FOR IDENTIFICATION PURPOSES ONLY AND MAY NOT BE THE BASIS FOR A WARRANTY OR OTHER CLAIM AGAINST SELLER. THE ABOVE DISCLAIMERS DO NOT AFFECT ANY WARRANTIES COVERING THE MANUFACTURED HOME THAT MAY BE PROVIDED BY THE MANUFACTURER, OTHER THIRD PARTIES, OR THAT ARE REQUIRED BY LAW. VALIDITY AND EFFECTIVENESS: Wherever possible each provision of this Contract shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Contract is prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, however, the remainder of such provision or the remaining provisions of this Contract shall not be invalidated. The Contract has been delivered in the state of Seller's place of business, as indicated below, and shall be governed both as to issues of formation and performance by the laws of that state and applicable federal law. This Contract shall have no effect until and unless signed by Buyer and Seller. Seller does not intend to charge or collect any finance charge, charge, or fee greater than the law allows. If Seller charges or collects any amount greater than what the law allows, Seller will apply the excess to the Unpaid Balance and any other amounts due under the Contract and shall refund any excess. Seller will treat any amount applied to the Unpaid Balance as a partial Prepayment. ASSIGNMENT: Seller may assign this Contract to any person or entity. ENTIRE AGREEMENT: This Contract, any separate written warranty, the Retailer Closing Agreement, escrow agreement, sales/purchase agreement, and any mortgage or deed of trust, together, the "Entire Agreement Documents," shall constitute the entire agreement between Buyer and Seller. To the extent permitted by applicable law, Buyer agrees that no representations, oral or written, have been made to Buyer to induce Buyer to enter into the Entire Agreement Documents, except as set forth therein. GUARANTY: Any Co-Signer signing the guaranty of this Contract agrees that all amounts owed under this Contract will be paid when due. Co-Signer's obligation continues even if Buyer is released or if Seller waives or delays enforcement of any rights under this Contract. Seller need not give Co-Signer notice of any such waiver, delay or release. See Notice to Co-Signer before signing this guaranty. THIS SPACE LEFT INTENTIONALLY BLANK. OTHER WAIVERS: With respect to all disputes, claims, controversies, grievances, causes of action, including, but not limited to, common law claims, contract and warranty claims, tort claims, statutory claims, and, where applicable, administrative law claims, and any other matter in question ("Claims") arising from or relating to this Note, any products/goods, services, insurance, or real property (including improvements to the real property) sold or financed under this Note, any events leading up to this Note, the collection and servicing of this Note, and the interpretation, scope, validity or enforceability of this Note, except to the extent that Borrower establishes that the waiver is prohibited by law: A. Class Action Waiver: Borrower waives the right to participate as a representative or member in a class action or otherwise join Borrower's Claims with those of any other person. This waiver will remain enforceable even if any portion of this Note is otherwise found to be unenforceable. Borrower and Lender agree that this waiver is made knowingly, willingly, and voluntarily. B. Jury Waiver: Borrower and Lender hereby expressly and irrevocably waive any right to a trial by jury of any Claims covered by this Note. This waiver will remain enforceable even if any portion of this Note is otherwise found to be unenforceable. Borrower and Lender agree that this waiver is made knowingly, willingly, and voluntarily. TO CONTACT VANDERBILT MORTGAGE AND FINANCE, INC. ABOUT THIS ACCOUNT CALL (865) 380-3000 OR (800)-970-7250. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR (BUYER) COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR (BUYER) SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR (BUYER) HEREUNDER. NOTICE TO THE BUYER: 1. DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. 2. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. 3. BY SIGNING THIS CONTRACT, YOU ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT. 4. AT ANY TIME, YOU HAVE THE RIGHT TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS CONTRACT WITHOUT PENALTY. SELLER'S AGREEMENT AND ASSIGNMENT: Seller hereby agrees to this Contract. Additionally, Seller hereby assigns this Contract, together with Seller's rights, title and interests in the Collateral and all real property (if any) securing this Contract, to Vanderbilt Mortgage and Finance, Inc. (the "Assignee"), located at 500 Alcoa Trail, Maryville, Tennessee 37804. Notice of acceptance is hereby waived. IT IS IMPORTANT THAT YOU THOROUGHLY READ THIS CONTRACT BEFORE YOU SIGN IT. THE ANNUAL PERCENTAGE RATE MAY BE NEGOTIABLE WITH THE SELLER. THE SELLER MAY ASSIGN THIS CONTRACT AND RETAIN THE RIGHT TO RECEIVE A PART OF THE FINANCE CHARGE. Executed by the parties this _19___ day of _June_ (Year) _2013_ BUYER(S): DELENA RENNEE AYERS JACK EDWARD AYERS JR GUARANTY OF BUYER'S PROMISES: The undersigned, separately and together, agree(s) to pay all amounts due on this Contract until all amounts due on this Contract are paid in full. The undersigned also agree(s) to all the terms and conditions of this Contract. (Co-Signer) (Co-Signer) ASSIGNMENT BY VANDERBILT MORTGAGE AND FINANCE, INC. VANDERBILT MORTGAGE AND FINANCE, INC., having been assigned this Contract, hereby assigns to__________________________ ______________________ the foregoing Contract, including all amounts payable by Buyer and the security interest in the Collateral, without recourse. Date: ________________ By: __________________________ Title: __________________________