Gateway Mortgage Group, a division of Gateway First Bank, p/k/a Gateway Mortgage Group, LLC v. Susan Good

IN THE DISTRICT COURT OF CREEK COUNTY STATE OF OKLAHOMA GATEWAY MORTGAGE GROUP, a division of Gateway First Bank, p/k/a Gateway Mortgage Group, LLC, Plaintiff, vs. SUSAN GOOD; RICHARD ROE (real name unknown), spouse, if any, of Susan Good; OCCUPANTS OF THE PREMISES, Defendants. PETITION COMES NOW the Plaintiff and for its causes of action against the Defendants, alleges and states as follows: 1. Plaintiff, GATEWAY MORTGAGE GROUP, a division of Gateway First Bank, p/k/a Gateway Mortgage Group, LLC, was at all times hereinafter mentioned, and now is duly organized, existing and authorized to bring this action. 2. This Court has jurisdiction for this cause of action and venue is proper in this Court. 3. That the Plaintiff does not know, and with due diligence is unable to ascertain, the true and correct name(s) of the individuals occupying the Subject Property, and therefore sue said individuals by the names of Occupants of the Premises, whose true and correct names are unknown to Plaintiff. That said individuals are made party Defendants herein to foreclose any right, title, or interest which they may have or claim to have in and to the Subject Property and premises herein sued upon by reason of their occupancy. 4. That the Plaintiff does not know the current marital status of the Defendant, Susan Good, and therefore joins /her spouse, if any, Richard Roe, real name unknown, in order to foreclose any possible homestead interest which she/he may have or claim to have in said real estate premises. 5. On the 30th day of April, 2010, Defendant, Susan Good, made, executed and delivered to Plaintiff a promissory note, in writing, promising and agreeing to pay to the holder thereof the principal sum of $146,116.00 plus interest thereon at the rate of 5.250% per annum on the unpaid balance, payable in monthly installments of $806.86, to be applied first to the interest on the unpaid balance and the remainder to the principal until said debt is paid in full (the “Note”). A true and correct copy of the Note is attached hereto as Exhibit “A” and made a part hereof, as if incorporated herein in full. Plaintiff is the current Note holder, in possession. 6. That as part and parcel of the same transaction, and for the purpose of securing the payment of the Note and all of the indebtedness evidenced thereby, the Defendant, Susan Good, made, executed, and delivered to “MERS” as nominee for Plaintiff, a real estate mortgage (the “Mortgage”) covering the following described real estate in Creek County, Oklahoma, to-wit: Lot Three (3), Block Five (5), THE LAKES AT JEFFERSON HEIGHTS PHASE I, a tract of land being a part of the North Half of the Southeast (N/2 SE/4) of Section Four (4), Township Seventeen (17) North, Range Eleven (11) East of the Indian Base and Meridian, Creek County, State of Oklahoma, according to the Recorded Plat thereof. (the “Subject Property”) Said Mortgage was duly recorded in Book 0721 at Page 1823 in the office of the County Clerk of Creek County, Oklahoma on May 19, 2010. The mortgage tax due on said Mortgage, as provided by the laws of the State of Oklahoma, has been paid, as evidenced by the endorsement thereon. A true and correct copy of the Mortgage is attached hereto, marked Exhibit “B” and made a part hereof, as if incorporated herein in full. That said Mortgage was assigned to Plaintiff by an Assignment of Mortgage recorded on February 19, 2020 in Book 1231 at Page 0875 in the office of the County Clerk of Creek County. A true and correct copy of Assignment is attached hereto, marked Exhibit “C”. 7. That Plaintiff has complied with all of the terms, conditions precedent and provisions of said Note and Mortgage and is duly empowered to bring this suit. 8. That said Mortgage provides that, in addition to the monthly payments of principal and interest as provided in said Note, the Mortgagors will pay on the day monthly payments of principal and interest are payable under the Note, installments of taxes, assessments, hazard insurance, and mortgage insurance premiums relating to said property and said Mortgage. 9. That said Note and Mortgage provide that if default be made in payment of any of the monthly installments, or on failure or neglect to keep or perform any of the other conditions and covenants of the Mortgage, that the entire principal sum and accrued interest, together with all other sums secured by said Mortgage, shall at once become due and payable, at the option of the holder thereof, and the holder shall be entitled to foreclose said Mortgage and recover the unpaid principal thereon and all expenditures of the Mortgagee made thereunder, with interest thereon, and to have said premises sold and the proceeds applied to the payment of the indebtedness secured thereby, together with all legal and necessary expenses and all costs. 10. That default has been made upon said Note and Mortgage in that the installments due January 1, 2019 and thereafter have not been paid. 11. By reason of the default, aforesaid, Plaintiff will be required to pay abstracting charges and other title search expenses during the pendency of this action, and Plaintiff, as provided in the Note and Mortgage, is entitled to reimbursement for these costs. 12. That said Note and Mortgage provide that in case of a foreclosure of said Mortgage and as often as any proceedings shall be taken to foreclose the same, the makers will pay an attorney’s fee as therein provided, and that the same shall be a further charge and lien on said premises. 13. That after allowing all just credits there is due to Plaintiff on said Note and Mortgage the principal sum of $123,040.02 plus interest thereon accrued thereon through February 11, 2020 in the amount of $7,713.18 plus interest accruing thereafter at 5.250% per annum until paid, with abstracting expenses with interest thereon, until paid, and a reasonable attorney’s fee, and for such sums as may be advanced or incurred by Plaintiff during the pendency of this action for taxes, assessments, hazard insurance premiums, expenses reasonably necessary for the preservation of the Subject Property or of the priority of Plaintiff’s first mortgage lien including costs, expenses and attorney’s fees incurred in any bankruptcy instituted by any particular Defendants and all expenses, costs and attorney’s fees of execution and sale on any judgment hereafter entered in this cause, including poundage upon sale for which said Mortgage is a first, prior and superior lien upon the real estate and premises above described. 14. That said Mortgage specifically provides that appraisement of said property is expressly waived or not waived at the option of the mortgagee. 15. That said interest or claims arising by reason of the foregoing facts and circumstances, as well as any other right, title or interest which the Defendants named herein, or any or either of them have or claim to have, in or to the Subject Property and premises is subsequent, junior and inferior to the Mortgage and lien of the Plaintiff. 16. This is an attempt to collect a debt and any information obtained will be used for that purpose. IMPORTANT NOTICE REGARDING YOUR RIGHTS UNDER FEDERAL LAW: UNLESS YOU NOTIFY THIS OFFICE WITHIN THIRTY (30) DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION OF THE DEBT, THIS OFFICE WILL ASSUME THAT THE DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN THIRTY (30) DAYS FROM RECEIVING THIS NOTICE, THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, THIS OFFICE WILL OBTAIN VERIFICATION OF THE DEBT (OR OBTAIN A COPY OF A JUDGMENT, IF THE DEBT HAS BEEN REDUCED TO JUDGMENT) AND MAIL THE VERIFICATION TO YOU. IN ADDITION, IF YOU REQUEST FROM THIS OFFICE IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIVING THIS NOTICE, THIS OFFICE WILL ALSO PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. 17. IMPORTANT NOTICE REGARDING YOUR RIGHTS UNDER FEDERAL LAW: The law does not require me to wait until the end of the thirty-day period following first contact with you before suing you to collect the debt. Even though the law provides that your answer to the petition is to be filed in this action within 20-days you may obtain an extension of that time. Furthermore, no request will be made to the Court for a judgment until the expiration of thirty days after your receipt of this petition and summons. However, if, you request proof of the debt or the name and address of the original creditor within the thirty-day period that begins with your receipt of this petition and summons, the law requires me to cease my efforts (through litigation or otherwise) to collect the debt until I mail the requested information to you. You should consult an attorney for advice concerning your rights and obligations in this suit. 17. You are hereby notified that Plaintiff or its servicer may be reporting the defaults and/or delinquencies under the promissory note set out above, to appropriate credit reporting bureaus. WHEREFORE, premises considered, Plaintiff prays that it have judgment in personam against the Defendant, Susan Good, and judgment in rem as to all Defendants in the principal sum of $123,040.02 plus interest thereon accrued through February 11, 2020, in the amount of $7,713.18 plus interest accruing thereafter at the rate of 5.250% per annum until paid, a reasonable attorney’s fee, plus abstracting expenses, plus advances for taxes, insurance, property preservation, late charges and court costs, accrued and accruing during the pendency of this action. Plaintiff prays for a further judgment as to the Defendants, adjudging: That Plaintiff’s Mortgage constitutes a valid first, prior, and superior lien upon the Subject Property, ordering the lien of the Mortgage be foreclosed for said sums and against each Defendant, and that the Subject Property be ordered sold, with or without appraisement as elected by Plaintiff at the time judgment is rendered, with the proceeds of said sale applied first to the costs herein, then to the payment and satisfaction of Plaintiff’s claim and judgment, with the surplus, if any, paid into Court to abide further order, and judgment determining the right, title, and interest of any and each of the Defendants and any person or entity claiming by or through them in and to the Subject Property, be subject, junior, and inferior to the Mortgage lien of Plaintiff, and adjudging upon confirmation of the sale of the property, all of the said Defendants, and all persons or entities claiming by, through or under them, or any of them, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to said property, or any part thereof; and such other and further relief as the Court may deem just and equitable under the circumstances. RIGGS ABNEY, NEAL TURPEN, ORBISON & LEWIS By: ________________________________ Ryan J. Assink, OBA #17568 502 W. 6th Street - Tulsa, OK 74119 PH: (918) 587-3161 - FX: (918) 587-9708 Email: [email protected] ATTORNEYS FOR PLAINTIFF STATE OF OKLAHOMA ) COUNTY OF TULSA ) ss. VERIFICATION Ryan J. Assink, of lawful age, being first duly sworn, upon his oath states that he is the attorney for Plaintiff herein, that he has read the above and foregoing document and that the contents thereof are true and correct to the best of his knowledge and belief. Ryan J. Assink, OBA #17568 Subscribed and sworn to before me this 18th day of February, 2020. MANDY J. WADE Notary Public State of Oklahoma Commission #04007193 Expires: August 10, 2020 Mandy J. Wade Notary Public MIN: Loan Number: NOTE FHA Case No. APRIL 30, 2010 Sapulpa OKLAHOMA [Date] [City] [State] 1385 W. Ross Ave, Sapulpa, Oklahoma 74066 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Gateway Mortgage Group LLC and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED FORTY-SIX THOUSAND ONE HUNDRED SIXTEEN AND 00/100 Dollars (U.S. $ 146,116.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FIVE AND 250/1000 percent (5 .250 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the 1st day of each month beginning on JUNE 1, 2010. Any principal and interest remaining on the 1st day of MAY, 2040 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 6910 E 14th St, Tulsa, Oklahoma 74112 , or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 806.86 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box.) [ ] Growing Equity Allonge [ ] Graduated Payment Allonge [ ] Other (specify): 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR AND 000/1000 percent (4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances, regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of Dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by delivering it or by mailing it by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Susan Good (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Sign Original Only) RECEIPT NO. 2446 Mortgage Tax Paid $146.20 This 19th day of May 2010 JEFF SPARKS, Co. Treas. Deputy 10 5619 After Recording Return To: Gateway Mortgage Group LLC 6910 E 14th St Tulsa, Oklahoma 74112 Loan Number: TULSA ABSTRACT & TITLE II MEMORIAL PLACE 8023 E 63RD PL SUITE #600 TULSA, OK 74135 (918) 276-9066 2298456b [Space Above This Line For Recording Data] MORTGAGE MIN: THIS MORTGAGE ("Security Instrument") is given on APRIL 30, 2010 The mortgagor is Susan Good an unmarried woman ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS") as Mortgagee. MERS is the nominee for Lender, as hereinafter defined, and Lender's successors and assigns. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. Gateway Mortgage Group LLC ("Lender") is organized and existing under the laws of OKLAHOMA and has an address of 6910 East 14th Street, Tulsa, Oklahoma 74112 Borrower owes Lender the principal sum of ONE HUNDRED FORTY-SIX THOUSAND ONE HUNDRED SIXTEEN AND 00/100 Dollars (U.S. $146,116.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MAY 1, 2040. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in CREEK County, Oklahoma: SEE EXHIBIT 'A' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A.P.N.: 1529-00-005-000-0-030-C0 which has the address of 1385 W. Ross Ave [Sapulpa] [City] Oklahoma 74066 ("Property Address") TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. §2601 et seq., and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: FIRST, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; THIRD, to interest due under the Note; FOURTH, to amortization of the principal of the Note; and FIFTH, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower’s Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower’s principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower’s principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower’s control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower’s occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee tide to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 DAYS from the date hereof, Lender may, at its option require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 DAYS from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such insufficiency. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice in the manner required by applicable law to Borrower and any other persons prescribed by applicable law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security instrument. Borrower shall pay any recordation costs unless applicable law provides otherwise. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 20. Waiver of Appraisement. Appraisal of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. 21. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of U.S. $500, as a maximum amount, depending on whether the assumption includes a release of liability. 22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. ☐ Condominium Rider ☐ Graduated Payment Rider ☐ Growing Equity Rider ☐ Planned Unit Development Rider ☐ Adjustable Rate Rider ☐ Rehabilitation Loan Rider ☐ Non-Owner Occupancy Rider ☒ Other (Specify) SECTION184 RIDER NOTICE OF POWER OF SALE A power of sale has been granted to this Security Instrument. A power of sale may allow the Lender to take the Property and sell it without going to court in a foreclosure action upon default by Borrower under this Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages 1 through 8 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Susan Good (Seal) -Borrower _________________________ (Seal) -Borrower _________________________ (Seal) -Borrower _________________________ (Seal) -Borrower _________________________ (Seal) -Borrower _________________________ (Seal) -Borrower Witness: Witness: [Space Below This Line For Acknowledgment] State of OKLAHOMA County of Creek This instrument was acknowledged before me on ____4/130/10_____ by Susan Good, A SINGLE PERSON Signature of notarial officer SUSAN HARRELSON 01016415 Title Notary My commission expires: 9/28/13 Lot Three (3), Block Five (5), THE LAKES AT JEFFERSON HEIGHTS PHASE I, a tract of land being a part of the North Half of the Southeast (N/2 SE/4) of Section (4) Township Seventeen (17) North, Range Eleven (11) East of the Indian Base and Meridian Creek County, State of Oklahoma, according to the Recorded Plat thereof. #Four Loan Number: RIDER FOR SECTION 184 MORTGAGE FEE SIMPLE PROPERTY ONLY THIS RIDER FOR SECTION 184 MORTGAGE on FEE SIMPLE PROPERTY ONLY (not Trust or Allotted Land) is made this 30TH day of APRIL, 2010, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note to Gateway Mortgage Group LLC ("Lender") of the same date and covering the property described in the Security Instrument and located at: 1385 W. Ross Ave, Sapulpa, Oklahoma 74066 ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: 1. If the Security Instrument is assigned to the Secretary of Housing and Urban Development ("Secretary"), any foreclosure proceeding may take place in a tribal court, Federal district court, or other court of competent jurisdiction or non-judicially, if applicable. 2. This security instrument may be assumed, subject to credit approval by the Lender/HUD. Assumption shall not cause any adjustment of the interest rate. 3. Any and all foreclosure proceedings pertaining to the Security Instrument and any judgments arising from such proceedings are subject to the provisions of Section 184 of the Housing and Community Development Act of 1992, as amended, or any successor Act, and any regulations promulgated thereunder, as well as the applicable provisions of the foreclosure laws of the court of competent jurisdiction, if applicable. STATEMENT OF OCCUPANCY. Borrower(s) will occupy the subject property as a principal residence within sixty (60) days of the Loan closing. In the case of new construction Borrower(s) must occupy within 60 days of completion of construction and/or issuance of the certificate of occupancy. Borrower(s) further understand that occupancy is a requirement for the life of the 184 loan and that the home shall not be vacated or converted to rental while encumbered with a 184 Mortgage. Borrower(s) further confirm and understand and agree that failure to occupy the property as a principal residence as provided above, shall constitute a default under the terms and conditions of the loan, and upon the occurrence of such default the whole sum of principal and interest shall immediately become due and payable at the option of the holder of the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants in this Rider for a Section 184 Mortgage for the Fee Simple Property. Susan Good (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, Mortgage Electronic Registration Systems, Inc. ("MERS"), as nominee for Gateway Mortgage Group, LLC, its successors and assigns, hereby assigns and transfers to Gateway Mortgage Group, a Division of Gateway First Bank, whose address is 244 South Gateway Place, Jenks, OK 74037, all of its right, title and interest in the below described mortgage situated in Creek County, State of Oklahoma, to-wit: Mortgagor: Susan Good, an unmarried woman Original Mortgagee: Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Gateway Mortgage Group, LLC Date of Mortgage: April 30, 2010 Date Recorded: May 19, 2010 Principal Sum: $146,116.00 Book: 0721 Page: 1823 Lot Three (3), Block Five (5), THE LAKES AT JEFFERSON HEIGHTS PHASE I, a tract of land being a part of the North Half of the Southeast (N/2 SE/4) of Section Four (4), Township Seventeen (17) North, Range Eleven (11) East of the Indian Base and Meridian, Creek County, State of Oklahoma, according to the Recorded Plat thereof. IN WITNESS WHEREOF, the said Mortgage Electronic Registration Systems, Inc., by the officer duly authorized, has executed the foregoing instrument on the 30 day of January, 2020. Mortgage Electronic Registration Systems, Inc., AS NOMINEE FOR GATEWAY MORTGAGE GROUP, LLC By: /s/ Chris Wiseley Chris Wiseley, Assistant Secretary STATE OF OKLAHOMA ) COUNTY OF TULSA ) SS. The foregoing Assignment of Mortgage was acknowledged before me this 30 day of January, 2020 by Chris Wiseley, who acknowledged that he is an Assistant Secretary offor Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Gateway Mortgage Group, LLC, its successors and assigns; and that he executed the foregoing instrument and that such execution was done as the free act and deed of Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Gateway Mortgage Group, LLC, its successors and assigns. My Commission Expires: 10-17-23 Notary Public LAURY FRYE Notary Public, State of Oklahoma Commission # 19010486 My Commission Expires 10-17-2023