IN THE DISTRICT COURT IN AND FOR WASHINGTON COUNTY
STATE OF OKLAHOMA
RCB BANK,
)
)
)
)
Plaintiff,
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)
vs.
)
)
)
MARIA CHAVILLA CORNELL,
fka MARIA C. TWO-HATCHETT,
MICHAEL JOE CORNELL,
JOHN DOE, OCCUPANT,
JANE DOE, OCCUPANT,
the known and unknown heirs,
personal representatives,
executors, administrators, devisees,
trustees, successors and assigns,
if any, of AMANDA ELIZABETH
TWO-HATCHETT, a/k/a AMANDA
TWO-HATCHETT, a/k/a AMANDA E.
TWO-HATCHETT, Deceased,
)
)
)
)
Defendants.
Case No. CJ-2026 - 47
PETITION
COMES NOW the Plaintiff, RCB Bank ("Plaintiff"), and for its causes of action against the Defendants, MARIA CHAVILLA CORNELL fka MARIA C. TWO-HATCHETT, MICHAEL JOE CORNELL, JOHN DOE, OCCUPANT and JANE DOE, OCCUPANT, and the known and unknown heirs, personal representatives, executors, administrators, devisees, trustees, successors and assigns, if any, of AMANDA ELIZABETH TWO-HATCHETT, a/k/a AMANDA TWO-HATCHETT, a/k/a AMANDA E. TWO-HATCHET, Deceased, hereby alleges and states as follows:
PARTIES, JURISDICTION AND VENUE
1. Plaintiff is a banking corporation organized and existing in good standing pursuant to the laws of the State of Oklahoma and is engaged in business operations in Washington County, State of Oklahoma.
2. Defendants, Maria Chavilla Cornell fka Maria C. Two-Hatchettt and the known and unknown heirs, personal representatives, executors, administrators, devisees, trustees, successors
and assigns, if any, of Amanda Elizabeth Two-Hatchett, a/k/a Amanda Two-Hatchettt, a/k/a Amanda E. Two-Hatchettt, who is now deceased, having died on October 17, 2025 own real property in Washington County, Oklahoma, more particularly described as follows, to-wit:
Lot Sixteen (16) and the North 5 feet of Lot Fifteen (15), Block One (1), BLUESTEM HEIGHTS SUBDIVISION to Dewey, Washington County, Oklahoma ("Real Property")
3. This Court has jurisdiction of this matter pursuant to Okla. Stat. Ann. tit. 12, §2001 et seq. (Supp. 1998).
4. Venue is proper in this Court pursuant to Okla. Stat. Ann. tit. 12, § 142 (Supp.1998).
5. THESE LEGAL PROCEEDINGS ARE INSTITUTED FOR THE PURPOSE OF COLLECTING DEBTS, AND IF APPLICABLE, PURSUANT TO TITLE 15 U.S.C.A. §1692(G), FAIR DEBT COLLECTION PRACTICES ACT, UNLESS THE PERSON OR ENTITY RESPONSIBLE FOR THE PAYMENT OF THE ABOVE DEBT, WITHIN THIRTY DAYS AFTER RECEIPT OF THIS NOTICE, DISPUTES THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, THE DEBT WILL BE ASSUMED TO BE VALID; AND IF SAID PERSON OR ENTITY NOTIFIES THE UNDERSIGNED ATTORNEY FOR PLAINTIFF IN WRITING WITHIN SAID THIRTY-DAY PERIOD THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, SAID ATTORNEY WILL OBTAIN VERIFICATION OF THE DEBT AND A COPY OF SUCH VERIFICATION WILL BE MAILED TO SAID PERSON OR ENTITY BY THE UNDERSIGNED ATTORNEY FOR PLAINTIFF; AND UPON WRITTEN REQUEST BY YOU WITHIN THE THIRTY-DAY PERIOD, UNDERSIGNED ATTORNEY FOR PLAINTIFF WILL PROVIDE THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. THIS IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FIRST CAUSE OF ACTION
6. On December 19, 2022, Defendant, Amanda Elizabeth Two-Hatchettt, executed and delivered to Plaintiff a Promissory Note in the face amount of $52,047.14 with principal and interest and other charges due and payable in full as provided therein. A copy of the Promissory Note is attached hereto as Exhibit “A”.
7. Defendant, Amanda Elizabeth Two-Hatchett, has defaulted under the terms of the Note by failing to make the required payments.
8. As a result of such default, Plaintiff is entitled to recover all amounts due and owing under the Note, which are: Principal in the amount of $47,750.70, plus accrued interest thereon as of January 27, 2026 in the amount of $539.81, secondary accrued interest of $7.86, late charges in the amount of $50.00 plus interest thereafter accrued and accruing at the per diem rate of $7.82326, ad valorem taxes for the years 2022-2025 in the amount of $5,350.68, costs of this action and a reasonable attorney’s fee to be set by the court.
WHEREFORE, Plaintiff prays judgment in personam against Defendant, the known and unknown heirs, personal representatives, executors, administrators, devisees, trustees, successors and assigns, if any, of Amanada Elizabeth Two-Hatchett, Deceased, as and for her Breach of Contract in the amount of Principal in the amount of $47,750.70, plus accrued interest thereon as of January 27, 2026 in the amount of $539.81, secondary accrued interest of $7.86, late charges in the amount of $50.00 plus interest thereafter accrued and accruing at the per diem rate of $7.82326, ad valorem taxes for the years 2022-2025 in the amount of $5,350.68, costs of this action and a reasonable attorney’s fee and such other relief as this Honorable Court may deem just and equitable.
SECOND CAUSE OF ACTION
9. Plaintiff hereby incorporates by reference Paragraphs 1 - 8, supra., as if fully set forth herein.
10. To secure payment of the Promissory Note, Defendants, Amanda Elizabeth Two-Hatchett aka Amanda Two-Hatchett aka Amanda E Two-Hatchett, a single person, and Maria Chavilla Cornell fka Maria C Two-Hatchett and Michael Joe Cornell, wife and husband, executed and delivered to Plaintiff a Mortgage covering said Real Property in the amount of $52,047.14, and filed of record December 28, 2022 in Book 1206 at Page 2278, a true and correct copy of which is attached hereto as Exhibit “B” (“Mortgage”) and an Assignment of Rents dated December 19, 2022, and filed January 30, 2023 in Book 1207 at Page 1539, a true and correct copy of which is attached hereto as Exhibit “C” (“Assignment of Rents”) and filed January 30, 2023 in Book 1207 at Page 1539, all of the records of the Office of the County Clerk of Washington County, State of Oklahoma.
11. Defendant, the known and unknown heirs, personal representatives, executors, administrators, devisees, trustees, successors and assigns, if any, of Amanada Elizabeth Two-Hatchettt, Deceased, has defaulted under the Mortgage by defaulting under the Note.
12. Plaintiff, RCB Bank, is entitled to a reasonable attorney’s fee and its other reasonable costs of collection under the terms of Note and under 12 O.S. §936.
WHEREFORE, Plaintiff prays judgment in rem against Defendants, the known and unknown heirs, personal representatives, executors, administrators, devisees, trustees, successors and assigns, if any, of Amanda Elizabeth Two-Hatchettt aka Amanda Two-Hatchettt aka Amanda E Two-Hatchettt, Maria Chavilla Cornell fka Maria C Two-Hatchettt and Michael Joe Cornell, as and for the Breach of Contract in the amount of $47,750.70, plus accrued interest thereon as of January 27, 2026 in the amount of $539.81, secondary accrued interest of $7.86, late charges in the amount of $50.00 plus interest thereafter accrued and accruing at the per diem rate of $7.82326, ad valorem taxes for the years 2022-2025 in the amount of $5,350.68, costs of this action and a reasonable attorney’s fee to be set by the Court and such further relief as this Honorable Court may deem just and equitable.
THIRD CAUSE OF ACTION
13. Plaintiff hereby incorporates by reference Paragraphs 1-12 supra, as if fully set forth herein.
14. The real property is located in Washington County, Oklahoma and John Doe and Jane Doe, Occupants, if any, real name(s) unknown, and if not specifically named as another Defendant in this action, may be claiming an interest in Real Property by reason for occupancy of the same, or otherwise, which interest is subject and inferior to all of Plaintiff’s mortgage on such Real Property.
FOURTH CAUSE OF ACTION
15. Plaintiff hereby incorporates by reference Paragraphs 1-14 supra, as if fully set forth herein.
16. The Real Property is vested of record in Amanda Elizabeth Two-Hatchettt and Maria C. Two-Hatchettt as joint tenants pursuant to a Joint Tenancy Warranty Deed dated December 8, 2009 and filed December 10, 2009 in Book 1084 at Page 1604 and an Affidavit of Surviving Joint Tenant, terminating the joint tenancy with Leroy Allen Two-Hatchettt, filed of record December 28, 2022 in Book 1206 at Page 2275, records of Washington County, Oklahoma.
17. That Amanda Elizabeth Two-Hatchett is now deceased, having died on October 17, 2025, and upon the judicial finding of the death of Amanda Elizabeth Two-Hatchett, the joint tenancy with Maria C. Two-Hatchett shall be terminated and the sole owner of the Real Property will be Maria Chavilla Cornell, fka Maria C. Two-Hatchett.
WHEREFORE, Plaintiff, RCB Bank, prays that this Court enter judgment in its favor for Causes of Action 1 through 4 of its Petition and recovery as follows:
a. Plaintiff, RCB Bank, prays for judgment in personam and in rem, against Defendant, the known and unknown heirs, personal representatives, executors, administrators, devisees, trustees, successors and assigns, if any, of Amanda Elizabeth Two-Hatchett aka Amanda Two-Hatchett aka Amanda E. Two-Hatchett, deceased, and in rem against the Defendants, Maria Chavilla Cornell fka Maria C. Two-Hatchett, and Michael Joe Cornell, in the Principal amount of $47,750.70, plus accrued interest thereon as of January 27, 2026 in the amount of $539.81, secondary accrued interest of $7.86, late charges in the amount of $50.00 plus interest thereafter accrued and accruing at the per diem rate of $7.82326, ad valorem taxes for the years 2022-2025 in the amount of $5,350.68, costs of this action and a reasonable attorney’s fee, and such other relief as this Honorable Court may deem just and equitable, and upon hearing this cause, decreeing its Promissory Note and Mortgage prior and superior to the claims of the remaining Defendants;
b. Ordering the Mortgage thereof foreclosed and ordering the Real Property and premises sold, with or without appraisement, subject to unpaid taxes, if any, to satisfy the judgment herein, with the proceeds of such sale applied as follows, to-wit: first, to the costs of this action; second, to the payment and satisfaction of Plaintiff’s claim and judgment; and third, the surplus, if any, paid into the Court to abide further order, determining the right, title and interest of all and each of the Defendants, and any person or entity claiming by or through said Defendants, or any of them, in and to said Real Property to be junior and inferior to said Mortgages and adjudging that upon confirmation of the sale of said Real 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 or redemption in or to said Real Property, or any part thereof, and such other and further relief as this honorable Court may deem just and equitable;
c. Ordering that because of the death of Amanda Elizabeth Two-Hatchett on October 17, 2025, her joint tenancy with Maria C. Two-Hatchett is severed and the Real Property then vests solely in Maria Chavilla Cornell fka Maria C. Two-Hatchett;
d. Such other and further relief as the Court may deem just and equitable under the circumstances.
______________________________
Mack Greever, OBA #3588
104 S. Missouri, Suite 200/P O Box 1647
Claremore, OK 74017/74018
(918) 342-2822; (918) 343-4600 (fax)
Attorney for Plaintiff
VERIFICATION
STATE OF OKLAHOMA )
) ss.
COUNTY OF ROGERS )
DAISY DENTY, Vice President of RCB Bank, of lawful age, being first duly sworn upon oath states that I have read the foregoing Petition, that I am familiar with the matters set forth therein, and that the same are true to the best of my information and belief.
Subscribed and sworn to before me this 11th day of February, 2026.
(SEAL)
My Commission Expires: 7/7/2028
EXHIBIT A
PROMISSORY NOTE
Borrower: Amanda Elizabeth Two-Hetchett (SSN: 514-42-4381)
220 S 16th St
Ponca City, OK 74601-8529
Lender: RCS Bank
Pioneer North
2901 North 14th Street
Ponca City, OK 74604-1738
Principal Amount: $52,047.14 Initial Rate: 5.860% Date of Note: December 19, 2022
PROMISE TO PAY. ("Borrower") promise to pay to RCS Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of Fifty-two Thousand Forty-seven & 14/100 Dollars ($52,047.14), together with interest on the unpaid principal balance from December 18, 2022, until paid in full.
PAYMENT. Subject to any payment changes resulting from changes in the Index, I will pay this loan in 240 payments of $372.27 each payment. My first payment is due January 19, 2023, and all subsequent payments are due on the same day of each month after then. My final payment will be due on December 18, 2042, and will be for all principal and all accrued Interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. All payments must be made in U.S. dollars and must be received by Lender consistent with any written payment instructions provided by Lender. If a payment is made consistent with Lender's payment instructions but received after 8:00 PM Central Standard Time, Lender will credit my payment on the next business day.
VARIABLE INTEREST RATE. The Interest rate on this Note is subject to change from time to time based on changes in an Independent Index which is the F T Yr TMW, determined daily based on the Wall Street Journal Money Rates Table: Interest Rates (the "Index"). The Index is not necessarily the Index charged by Lender on its loans. Lender will tell me the current Index rate upon my request. The interest rate change will not occur more often than every 60 months after the first payment date and every 60 months thereafter (the "rate change event"). I understand that Lender may make loans based on other rates as well. The initial rate is based on the Index as of November 21, 2022 which was 4.280% per annum. Initially, Interest on the unpaid principal balance of this Note is calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 5.860% per annum. After the first rate change event, interest on the unpaid principal balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 1.750 percentage points over the Index (the "Margin"). For each interest rate change, the new interest rate will be determined using the most recent Index figure available as of 45 days before the date of the scheduled Interest rate change. If the Index is no longer published to the general public or the administrator of the index or a regulator has issued a public statement that the Index is no longer representative during the term of this Note ("Replacement Event"), then Lender may amend this Note by designating a substantially similar replacement index which shall become the new index on the "can ("Replacement Index"). Lender may also amend and adjust the Margin to accommodate the Replacement Index ("Replacement Margin"). The Replacement Margin may be a positive or negative value, or zero. In making these amendments, Lender will make reasonable, best faith effort to select a Replacement index and Replacement Margin that Lender reasonably expects will minimize any change in the cost of the Note. Lender may take into account the historical performance of the index being replaced and the Replacement Index. If the Replacement index is newly established and therefore does not have a rate history, it may nonetheless be used if it produces an interest rate substantially similar to the rate in effect at the time of the Replacement Event. Such an amendment to the terms of this Note will become effective immediately upon the Replacement Event and will be used to determine my Interest rate and monthly payments for interest rate adjustments that are more than 45 days from the Replacement Event. Lender will notify me of the Replacement Index and Replacement Margin as appropriate. After a Replacement Event, all references to the "Index" and "Margin" shall be deemed to be references to the "Replacement Index" and "Replacement Margin". NOTICE: Under no circumstances will the Interest rate on this Note be less than 4.7501% per annum or more than the lesser of 11.800% per annum or the maximum rate allowed by applicable law. Notwithstanding the above provisions, the maximum increase or decrease in the Interest rate at any one time on this loan will not exceed 2,500 percentage points. Any change in the Interest rate will change the amounts of my payments; the new payment will be calculated by amortizing the outstanding principal balance at the new Interest rate over the remaining term of the loan.
INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the Interest rate over the number of days in a year (365 during leap years), multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All Interest payable under this Note is computed using this method.
PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to me upon early payment whether voluntary or as a result of default, except as otherwise required by law. Except for the foregoing, I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, such payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full," "without recourse," or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument sent to Lender that states the payment satisfies "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: RCS Bank., Credit Administration Dept., PO Box 189 Claremore, OK 74018-0189.
WRITTEN PAYOFF FEE. This loan may be subject to a $150 fee if a Third Party Requests a written or verbal payoff.
CONVENIENCE FEE. Upon request from the Borrower/lend to process a payment or payments by means other than cash, check or automatic draft, RCS Bank may charge a Convenience Fee to process such payment. This charge is in addition to any fees or charges assessed through the establishment of the original loan.
LATE CHARGE. If any payment in more than 15 days late, I will be charged 6.000% of the unpaid portion of the regularly scheduled payment or $27.00, whichever is greater. However, Lender may charge the maximum delinquency charge authorized by law as it may be increased during the term of this loan.
INTEREST AFTER DEFAULT. If Lender declares my entire loan immediately due after a default, or upon final maturity, then the total sum due under this Note will accrue Interest from the date of acceleration or maturity at the Interest rate under this Note until paid in full. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law.
DEFAULT. I will be in default under this Note if any of the following happen:
- Payment Default. I fail to make any payment when due under this Note.
- Breach Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender.
- Default in Favor of Third Parties. I or any Grantor Defaults under any loan, extension of credit, security agreement, purchase or sale agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of my property or my ability to repay this Note or perform my obligations under this Note or any of the related documents.
- False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished.
- Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
- Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on any accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with merites or a surety bond satisfactory to Lender so satisfy the claim, then this default provision will not apply.
- Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect, including failure of any collateral document to create a valid and perfected security interest (or lien) at any time and for any reason.
- Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance.
Loan No: 10296622 PROMISSORY NOTE (Continued) Page 2
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guarantee of the Indebtedness evidenced by this Note.
Insecurity. Lender in good faith believes itself insecure.
Sure Provisions. If any default, other then a default in payment, is curable and if I have not been given a notice of a breach of the same provisions of this Note within the preceding twelve (12) months, it may be cured if, after Lender sends written notice to me demanding cure of such default: (1) cure the default within ten (10) days; or (2) if the sure requires more than ten (10) days, immediately initiate steps which lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. If I am in default, Lender may, in addition to any other rights Lender has declare my entire loan immediately due, without notice. I will then pay Lender the unpaid part of the Principal Amount, any interest that is earned but unpaid, and any reasonable collection costs.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else who is not Lender's salaried employee to help collect this Note if I do not pay. I will pay Lender that amount. This includes Lender's attorneys' fees, however not to exceed fifteen percent (15%) of the unpaid debt after default, and Lender's legal expenses, whether or not there is a lawsuit, including without limitation all attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and expenses. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law.
JURY WAIVER. Lender and I hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or me against the other.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oklahoma without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of Oklahoma.
CHOICE OF VENUE. If there is a lawsuit, I agree upon Lender's request to submit to the jurisdiction of the courts of Kay County, State of Oklahoma.
DISHONORED ITEM FEE. I will pay a fee to Lender of $25.00 if I make a payment on my loan and the check or other payment order including any preauthorized charge with which I pay is later dishonored.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph.
COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage dated December 18, 2022, to Lender on real property located in Washington County, State of Oklahoma.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. I may notify Lender if Lender reports any inaccurate information about my account(s) to a consumer reporting agency. My written notice describing the specific inaccuracy(ies) should be sent to Lender at the following address: RGB Bank: Credit Administration Dept. PO Box 189 Claremore, OK 74018-0189.
GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Notes. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and all of the persons signing below.
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. I AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
BORROWER:
[Signature]
Amanda Elizabeth Two-Hatchet
Originator Names and Nationwide Mortgage Licensing System and Registry IDs:
Organizer: RGB Bank NMLS ID: 798151
Individual: Jason K Johnson NMLS ID: 1378639
RECORDATION REQUESTED BY:
RCB Bank
Pioneer North
2901 North 14th Street
Ponca City, OK 74604-1738
WHEN RECORDED MAIL TO:
RCB Bank
Pioneer North
2901 North 14th Street
Ponca City, OK 74604-1738
SEND TAX NOTICES TO:
Amanda Elizabeth Two-Hatchettt, Maria Chevillu Cornell and Michael Joe Cornell
220 E 10th St
Ponca City, OK 74601-5629
MORTGAGE
A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE.
A POWER OF SALE MAY ALLOW THE MORTGAGOR TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY THE MORTGAGOR UNDER THIS MORTGAGE.
THIS MORTGAGE dated December 19, 2022, is made and executed between Amanda Elzabeth Two-Hatchettt aka Amanda Two-Hatchettt aka Amanda E Two-Hatchettt; a single person and Maria Chevillu Cornell aka Maria C Two-Hatchettt; and Michael Joe Cornell; wife and husband (referred to below as "Grantor") and RCB Bank, whose address is 2901 North 14th Street, Ponca City, OK 74604-1738 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages and conveys to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Washington County, State of Oklahoma:
Lot Sixteen (16) and the North 5 feet of Lot Fifteen (15), Block One (1), Bluestem Heights Subdivision to Dewey, Washington County, Oklahoma
The Real Property or its address is commonly known as 200 S Shawnee Ave. Dewey, OK 74028-2748.
Grantor also grants to Lender a Uniform Commercial Code security interest in the Personal Property as defined below.
THIS MORTGAGE, INCLUDING THE SECURITY INTEREST IN THE PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established
adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower).
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower shall pay to Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all Borrower's and Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions:
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. This restriction will not apply to rights and easements (such as gas and oil) not owned by Grantor and of which Grantor has informed Lender in writing prior to Grantor's signing of this Mortgage.
Removal of Improvements. Grantor shall not demolish or remove any improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such improvements with improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Oklahoma law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgages clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain flood insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Flood insurance may be purchased under the National Flood Insurance Program, from private insurers providing "private flood insurance" as defined by applicable federal flood insurance statutes and regulations, or from another flood insurance provider that is both acceptable to Lender in its sole discretion and permitted by applicable federal flood insurance statutes and regulations.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds 60% of the value relied upon in making the credit decision.. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder,
if any, shall be applied to the principal balance of the indebtedness. If Lender holds any proceeds after payment in full of the indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. If all or part of the Property is damaged or destroyed by a third party and sums are due from that party or its insurer as a result, whether due to judgment, settlement or other process, these sums shall be applied in the same manner as insurance proceeds under this paragraph.
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note or at the highest rate authorized by law, from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. If Lender is required by law to give Grantor notice before or after Lender makes an expenditure, Grantor agrees that notice sent by regular mail at least five (5) days before the expenditure is made or notice delivered two (2) days before the expenditure is made is sufficient, and that notice within sixty (60) days after the expenditure is made is reasonable.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as Borrower's Indebtedness is paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to government taxes, fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below,
together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the indebtedness secured by this Mortgage; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph.
Attorney-In-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Mortgage if any of the following happen:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by the Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Breach Other Promises. Borrower or Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage.
Condemnation, Casualty. The taking by rights of eminent domain of all or any portion of the Property or the damage or destruction by an uninsured casualty of the Property.
Default In Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Mortgage or any of the Related Documents.
False Statements. Any representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Borrower's or Grantor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Borrower's or Grantor's accounts with Lender. However, if Borrower or Grantor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Borrower or Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default, other than a default in payment, is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter but subject to any limitation in the Note or any limitation in this Mortgage, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code.
Appoint Receiver. In any action by Lender for the foreclosure of this Mortgage, whether by judicial foreclosure or power of sale, Lender shall be entitled to the appointment of a receiver upon any failure of Grantor to comply with any term, obligation, covenant, or condition contained in this Mortgage, the Note, or any Related Documents.
Judicial Foreclosure. Lender may obtain a judicial doasce foreclosing Grantor's interest in all or any part of the Property.
Power of Sale.(1) Lender, as an alternative remedy, may elect to foreclose by power of sale, and Grantor authorizes Lender, or Lender's attorney, and grants to Lender, or Lender's attorney, the power (a) to sell and to convey the Property to a purchaser and the purchaser's heirs or assigns, forever, and (b) to foreclose Grantor's rights and the rights of all persons who took an Interest in the Property subject to this Mortgage.(2) This right to foreclose and to sell and convey the Property which Grantor has given Lender by contract is called the "power of sale" and may, at the option of Lender, be utilized in lieu of the procedure authorized by law for acceleration and foreclosure by judicial process. The power of sale means that in accordance with applicable Oklahoma law with respect to notice to Grantor and other persons, Grantor's interest and the other persons' interests in the Property can be sold by Lender at public sale and that the proceeds can be applied to pay the accelerated debt evidenced by the Note and any other indebtedness secured by this Mortgage without Lender having to go to court in a foreclosure action.(3) However, under the power of sale, before Lender, after an Event of Default, declares all sums secured by this Mortgage immediately due and payable irrespective of any maturity date specified in the Note or in this Mortgage, Lender must give Grantor written notice of intention to foreclose by power of sale, which notice informs Grantor how Grantor has failed to perform under this Mortgage and what Grantor must do to cure the failure.(4) Grantor will have the right for thirty-five (35) days from the date notice is sent, or for any other period provided by law, to cure the failure by paying money or otherwise providing the performance due, unless Grantor previously has been in default more than the number of times specified by statute within the previous two (2) years, in which case (a) Lender is entitled immediately to accelerate the sums secured by this Mortgage and to proceed with the power of sale, and (b) Lender is not required to send a notice of intention of foreclosure with any right to cure. If Grantor cures the default or if Lender accepts a partial performance and a promise to complete performance later, Lender may not require immediate payment in full by acceleration. Grantor understands cure of a default or Lender’s acceptance of partial cure and a promise to complete performance later does not affect or compromise Lender's rights if there is again a default. If Lender so requests, Grantor agrees to sign and return a form stating (a) when Grantor received the notice specified in this paragraph, (b) whether the Property is homestead property, and (c) if so, whether Grantor will elect judicial foreclosure or elect against a deficiency. Grantor understands that Grantor may, but need not, waive a right to cure in any such receipt form if requested by Lender.(5) In any effort to collect the amounts secured by this Mortgage, whether or not involving foreclosure and sale by power of sale, Lender will have the right to collect all costs allowed by law, and Grantor agrees to pay to the extent permitted by law Lender's legal expenses.
Deficiency Judgment. If permitted by applicable law, Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section.
Appraisement. Lender, at Lender's option, may waive or not waive appraisement of the Property at the time judgment is rendered in any judicial foreclosure of the Property or at any time prior to such foreclosure.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waive any and all right to have the Property marshaled. In exercising its rights and remedies, Lender, to the extent permitted by applicable law, shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property.
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies.
Attorneys’ Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys’ fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness
payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees, however not to exceed fifteen percent (15%) of the unpaid debt after default, and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES. To the extent permitted by applicable law, any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. To the extent permitted by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender.
CROSS-COLLATERALIZATION. In addition to the Note, this Agreement secures all obligation, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one of them, owed to Lender, whether of a like nature to the Note indebtedness or not, whether arising from a loan or a purchased obligation, whether incurred for a consumer or business purpose, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of Grantor to Lender, then this Mortgage shall not secure additional loans or obligations unless and until such notice is given.
HOLD HARMLESS - SURVEY. Borrower has financed a one to four family dwelling with Lender under this agreement and various other loan documents. Lender normally believes that a survey of the real property is advisable as it may show conditions or features of the real property that are not apparent from a visual inspection. But in this transaction, neither the Borrower nor the Lender requires a survey. To induce Lender to waive a survey requirement, Lender requires that Borrower acknowledge the risks, indemnify and hold harmless the Lender.
A survey of the real property will not be performed, and Borrower further acknowledges and I/we are aware that there may be conditions, encroachments, easements, and/or errors in the legal description of the real property which might adversely affect title, ownership, use and/or suitability of the real property. These items may or could be disclosed by a survey. Borrower understands, agrees and assumes all risk of loss, cost and/or expense of any kind by not obtaining a survey of the real property including, without limitation, the risks set out herein. I/we acknowledge and assume all risk of loss what a survey might show or not show. Also, Borrower agrees to waive, release, discharge, indemnify and hold harmless Lender and Seller, their officers, directors, employees, successors and assigns from any and all loss, cost and/or expense (including attorneys' fees and costs) as a result of not performing a survey of the real property by a licensed surveyor, including, without limitation, errors in legal description, encroachments, easements, conditions and/or other document preparation error(s).
This waiver of survey and indemnification is for good and valuable consideration, including the Loan by the Lender to the Borrower; is an independent agreement governed by the written provisions herein; and will remain in full force and effect unaffected by repayment, prepayments, acceleration, reduction, increase or change in the terms of the Loan, except as otherwise provided in this Agreement.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. All prior and current representations and discussions concerning such matters either are included in this document or do not
constitute a part of our agreement. Further, no conditions exist of any kind which are not set forth in this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage.
Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oklahoma without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the State of Oklahoma.
Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Kay County, State of Oklahoma.
Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Mortgage.
No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Grantor waives all rights of exemption from execution or similar law in the Property, and Grantor agrees that the rights of Lender in the Property under this Mortgage are prior to Grantor's rights while this Mortgage remains in effect.
Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be invalid or unenforceable.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lander, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Oklahoma as to all Indebtedness secured by this Mortgage.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage:
Borrower. The word "Borrower" means Amanda Elizabeth Two-Hatchettt and includes all co-signers and co-makers signing the Note and all their successors and assigns.
Environmental Laws. The words "Environmental Laws" mean any end all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99 499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage.
Grantor. The word "Grantor" means Amanda Elizabeth Two-Hatchettt, Marie Chevillle Cornell and Michael Joe Cornell.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means RCB Bank, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated December 18, 2022, in the original principal amount of $82,047.14 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Mortgage is December 19, 2042. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS.
GRANTOR:
Amanda Elizabeth Twom
Maria Chevile Cornell
Michael Joe Cornell
INDIVIDUAL ACKNOWLEDGMENT
STATE OF OK )
) KS.
Kay COUNTY.
Before me, the undersigned, a Notary Public in and for this State, on this ________19____ day of __________Dec., 2022________, personally appeared Amadea Elizabeth Two-Hatchet; María Chavilla Cornell; and Michael Joe Cornell, to me known to be the identical person(s) who executed the within and foregoing Mortgage, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth.
Signed the ___________19____ day of __________Dec., 2022________
________________________________________
Notary Public
My Commission Expires: 9-4-24
RECEIPT FOR MORTGAGE TAX
WASHINGTON COUNTY TREASURER
BARTLESVILLE, OKLAHOMA December 28, 2022 No. 871
RECEIVED OF: RCB BANK, the sum of $57.10 DOLLARS
in payment of Real Estate Mortgage Tax levied pursuant to 68 O.S. 1951, § 1904 on the following described Mortgages to wit:
<table>
<tr>
<th>Name of Mortgagor</th>
<th>Section / Lot</th>
<th>Township</th>
<th>Range / Blk.</th>
</tr>
<tr>
<td>AMANDA ELIZABETH TWO-HATCHETT<br>MARIA C TWO-HATCHETT<br>MICHAEL JOE CORNELL</td>
<td>16</td>
<td></td>
<td>1</td>
</tr>
</table>
<table>
<tr>
<th>Name of Mortgagee</th>
<th>Date of Mtg.</th>
<th>When Due</th>
<th>Term of Mtg.</th>
</tr>
<tr>
<td>RCB BANK</td>
<td>12/19/2022</td>
<td>12/18/2042</td>
<td>6</td>
</tr>
</table>
<table>
<tr>
<th>Description of Property</th>
<th>Amount of Mtg.</th>
<th>Rate of Mtg.</th>
<th>Amount of Tax</th>
</tr>
<tr>
<td>BLUESTEM HEIGHTS SUBDIVISION AS PER MTG</td>
<td>62,047.14</td>
<td>0.10</td>
<td>62.10</td>
</tr>
<tr>
<td colspan="3">Remarks</td>
<td>+ FEE: 5.60</td>
</tr>
<tr>
<td colspan="3"></td>
<td>TOTAL: 57.10</td>
</tr>
</table>
Cash $
Check # 7806 $57.10
Other $
Total Received $57.10
JAG
Melissa Thombrugh, County Treasurer
By JOYCE A GRIGGS Deputy
STATE OF OKLAHOMA
Rate of Tax on each $1000 and each remaining fraction thereof
8 years or more ... $.10
4 years and less than 8 years ... $.08
2 years and less than 4 years ... $.06
Less than 2 years ... $.02
Mortgage for less than $100 ... $.10
Certification Fee per Mortgage ... $.00
Customer Copy
RECORDATION REQUESTED BY:
RCB Bank
Pioneer North
2901 North 14th Street
Ponca City, OK 74604-1738
WHEN RECORDED MAIL TO:
RCB Bank
Pioneer North
2901 North 14th Street
Ponca City, OK 74604-1738
SEND TAX NOTICES TO:
Amanda Elizabeth Two-Hatchet, Marie Chevillie Cornell and Michael Joe Cornell
220 S 10th St
Ponca City, OK 74601-5628
ASSIGNMENT OF RENTS
THIS ASSIGNMENT OF RENTS dated December 19, 2022, is made and executed between Amanda Elizabeth Two-Hatchet aka Amanda Two-Hatchet aka Amanda E Two-Hatchet; a single person and Maria Chevillie Cornell aka Maria C Two-Hatchet and Michael Joe Cornell: wife and husband (referred to below as "Grantor") and RCB Bank, whose address is 2901 North 14th Street, Ponca City, OK 74604-1738 (referred to below as "Lender").
ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property located in Washington County, State of Oklahoma:
Lot Sixteen (16) and the North 5 feet of Lot Fifteen (15), Block One (1), Bluestem Heights Subdivision to Dewey, Washington County, Oklahoma
The Property or its address is commonly known as 200 S Shawnee Ave, Dewey, OK 74026-Z748.
THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale.
BORROWER'S WAIVERS AND RESPONSIBILITIES. Lender need not tell Borrower about any action or inaction Lender takes in connection with this Assignment. Borrower assumes the responsibility for being and keeping informed about the Property. Borrower waives any defenses that may arise because of any action or inaction of Lender, including without limitation any failure of Lender to realize upon the Property, or any delay by Lender in realizing upon the Property. Borrower agrees to remain liable under the Note with Lender no matter what action Lender takes or fails to take under this Assignment.
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that:
Ownership. Grantor is entitled to receive the Rents free and clear of all rights, liens, liens, encumbrances,
ASSIGNMENT OF RENTS
(Continued)
and claims except as disclosed to and accepted by Lender in writing.
Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to Lender.
No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force.
No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment.
LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following rights, powers and authority:
Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all Rents to be paid directly to Lender or Lender's agent.
Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property.
Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums on fire and other insurance affected by Lender on the Property.
Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Oklahoma and also all other laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property.
Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on such conditions as Lender may deem appropriate.
Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's name, to rent and manage the Property, including the collection and application of Rents.
Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above.
No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing.
APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall determine the application of any and all Rents received by it; however, any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this Assignment, and shall be payable on demand, with interest at the Note rate from date of expenditure until paid.
FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be paid by Grantor, if permitted by applicable law.
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note or at the highest rate authorized by law, from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any Installment payments
ASSIGNMENT OF RENTS
(Continued)
to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. If Lender is required by law to give Grantor notice before or after Lender makes an expenditure, Grantor agrees that notice sent by regular mail at least five (5) days before the expenditure is made or notice delivered two (2) days before the expenditure is made is sufficient, and that notice within sixty (60) days after the expenditure is made is reasonable.
DEFAULT. At Lender's option, Grantor will be in default under this Assignment if any of the following happen:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Break Other Promises. Borrower or Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Assignment; or in any agreement related to this Assignment.
Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Default In Favor of Third Parties. Borrower or Grantor defaults under any loan, extension of credit, security agreement, purchase or sale agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or Grantor's property or ability to perform their respective obligations under this Assignment or any of the Related Documents.
False Statements. Any representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Assignment or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
Defective Collateralization. This Assignment or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Borrower's or Grantor's property in which Lender has a lien. This includes taking of, garnishment of or levying on Borrower's or Grantor's accounts with Lender. However, if Borrower or Grantor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Borrower or Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Property Damage or Loss. The Property is lost, stolen, substantially damaged, sold, or borrowed against.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment, is curable and if Grantor has not been given a notice of a breach of the same provision of this Assignment within the preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable.
Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds over
ASSIGNMENT OF RENTS
(Continued)
and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. In any action by Lender for the foreclosure of this Assignment, whether by judicial foreclosure or power of sale, Lender shall be entitled to the appointment of a receiver upon any failure of Grantor to comply with any term, obligation, covenant, or condition contained in this Assignment, the Note, or any Related Documents.
Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law.
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Assignment, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees, however not to exceed fifteen percent (15%) of the unpaid debt after default, and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
Amendments. What is written in this Assignment and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Assignment. All prior and current representations and discussions concerning such matters either are included in this document or do not constitute a part of our agreement. Further, no conditions exist of any kind which are not set forth in this Assignment. To be effective, any change or amendment to this Assignment must be in writing and must be signed by whoever will be bound or obligated by the change or amendment.
Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment.
Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oklahoma without regard to its conflicts of law provisions. This Assignment has been accepted by Lender in the State of Oklahoma.
Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Kay County, State of Oklahoma.
Joint and Several Liability. All obligations of Borrower and Grantor under this Assignment shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Assignment.
Merger. There shall be no merger of the interest or estate created by this Assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment in the singular shall be deemed to have been used in the plural where the context and construction so require. (2) If more than one person signs this Assignment as "Grantor," the obligations of each Grantor are joint and several. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections
ASSIGNMENT OF RENTS
(Continued)
In this Assignment are for convenience purposes only. They are not to be used to interpret or define the provisions of this Assignment.
No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Assignment unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Assignment. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Grantor waives all rights of exemption from execution or similar law in the Property, and Grantor agrees that the rights of Lender in the Property under this Assignment are prior to Grantor's rights while this Assignment remains in effect.
Notices. To the extent permitted by applicable law, any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Assignment. Any person may change his or her address for notices under this Assignment by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. To the extent permitted by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender.
Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender.
Severability. If a court finds that any provision of this Assignment is not valid or should not be enforced, that fact by itself will not mean that the rest of this Assignment will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Assignment even if a provision of this Assignment may be found to be invalid or unenforceable.
Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Assignment.
Waive Jury. All parties to this Assignment hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Oklahoma as to all Indebtedness secured by this Assignment.
DEFINITIONS. The following words shall have the following meanings when used in this Assignment:
Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended or modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time.
Borrower. The word "Borrower" means Amanda Elizabeth Twy-Hatchett.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in the default section of this Assignment.
Grantor. The word "Grantor" means Amanda Elizabeth Twy-Hatchett, Maria Chevalle Comell and Michael Joe Cornl.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note.
Indebtedness. The word "indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to
enforce Grantor's obligations under this Assignment, together with interest on such amounts as provided in this Assignment.
Lender. The word "Lender" means RCB Bank, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note.
Note. The word "Note" means the promissory note dated December 19, 2022, in the original principal amount of $52,047.14 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the "Assignment" section of this Assignment.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guarantees, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all of Grantor's present and future rights, title and interest in, to and under any and all present and future leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts receivable, cash or security deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due now or later, including without limitation Grantor's right to enforce such leases and to receive and collect payment and proceeds thereunder.
THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT. THIS DOCUMENT IS EXECUTED ON DECEMBER 18, 2022.
GRANTOR:
x Amanda E. Two-Hatchett
Amanda Elizabeth Two-Hatchett
x Maria Cheville Cornell
Maria Cheville Cornell
x Michael J. Cornell
Michael Joe Cornell
ASSIGNMENT OF RENTS
(Continued)
INDIVIDUAL ACKNOWLEDGMENT
STATE OF OK )
Kay COUNTY.
)
) $$
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Before me, the undersigned, a Notary Public in and for this State, on this 19 day of Dec., 2022, personally appeared Amanda Elizabeth Two-Hatcher; Maria Chevile Cornell; and Michael Joe Cornell, to me known to be the identical person(s) who executed the within and foregoing Assignment, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth.
Signed the 19th day of Dec., 2022
Shant Lawrence
Notary Public
My Commission Expires: 9-4-24