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MAYES COUNTY • CJ-2026-00039

United States of America ex rel Department of Housing and Urban Development v. Stanley E. Doyle, Unknown Spouse, if any, of Stanley E. Doyle

Filed: Feb 16, 2026
Type: CJ

What's This Case About?

Let’s get one thing straight: the U.S. Department of Housing and Urban Development — yes, the federal government — is trying to take a house from a dead man’s estate over a mortgage that technically never had monthly payments. That’s not a typo. This isn’t some shady repo man with a clipboard and a clipboard full of lies. This is HUD, the same agency that’s supposed to help seniors age in place, now flexing its legal muscles in a quiet Oklahoma subdivision, demanding $135,963… from a guy who’s been dead for five years.

Meet Thomas W. Doyle. He was an unmarried man living at 493 Sycamore Lane in Pryor, Oklahoma — a modest home tucked into the Oakwood Acres subdivision, the kind of place where the mail arrives without fanfare and the neighbors wave but don’t really talk. In June 2013, Thomas signed up for a special kind of loan: a Home Equity Conversion Mortgage, better known as a reverse mortgage. These aren’t your grandma’s mortgages — they’re for your grandma. Or, well, someone like her. The idea is simple: you’re a senior, you own your home, and instead of making monthly payments, the bank pays you, or at least lets you borrow against your equity. The loan doesn’t come due until you die, sell the house, or — and this is key — stop living there as your primary residence.

Thomas did all the paperwork. He signed two notes, two mortgages — one to a private lender (Open Mortgage, LLC), and one directly to the Secretary of HUD. The loans were secured by his home, and the fine print was clear: if he died and no surviving borrower lived in the house, the full balance becomes immediately due. No grace period. No “we’ll work with you.” Just boom — pay up or lose the house.

Thomas W. Doyle passed away on April 29, 2021. He left no surviving spouse. No co-borrower. Just a house, a reverse mortgage, and a Transfer on Death Deed that kicked in like a silent legal time bomb. That deed, filed back in 2019, transferred ownership of the property to two men: Stanley E. Doyle and Thomas D. Doyle. Wait — Thomas D. Doyle? Was that him? Was he naming himself? Nope. This is where it gets weird. The deceased man was Thomas W. Doyle. The new owners listed in the deed are Stanley E. Doyle and Thomas D. Doyle — presumably relatives, maybe brothers or cousins, but not the same person. And neither of them moved in.

And that’s the problem.

Because under the terms of the reverse mortgage, the moment Thomas W. Doyle died — and no eligible borrower remained living in the home — the entire debt became due. HUD, which now holds the loan, sent a formal “Notice of Intent to Foreclose” in 2024, giving the estate 30 days to pay $271,179.62 or hand over the keys via a deed-in-lieu of foreclosure. They didn’t pay. They didn’t surrender the deed. They didn’t respond. Crickets.

So now, in February 2026, HUD is suing — not just the estate, but Stanley and Thomas D. Doyle as the new owners, plus their “unknown spouses” (because Oklahoma law says you gotta cover your bases), plus the Oklahoma Tax Commission (because Stanley Doyle apparently owes nearly $31,000 in old business tax warrants), and even “unknown occupants, if any,” because… well, what if someone’s squatting there sipping sweet tea and ignoring the whole mess?

HUD isn’t asking for damages. They’re not trying to sue anyone for personal liability — the reverse mortgage specifically says the borrower can’t be chased personally. Instead, they want one thing: foreclosure. They want the court to wipe out everyone’s interest in the property and sell the house to pay off the debt. The balance they’re citing? $135,963 in principal as of July 2024 — less than half the payoff demand from the notice. Why the difference? Because reverse mortgages accrue interest and fees over time, and HUD likely recalculated what’s actually owed after insurance claims or other adjustments. Either way, it’s a six-figure debt hanging over a house no one’s living in and no one’s paying for.

So what do they want? A judge to say: “Yes, HUD, you get to sell this house.” They want the court to confirm that Stanley and Thomas D. Doyle — whoever they are — have no right to stay, no right to delay, and no right to ignore the mortgage terms. They want the property auctioned off, the debt paid, and any leftover cash (if there is any) held by the court. And they want it done before someone paints the porch neon pink or turns the garage into a kombucha brewery.

Now, here’s our take: the most absurd part isn’t that a federal agency is foreclosing on a dead man’s house. That’s cold, but it’s also the deal. You sign up for a reverse mortgage, you know the rules — when you die, the house pays. No drama, no blame. The absurdity is in the ghost list of defendants. “Unknown spouse, if any”? “Unknown occupants, if any”? The Oklahoma Tax Commission showing up with a stack of 2023 tax warrants tied to a different Stanley Doyle business? It’s like the legal version of throwing spaghetti at the wall and seeing what sticks.

We’re not rooting for HUD. We’re not rooting for the Doyles. We’re rooting for someone to just answer the damn phone. Did Stanley and Thomas D. Doyle even know they inherited a house with a ticking mortgage bomb? Did they think it was a freebie? Did they forget? Or are they just betting the government won’t come after a quiet lot in Pryor?

This isn’t a murder mystery. No one’s going to jail. But it is a slow-motion tragedy of paperwork, silence, and the quiet brutality of real estate law. And the punchline? The house was supposed to help Thomas W. Doyle live comfortably in retirement. Instead, it’s become a legal battleground five years after he took his last breath. The ultimate reverse mortgage irony: the house outlived him, but not his estate.

Case Overview

Petition
Jurisdiction
District Court of Mayes County, Oklahoma
Relief Sought
Claims
# Cause of Action Description
1 Foreclosure of Mortgage

Petition Text

14,246 words
IN THE DISTRICT COURT OF MAYES COUNTY STATE OF OKLAHOMA UNITED STATES OF AMERICA ex rel DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Plaintiff, v. STANLEY E. DOYLE, UNKNOWN SPOUSE, if any, of Stanley E. Doyle; THOMAS D. DOYLE, UNKNOWN SPOUSE, if any, of Thomas D. Doyle; STATE OF OKLAHOMA ex rel OKLAHOMA TAX COMMISSION UNKNOWN OCCUPANTS, if any, of 493 SYCAMORE LANE, PRYOR, OK 74361 Defendants. Case No. CJ-26-39 Judge: Taylor PETITION FOR FORECLOSURE OF MORTGAGE Comes now the Plaintiff, United States of America for and on behalf of its agency, U.S. Department of Housing and urban Development (HUD), and for its cause of action against the Defendants above named, alleges and states as follows: 1. That HUD (Plaintiff) is duly authorized to transact business herein and to bring this action. 2. That the Court has jurisdiction over the parties of this action. That venue is proper in this County. 3. That Thomas W. Doyle departed this life on or about April 29, 2021. Prior to his death, title to the Mortgaged Premises described herein was vested in the name of Thomas W. Doyle, as an unmarried man, recorded 7/24/2013 at Book No. 1245, Pages 395-404 with the Mayes County Clerk’s office. 4. That prior to his death, Thomas W. Doyle (Borrower(s)) incurred obligations to Plaintiff or Plaintiff’s predecessor-in-interest by executing and delivering simultaneously two promissory notes (Note 1 and Note 2, and collectively the “Notes”), true copies of which are attached as Exhibit A-1 and A-2, and are incorporated by reference. 5. That the Notes are secured by the terms of two mortgages signed by Thomas W. Doyle, (Mortgagor) and duly recorded in the County Clerk’s Office for Mayes County (Mortgages), true copies of which are attached as Exhibit B-1 and Exhibit B-2 and are incorporated by reference. Execution of the Mortgages mortgaged and conveyed to said mortgagee the following described real estate situated in Mayes County, state of Oklahoma: Lots Numbered Twelve (12) and Thirteen (13) of OAKWOOD ACRES THE FOURTH, a Subdivision in Mayes County, State of Oklahoma, according to the official Survey and Plat filed thereof. Improvements thereon bear the address: 493 Sycamore Lane, Pryor, OK 74361 Address provided for informational purposes only. 6. That Plaintiff is the current holder of the Notes and Mortgages described herein. See Assignment(s) of Mortgage attached hereto as Exhibit C and incorporated by reference. 7. That Borrower defaulted under the terms of the Notes by failing to timely make payments. Thus, Plaintiff, at its option as provided in the Note, declared the total amount immediately due and payable. See Notice of Right to Cure attached hereto as Exhibit D and incorporated by reference. The principal balance due Plaintiff as of July 12, 2024 is $135,963.00 together with interest, accrued and accruing, from that date, plus applicable recoverable advances, if any, as authorized by the terms of the notes and mortgages. 8. That the property in this action was Transferred on Death to Stanley E. Doyle and Thomas D. Doyle, by virtue of being a co-owner of record incident to the death of the Borrower under the Transfer on Death Deed recorded 9/19/2019 at Book 1391 Page 0171 with the County Clerk of Mayes County, Oklahoma. 9. That Plaintiff is also allowed to recover fees and costs incurred in servicing the loan including those of collection and foreclosure, including reasonable attorney’s fees. 10. That the following parties are joined as Defendants due to the following apparent interest(s) in the Mortgaged Premises: a. STANLEY E. DOYLE by virtue of being a co-owner of record incident to the death of the Borrower under the Transfer on Death Deed recorded 9/19/2019 at Book 1391 Page 0171 with the County Clerk of Mayes County, Oklahoma. b. THOMAS D. DOYLE by virtue of being a co-owner of record under the Transfer on Death Deed recorded 9/19/2019 at Book 1391 Page 0171 with the County Clerk of Mayes County, Oklahoma. c. UNKNOWN SPOUSE, if any, of Stanely E. Doyle by virtue of a possible homestead interest. d. UNKNOWN SPOUSE, if any, of Thomas D. Doyle by virtue of a possible homestead interest. Any right, title, or interest claimed by said Defendant(s) is subordinate and inferior to the mortgage lien claimed by the Plaintiff. 11. The Defendant State of Oklahoma ex rel Oklahoma Commission may also claim some interest in the Mortgaged Premises by virtue the following tax warrants: <table> <tr> <th>1996-736320<br>1525 / 189</th> <th>OKLAHOMA TAX COMMISSION</th> <th>STANLEY DOYLE OF VESCO VENTURES INC.</th> <th>TAX WARRANT (State Tax Lien or Warrant)</th> <th>12/04/2023</th> <th>8,952.48</th> </tr> <tr> <td>1996-736324<br>1525 / 193</td> <td>OKLAHOMA TAX COMMISSION</td> <td>STANLEY DOYLE OF VESCO VENTURES INC.</td> <td>TAX WARRANT (State Tax Lien or Warrant)</td> <td>12/04/2023</td> <td>5,072.89</td> </tr> <tr> <td>1996-736316<br>1525 / 195</td> <td>OKLAHOMA TAX COMMISSION</td> <td>STANLEY DOYLE OF VESCO VENTURES INC.</td> <td>TAX WARRANT (State Tax Lien or Warrant)</td> <td>12/04/2023</td> <td>4,739.21</td> </tr> <tr> <td>1996-736315<br>1525 / 184</td> <td>OKLAHOMA TAX COMMISSION</td> <td>STANLEY DOYLE OF VESCO VENTURES INC.</td> <td>TAX WARRANT (State Tax Lien or Warrant)</td> <td>12/04/2023</td> <td>6,388.68</td> </tr> <tr> <td>1996-734850<br>1520 / 74</td> <td>OKLAHOMA TAX COMMISSION</td> <td>STANLEY E AND VALERIE DOYLE</td> <td>TAX WARRANT (State Tax Lien or Warrant)</td> <td>09/29/2023</td> <td>6,267.85</td> </tr> </table> Any right, title, or interest claimed by said Defendant(s) is subordinate and inferior to the mortgage lien claimed by the Plaintiff. 12. The Defendant Unknown Occupants, if any, of 493 SYCAMORE LANE, PRYOR, OK 74361, may also claim some interest in the Mortgaged Premises by virtue of occupancy. Any right, title, or interest claimed by said Defendant(s) is subordinate and inferior to the mortgage lien claimed by the Plaintiff. 13. That Plaintiff has satisfied all of the conditions precedent to foreclosure as required by the Note and Mortgage or applicable law. A true copy of a Notice of Right to Cure sent to the appropriate parties is attached as Exhibit D and is incorporated by reference. WHEREFORE, the Plaintiff prays for the following: Judgment of foreclosure and sale of the Mortgaged Premises; That all of said Defendants be required to appear and set forth any right title claim, or interest which they have, or may have, in and to said real estate and premises; and That the Court determine the amounts due the Plaintiff from the Borrower for principal, interest, taxes, insurance, costs of suit and attorney's fees be determined, and award Plaintiff judgment in rem against the Mortgaged Premises sued upon and all said Defendants adjudging: That the defendants and all persons claiming under them be barred and foreclosed of all claim, right and equity of redemption of the Mortgaged Premises, except the right to redeem the same before sale as provided by law; That the judgment provide that all right, title and interest which the Defendants and all persons claiming under them have in the Mortgaged Premises be declared to be subsequent, subordinate, and subject to the Mortgage of the Plaintiff; That the judgment provide that the Mortgaged Premises be sold for payment of the amount due to the Plaintiff, together with interest, reasonable attorney fees and costs, costs of sale and any advances made for the benefit and preservation of the premises until confirmation of sale; with or without appraisement, as the Plaintiff has elected and as provided in said mortgage and by law; That the judgment provide that the proceeds realized from the sale of the Mortgaged Premises be applied to discharge the debt, advances, fees and costs adjudged to be due to the Plaintiff; That the surplus, if any, be paid into the Court to abide the further order of this Court; That the Defendants and all persons with claims under them be enjoined from committing waste or otherwise doing any act that may impair the value of the Mortgaged Premises from the date of judgment until sale and confirmation; and, That the Plaintiff has such other further judgment, order, or relief as may be considered just and equitable. Dated: February 16, 2026 Respectfully submitted, JOHN P. SEIDENBERGER, OBA #30715 Schuerger Law Group Private Counsel – U.S. Department of Justice Attorney for the United States of America 5100 E. Skelly Drive, Suite 140 Tulsa, OK 74135 Tel: 918-921-1003 [email protected] ATTORNEY FOR PLAINTIFF STATE OF OKLAHOMA ) COUNTY OF TULSA ) SS I state under penalty of perjury on this 16th day of February, 2026, under the laws of Oklahoma, that the foregoing is true and correct. John Seidenberger, OBA #30715 EXHIBIT A-1 State of OKLAHOMA FIXED RATE NOTE CLOSED END (Home Equity Conversion) June 18, 2013 493 SYCAMORE LANE, PRYOR, Oklahoma 74361 (Property Address) THIS IS A TRUE AND CERTIFIED COPY BY: ____________________________ FHA Case No. ________________ Loan No. ________________ MIN: _______________________ 1. DEFINITIONS "Borrower" means each person signing at the end of this Note. "Lender" means Open Mortgage, LLC and its successors and assigns. "Secretary" means the Secretary of Housing and Urban Development or his or her authorized representatives. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for amounts to be advanced by Lender to or for the benefit of Borrower under the terms of a Home Equity Conversion Loan Agreement dated June 18, 2013 ("Loan Agreement"), Borrower promises to pay to the order of Lender a principal amount equal to the sum of all Loan Advances made under the Loan Agreement with interest. All amounts advanced by Lender, plus interest, if not due earlier, are due and payable on January 17, 2085. Interest will be charged on unpaid principal at the rate of Four AND Nine Hundred Ninety Thousandth percent (4.990%) per year until the full amount of principal has been paid. Accrued interest shall be added to the principal balance as a Loan Advance at the end of each month. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall pay all outstanding principal and accrued interest to Lender upon receipt of a notice by Lender requiring immediate payment-in-full, as provided in Paragraph 6 of this Note. (B) Place Payment shall be made at Open Mortgage, LLC, 14101 Hwy 290 W, Bldg 1300, Austin, TX 78737 or any such other place as Lender may designate in writing by notice to Borrower. (C) Limitation of Liability Borrower shall have no personal liability for payment of the debt. Lender shall enforce the debt only through sale of the Property covered by the Security Instrument ("Property"). If this Note is assigned to the Secretary, the Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. 5. BORROWER'S RIGHT TO PREPAY A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty. Any amount of debt prepaid will first be applied to reduce the principal balance of the Second Note described in Paragraph 10 of this Note and then to reduce the principal balance of this Note. All prepayments of the principal balance shall be applied by Lender as follows: First, to that portion of the principal balance representing aggregate payments for mortgage insurance premiums; Second, to that portion of the principal balance representing aggregate payments for servicing fees; Third, to that portion of the principal balance representing accrued interest due under the Note; and Fourth, to the remaining portion of the principal balance. To the extent Borrower prepa ys any outstanding balance under this Note, such amounts will no longer be available to be advanced under this Note. 6. IMMEDIATE PAYMENT-IN-FULL (A) Death or Sale Lender may require immediate payment-in-full of all outstanding principal and accrued interest if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower, or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property). (B) Other Grounds Lender may require immediate payment-in-full of all outstanding principal and accrued interest, upon approval by an authorized representative of the Secretary, if: (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; (ii) For a period of longer than 12 consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or (iii) An obligation of the Borrower under the Security Instrument is not performed. (C) Payment of Costs and Expenses If Lender has required immediate payment-in-full as described above, the debt enforced through sale of the Property may include costs and expenses, including reasonable and customary attorney's fees, associated with enforcement of this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. (D) Trusts Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph. 7. WAIVERS Borrower waives the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note only through sale of the Property. 10. RELATIONSHIP TO SECOND NOTE (A) Second Note Because Borrower will be required to repay amounts which the Secretary may make to or on behalf of Borrower pursuant to Section 255 (i)(1)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to grant a Second Note to the Secretary. (B) Relationship of Secretary Payments to this Note Payments made by the Secretary shall not be included in the debt due under this Note unless: (i) This Note is assigned to the Secretary; or (ii) The Secretary accepts reimbursements by the Lender for all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the payments, shall be included in the debt. (C) Effect on Borrower Where there is no assignment or reimbursement as described in (B)(i) or (ii) and the Secretary makes payments to Borrower, then Borrower shall not: (i) Be required to pay amounts owed under this Note until the Secretary has required payment-in-full of all outstanding principal and accrued interest under the Second Note held by the Secretary, notwithstanding anything to the contrary in Paragraph 6 of this Note; or (ii) Be obligated to pay interest under this Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance of this Note, notwithstanding anything to the contrary in Paragraph 2 of this Note or any Allonge to this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Thomas W Doyle (SEAL) THOMAS W DOYLE 6-15-13 Date EXHIBIT A-2 State of OKLAHOMA FIXED RATE SECOND NOTE CLOSED END (Home Equity Conversion) June 18, 2013 FHA Case No. [redacted] Loan No. [redacted] MIN: [redacted] 493 SYCAMORE LANE, PRYOR, Oklahoma 74361 (Property Address) 1. DEFINITIONS "Borrower" means each person signing at the end of this Note. "Secretary" or "Lender" means the Secretary of Housing and Urban Development or his or her authorized representatives. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for amounts to be advanced by Lender to or for the benefit of Borrower under the terms of a Home Equity Conversion Loan Agreement dated June 18, 2013 ("Loan Agreement"), Borrower promises to pay to the order of Lender a principal amount equal to the sum of all Loan Advances made under the Loan Agreement with interest. All amounts advanced by Lender, plus interest, if not due earlier, are due and payable on January 17, 2085. Interest will be charged on unpaid principal at the rate of Four AND Nine Hundred Ninety Thousandths percent (4.990%) per year until the full amount of principal has been paid. Accrued interest shall be added to the principal balance as a Loan Advance at the end of each month. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument" or the "Second Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. Borrower also executed a First Security Instrument and First Note when the Second Security Instrument and this Note were executed. 4. MANNER OF PAYMENT (A) Time Borrower shall pay all outstanding principal and accrued interest to Lender upon receipt of a notice by Lender requiring immediate payment-in-full, as provided in Paragraph 6 of this Note. (B) Place Payment shall be made at the Office of the Housing -- FHA Comptroller, Director of Mortgage Insurance Accounting and Servicing, Department of Housing and Urban Development, 451 7th Street, SW, Washington, DC 20410, or any such other place designated by the Secretary in writing by notice to Borrower. (C) Limitation of Liability Borrower shall have no personal liability for payment of the debt. Lender shall enforce the debt only through sale of the Property covered by the Security Instrument ("Property"). 5. BORROWER'S RIGHT TO PREPAY A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty. Any amount of debt prepaid will first be applied to reduce the principal balance of this Note and then to reduce the principal balance of the First Note. All prepayments of the principal balance shall be applied by Lender as follows: First, to that portion of the principal balance representing aggregate payments for mortgage insurance premiums; Second, to that portion of the principal balance representing aggregate payments for servicing fees; Third, to that portion of the principal balance representing accrued interest due under the Note; and Fourth, to the remaining portion of the principal balance. To the extent Borrower prepays any outstanding balance under this Note, such amounts will no longer be available to be advanced under this Note. 6. IMMEDIATE PAYMENT-IN-FULL (A) Death or Sale Lender may require immediate payment-in-full of all outstanding principal and accrued interest if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower, or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property). (B) Other Grounds Lender may require immediate payment-in-full of all outstanding principal and accrued interest, upon approval by an authorized representative of the Secretary, if: (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; (ii) For a period of longer than 12 consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or (iii) An obligation of the Borrower under the Security Instrument is not performed. (C) Payment of Costs and Expenses If Lender has required immediate payment-in-full as described above, the debt enforced through sale of the Property may include costs and expenses, including reasonable and customary attorney's fees, associated with enforcement of this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. (D) Trusts Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph. 7. WAIVERS Borrower waives the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given the Secretary a notice of Borrower's different address. Any notice that must be given to the Secretary under this Note will be given by first class mail to the HUD Field Office with jurisdiction over the Property or any other address designated by the Secretary. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note only through sale of the Property. 10. RELATIONSHIP TO FIRST NOTE (A) Second Note Because Borrower will be required to repay amounts which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to grant this Note to the Secretary. (B) Relationship of Secretary Payments to First Note Payments made by the Secretary shall be included in the debt due under this Note unless: (i) The First Note is assigned by its holder to the Secretary; or (ii) The Secretary accepts reimbursement by the holder of the First Note for all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the payments, shall be included in the debt under the First Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Thomas W Doyle (SEAL) THOMAS W DOYLE 6-18-13 Date EXHIBIT B-1 RETURNING RECORD TO: 3655 HWY 5, Suite 100 Dawsonville, GA 30135 return to NATIONS TITLE of OKC 5715 N. Western, Ste. G City: OK Phone: (405)879-1249 (11/33.00) [Space Above This Line For Recording Date] State of OKLAHOMA PHA Case No. Loan No. MBN: FIXED RATE HOME EQUITY CONVERSION MORTGAGE THIS MORTGAGE ("Security Instrument") is given on June 18, 2013. The mortgagee is THOMAS W DOYLE, As Observed Max, whose address is 493 SYCAMORE LANE, PRYOR, Oklahoma 74361 ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), which is organized and existing under the laws of Delaware, and whose address is P.O. Box 2056, Filin, MI 49331-2056, telephone (866) 679-MERS. Open Mortgage, LLC is organized and existing under the laws of Texas, and has an address of 1481 Hwy 290 W, Bldg 1290, Austin TX 78757("Lender"). Borrower has agreed to repay to Lender amounts which Lender is obligated to advance, including future advances, under the terms of a Home Equity Conversion Loan Agreement dated the same date as this Security Instrument ("Loan Agreement"). The agreement to repay is evidenced by Borrower's Fixed-Rate Note dated the same date as this Security Instrument ("Note"). The mortgagee of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument consists to Lender: (a) the repayment of the debt evidenced by the Note, with interest at a fixed rate (interest), and all renewals, extensions and modifications of the Note, up to a maximum principal amount of Two Hundred Eighty Five Thousand Dollars and Zero Cents (U.S. $285,000.00); (b) the payment of all other sums, with interest, advanced under paragraph 5 to protect the security of this Security Instrument or otherwise due under the terms of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. The full date, including amounts described in (a), (b), and (c) above, if not due earlier, is due and payable on January 17, 2035. For this purpose, BORROWER DOES HEREBY MORTGAGE, GRANT AND CONVEY to MERS and to the successors and assigns of MERS, with power of sale, the following described property located in MAYES County, OKLAHOMA: See legal description as Exhibit A attached hereto and made a part hereof for all intents and purposes which has the address of 493 SYCAMORE LANE, PRYOR, Oklahoma 74361 ("Property Address") TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERIS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERIS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note. 2. Payment of Property Charges. Borrower shall pay all property charges consisting of taxes, ground rents, flood and hazard insurance premiums, and special assessments in a timely manner, and shall provide evidence of payment to Lender, unless Lender pays property charges by withholding funds from monthly payments due to the Borrower or by charging such payments to a line of credit as provided for in the Loan Agreement. 3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire. This insurance shall be maintained in the amounts, to the extent and for the periods required by Lender or the Secretary of Housing and Urban Development ("Secretary"). Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any revaluations shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss to Lender instead of to Borrower and Lender jointly. Insurance proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is economically feasible and Lender's security is not released. If the restoration or repair is not economically feasible or Lender's security would be released, the insurance proceeds shall be applied first to the reduction of any indebtedness under a Second Note and Second Security Instrument held by the Secretary on the Property and then to the reduction of the indebtedness under the Note and this Security Instrument. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 4. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leascholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence after the execution of this Security Instrument and Borrower (or at least one Borrower, if initially more than one person are Borrowers) shall continue to occupy the Property as Borrower's principal residence for the term of the Security Instrument. "Principal residence" shall have the same meaning as in the Loan Agreement. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 5. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument in the manner provided in Paragraph 12(c). If Borrower fails to make these payments or the property charges required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts due to the Secretary for the Mortgage Insurance Premium as defined in the Loan Agreement as well as all sums due to the loan servicer for servicing activities as defined in the Loan Agreement. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for in the Loan Agreement and shall be secured by this Security Instrument. 6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to any inspection or appraisal specifying a purpose for the inspection or appraisal which must be related to Lender's interest in the Property. If the Property is vacant or abandoned or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property without notice to the Borrower. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation, or other taking of any part of the Property, or for conveyance in place of condemnation shall be paid to Lender. The proceeds shall be applied first to the reduction of any indebtedness under a Second Note and Second Security Instrument held by the Secretary on the Property, and then to the reduction of the indebtedness under the Note and this Security Instrument. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Due and Payable. Lender may require immediate payment-in-full of all sums secured by this Security Instrument if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower; or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property). (b) Due and Payable with Secretary Approval. Lender may require immediate payment-in-full of all sums secured by this Security Instrument, upon approval of the Secretary, if: (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; or (ii) For a period of longer than 12 consecutive months, a Borrower fails to occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or (iii) An obligation of the Borrower under this Security Instrument is not performed. (c) Notice to Lender. Borrower shall notify Lender whenever any of the events listed in this Paragraph 9 (a)(ii) and (b) occur. (d) Notice to Secretary and Borrower. Lender shall notify the Secretary and Borrower whenever the loan becomes due and payable under Paragraph 9 (a)(ii) and (b). Lender shall not have the right to commence foreclosure until Borrower has had 30 days after notice to either: (i) Correct the matter which resulted in the Security Instrument coming due and payable; or (ii) Pay the balance in full; or (iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net proceeds of the sale toward the balance; or (iv) Provide the Lender with a deed-in-lieu of foreclosure. (e) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph 9. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph 9. (I) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note not be eligible for insurance under the National Housing Act within eight (8) months from the date hereof, if permitted by applicable law Lender may, at its option, require immediate payment-in-full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to eight (8) months from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such insufficiency. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt secured by this Security Instrument. Lender may enforce the debt only through sale of the Property. Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security Instrument is foreclosed. If this Security Instrument is assigned to the Secretary upon demand by the Secretary, Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. 11. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment-in-full. This right applies even after foreclosure proceedings are instituted. To reinstate this Security Instrument, Borrower shall correct the condition which resulted in the requirement for immediate payment-in-full. Foreclosure costs and reasonable and customary attorney's fees and expenses properly associated with the foreclosure proceeding shall be added to the principal balance. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment-in-full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the Security Instrument. 12. Lien Status. (a) Modification. Borrower agrees to extend this Security Instrument in accordance with this Paragraph 12(a). If Lender determines that the original lien status of the Security Instrument is jeopardized under state law (including but not limited to situations where the amount secured by the Security Instrument equals or exceeds the maximum principal amount stated or the maximum period under which loan advances retain the same lien priority initially granted to loan advances has expired) and state law permits the original lien status to be maintained for future loan advances through the execution and recordation of one or more documents, then Lender shall obtain title evidence at Borrower's expense. If the title evidence indicates that the property is not encumbered by any liens (except this Security Instrument, the Second Security Instrument described in Paragraph 13(a) and any subordinate liens that the Lender determines will also be subordinate to any future loan advances), Lender shall request the Borrower to execute any documents necessary to protect the lien status of future loan advances. Borrower agrees to execute such documents. If state law does not permit the original lien status to be extended to future loan advances, Borrower will be deemed to have failed to have performed an obligation under this Security Instrument. (b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral program, if any liens created by the tax deferral are not subordinate to this Security Instrument. (c) Prior Lien. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operates to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to all amounts secured by this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 13. Relationship to Second Security Instrument. (a) Second Security Instrument. In order to secure payments which the Secretary may make to or on behalf of Borrower pursuant to Section 2530(T)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to execute a Second Note and a Second Security Instrument on the Property. (b) Relationship of First and Second Security Instruments. Payments made by the Secretary shall not be included in the debt under the Note unless: (i) This Security Instrument is assigned to the Secretary; or (ii) The Secretary accepts reimbursement by the Lender for all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the payments, but excluding late charges paid by the Secretary, shall be included in the debt under the Note. (c) Effect on Borrower. Where there is no assignment or reimbursement as described in (i) or (ii) and the Secretary makes payments to Borrower, then Borrower shall not: (i) Be required to pay amounts owed under the Note, or pay any rents and revenues of the Property under Paragraph 19 to Lender or a receiver of the Property, until the Secretary has required payment-in-full of all outstanding principal and accrued interest under the Second Note; or (ii) Be obligated to pay interest or should appreciate under the Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance under the Note. (d) No Duty of the Secretary. The Secretary has no duty to Lender to enforce covenants of the Second Security Instrument or to take actions to preserve the value of the Property, even though Lender may be unable to collect amounts owed under the Note because of restrictions in this Paragraph 13. 14. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 15. Successors and Assigns Bound; Joint and Several Liability. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender. Borrower may not assign any rights or obligations under this Security Instrument or under the Note, except to a trust that meets the requirements of the Secretary. Borrower's covenants and agreements shall be joint and several. 16. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address all Borrowers jointly designate. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this Paragraph 16. 17. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Security Instrument. NON-UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 19. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 19. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by this Security Instrument is paid in full. 20. Foreclosure Procedure. If Lender requires immediate payment-in-full under Paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Paragraph 20, including, but not limited to, reasonable attorneys' fees and costs of title. evidence. If Lender invokes the power of sale, Lender shall give notice of sale to Borrower in the manner required by applicable law. Lender shall also publish the notice of sale, and the Property shall be sold as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law. 21. Lien Priority. The full amount secured by this Security Instrument shall have the same priority over any other liens on the Property as if the full amount had been disbursed on the date the initial disbursement was made, regardless of the actual date of any disbursement. The amount secured by this Security Instrument shall include all direct payments by Lender to Borrower and all other loan advances permitted by this Security Instrument for any purpose. This lien priority shall apply notwithstanding any State constitution, law or regulation, except that this lien priority shall not affect the priority of any liens for unpaid State or local governmental unit special assessments or taxes. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recorded costs unless applicable law provides otherwise. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 23. Waiver of Appraisement. Appraisement of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. 24. Obligatory Loan Advances. Lender's responsibility to make Loan Advances under the terms of the Loan Agreement, including Loan Advances of principal to Borrower, as well as Loan Advances for interest, MIP, Servicing Fees and other charges, is obligatory. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated hereinto and shall amend and supplements the covenants and agreements of this Security Instrument as if these rider(s) were a part of this Security Instrument. (Check applicable box(es).) [ ] Condominium Rider [ ] Planned Unit Development Rider [ ] Other (Specify) 26. Nominee Capacity of MERS. MERS serves as mortgagee of record and secured party solely as nominee for Lender and its successors and assigns and holds legal title to the interests granted, assigned, and transferred herein. All payments or deposits with respect to the Secured Obligations shall be made to Lender; all advances under the Loan Documents shall be made by Lender; and all consents, approvals, or other determinations required or permitted of Mortgagee herein shall be made by Lender. MERS shall at all times comply with the instructions of Lender and its successors and assigns. If necessary to comply with law or custom, MERS (for the benefit of Lender and its successors and assigns) may be directed by Lender to exercise any or all of these interests, including without limitation, the right to foreclose and sell the Property, and take any action required of Lender, including without limitation, a release, discharge or reconveyance of this Mortgage. NOTICE TO BORROWER A POWER OF SALE HAS BEEN GRANTED BY THIS MORTGAGE. A POWER OF SALE MAY ALLOW THE MORTGAGORS TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY THE MORTGAGOR UNDER THE MORTGAGE. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Thomas W Doyle (SEAL) THOMAS W DOYLE 6-18-13 Date [Space Below This Line For Acknowledgment] STATE OF OKLAHOMA ) COUNTY OF Tulsa ) ss. This instrument was acknowledged before me on June 18, 2013 (date) by Thomas J. Doyle (name(s) of person(s)). Helen Cranley notary public my commission expires: February 14, 2015 commission no.: O3001S15 evidence. If Lender invokes the power of sale, Lender shall give notice of sale to Borrower in the manner required by applicable law. Lender shall also publish the notice of sale, and the Property shall be sold as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law. 21. Liens Priority. The full amount secured by this Security Instrument shall have the same priority over any other liens on the Property as if the full amount had been disbursed on the date the initial disbursement was made, regardless of the actual date of any disbursement. The amount secured by this Security Instrument shall include all direct payments by Lender to Borrower and all other loan advances permitted by this Security Instrument for any purpose. This lien priority shall apply notwithstanding any State constitution, law or regulation, except that this lien priority shall not affect the priority of any liens for unpaid State or local government unit special assessments or taxes. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any redemption costs unless applicable law provides otherwise. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 23. Waiver of Appraisement. Appraisement of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgement is entered in any foreclosure. 24. Obligatory Loan Advances. Lender's responsibility to make Loan Advances under the terms of the Loan Agreement, including Loan Advances of principal to Borrower, as well as Loan Advances for interest, MLP, Servicing Fees and other charges, is obligatory. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of such such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es).] ☐ Condominium Rider ☐ Planned Unit Development Rider ☐ Other (Specify): 26. Nominee Capacity of MERS. MERS serves as mortgagee of record and secured party solely as occasion for Lender and its successors and assignees and holds legal title to the interests granted, assigned, and transferred herein. All payments or deposits with respect to these Secured Obligations shall be made to Lender; all advances under the Loan Documents shall be made by Lender; and all consents, approvals, or other determinations required or permitted of Mortgagees herein shall be made by Lender. MERS shall at all times comply with the instructions of Lender and its successors and assignees. If necessary to comply with law or custom, MERS (for the benefit of Lender and its successors and assignees) may be directed by Lender to exercise any or all of these powers, including without limitation, the right to foreclose and sell the Property, and take any action required of Lender, including without limitation, a release, discharge or reconveyance of this Mortgage. EXHIBIT A Exhibit A to the Mortgage made on June 18, 2013, by THOMAS W BOYLE, An Unmarried Man ("Borrower") to Mortgage Electronic Registration Systems, Inc. ("MERS") ("Mortgagee"). The Property is located in the county of MAYES, state of Oklahoma, described as follows: Description of Property See Attached Schedule A EXHIBIT "A" Lots Numbered Twelve (12) and Thirteen (13) of OAKWOOD ACRES THE FOURTH, a Subdivision in Mayes County, State of Oklahoma, according to the official Survey and Plat filed thereof. Improvements thereon bear the address: 493 Sycamore Lane, Pryor, OK 74361 Address provided for informational purposes only. EXHIBIT B-2 1-1996-062022 07/24/2013 9:58 am Book 1245 Pages(s) 0395-0404 Fax: $31.00 Doc: $0.00 Brittany Truss-Hawkey - Mayes County State of Oklahoma Record and Return to: 3615 Hwy 5, Suite 100 Duckettville, GA 30135 Return to: NATIONS TITLE of OKC 5715 N. Western, Ste. G Okla. City, OK 73118-1249 File#: 13010839 (Mayo Co.) [Space Above This Line For Recording Data] 10/31/00 State of OKLAHOMA FHIA Case No. Loan No. MIN. FIXED RATE HOME EQUITY CONVERSION SECOND MORTGAGE THIS MORTGAGE ("Security Instrument" or "Second Security Instrument") is given on June 18, 2013. The mortgagor is THOMAS W BOYLE, An Unmarried Man, whose address is 493 SYCAMORE LANE, PRYOR, Oklahoma 74361 ("Borrower"). This Security Instrument is given to the Secretary of Housing and Urban Development, whose address is 451 Seventh Street, SW, Washington, DC 20410 ("Lender" or "Secretary"). Borrower has agreed to repay to Lender amounts which Lender is obligated to advance, including future advances, under the terms of a Home Equity Conversion Loan Agreement dated the same date as this Security Instrument ("Loan Agreement"). The agreement to repay is evidenced by Borrower's Fixed-Rate Note dated the same date as this Security Instrument ("Second Note"). This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Second Note, with interest at a fixed rate (interest), and all renewals, extensions and modifications of the Note, up to a maximum principal amount of Two Hundred Eighty Five Thousand Dollars and Zero Cents (U.S. $285,850.00); (b) the payment of all other sums, with interest, advanced under paragraph 5 to protect the security of this Security Instrument or otherwise due under the terms of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Second Note. The full debt, including amounts described in (a), (b), and (c) above, if not due earlier, is due and payable on January 17, 2085. For this purpose, BORROWER DOES HEREBY MORTGAGE, GRANT AND CONVEY to Lender, with power of sale, the following described property located in MAYES County, OKLAHOMA: See legal description as Exhibit A attached hereto and made a part hereof for all intents and purposes which has the address of 493 SYCAMORE LANE, PRYOR, Oklahoma 74361, ("Property Address") TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is only encumbered by a First Security Instrument given by Borrower and dated the same date as this Security Instrument ("First Security Instrument"). Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Second Note. 2. Payment of Property Charges. Borrower shall pay all property charges consisting of taxes, ground rents, flood and hazard insurance premiums, and special assessments in a timely manner, and shall provide evidence of payment to Lender, unless Lender pays property charges by withholding funds from monthly payments due to the Borrower or by charging such payments to a line of credit as provided for in the Loan Agreement. Lender may require Borrower to pay specified property charges directly to the party owed payment even though Lender pays other property charges as provided in this Paragraph. 3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire. This insurance shall be maintained in the amounts, to the extent and for the periods required by Lender. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss to Lender, instead of to Borrower and Lender jointly. Insurance proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied first to the reduction of any indebtedness under the Second Note and this Security Instrument. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Second Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in said to insurance policies in force shall pass to the purchaser. 4. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence after the execution of this Security Instrument and Borrower (or at least one Borrower, if initially more than one person are Borrowers) and shall continue to occupy the Property as Borrower's principal residence for the term of the Security Instrument. "Principal residence" shall have the same meaning as in the Loan Agreement. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 5. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument in the manner provided in Paragraph 12(c). If Borrower fails to make these payments or the property charges required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts due to the Secretary for the Mortgage Insurance Premium as defined in the Loan Agreement as well as all sums due to the loan servicer for servicing activities as defined in the Loan Agreement. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for in the Loan Agreement and shall be secured by this Security Instrument. 6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to any inspection or appraisal specifying a purpose for the inspection or appraisal which must be related to Lender's interest in the Property. If the Property is vacant or abandoned or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property without notice to the Borrower. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, shall be paid to Lender. The proceeds shall be applied first to the reduction of any indebtedness under the Second Note and this Security Instrument. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Second Note and this Security Instrument shall be paid to the entity legally entitled thereto. 8. Fees. Lender may collect fees and charges authorized by the Secretary for the Home Equity Conversion Mortgage Insurance Program. 9. Grounds for Acceleration of Debt. (a) Due and Payable. Lender may require payment-in-full of all sums secured by this Security instrument if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower; or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property); or (iii) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; or (iv) For a period of longer than 12 consecutive months, a Borrower fails to occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or (v) An obligation of the Borrower under this Security Instrument is not performed. (b) Notice to Lender. Borrower shall notify the Lender whenever any of the events listed in Paragraph 9(a)(i)-(v) occur. (c) Notice to Borrower. Lender shall notify Borrower whenever the loan becomes due and payable under Paragraph 9(a)(ii)-(v). Lender shall not have the right to commence foreclosure until Borrower has had 30 days after notice to either: (i) Correct the matter which resulted in the Security Instrument coming due and payable; or (ii) Pay the balance in full; or (iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net proceeds of the sale toward the balance; or (iv) Provide the Lender with a deed-in-lieu of foreclosure. (d) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph 9. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph 9. 10. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt secured by this Security Instrument. Lender may enforce the debt only through sale of the Property. Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security Instrument is foreclosed. 11. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment-in-full. This right applies even after foreclosure proceedings are instituted. To reinstate this Security Instrument, Borrower shall correct the condition which resulted in the requirement for immediate payment-in-full. Foreclosure costs and reasonable and customary attorney's fees and expenses properly associated with the foreclosure proceeding shall be added to the principal balance. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment-in-full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the Security Instrument. 12. Lien Status. (a) Modification. Borrower agrees to extend this Security Instrument in accordance with this Paragraph 12(a). If Lender determines that the original lien status of the Security Instrument is jeopardized under state law (including but not limited to situations where the amount secured by the Security Instrument equals or exceeds the maximum principal amount stated or the maximum period under which loan advances retain the same lien priority initially granted to loan advances has expired) and state law permits the original lien status to be maintained for future loan advances through the execution and recordation of one or more documents, then Lender shall obtain title evidence at Borrower's expense. If the title evidence indicates that the property is not encumbered by any liens (except the First Security Instrument described in Paragraph 13(a)), this Second Security Instrument and any subordinate liens that the Lender determines will also be subordinate to any future loan advances), Lender shall request the Borrower to execute any documents necessary to protect the lien status of future loan advances. Borrower agrees to execute such documents. If state law does not permit the original lien status to be extended to future loan advances, Borrower will be deemed to have failed to have performed an obligation under this Security Instrument. (b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral program, if any liens created by the tax deferral are not subordinate to this Security Instrument. (c) Prior Liens. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to all amounts secured by this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 13. Relationship to First Security Instrument. (a) Second Security Instrument. In order to secure payments which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to execute a Second Note and this Second Security Instrument. Borrower also has executed a First Note and First Security Instrument. (b) Relationship of First and Second Security Instruments. Payments made by the Secretary shall not be included in the debt under the First Note unless: (i) The First Security Instrument is assigned to the Secretary; or (ii) The Secretary accepts reimbursement by the holder of the First Note for all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the payments but excluding late charges paid by the Secretary, shall be included in the debt under the First Note. (c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or (ii) and the Secretary makes payments to Borrower, then Borrower shall not: (i) Be required to pay amounts owed under the First Note, or pay any rents and revenues of the Property under Paragraph 19 to the holder of the First Note or a receiver of the Property, until the Secretary has required payment-in-full of all outstanding principal and accrued interest under the Second Note; or (ii) Be obligated to pay interest or shared appreciation under the First Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance under the First Note. (d) No Duty of the Secretary. The Secretary has no duty to the holder of the First Note to enforce covenants of the Second Security Instrument or to take actions to preserve the value of the Property, even though the holder of the First Note may be unable to collect amounts owed under the First Note because of restrictions in this Paragraph 13. (e) Restrictions on Enforcement. Notwithstanding anything else in this Security Instrument, the Borrower shall not be obligated to comply with the covenants hereof, and Paragraph 19 shall have no force and effect, whenever there is no outstanding balance under the Second Note. 14. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 15. Successors and Assigns Bound; Joint and Several Liability. Borrower may not assign any rights or obligations under this Security Instrument or the Second Note, except to a trust that meets the requirements of the Secretary. Borrower's covenants and agreements shall be joint and several. 16. Notices. Any notice to Borrower provided for in this Security instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address all Borrowers jointly designate. Any notice to the Secretary shall be given by first class mail to the HUD Field Office with jurisdiction over the Property or any other address designated by the Secretary. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this Paragraph 16. 17. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Second Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Second Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Second Note are declared to be severable. 18. Borrower's Copy. Borrower shall be given one conformed copy of the Second Note and this Security Instrument. NON-UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 19. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not a assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 19, except as provided in the First Security Instrument. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by this Security Instrument is paid in full. 20. Foreclosure Procedure. If Lender requires immediate payment-in-full under Paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Paragraph 20, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of sale to Borrower in the manner required by applicable law. Lender shall also publish the notice of sale, and the Property shall be sold as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law. 21. Lien Priority. The full amount secured by this Security Instrument shall have a lien priority subordinate only to the full amount secured by the First Security Instrument. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs unless applicable law provides otherwise. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 23. Waiver of Appraisement. Appraisement of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. 24. Obligatory Loan Advances. Lender's responsibility to make Loan Advances under the terms of the Loan Agreement, including Loan Advances of principal to Borrower, as well as Loan Advances for interest, MIP, Servicing Fees and other charges, is obligatory. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es).] [ ] Condominium Rider [ ] Planned Unit Development Rider [ ] Other [Specify] NOTICE TO BORROWER A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW THE MORTGAGEE TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY THE MORTGAGOR UNDER THIS MORTGAGE. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. [Signature] (SEAL) THOMAS W DOYLE Date: 6-18-13 __________________________ [Space Below This Line For Acknowledgment] __________________ STATE OF OKLAHOMA ) COUNTY OF Tulsa ) SS. This instrument was acknowledged before me on June 18, 2013 (date), by Thomas W. Doyle,(name(s) of person(s)). Karen Cranleu Notary Public My Commission Expires: February 14, 2015 Commission No.: 03001515 EXHIBIT A Exhibit A to the Mortgage made on June 18, 2013, by THOMAS W DOYLE, An Unmarried Man ("Borrower") to the Secretary of Housing and Urban Development, and whose address is 451 Seventh Street, S.W., Washington, D.C. 20410, ("Lender" or "Secretary"). The Property is located in the county of MAYES, state of Oklahoma, described as follows: Description of Property See Attached Schedule A EXHIBIT "A" Lots Numbered Twelve (12) and Thirteen (13) of OAKWOOD ACRES THE FOURTH, a Subdivision in Mayes County, State of Oklahoma, according to the official Survey and Plat filed thereof. Improvements thereon bear the address: 493 Sycamore Lane, Pryor, OK 74361 Address provided for informational purposes only. EXHIBIT C ASSIGNMENT OF MORTGAGE Mini: [blacked out] MERS Phone: 1-888-679-4377 FHA Case #: 4223407182 FOR AND IN CONSIDERATION of Ten dollars ($10.00) and other value received, the undersigned, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., whose address is P.O. Box 2026, Flint, MI 48501-2026, AS NOMINEE FOR OPEN MORTGAGE, LLC., ITS SUCCESSORS AND ASSIGNS, does hereby assign, transfer, convey, set over, and deliver to: SECRETARY OF HOUSING AND URBAN DEVELOPMENT, ITS SUCCESSORS AND ASSIGNS, forever and without recourse, whose address is 451 Seventh Street S.W., Washington, DC 20410, The following described Mortgage: Dated: 6/18/2013 Executed by: [blacked out] DOYLE, AN UNMARRIED MAN Payable to: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR OPEN MORTGAGE, LLC., ITS SUCCESSORS AND ASSIGNS Amount of Debt: $335,000.00 Recorded: 7/22/2013 Recording Information: In Book 1245 Page 4384-4394 At Document Number I-1996-653011 Recording Jurisdiction: MAYES County Clerk's Office, State of OKLAHOMA. Property Address: 493 Sycamore Lane, Pryor, OKLAHOMA 74341 Legal Description: LOTS NUMBERED TWELVE (12) AND THIRTEEN (13) OF OAKWOOD ACRES THE FOURTH, A SUBDIVISION IN MAYES COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE OFFICIAL SURVEY AND PLAT FILED THEREOF. VISIT ADDITIONAL LAND RECORDS AT OGCOUOTYRECORDS.COM Executed this 3.19.19. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR OPEN MORTGAGE, LLC, ITS SUCCESSORS AND ASSIGNS By: SPRING DAWN SCOTT Title: VICE PRESIDENT Oklahoma must by signed by a Vice President STATE OF TEXAS COUNTY OF HARRIS Before me, the undersigned, a Notary Public on this day personally appeared SPRING DAWN SCOTT, VICE PRESIDENT, known to me (or proved to me on the oath of ________________), to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., A DELAWARE CORPORATION, AS NOMINEE FOR OPEN MORTGAGE, LLC, ITS SUCCESSORS AND ASSIGNS a corporation, and that he/she had executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this 19 of March A.D. 2019 Notary Public in and for the State of TEXAS Notary's Printed Name: My Commission Expires: Mortgage for $285,000.00 dated 06-14-2019 STACY FISHER Notary Public, State of Texas Comm. Expires 09-14-2021 Notary ID 434683-1 STACY FISHER Notary Public, State of Texas Comm. Expires 09-14-2021 Notary ID 434683-1 EXHIBIT D CERTIFIED MAIL – RETURN RECEIPT REQUESTED NOTICE OF INTENT TO FORECLOSE AND ACCELERATE MORTGAGE BALANCE THE ESTATE OF THOMAS DOYLE FHA CASE NUMBER: [REDACTED] AMOUNT OF THE DEBT: $269,040.86 PAST DUE AMOUNT: $269,040.86 PAYMENT DUE AMOUNT AS OF: May 17, 2024 NAME OF THE CREDITOR: US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Dear THE ESTATE OF THOMAS DOYLE: The Secretary of the United States Department of Housing and Urban Development is the holder of the first mortgage and note on the above premises. As of the date of the notice, THE MORTGAGE IS IN DEFAULT STATUS due to violation of Section 9: Grounds for Acceleration of Debt: ☒ A Borrower dies and the Property is not the principal residence of at least one surviving Borrower or ☐ All of a Borrower’s title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains (a) title to the Property in fee simple, (b) a leasehold under a lease for less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower, or (c) a life estate in the Property (or a beneficial interest in a trust with such an interest in the Property). ☐ The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower ☐ For a period of longer than twelve (12) consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower An obligation of the Borrower under this Security Instrument is not performed. The amount required to pay off the outstanding balance in full by June 16, 2024 is $ 271,179.62 This payment must be in the form of a cashier’s check or certified check made payable to the Secretary of Housing and Urban Development (HUD). All funds MUST BE RECEIVED not later than THIRTY (30) DAYS from the date of this letter, and must be forwarded to: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 14002 EAST 21ST ST, SUITE 300 TULSA, OK 74134 ATTN: CASH MANAGEMENT If you do not pay the amount specified as past due amount WITHIN 30 Days from the date of this letter or tender a deed-in-lieu of foreclosure as noted above, we will accelerate the mortgage obligation (declare the entire mortgage due and payable immediately). We will do this without further demand and instruct our attorney to start foreclosure proceedings. We will consider accepting a deed-in-lieu of foreclosure provided the property is free or can be freed of any liens or encumbrances other than the Secretary-held mortgage. It is essential that you contact us directly at (877) 622-8525, should you have any questions or for additional counseling assistance. In addition, and if you wish, the Department of Housing and Urban Development offers free counseling through approved counseling agencies. The counseling agencies offer services such as budget management, debt management, and related counseling services. You may take advantage of this service anytime during the entire term of the mortgage. For housing counseling assistance call (800) 569-4287. Sincerely, HECM Housing Counselor Compu-Link Corporation, HUD Services Division Esta carta es muy importante, si no entiende el contenido de la misma, favor de obtener una traducción lo antes posible. Para su conveniencia, nuestros consejeros ofrecen sus servicios en Español y con mucho gusto le pueden asistir.
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