IN THE DISTRICT COURT OF GARFIELD COUNTY
STATE OF OKLAHOMA
BOKF, N.A. d/b/a BANK OF OKLAHOMA,
)
)
)
Plaintiff,
)
vs.
TABITHA KAY ROGERS a/k/a TABITHA KAY
BARNETT,
)
)
RICHARD ROE (real name unknown), spouse, if any of Tabitha Kay Rogers a/k/a Tabitha Kay Barnett,
)
OCCUPANTS OF THE PREMISES,
)
COMMUNITY DEVELOPMENT SUPPORT ASSOCIATION, INC.,
)
UNITED STATES OF AMERICA, ex rel. Secretary of Housing and Urban Development,
)
SYNCHRONY BANK,
)
LONG, CLAYPOLE & BLAKLEY LAW, PLC,
)
Defendants.
CASE NO. CJ-2026-52-D1
Judge: Woodward
FILED
GARFIELD COUNTY OKLA
FEB 17 2026
SHELLIE KRAFT
COURT CLERK
BY [signed] DEPUTY COURT CLERK
PETITION
COMES NOW the Plaintiff and for its causes of action against the Defendants, alleges and states as follows:
1. Plaintiff, BOKF, N.A. d/b/a Bank of Oklahoma, was at all times hereinafter mentioned, and now is duly organized, existing and authorized to bring this action.
2. This Court has jurisdiction for this cause of action and venue is proper in this Court.
3. That the Plaintiff does not know the current marital status of the Defendant, Tabitha Kay Rogers a/k/a Tabitha Kay Barnett, and therefore joins her spouse, if any, Richard Roe, real name unknown, in order to foreclose any possible homestead interest which he may have or claim to have in said real estate premises.
4. That the Plaintiff does not know, and with due diligence is unable to ascertain, the true and correct name(s) of the individuals occupying the Subject Property, and therefore sues said individuals by the
names of Occupants of the Premises, whose true and correct names are unknown to Plaintiff. That said individuals are made party Defendants herein to foreclose any right, title, or interest which they may have or claim to have in and to the Subject Property and premises herein sued upon by reason of their occupancy.
5. On the 26th day of March, 2010, Defendant, Tabitha Kay Rogers, made, executed and delivered to Plaintiff a promissory note, in writing, promising and agreeing to pay to the holder thereof the principal sum of $39,662.00 plus interest thereon at the rate of 5.000% per annum on the unpaid balance, payable in monthly installments of $212.91, to be applied first to the interest on the unpaid balance and the remainder to the principal until said debt is paid in full (the “Note”). A true and correct copy of the Note is attached hereto as Exhibit “A” and made a part hereof, as if incorporated herein in full.
6. That as part and parcel of the same transaction, and for the purpose of securing the payment of the Note and all of the indebtedness evidenced thereby, the Defendant, Tabitha Kay Rogers, made, executed, and delivered to Plaintiff, a real estate mortgage (the “Mortgage”) covering the following described real estate in Garfield County, Oklahoma, to-wit:
LOT THREE (3), BLOCK THREE (3), WAVERLY’S THIRD ADDITION TO THE CITY OF ENID, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.
(the “Subject Property”)
Said Mortgage was duly recorded in Book 1979 at Page 938 in the office of the County Clerk of Garfield County, Oklahoma on March 29, 2010. The mortgage tax due on said Mortgage, as provided by the laws of the State of Oklahoma, has been paid, as evidenced by the endorsement thereon. A true and correct copy of the Mortgage is attached hereto, marked Exhibit “B” and made a part hereof, as if incorporated herein in full.
7. That the terms of said Mortgage were subsequently modified by a Mortgage Modification Agreement recorded in Book 2086 at Page 660 in the office of the County Clerk of Garfield County, Oklahoma on May 16, 2012. A true and correct copy of the Mortgage Modification Agreement is attached hereto, marked Exhibit “C” and made a part hereof, as if incorporated herein in full. Said Mortgage Modification Agreement modified the Mortgage to make the principal balance due on the Note and Mortgage to $43,424.76; modified the interest rate to 4.375% per annum from the first day of April, 2012; modified the monthly payment due on the Note and Mortgage to $216.82 effective May 1, 2012; and modified the due date of the final monthly payment under the Note and Mortgage to the first day of April, 2042.
8. That the terms of said Mortgage were subsequently modified by a Loan Modification Agreement recorded in Book 2707 at Page 872 in the office of the County Clerk of Garfield County, Oklahoma
on May 7, 2025. A true and correct copy of the Loan Modification Agreement is attached hereto, marked Exhibit "D" and made a part hereof, as if incorporated herein in full. Said Loan Modification Agreement modified the Mortgage to make the principal balance due on the Note and Mortgage to $26,748.15; modified the interest rate to 7.125% per annum from the first day of April, 2025; modified the monthly payment due on the Note and Mortgage to $168.66 effective May 1, 2025; and modified the due date of the final monthly payment under the Note and Mortgage to the first day of April, 2065.
9. That the terms of said Mortgage were subsequently modified by a Loan Modification Agreement recorded in Book 2728 at Page 219 in the office of the County Clerk of Garfield County, Oklahoma on October 14, 2025. A true and correct copy of the Loan Modification Agreement is attached hereto, marked Exhibit "E" and made a part hereof, as if incorporated herein in full. Said Loan Modification Agreement modified the Mortgage to make the principal balance due on the Note and Mortgage to $29,167.46; modified the interest rate to 7.125% per annum from the first day of September, 2025; modified the monthly payment due on the Note and Mortgage to $183.91 effective October 1, 2025; and modified the due date of the final monthly payment under the Note and Mortgage to the first day of September, 2065.
10. That Plaintiff has complied with all of the terms, conditions precedent and provisions of said Note and Mortgage and is duly empowered to bring this suit.
11. That said Mortgage provides that, in addition to the monthly payments of principal and interest as provided in said Note, the Mortgagors will pay on the day monthly payments of principal and interest are payable under the Note, installments of taxes, assessments, hazard insurance, and mortgage insurance premiums relating to said property and said Mortgage.
12. That said Note and Mortgage provide that if default be made in payment of any of the monthly installments, or on failure or neglect to keep or perform any of the other conditions and covenants of the Mortgage, that the entire principal sum and accrued interest, together with all other sums secured by said Mortgage, shall at once become due and payable, at the option of the holder thereof, and the holder shall be entitled to foreclose said Mortgage and recover the unpaid principal thereon and all expenditures of the Mortgagee made thereunder, with interest thereon, and to have said premises sold and the proceeds applied to the payment of the indebtedness secured thereby, together with all legal and necessary expenses and all costs.
13. That default has been made upon said Note and Mortgage in that the installments due October 1, 2025 and thereafter have not been paid.
14. By reason of the default, aforesaid, Plaintiff will be required to pay abstracting charges and other title search expenses during the pendency of this action, and Plaintiff, as provided in the Note and Mortgage, is entitled to reimbursement for these costs.
15. That said Note and Mortgage provide that in case of a foreclosure of said Mortgage and as often as any proceedings shall be taken to foreclose the same, the makers will pay an attorney's fee as therein provided, and that the same shall be a further charge and lien on said premises.
16. That after allowing all just credits there is due to Plaintiff on said Note and Mortgage the principal sum of $29,167.46 plus interest thereon accrued thereon through February 11, 2026 in the amount of $922.84 plus interest accruing thereafter at 7.125% per annum until paid, with abstracting expenses with interest thereon, until paid, and a reasonable attorney's fee, and for such sums as may be advanced or incurred by Plaintiff during the pendency of this action for taxes, assessments, hazard insurance premiums, expenses reasonably necessary for the preservation of the Subject Property or of the priority of Plaintiff's first mortgage lien including costs, expenses and attorney's fees incurred in any bankruptcy instituted by any particular Defendants and all expenses, costs and attorney's fees of execution and sale on any judgment hereafter entered in this cause, including poundage upon sale for which said Mortgage is a first, prior and superior lien upon the real estate and premises above described.
17. That said Mortgage specifically provides that appraisement of said property is expressly waived or not waived at the option of the mortgagee.
18. That the following Defendants may claim some right, title, lien, estate, encumbrance, claim, assessment or interest in and to the Subject Property for or on account of:
COMMUNITY DEVELOPMENT SUPPORT ASSOCIATION, Inc., Promissory Note recorded March 29, 2010 in Book 1979 at Page 946 in the Office of the Garfield County Clerk, Recapture Agreement recorded March 29, 2010 in Book 1979 at Page 947 in the Office of the Garfield County Clerk, and Real Estate Mortgage recorded March 29, 2010 in Book 1979 at Page 949 in the Office of the Garfield County Clerk.
UNITED STATES OF AMERICA, ex rel. Secretary of Housing and Urban Development, Partial Claim Mortgage recorded March 21, 2024 in Book 2659 at Page 194 in the Office of the Garfield County Clerk and Partial Claim Mortgage recorded May 7, 2025 in Book 881 at Page 3564 in the Office of the Garfield County Clerk.
SYNCHRONY BANK, Statement of Judgment recorded April 12, 2021 in Book 2528 at Page 660 in the Office of the Garfield County Clerk.
LONG, CLAYPOLE & BLAKLEY LAW, PLC, Statement of Judgment recorded June 18, 2024 in Book 2669 at Page 960 in the Office of the Garfield County Clerk.
Plaintiff asserts that any right, title or interest claimed by said Defendants is subordinate and inferior to the mortgage lien claimed by the Plaintiff. Plaintiff prays to the Court that said Defendants be summoned in this case and be required to set up in this suit any right, title or interest claimed in and to the Subject Property or be forever barred.
19. That said interest or claims arising by reason of the foregoing facts and circumstances, as well as any other right, title or interest which the Defendants named herein, or any or either of them have or claim to have, in or to the Subject Property and premises is subsequent, junior and inferior to the Mortgage and lien of the Plaintiff.
WHEREFORE, premises considered, Plaintiff prays that it have judgment in personam against the Defendant, Tabitha Kay Rogers, and judgment in rem as to all Defendants in the principal sum of $29,167.46 plus interest thereon accrued through February 11, 2026, in the amount of $922.84 plus interest accruing thereafter at the rate of 7.125% per annum until paid, a reasonable attorney’s fee, plus abstracting expenses, plus advances for taxes, insurance, property preservation, late charges and court costs, accrued and accruing during the pendency of this action.
Plaintiff prays for a further judgment as to the Defendants, adjudging:
That Plaintiff’s Mortgage constitutes a valid first, prior, and superior lien upon the Subject Property, ordering the lien of the Mortgage be foreclosed for said sums and against each Defendant, and that the Subject Property be ordered sold, with or without appraisement as elected by Plaintiff at the time judgment is rendered, with the proceeds of said sale applied first to the costs herein, then to the payment and satisfaction of Plaintiff’s claim and judgment, with the surplus, if any, paid into Court to abide further order, and judgment determining the right, title, and interest of any and each of the Defendants and any person or entity claiming by or through them in and to the Subject Property, be subject, junior, and inferior to the Mortgage lien of Plaintiff, and adjudging upon confirmation of the sale of the property, all of the said Defendants, and all persons or entities claiming by, through or under them, or any of them, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to said property, or any part thereof; and such other and further relief as the Court may deem just and equitable under the circumstances.
RIGGS ABNEY, NEAL TURPEN, ORBISON & LEWIS
By:
Ryan J. Assink, OBA #17568
502 W. 6th Street
Tulsa, OK 74119
Phone: (918) 587-3161 • Fax: (888) 399-1873
Email:
[email protected]
ATTORNEYS FOR PLAINTIFF
THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
VERIFICATION
STATE OF OKLAHOMA )
COUNTY OF TULSA ) ss.
Ryan J. Assink, of lawful age, being first duly sworn, upon his oath states that he is the attorney for Plaintiff herein, that he has read the above and foregoing document and that the contents thereof are true and correct to the best of his knowledge and belief.
Ryan J. Assink, OBA #17568
Subscribed and sworn to before me this 12th day of February, 2026.
MANDY J. WADE
Notary Public in and for
STATE OF OKLAHOMA
Commission #04007193
Expires: 08-10-2028
NOTE
March 26, 2010
[Date]
1609 W Randolph Ave
Enid, OK 73703
(Property Address)
I certify this to be a true And correct copy of the Original executed document
Bank of Oklahoma, N.A.
1: PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means BANK OF OKLAHOMA, N.A.
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of Thirty Nine Thousand Six Hundred Sixty Two And Zero/100 Dollars (U.S. $ 39,662.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Five percent (5.000 %) per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on May 01 , 2010 . Any principal and interest remaining on the first day of April , 2040 , will be due on that date, which is called the "Maturity Date."
(B) Place
Payment shall be made at P.O. Box 21368, Tulsa, OK 74121 . or at such place as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 212.91 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument.
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box]
☐ Graduated Payment Allonge ☐ Growing Equity Allonge ☐ Other [specify]
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent (4.000%) of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
Tabitha Kay Rogers (Seal) -Borrower
______________________________ (Seal) -Borrower
______________________________ (Seal) -Borrower
______________________________ (Seal) -Borrower
______________________________ (Seal) -Borrower
WITHOUT RECOURSE
PAY TO THE ORDER OF
BANK OF OKLAHOMA, N.A.
BY: _____________________________
DOROTHY CARDENAS
VICE PRESIDENT
Return To:
Bank of Oklahoma N.A.
2308 North VanBuren
Enid, OK 73703
Prepared By:
Deana Alley
2308 North Van Buren
Enid, OK 73703
State of Oklahoma
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on March 26, 2010
The Mortgagor is Tabitha Kay Rogers, a single person,
("Borrower"). This Security Instrument is given to BANK OF OKLAHOMA, N.A.
which is organized and existing under the laws of The United States of America , and
whose address is P.O. Box 35688, Tulsa, OK 74153 ("Lender"). Borrower owes Lender the principal sum of Thirty Nine Thousand Six Hundred Sixty Two And Zero/100 Dollars (U.S. $39,662.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on April 01, 2040 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does
hereby mortgage, grant and convey to the Lender, with power of sale, the following described property located in Garfield County, Oklahoma:
Lot Three (3), Block Three (3), Waverly's Third Addition to the City of Enid, Garfield County, Oklahoma, according to the recorded plat thereof.
Parcel ID Number; which has the address of 1609 W Randolph Ave Enid [City], Oklahoma 73703 [Zip Code] ("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER 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, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds."
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq., and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure
proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver or of preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and 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 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give notice in the manner required by applicable law to Borrower and any other persons prescribed by applicable law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law.
19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs unless applicable law provides otherwise.
20. 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.
21. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of U.S. $500.00
22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)].
[ ] Condominium Rider
[ ] Planned Unit Development Rider
[ ] Growing Equity Rider
[ ] Graduated Payment Rider
[ ] Other [specify]
Ink: DKL
NOTICE TO BORROWER
A power of sale has been granted in this Security Instrument. A power of sale may allow the Lender to take the Property and sell it without going to court in a foreclosure action upon default by Borrower under this Security Instrument.
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it.
Witnesses:
__________________________________ ________________________________
Tabitha Kay Rogers (Seal)
-Borrower
__________________________________ ________________________________
-Borrower (Seal)
__________________________________ ________________________________
-Borrower (Seal)
__________________________________ ________________________________
-Borrower (Seal)
__________________________________ ________________________________
-Borrower (Seal)
STATE OF OKLAHOMA, Garfield
The foregoing instrument was acknowledged before me this March 26, 2010
by Tabitha Kay Rogers, a single person,
Janette Douglass
Notary Public Janette Douglass
My Commission Expires: 10-5-13
Prepared by: Shelley Weis
After recording return to:
BOKF N.A., DBA Bank of Oklahoma N.A.
Attn: Shelley Weis
P.O. Box 35688
Tulsa, OK 74153-9911
FHA Case No.
MORTGAGE MODIFICATION AGREEMENT
This agreement is made this 24TH day of APRIL 2012, between the BOKF N.A., DBA Bank of Oklahoma N.A. ("Lender"), herein referred to as the Mortgagee/Grantee, and TABITHA KAY ROGERS herein referred to as the Borrower(s)/Mortgagor(s)/Grantor(s), for property located at 1609 W. RANDOLPH AVE, ENID, OKLAHOMA 73703.
THE PARTIES RECITE AND DECLARE THAT:
A. The Mortgagee/Grantee is the holder of a Note in the original principal amount of THIRTY-NINE THOUSAND SIX HUNDRED SIXTY-TWO DOLLARS & 00/100 ($39,662.00); made by TABITHA KAY ROGERS on MARCH 26, 2010 with interest accruing at the rate of 5.000% per annum; due and payable JULY 1, 2011.
B. The Note is secured by a Deed of Trust/Mortgage dated MARCH 26, 2010, and recorded with the GARFIELD COUNTY CLERK in the State of OKLAHOMA on MARCH 29, 2010 in Document/Instrument #NA in Volume/Book/Record #1972 at page #338. This deed of trust/mortgage constitutes a lien on the following described property:
LOT 4/THREE (3), BLOCK THREE (3), WAVERLY'S THIRD ADDITION TO THE CITY OF ENID, GARFIELD COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.
**MORTGAGE TAX PAID ON 3-29-10, IN THE AMOUNT OF $39.70, RECEIPT #1547**
C. On such Note and Deed of Trust/Mortgage, there is now owing the sum of THIRTY-EIGHT THOUSAND EIGHT HUNDRED NINETY-ONE DOLLARS & 52/100 ($38,891.52) principal plus ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS & 74/100 ($1,450.74) accrued but unpaid interest.
D. The Borrowers/Mortgagors/Grantors is/are the owner(s) and holder(s) of the mortgaged premises and the deed of trust mortgage constitutes a valid, first lien on such premises and there are no defenses or offsets to the Deed of Trust/Mortgage or to the debt it secures.
E. On such Note and Deed of Trust/Mortgage, there is now owing ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS & 74/100 ($1,450.74) in accrued but unpaid interest and ONE THOUSAND FOUR HUNDRED NINETY-TWO DOLLARS & 06/100 ($1,492.06) escrow advances for taxes and insurance and ONE THOUSAND FIVE HUNDRED EIGHTY-NINE DOLLARS & 00/100 ($1,589.00) legal fees and costs.
FOR THE REASONS SET FORTH ABOVE AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES OF THE PARTIES HERETO, BORROWERS/MORTGAGORS/GANTORS AND BENEFICIARY/MORTGAGEE/GANTTEE COVENANT AND AGREE AS FOLLOWS:
1. MODIFICATION OF PRINCIPAL BALANCE: The Mortgagee/Grantee hereby modifies the principal balance due on the Note and Deed of Trust/Mortgage to FORTY-THREE THOUSAND FOUR HUNDRED TWENTY-FOUR DOLLARS & 76/100 ($43,424.76).
2. MODIFICATION OF INTEREST RATE AND CONTINUING ACCRUAL OF INTEREST:
The Mortgagee/Grantee hereby modifies the interest rate on the Note and Deed of Trust/Mortgage to 4.375% per annum from the first day of APRIL 1, 2012. Interest on the modified principal balance will continue to accrue at the modified interest rate.
3. MODIFICATION OF MONTHLY PRINCIPAL AND INTEREST PAYMENT: The Mortgagee/Grantee hereby modifies the monthly payment due on the Note and Deed of Trust/Mortgage to TWO HUNDRED SIXTEEN DOLLARS & 62/100($216.62) effective with the MAY 1, 2012 payment. The Borrower(s)/Mortgagor(s)/Grantor(s) may pay any amount in addition to the monthly payment at any time without penalty.
4. MODIFICATION OF MATURITY DATE: The Mortgagee/Grantee hereby modifies the due date of the final monthly payment under the Note and Deed of Trust/Mortgage to the first day of APRIL 1, 2042.
REAL ESTATE MTG TAX 380
FACE INT 1593
PORTION INT 1593
BY Karen Austin
Loan Modification Agreement
Page 2 of 3
ROK Loan
FHA Case No.
5. PRINCIPAL AND INTEREST PAYMENTS: Borrower/Mortgor/Grantor, in consideration of the above modification, and other valuable consideration, the receipt of which is hereby acknowledged, shall pay the principal sum and other terms and provisions of the Note and Deed of Trust/Mortgage, except as modified herein.
6. BINDING EFFECT OF AGREEMENT: This agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective parties.
7. TERMS AND PROVISIONS: When the terms and provisions in the Note and Deed of Trust/Mortgage in any way conflict with the terms and provision herein, the terms provisions herein shall prevail and except as modified herein, the original Note and Deed of Trust/Mortgage is hereby ratified and confirmed. The failure or omission of either party to exercise, in one or more instances, any option given herein, or in the original Note and Deed of Trust/Mortgage, shall not be construed as a waiver or relinquishment of right to such option in the case of any other default, but the right to such further option shall remain in full force and effect.
[To be signed by all borrowers, endorsers, guarantors, sureties, and other parties signing the Note or Security Instrument]
TABITHA KAY ROGERS - Borrower -
STATE OF Oklahoma,
COUNTY OF Garfield, OK.
The foregoing instrument was acknowledged before me this 30th day of April 2012, 2012, by TABITHA KAY ROGERS.
Given under my hand and seal of office the day of and year last above written.
My commission expires 9-11-14 Notary Public
GLORIA MARQUES
Loan Modification Agreement
Page 3 of 3
BOKF Loan
FHA Case No.
CORPORATE ACKNOWLEDGEMENT
BOKF N.A., DBA Bank of Oklahoma, N.A.
Name: Tom Dorothy
Title: Vice President
Signature: Tom Dorothy
STATE OF OKLAHOMA
COUNTY OF TULSA
Before me, the undersigned, a Notary Public, in and for said County and State on this 4th day of May, 2012 personally appeared Tom Dorothy to me known to be the identified person who subscribed the name of the maker thereof to the foregoing as its Sr. Vice / Vice President and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed and as the free and voluntary act and deed of such corporation, for the uses and purposes therein set forth. GIVEN UNDER my hand and seal the day and year last above written.
My Commission Expires: 11/2/15
Notary Public (Darla Dale Bailey)
Darla Dale Bailey
Notary Public
State of Oklahoma
Commission #11099989
My Commission Expires Nov 2, 2015
REAL ESTATE MTG. TAX S
PAID 5/7/25 NO. 1311
By KMP
TREAS DEPUTY SEE AFF.
After Recording Return To:
RUTH RUHL, P.C.
Attn: Recording Department
12700 Park Central Drive, Suite 850
Dallas, Texas 75251
[Space Above This Line For Recording Data]
Loan No.:
Investor Loan No.:
FHA Case No.:
LOAN MODIFICATION AGREEMENT
(Providing for Fixed Interest Rate)
This Loan Modification Agreement ("Agreement"), made this 1st day of April, 2025, between TABITHA KAY BARNETT AKA TABITHA KAY ROGERS ("Borrower/Grantor") and BOKF, N.A., dba Bank of Oklahoma, whose address is 7060 S. Yale Avenue, Tulsa, Oklahoma 74136 ("Lender/Grantee"), amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated March 26th, 2010, recorded March 29th, 2010, and recorded in Book/Liber 1979, Page 938, Instrument No. 2010 2789, of the Official Records of GARFIELD County, Oklahoma, and (2) the Note, bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the "Property," located at 1609 W RANDOLPH AVE, ENID, Oklahoma 73703,
Loan No.:
the real property described being set forth as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument):
1. As of May 1st, 2025, the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $26,748.15, consisting of the unpaid amount(s) loaned to Borrower by Lender plus any interest and other amounts capitalized.
2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 7.125%, from April 1st, 2025. Borrower promises to make monthly payments of principal and interest of U.S. $168.66, beginning on the 1st day of May, 2025, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. The yearly rate of 7.125% will remain in effect until principal and interest are paid in full. If on April 1st, 2065, (the "Maturity Date"), Borrower still owes amounts under the Note and the Security Instrument, as amended by this Agreement, Borrower will pay these amounts in full on the Maturity Date.
3. If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by the Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower.
4. Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, including without limitation, the Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that Borrower is obligated to make under the Security Instrument; however, the following terms and provisions are forever canceled, null and void, as of the specified date in paragraph No. 1 above:
(a) all terms and provisions of the Note and Security Instrument (if any) providing for, implementing, or relating to, any change or adjustment in the rate of interest payable under the Note; and
Loan No.:
(b) all terms and provisions of any adjustable rate rider, or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a) above.
5. Borrower understands and agrees that:
(a) All the rights and remedies, stipulations, and conditions contained in the Security Instrument relating to default in the making of payments under the Security Instrument shall also apply to default in the making of the modified payments hereunder.
(b) All covenants, agreements, stipulations, and conditions in the Note and Security Instrument shall be and remain in full force and effect, except as herein modified, and none of the Borrower's obligations or liabilities under the Note and Security Instrument shall be diminished or released by any provisions hereof, nor shall this Agreement in any way impair, diminish, or affect any of Lender's rights under or remedies on the Note and Security Instrument, whether such rights or remedies arise thereunder or by operation of law. Also, all rights of recourse to which Lender is presently entitled against any property or any other persons in any way obligated for, or liable on, the Note and Security Instrument are expressly reserved by Lender.
(c) Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument.
(d) All costs and expenses incurred by Lender in connection with this Agreement, including recording fees, title examination, and attorney's fees, shall be paid by the Borrower and shall be secured by the Security Instrument, unless stipulated otherwise by Lender.
(e) Borrower agrees to make and execute such other documents or papers as may be necessary or required to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to the heirs, executors, administrators, and assigns of the Borrower.
(f) Borrower authorizes Lender, and Lender's successors and assigns, to share Borrower information including, but not limited to (i) name, address, and telephone number, (ii) Social Security Number, (iii) credit score, (iv) income, (v) payment history, (vi) account balances and activity, including information about any modification or foreclosure relief programs, with Third Parties that can assist Lender and Borrower in obtaining a foreclosure prevention alternative, or otherwise provide support services related to Borrower's loan. For purposes of this section, Third Parties include a counseling agency, state or local Housing Finance Agency or similar entity, any insurer, guarantor, or servicer that insures, guarantees, or services Borrower's loan or any other mortgage loan secured by the Property on which Borrower is obligated, or to any companies that perform support services to them in connection with Borrower's loan.
Borrower consents to being contacted by Lender or Third Parties concerning mortgage assistance relating to Borrower's loan including the trial period plan to modify Borrower's loan, at any telephone number, including mobile telephone number, or email address Borrower has provided to Lender or Third Parties.
By checking this box, Borrower also consents to being contacted by text messaging[].
6. If applicable, by this paragraph, Lender is notifying Borrower that any prior waiver by Lender of Borrower's obligations to pay to Lender Funds for any or all Escrow Items is hereby revoked, and Borrower has been advised of the amount needed to fully fund the Escrow Items.
7. Borrower will pay to Lender on the day payments are due under the Loan Documents as amended by this Agreement, until the Loan is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under the Loan Documents; (d) mortgage insurance premiums, if any, or any sums payable to Lender in lieu of the payment of mortgage insurance premiums in accordance with the Loan Documents; and (e) any community association dues, fees, and assessments that Lender requires to be escrowed. These items are called "Escrow Items." Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such
Loan No.:
time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in the Loan Documents, as the phrase "covenant and agreement" is used in the Loan Documents. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under the Loan Documents and this Agreement and pay such amount and Borrower shall then be obligated to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with the Loan Documents, and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this paragraph.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under the Real Estate Settlement Procedures Act ("RESPA"), and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an agreement is made in writing or applicable law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender and Borrower can agree in writing, however, that interest shall be paid on the Funds. Lender shall provide Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by the Loan Documents, Lender shall promptly refund Borrower any Funds held by Lender.
Loan No.:
__________________________
Date 4/21/2025
_________________________________ Tabitha Kay Barnett AKA Tabitha Kay Rogers (Seal)
Date
_________________________________ –Borrower
Date
_________________________________ (Seal)
Date –Borrower
_________________________________ (Seal)
Date –Borrower
_________________________________ (Seal)
Date –Borrower
BORROWER ACKNOWLEDGMENT
State of Arizona §§
County of Maricopa §§
On this 2 day of April , 2025, before me,
Kathryn Wojtkowski [name of notary], a Notary Public in and for said state,
personally appeared TABITHA KAY BARNETT AKA TABITHA KAY ROGERS
[name of person acknowledged], known to me to be the person who executed the within instrument, and
acknowledged to me that he/she/they executed the same for the purpose therein stated.
(Seal)
KATHRYN WOJTKOWSKI
Notary Public - State of Arizona
Maricopa County
Commission # 658909
My Commission Expires on Sep 5, 2027
Notary Signature
Kathryn Wojtkowski
Type or Print Name of Notary
Notary Public, State of Arizona
My Commission Expires: 9/5/2027
Completed via Remote Online Notarization using 2 way Audio/Video technology.
Loan No.:
BOKF, N.A., dba Bank of Oklahoma -Lender 4/8/2025 -Date
By: Maria Centeno
Printed Name: Maria Centeno
Its: Vice President
LENDER ACKNOWLEDGMENT
State of Ohio §§
County of Fairfield §§
On this 8 day of April ____________, 2025, before me,
Esther Rosa ____________________________ [name of notary], a Notary Public in and for said state,
personally appeared Maria Centeno, Vice President ____________________________
[name of officer or agent, title of officer or agent] of BOKF, N.A., dba Bank of Oklahoma
[name of entity]
known to me to be the person who executed the within instrument on behalf of said entity, and acknowledged to me that he/she/they executed the same for the purpose therein stated.
ESTHER ROSA
Notary Public
State of Ohio
My Comm. Expires October 16, 2027
[hand signed]
Notary Signature Esther Rosa
Type or Print Name of Notary
Notary Public, State of Ohio
My Commission Expires: 10/16/2027
DECLARATION OF AUTHENTICITY
STATE OF TEXAS §§
COUNTY OF DALLAS §§
The attached document, Loan Modification Agreement, dated 4-1-2025 and containing 8 pages, is a true and correct copy of an electronic record printed by me or under my supervision. At the time of printing, no security features present on the electronic record indicated any changes or errors in an electronic signature or other information in the electronic record after the electronic record’s creation or execution. This declaration is made under penalty of perjury.
Signed this 17 day of April, 2025.
Name: Megan Kirby
STATE OF TEXAS §§
COUNTY OF DALLAS §§
This instrument was acknowledged before me on the 17 day of April, 2025, by Megan Kirby.
MIRANDA LEMONS
My Notary ID #129178263
Expires October 25, 2028
Name: Miranda Lemons
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires: 10/25/2028
EXHIBIT “A”
LOT THREE (3), BLOCK THREE (3), WAVERLY'S THIRD ADDITION TO THE CITY OF ENID, GARFIELD COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.
Tax ID #: 4940-00-003-003-0-015-00
Loan No.:
EXHIBIT “B”
PRIOR LOAN MODIFICATION AGREEMENT
The Security Instrument was previously modified by a Loan Modification Agreement dated April 24th, 2012, recorded on May 16th, 2012, in Liber or Book 2086, Page 660, Instrument No. 2012 6802, of the Official Records of GARFIELD County/Parish, Oklahoma.
EXHIBIT “B”
REAL ESTATE MTG. TAX $8
RCT. 54e
PAID 10-14-25 NO Kristen King
By TREAS. DEPUTY see aff.
After Recording Return To:
RUTH RUHL, P.C.
Attn: Recording Department
12700 Park Central Drive, Suite 850
Dallas, Texas 75251
[Space Above This Line For Recording Data]
Loan No.:
Investor Loan No.: FHA Case No.:
LOAN MODIFICATION AGREEMENT
(Providing for Fixed Interest Rate)
This Loan Modification Agreement ("Agreement"), made this 28th day of August, 2025, between TABITHA KAY BARNETT AKA TABITHA KAY ROGERS ("Borrower/Grantor") and BOKF, N.A., dba Bank of Oklahoma, whose address is 7060 S. Yale Avenue, Tulsa, Oklahoma 74136 ("Lender/Grantee"), amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated March 26th, 2010, recorded March 29th, 2010, and recorded in Book/Liber 1979, Page 938, Instrument No. 2010 2789, of the Official Records of GARFIELD County, Oklahoma, and (2) the Note, bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the "Property," located at 1609 W RANDOLPH AVE, ENID, Oklahoma 73703,
Loan No.:
the real property described being set forth as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument):
1. As of October 1st, 2025, the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $29,167.46, consisting of the unpaid amount(s) loaned to Borrower by Lender plus any interest and other amounts capitalized.
2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 7.125%, from September 1st, 2025. Borrower promises to make monthly payments of principal and interest of U.S. $183.91, beginning on the 1st day of October, 2025, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. The yearly rate of 7.125% will remain in effect until principal and interest are paid in full. If on September 1st, 2065, (the "Maturity Date"), Borrower still owes amounts under the Note and the Security Instrument, as amended by this Agreement, Borrower will pay these amounts in full on the Maturity Date.
3. If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by the Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower.
4. Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, including without limitation, the Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that Borrower is obligated to make under the Security Instrument; however, the following terms and provisions are forever canceled, null and void, as of the specified date in paragraph No. 1 above:
(a) all terms and provisions of the Note and Security Instrument (if any) providing for, implementing, or relating to, any change or adjustment in the rate of interest payable under the Note; and
Loan No.:
(b) all terms and provisions of any adjustable rate rider, or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a) above.
5. Borrower understands and agrees that:
(a) All the rights and remedies, stipulations, and conditions contained in the Security Instrument relating to default in the making of payments under the Security Instrument shall also apply to default in the making of the modified payments hereunder.
(b) All covenants, agreements, stipulations, and conditions in the Note and Security Instrument shall be and remain in full force and effect, except as herein modified, and none of the Borrower’s obligations or liabilities under the Note and Security Instrument shall be diminished or released by any provisions hereof, nor shall this Agreement in any way impair, diminish, or affect any of Lender’s rights under or remedies on the Note and Security Instrument, whether such rights or remedies arise thereunder or by operation of law. Also, all rights of recourse to which Lender is presently entitled against any property or any other persons in any way obligated for, or liable on, the Note and Security Instrument are expressly reserved by Lender.
(c) Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument.
(d) All costs and expenses incurred by Lender in connection with this Agreement, including recording fees, title examination, and attorney’s fees, shall be paid by the Borrower and shall be secured by the Security Instrument, unless stipulated otherwise by Lender.
(e) Borrower agrees to make and execute such other documents or papers as may be necessary or required to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to the heirs, executors, administrators, and assigns of the Borrower.
(f) Borrower authorizes Lender, and Lender’s successors and assigns, to share Borrower information including, but not limited to (i) name, address, and telephone number, (ii) Social Security Number, (iii) credit score, (iv) income, (v) payment history, (vi) account balances and activity, including information about any modification or foreclosure relief programs, with Third Parties that can assist Lender and Borrower in obtaining a foreclosure prevention alternative, or otherwise provide support services related to Borrower’s loan. For purposes of this section, Third Parties include a counseling agency, state or local Housing Finance Agency or similar entity, any insurer, guarantor, or servicer that insures, guarantees, or services Borrower’s loan or any other mortgage loan secured by the Property on which Borrower is obligated, or to any companies that perform support services to them in connection with Borrower’s loan.
Borrower consents to being contacted by Lender or Third Parties concerning mortgage assistance relating to Borrower’s loan including the trial period plan to modify Borrower’s loan, at any telephone number, including mobile telephone number, or email address Borrower has provided to Lender or Third Parties.
By checking this box, Borrower also consents to being contacted by text messaging[ ].
6. If applicable, by this paragraph, Lender is notifying Borrower that any prior waiver by Lender of Borrower’s obligations to pay to Lender Funds for any or all Escrow Items is hereby revoked, and Borrower has been advised of the amount needed to fully fund the Escrow Items.
7. Borrower will pay to Lender on the day payments are due under the Loan Documents as amended by this Agreement, until the Loan is paid in full, a sum (the “Funds”) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under the Loan Documents; (d) mortgage insurance premiums, if any, or any sums payable to Lender in lieu of the payment of mortgage insurance premiums in accordance with the Loan Documents; and (e) any community association dues, fees, and assessments that Lender requires to be escrowed. These items are called “Escrow Items.” Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower’s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower’s obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such
Loan No.:
time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in the Loan Documents, as the phrase "covenant and agreement" is used in the Loan Documents. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under the Loan Documents and this Agreement and pay such amount and Borrower shall then be obligated to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with the Loan Documents, and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this paragraph.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under the Real Estate Settlement Procedures Act ("RESPA"), and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an agreement is made in writing or applicable law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender and Borrower can agree in writing, however, that interest shall be paid on the Funds. Lender shall provide Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by the Loan Documents, Lender shall promptly refund Borrower any Funds held by Lender.
Loan No.:
9/3/2025 Tabitha Kay Barnett AKA Tabitha Kay Rogers (Seal)
Date TABITHA KAY BARNETT AKA TABITHA KAY ROGERS
Date Borrower
Date (Seal) Borrower
Date (Seal) Borrower
Date (Seal) Borrower
BORROWER ACKNOWLEDGMENT
State of Virginia $
County of Botetourt $
On this 3 day of September, 2025, before me,
___________________________ [name of notary], a Notary Public in and for said state, personally appeared TABITHA KAY BARNETT AKA TABITHA KAY ROGERS
[name of person acknowledged], known to me to be the person who executed the within instrument, and acknowledged to me that he/she/they executed the same for the purpose therein stated.
WENDY LOIS NELSON
Electronic Notary Public
Commonwealth of Virginia
Registration No. 328033
My Commission Expires Dec 31, 2027
Notary Signature
Wendy Lois Nelson
Type or Print Name of Notary
Notary Public, State of Virginia
My Commission Expires: 12/31/2027
My Commission Number is: 328033
Completed via Remote Online Notarization using 2 way Audio/Video technology.
Loan No.:
BOKF, N.A., dba Bank of Oklahoma
-Lender
9/9/2025 -Date
By: Maria Centeno
Printed Name: Maria Centeno
Its: Vice President
LENDER ACKNOWLEDGMENT
State of XXXXX Ohio ER
County of Fairfield $ ER
On this 9 day of September, 2025, before me, Esther Rosa [name of notary], a Notary Public in and for said state, personally appeared Maria Centeno, Vice President [name of officer or agent, title of officer or agent] of BOKF, N.A., dba Bank of Oklahoma [name of entity] known to me to be the person who executed the within instrument on behalf of said entity, and acknowledged to me that he/she/they executed the same for the purpose therein stated.
(SEAL)
ESTHER ROSA
Notary Public
State of Ohio
My Comm. Expires October 16, 2027
Notary Signature
Esther Rosa
Type or Print Name of Notary
Notary Public, State of Ohio
My Commission Expires: 10/16/2027
Completed via Remote Online Notarization using 2 way Audio/Video technology.
ACKNOWLEDGMENT (MULTISTATE)
EXHIBIT "A"
LOT THREE (3), BLOCK THREE (3), WAVERLY'S THIRD ADDITION TO THE CITY OF ENID, GARFIELD COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.
Tax ID #: 4940-00-003-003-0-015-00
Loan No.: ----
EXHIBIT "B"
PRIOR LOAN MODIFICATION AGREEMENT
The Security Instrument was previously modified by a Loan Modification Agreement dated April 1st, 2025, recorded on May 7th, 2025, in Liber or Book 2707, Page 872, Instrument No. N/A, of the Official Records of GARFIELD County/Parish, Oklahoma.
EXHIBIT "B"