IN THE DISTRICT COURT OF BEAVER COUNTY
STATE OF OKLAHOMA
First Security Bank,
Plaintiff,
vs.
Chad Bransgrove, an individual;
Chad Eugene Bransgrove, Successor Trustee of the Robert Eugene Bransgrove Revocable Trust, dated March 10, 2014, being the successor by amendment to the Bransgrove Family Trust, dated May 1, 1997; Occupants(s) of the Premises; Shelly Thomas, Beaver County Treasurer; and Aimee Midkiff, Texas County Treasurer,
Defendants.
Case No. CJ-2025-20
PETITION
COMES NOW the Plaintiff, First Security Bank (hereafter, "Plaintiff") and for its causes of action against the above Defendants, alleges and states as follows:
PARTIES, JURISDICTION AND VENUE
1. That the Plaintiff is a national banking association that is doing business in Beaver County, State of Oklahoma.
2. That Chad Bransgrove, individually ("Bransgrove"), is single man who resides in Texas County, and owns real property located in Texas County, State of Oklahoma, which is a portion of the subject of these proceedings.
3. That the Bransgrove Family Trust, which is sometimes referred to as the Robert Eugene Bransgrove Family Trust or the Robert E. Bransgrove Family Trust was created on May 1, 1997.
4. That Robert Eugene Bransgrove, a/k/a Robert E. Bransgrove, was the initial trustee of the Bransgrove Family Trust; however, he is deceased, having died on August 20, 2015.
5. That prior to his death, the Bransgrove Family Trust was amended and became the Robert Eugene Bransgrove Revocable Trust, dated March 10, 2014 (hereinafter, the "Trust").
6. That pursuant to the terms of the Trust, upon the death of Robert Eugene Bransgrove, a/k/a Robert E. Bransgrove, then Cindy Wynell Bransgrove succeeded to the office of successor trustee of the Trust; however, she is deceased, having died on June 15, 2023.
7. That pursuant to the terms of the Trust, upon the death of Cindy Wynell Bransgrove, then Chad Eugene Bransgrove succeeded to the office of successor trustee of the Trust, and is the current, acting successor trustee of the Trust.
8. That the Trust owns real and personal property located in Beaver and Texas Counties, State of Oklahoma, which are the subject of these proceedings.
9. That the debt which is the subject of these proceedings was all contracted in Beaver County, State of Oklahoma, and therefore, venue is proper in the District Court of Beaver County, State of Oklahoma, pursuant to 12 Okla. Stat. § 142, and this Court therefore has jurisdiction over the parties.
FIRST CAUSE OF ACTION
(Breach of Promissory Note 62999 against the Trust)
10. That Plaintiff incorporates all allegations previously set forth in this Petition, as if fully set forth herein, and, in addition thereto, further alleges and states as follows, to-wit:
11. That on September 24, 2009, the Trust executed and delivered that certain promissory note, attached hereto as Exhibit "A", in favor of Plaintiff, in the face amount of $782,000.00 with interest thereon at a variable rate with the initial rate being 6.0% per annum, as well as fees and charges accruing pursuant to said promissory note until paid (hereafter, "Note 62999").
12. That Plaintiff is the owner and holder of Note 62999.
13. That the Trust is in default on Note 62999 as the result of the Trust's failure to comply with the terms thereof, and there is due and owing to Plaintiff the sum of $518,689.85 as of September 3, 2025, together with interest continuing to accrue thereafter at the default rate of 18.0% per annum, until paid, together with such other fees and charges as are applicable pursuant to said Note 62999, including, but not limited to, abstracting/title expense, advances for taxes and insurance, expenses incurred in securing, maintaining, and preserving the property during the pendency of this action, costs and a reasonably attorneys' fee.
WHEREFORE, Plaintiff respectfully requests that judgment be entered in its favor and against the Trust, in the sum of $518,689.85 as of September 3, 2025, together with interest continuing to accrue thereafter at the default rate of 18.0% per annum, until paid, together with such other fees and charges as are applicable pursuant to said Note 62999, including, but not limited to, abstracting/title expense, advances for taxes and insurance, expenses incurred in securing, maintaining, and preserving the property during the pendency of this action, costs and a reasonably attorneys' fee.
SECOND CAUSE OF ACTION
(Breach of Promissory Note 70628-40 against the Trust)
14. That Plaintiff incorporates all allegations previously set forth in this Petition, as if fully set forth herein, and, in addition thereto, further alleges and states as follows, to-wit:
15. That on May 18, 2022, the Trust executed and delivered that certain promissory note, attached hereto as Exhibit “B”, in favor of Plaintiff, in the face amount of $422,322.60 with interest thereon at a variable rate with the initial rate being 5.00% per annum, as well as fees and charges accruing pursuant to said promissory note until paid (hereafter, “Note 70628-40”).
16. That Plaintiff is the owner and holder of Note 70628-40.
17. That the Trust is in default on Note 70628-40 as the result of the Trust’s failure to comply with the terms thereof, and there is due and owing to Plaintiff the sum of $421,272.94 as of September 3, 2025, together with interest continuing to accrue thereafter at the default rate of 21.0% per annum, until paid, together with such other fees and charges as are applicable pursuant to said Note 70628-40, including, but not limited to, abstracting/title expense, advances for taxes and insurance, expenses incurred in securing, maintaining, and preserving the property during the pendency of this action, costs and a reasonably attorneys’ fee.
WHEREFORE, Plaintiff respectfully requests that judgment be entered in its favor and against the Trust, in the sum of $421,272.94 as of September 3, 2025, together with interest continuing to accrue thereafter at the default rate of 21.0% per annum, until paid, together with such other fees and charges as are applicable pursuant to said Note 70628-40, including, but not limited to, abstracting/title expense, advances for taxes and insurance, expenses incurred in securing, maintaining, and preserving the property during the pendency of this action, costs and a reasonably attorneys’ fee.
THIRD CAUSE OF ACTION
(Mortgage Foreclosure – Promissory Notes 62999 & 70628-40 against the Trust – Texas County)
18. That Plaintiff incorporates all allegations previously set forth in this Petition, as if fully set forth herein, and, in addition thereto, further alleges and states as follows, to-wit:
19. That the indebtedness represented by Note 62999 and Note 70628-40 is secured in part by that certain Real Estate Mortgage with Power of Sale (hereafter “Mortgage One”) recorded on October 2, 2009, in Book 1203 Misc., Pages 289-290 of the records of the Texas County Clerk, a copy of which is attached hereto as Exhibit “C”; and that Mortgage One is a good and valid first mortgage on the real estate situated in Texas County, Oklahoma, to-wit:
The West Half (W/2) of Section Thirty-six (36), Township One (1) North, Range Nineteen (19) E.C.M., Texas County, Oklahoma;
That part of the Southeast Quarter (SE/4) of Section Twenty-three (23), Township One (1) North, Range Twelve (12) E.C.M., Texas County, Oklahoma, lying South of U.S. Highway 54;
That part of Section Twenty-four (24), Township One (1) North, Range Twelve (12) E.C.M., Texas County, Oklahoma, lying South of U.S. Highway 54; LESS and EXCEPT a 34.85 acre tract, more particularly described as follows:
Starting at the SW Corner of Section 24, Township 1 North, Range 12 ECM, thence N89°57'30"E a distance of 1627.40 feet to the point of beginning for this survey; thence continue N89°57'30"E a distance of 387.77 feet to a point; thence N1°28'40"E a distance of 107.68 feet to a point; thence N89°54'40"E a distance of 640.41 feet to a point; thence North a distance of 609.97 feet to a point; thence S80°34'40"W a distance of 24.95 feet to a point; thence N0°05'11"W a distance of 849.53 feet to a point; thence N89°53'22"W a distance of 999.42 feet to a point; thence S0°12'24"W a distance of 1566.27 feet to the point of beginning, and containing 34.85 acres, more or less;
The West Half (W/2) and the North Half of the Northeast Quarter (N/2 NE/4) of Section Twenty-five (25), Township One (1) North, Range Twelve (12) E.C.M., Texas County, Oklahoma;
The Southeast Quarter (SE/4) of Section Twenty-four (24), Township One (1) North, Range Nineteen (19) E.C.M., Texas County, Oklahoma;
(collectively, hereafter, “Tract One”);
with the required mortgage tax paid thereon by the mortgagee; receipted as shown by endorsement on said Mortgage One, and same is made a part hereof by reference.
20. That according to Mortgage One, upon default, Plaintiff is given the right to foreclose its Mortgage via judicial proceeding and collect all costs and expenses incurred in pursuing such remedies.
21. That Mortgage One is in default as a result of the Trust’s failure to comply with the terms of Note 62999, Note 70628-40 , and Mortgage One; and that, therefore, Plaintiff is entitled to foreclose said Mortgage One against Tract One.
22. That Plaintiff has the right to elect whether or not to foreclose Tract One with appraisement, and Plaintiff herewith elects to have said property sold with appraisement.
23. That the Trust may claim an interest in the Tract One; however, any interest claimed by said Defendant is subject and inferior to Plaintiff’s Mortgage One.
24. The Defendant(s), Occupant(s) of the Premises, may claim an interest in the SE/4 of §24-T1N-R19ECM, Texas County, Oklahoma, by virtue of occupancy of the same, or otherwise; however, any interest claimed by said Defendant(s) is junior, inferior, and subject to Mortgage One.
25. That the Defendant, Aimee Midkiff, Texas County Treasurer, may claim some right, title or interest in and to Tract One of this action by reason of any unpaid ad valorem taxes.
26. The interests of all Defendants are subject and inferior to Plaintiff's Mortgage One, and all persons, firms, and organizations having claims against the Tract One hold same subject and inferior to Plaintiff's Mortgage One thereon.
WHEREFORE, Plaintiff respectfully requests judgment of foreclosure against all Defendants, decreeing its Mortgage One to be a valid first lien on Tract One, in the amount owed Plaintiff set forth above (subject only to unpaid real estate ad valorem taxes); that the said Mortgage One be foreclosed, and that Tract One be sold with appraisement at sheriff's sale, and the proceeds applied first to the cost of sale, then to Plaintiff's money judgment, with the surplus, if any, paid into Court for distribution in accordance with further order of the Court; that Plaintiff prays for judgment determining the right, title, lien and/or interest of all and each of the Defendants, and any person claiming by or through said Defendants or any of them, in or to Tract One and improvements thereon, to be subject, junior and inferior to Plaintiff's Mortgage One, with the exception of liens for unpaid real estate ad valorem taxes; and that all Defendants, and each of them and all those claiming by, through, or under them, be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to the Tract One and improvements thereon, more particularly described above, or any party thereof; and that Plaintiff recover such additional relief as this Court deems equitable.
FOURTH CAUSE OF ACTION
(Mortgage Foreclosure – Promissory Note 62999 & 70628-40 against the Trust – Beaver County)
27. That Plaintiff incorporates all allegations previously set forth in this Petition, as if fully set forth herein, and, in addition thereto, further alleges and states as follows, to-wit:
28. That the indebtedness represented by Note 62999 and Note 70628-40 is secured in part by that certain Real Estate Mortgage with Power of Sale (hereafter “Mortgage Two”) recorded on October 2, 2009, in Book 1215 Misc., Pages 624-626 of the records of the Beaver County Clerk, a copy of which is attached hereto as Exhibit “D”; and that Mortgage Two is a good and valid first mortgage on the real estate situated in Beaver County, Oklahoma, to-wit:
The South Half (S/2) of Section Thirty-one (31), Township Two (2) North, Range Twenty-five (25) E.C.M., and the Northwest Quarter (NW/4) and the West Half of the Southwest Quarter (W/2 SW/4) of Section Twelve (12), all in Township One (1) North, Range Twenty-four (24) E.C.M. Beaver County, Oklahoma;
The Southeast Quarter (SE/4) of Section Nineteen (19), Township One (1) North, Range Twenty (20) E.C.M., Beaver County, Oklahoma;
The Southwest Quarter (SW/4) and the West Half of the Northwest Quarter (W/2 NW/4) of Section Twenty (20), Township Two (2) North, Range Twenty-five (25) E.C.M., Beaver County, Oklahoma; LESS and EXCEPT the following described tracts:
A tract of land situated in the East Half of the Southwest Quarter (E/2 SW/4) of said Section 20-2N-25ECM more particularly described as follows: Beginning at a point on the East boundary of the E/2 SW/4 a distance of 1320.00 feet North (N00 °15'21"W) of the Southeast corner of the E/2 SW/4 of said Section 20; thence continuing North (N00 °15'21"W) a distance of 1327.59 feet to the Northeast corner of said E/2 SW/4; thence West (S89 °43'21"W) along the North boundary of said E/2 SW/4 a distance of 330.00 feet; thence South (S00 °15'21"E) a distance of 1327.89 feet; thence East (N89 °40'13"E) a distance of 330.00 feet to the point of beginning, said tract containing 10.0586 acres, more or less;
The East Half of the East Half of the Southeast Quarter of the Southwest Quarter (E/2 E/2 SE/4 SW/4) of Section 20-2N-25ECM;
Beginning at a point on the present North right-of-way line of State Highway No. 3, a distance of 329.91 feet Westerly of the point where said right-of-way line intersects the East line of said SW/4; thence Westerly along said right-of-way line a distance of 1547.09 feet to a jog in said right-of-way line; thence Northerly along said jog a distance of 60.00 feet; thence N89 °53'00"E a distance of 955.00 feet; thence S86 °18'09"E a distance of 300.67 feet; thence N89 °53'00"E a distance of 100.00 feet; thence S78 °48'24"E a distance of 101.98 feet; thence N89 °53'00"E a distance of 92.09 feet to a point 329.91 feet West of the East line of said SW/4; thence South on a line parallel to and 329.91 feet West of said East line a distance of 20.00 feet to the point of beginning; and
Beginning at a point on the present North right-of-way line of State Highway No. 3, a distance of 50.00 feet North of the South line and 33.00 feet East of the West line of said SW/4; thence Easterly along said right-of-way line a distance of 584.30 feet to a jog in said right-of-way line; thence Northerly along said jog a distance of 70.00 feet; thence S89 °53'00"W a distance of 584.30 feet to a point 33.00 feet East of the West line of said SW/4; thence South on a line parallel to and 33.00 feet East of said West line a distance of 70.00 feet to the point of beginning;
(collectively, hereafter, "Tract Two");
with the required mortgage tax paid thereon by the mortgagee; receipted as shown by endorsement on said Mortgage Two, and same is made a part hereof by reference.
29. That according to Mortgage Two, upon default, Plaintiff is given the right to foreclose its Mortgage via judicial proceeding and collect all costs and expenses incurred in pursuing such remedies.
30. That Mortgage Two is in default as a result of the Trust's failure to comply with the terms of Note 62999, Note 70628-40, and Mortgage Two; and that, therefore, Plaintiff is entitled to foreclose said Mortgage Two against Tract Two.
31. That Plaintiff has the right to elect whether or not to foreclose Tract Two with appraisement, and Plaintiff herewith elects to have said property sold with appraisement.
32. That the Trust may claim an interest in the Tract Two; however, any interest claimed by said Defendant is subject and inferior to Plaintiff's Mortgage Two.
33. That the Defendant, Shelly Thomas, Beaver County Treasurer, may claim some right, title or interest in and to Tract Two of this action by reason of any unpaid ad valorem taxes.
34. The interests of all Defendants are subject and inferior to Plaintiff's Mortgage Two, and all persons, firms, and organizations having claims against the Tract Two hold same subject and inferior to Plaintiff's Mortgage Two thereon.
WHEREFORE, Plaintiff respectfully requests judgment of foreclosure against all Defendants, decreeing its Mortgage Two to be a valid first lien on Tract Two, in the amount owed Plaintiff set forth above (subject only to unpaid real estate ad valorem taxes); that the said Mortgage Two be foreclosed, and that Tract Two be sold with appraisement at sheriff's sale, and the proceeds applied first to the cost of sale, then to Plaintiff's money judgment, with the surplus, if any, paid into Court for distribution in accordance with further order of the Court; that Plaintiff prays for judgment determining the right, title, lien and/or interest of all and each of the Defendants, and any person claiming by or through said Defendants or any of them, in or to Tract Two and improvements thereon, to be subject, junior and inferior to Plaintiff's Mortgage Two, with the exception of liens for unpaid real estate ad valorem taxes; and that all Defendants, and each of them and all those claiming by, through, or under them, be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to the Tract Two and improvements thereon, more particularly described above, or any party thereof; and that Plaintiff recover such additional relief as this Court deems equitable.
FIFTH CAUSE OF ACTION
(Mortgage Foreclosure – Promissory Note 70628-40 against the Trust – Texas Co.)
35. That Plaintiff incorporates all allegations previously set forth in this Petition, as if fully set forth herein, and, in addition thereto, further alleges and states as follows, to-wit:
36. That the indebtedness represented by Note 70628-40 is secured in part by that certain Mortgage (hereafter “Mortgage Three”) recorded on May 19, 2022, in Book 1465 Misc., Pages 421-432 of the records of the Texas County Clerk, a copy of which is attached hereto as Exhibit “E”; and that Mortgage Three is a good and valid first mortgage on the real estate situated in Texas County, Oklahoma, to-wit:
The North Half (N/2) and the Southeast Quarter (SE/4) of Section Nine (9), and the Northeast Quarter (NE/4) of Section Sixteen, all in Township Two (2) North, Range Eleven (11) E.C.M., Texas County, Oklahoma;
(hereafter, “Tract Three”);
with the required mortgage tax paid thereon by the mortgagee; receipted as shown by endorsement on said Mortgage Three, and same is made a part hereof by reference.
37. That according to Mortgage Three, upon default, Plaintiff is given the right to foreclose its Mortgage via judicial proceeding and collect all costs and expenses incurred in pursuing such remedies.
38. That Mortgage Three is in default as a result of the Trust’s failure to comply with the terms of Note 70628-40 and Mortgage Three; and that, therefore, Plaintiff is entitled to foreclose said Mortgage Three against Tract Three.
39. That Plaintiff has the right to elect whether or not to foreclose Tract Three with appraisement, and Plaintiff herewith elects to have said property sold with appraisement.
40. That the Trust may claim an interest in the Tract Three; however, any interest claimed by said Defendant is subject and inferior to Plaintiff’s Mortgage Three.
41. That the Defendant, Aimee Midkiff, Texas County Treasurer, may claim some right, title or interest in and to Tract Three of this action by reason of any unpaid ad valorem taxes.
42. The interests of all Defendants are subject and inferior to Plaintiff’s Mortgage Three, and all persons, firms, and organizations having claims against Tract Three hold same subject and inferior to Plaintiff’s Mortgage Three thereon.
WHEREFORE, Plaintiff respectfully requests judgment of foreclosure against all Defendants, decreeing its Mortgage Three to be a valid first lien on Tract Three, in the amount owed Plaintiff set forth above (subject only to unpaid real estate ad valorem taxes); that the said Mortgage Three be foreclosed, and that Tract Three be sold with appraisement at sheriff’s sale, and the proceeds applied first to the cost of sale, then to Plaintiff’s money judgment, with the surplus, if any, paid into Court for distribution in accordance with further order of the Court; that Plaintiff prays for judgment determining the right, title, lien and/or interest of all and each of the Defendants, and any person claiming by or through said Defendants or any of them, in or to Tract Three and improvements thereon, to be subject, junior and inferior to Plaintiff’s Mortgage Three,
with the exception of liens for unpaid real estate ad valorem taxes; and that all Defendants, and each of them and all those claiming by, through, or under them, be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to the Tract Three and improvements thereon, more particularly described above, or any party thereof; and that Plaintiff recover such additional relief as this Court deems equitable.
SIXTH CAUSE OF ACTION
(Breach of Promissory Note 64178 - against the Trust)
43. That Plaintiff incorporates all allegations previously set forth in this Petition, as if fully set forth herein, and, in addition thereto, further alleges and states as follows, to-wit:
44. That on May 9, 2011, the Trust executed and delivered that certain promissory note, attached hereto as Exhibit “F,” in favor of Plaintiff, in the face amount of $38,725.00 with interest thereon at a variable rate with the initial rate being 6.0% per annum, as well as fees and charges accruing pursuant to said promissory note until paid (hereafter, “Note 64178”).
45. That Plaintiff is the owner and holder of Note 64178.
46. That the Trust is in default on Note 64178 as the result of Trust’s failure to comply with the terms thereof, and there is due and owing to Plaintiff the sum of $14,049.38 as of September 3, 2025, together with interest continuing to accrue thereafter at the default rate of 21.0% per annum, until paid, together with such other fees and charges as are applicable pursuant to said Note 64178, including, but not limited to, abstracting/title expense, advances for taxes and insurance, expenses incurred in securing, maintaining, and preserving the property during the pendency of this action, costs and a reasonably attorneys’ fee.
WHEREFORE, Plaintiff respectfully requests that judgment be entered in its favor and against the Trust, in the sum of $14,049.38 as of September 3, 2025, together with interest continuing to accrue thereafter at the default rate of 21.0% per annum, until paid, together with such other fees and charges as are applicable pursuant to said Note 64178, including, but not limited to, abstracting/title expense, advances for taxes and insurance, expenses incurred in securing, maintaining, and preserving the property during the pendency of this action, costs and a reasonably attorneys’ fee.
SEVENTH CAUSE OF ACTION
(Mortgage Foreclosure – Promissory Note 64178 against the Trust – Beaver Co.)
47. That Plaintiff incorporates all allegations previously set forth in this Petition, as if fully set forth herein, and, in addition thereto, further alleges and states as follows, to-wit:
48. That the indebtedness represented by Note 64178 is secured by that certain Real Estate Mortgage with Power of Sale (hereafter “Mortgage Four”) recorded on May 12, 2011, in Book 1246 Misc., Pages 317-318 of the records of the Beaver County Clerk, a copy of which is attached hereto as Exhibit “G”; and that Mortgage Four is a good and valid first mortgage on the real estate situated in Beaver County, Oklahoma, to-wit:
An undivided five-twelfths (5/12) interest of the surface rights of the West Half (W/2) of Section Two (2), Township One (1) North, Range Twenty (20) E.C.M., Beaver County, Oklahoma, together with an undivided five-twelfths of five-sixths (5/12 of 5/6) interest in and to all oil, gas, and other minerals in, under or that may be produced from the above described real estate.
(hereafter, "Tract Four");
with the required mortgage tax paid thereon by the mortgagee; receipted as shown by endorsement on said Mortgage Four, and same is made a part hereof by reference.
49. That according to Mortgage Four, upon default, Plaintiff is given the right to foreclose its Mortgage via judicial proceeding and collect all costs and expenses incurred in pursuing such remedies.
50. That Mortgage Four is in default as a result of the Trust's failure to comply with the terms of Note 64178 and Mortgage Four; and that, therefore, Plaintiff is entitled to foreclose said Mortgage Four against Tract Four.
51. That Plaintiff has the right to elect whether or not to foreclose Tract Four with appraisement, and Plaintiff herewith elects to have said property sold with appraisement.
52. That the Trust may claim an interest in Tract Four; however, any interest claimed by said Defendant is subject and inferior to Plaintiff's Mortgage Four.
53. That the Defendant, Shelly Thomas, Beaver County Treasurer, may claim some right, title or interest in and to Tract Four of this action by reason of any unpaid ad valorem taxes.
54. The interests of all Defendants are subject and inferior to Plaintiff's Mortgage Four, and all persons, firms, and organizations having claims against Tract Four hold same subject and inferior to Plaintiff's Mortgage Four thereon.
WHEREFORE, Plaintiff respectfully requests judgment of foreclosure against all Defendants, decreeing its Mortgage Four to be a valid first lien on Tract Four, in the amount owed Plaintiff set forth above (subject only to unpaid real estate ad valorem taxes); that the said Mortgage Four be foreclosed, and that Tract Four be sold with appraisement at sheriff's sale, and the proceeds applied first to the cost of sale, then to Plaintiff's money judgment, with the surplus, if any, paid into Court for distribution in accordance with further order of the Court; that Plaintiff prays for judgment determining the right, title, lien and/or interest of all and each of the Defendants, and any person claiming by or through said Defendants or any of them, in or to Tract Four and improvements thereon, to be subject, junior and inferior to Plaintiff's Mortgage Four, with the exception of liens for unpaid real estate ad valorem taxes; and that all Defendants, and each of them and all those claiming by, through, or under them, be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to
the Tract Three and improvements thereon, more particularly described above, or any party thereof; and that Plaintiff recover such additional relief as this Court deems equitable.
EIGHTH CAUSE OF ACTION
(Breach of Promissory Note 65837- against the Trust)
55. That Plaintiff incorporates all allegations previously set forth in this Petition, as if fully set forth herein, and, in addition thereto, further alleges and states as follows, to-wit:
56. That on April 25, 2014, the Trust executed and delivered that certain promissory note, attached hereto as Exhibit "H", in favor of Plaintiff, in the face amount of $91,000.00 with interest thereon at a variable rate with the initial rate being 4.25% per annum, as well as fees and charges accruing pursuant to said promissory note until paid (hereafter, "Note 65837").
57. That Plaintiff is the owner and holder of Note 65837.
58. That the Trust is in default on Note 65837 as the result of the Trust’s failure to comply with the terms thereof, and there is due and owing to Plaintiff the sum of $47,306.35 as of September 3, 2025, together with interest continuing to accrue thereafter at the default rate of 21.0% per annum, until paid, together with such other fees and charges as are applicable pursuant to said Note 65837, including, but not limited to, abstracting/title expense, advances for taxes and insurance, expenses incurred in securing, maintaining, and preserving the property during the pendency of this action, costs and a reasonably attorneys’ fee.
WHEREFORE, Plaintiff respectfully requests that judgment be entered in its favor and against the Trust, in the sum of $47,306.35 as of September 3, 2025, together with interest continuing to accrue thereafter at the default rate of 21.0% per annum, until paid, together with such other fees and charges as are applicable pursuant to said Note 65837, including, but not limited to, abstracting/title expense, advances for taxes and insurance, expenses incurred in securing, maintaining, and preserving the property during the pendency of this action, costs and a reasonably attorneys’ fee.
NINTH CAUSE OF ACTION
(Mortgage Foreclosure – Promissory Note 65837 against the Trust – Beaver Co.)
59. That Plaintiff incorporates all allegations previously set forth in this Petition, as if fully set forth herein, and, in addition thereto, further alleges and states as follows, to-wit:
60. That the indebtedness represented by Note 65837 is secured by that certain Real Estate Mortgage with Power of Sale (hereafter “Mortgage Five”) recorded on April 28, 2014, in Book 1312 Misc., Pages 509-510 of the records of the Beaver County Clerk, a copy of which is attached hereto as Exhibit “I”; and that Mortgage Five is a good and valid first mortgage on the real estate situated in Beaver County, Oklahoma, to-wit:
The East Half (E/2) of Section Thirty-three (33), Township One (1) North, Range Twenty (20) E.C.M., Beaver County, Oklahoma, including an undivided one-fourth
(1/4) mineral interest and Lot One (1) of Section Four (4), Township One (1) South, Range Twenty (20) E.C.M., Beaver County, Oklahoma;
(hereafter, "Tract Five");
with the required mortgage tax paid thereon by the mortgagee; receipted as shown by endorsement on said Mortgage Five, and same is made a part hereof by reference.
61. That according to Mortgage Five, upon default, Plaintiff is given the right to foreclose its Mortgage via judicial proceeding and collect all costs and expenses incurred in pursuing such remedies.
62. That Mortgage Five is in default as a result of the Trust’s failure to comply with the terms of Note 65837 and Mortgage Five; and that, therefore, Plaintiff is entitled to foreclose said Mortgage Five against Tract Five.
63. That Plaintiff has the right to elect whether or not to foreclose Tract Five with appraisement, and Plaintiff herewith elects to have said property sold with appraisement.
64. That the Trust may claim an interest in the Tract Five; however, any interest claimed by said Defendant is subject and inferior to Plaintiff’s Mortgage Five.
65. That to the extent that the Robert Eugene Bransgrove Family Trust dated May 1, 1997, is still in record title for Lot One (1) of Section Four (4), Township One (1) South, Range Twenty (20) E.C.M., Beaver County, Oklahoma, it has become one and the same as the Trust by amendment.
66. That the Defendant, Shelly Thomas, Beaver County Treasurer, may claim some right, title or interest in and to Tract Five of this action by reason of any unpaid ad valorem taxes.
67. The interests of all Defendants are subject and inferior to Plaintiff’s Mortgage Five, and all persons, firms, and organizations having claims against Tract Five hold same subject and inferior to Plaintiff’s Mortgage Five thereon.
WHEREFORE, Plaintiff respectfully requests judgment of foreclosure against all Defendants, decreeing its Mortgage Five to be a valid first lien on Tract Five, in the amount owed Plaintiff set forth above (subject only to unpaid real estate ad valorem taxes); that the said Mortgage Five be foreclosed, and that Tract Five be sold with appraisement at sheriff’s sale, and the proceeds applied first to the cost of sale, then to Plaintiff’s money judgment, with the surplus, if any, paid into Court for distribution in accordance with further order of the Court; that Plaintiff prays for judgment determining the right, title, lien and/or interest of all and each of the Defendants, and any person claiming by or through said Defendants or any of them, in or to Tract Five and improvements thereon, to be subject, junior and inferior to Plaintiff’s Mortgage Five, with the exception of liens for unpaid real estate ad valorem taxes; and that all Defendants, and each of them and all those claiming by, through, or under them, be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to
the Tract Five and improvements thereon, more particularly described above, or any party thereof; and that Plaintiff recover such additional relief as this Court deems equitable.
TENTH CAUSE OF ACTION
(Breach of Promissory Note 66565 against Bransgrove)
68. That Plaintiff incorporates all allegations previously set forth in this Petition, as if fully set forth herein, and, in addition thereto, further alleges and states as follows, to-wit:
69. That on July 17, 2015, Bransgrove executed and delivered that certain promissory note, attached hereto as Exhibit "J", in favor of Plaintiff, in the face amount of $79,516.95 with interest thereon at a variable rate with the initial rate being 5.00% per annum, as well as fees and charges accruing pursuant to said promissory note until paid (hereafter, "Note 66565").
70. That Plaintiff is the owner and holder of Note 66565.
71. That Bransgrove is in default on Note 66565 as the result of Bransgrove’s failure to comply with the terms thereof, and there is due and owing to Plaintiff the sum of $45,462.82 as of September 3, 2025, together with interest continuing to accrue thereafter at the default rate of 21.0% per annum, until paid, together with such other fees and charges as are applicable pursuant to said Note 66565, including, but not limited to, abstracting/title expense, advances for taxes and insurance, expenses incurred in securing, maintaining, and preserving the property during the pendency of this action, costs and a reasonably attorneys’ fee.
WHEREFORE, Plaintiff respectfully requests that judgment be entered in its favor and against Bransgrove, in the sum of $45,462.82 as of September 3, 2025, together with interest continuing to accrue thereafter at the default rate of 21.0% per annum, until paid, together with such other fees and charges as are applicable pursuant to said Note 66565, including, but not limited to, abstracting/title expense, advances for taxes and insurance, expenses incurred in securing, maintaining, and preserving the property during the pendency of this action, costs and a reasonably attorneys’ fee.
ELEVENTH CAUSE OF ACTION
(Mortgage Foreclosure – Promissory Note 66565 against Bransgrove – Texas Co.)
72. That Plaintiff incorporates all allegations previously set forth in this Petition, as if fully set forth herein, and, in addition thereto, further alleges and states as follows, to-wit:
73. That the indebtedness represented by Note 66565 is secured by that certain Real Estate Mortgage with Power of Sale (hereafter “Mortgage Six”) recorded on July 24, 2015, in Book 1316 Misc., Pages 759-760 of the records of the Texas County Clerk, a copy of which is attached hereto as Exhibit “K”; and that Mortgage Six is a good and valid first mortgage on the real estate situated in Texas County, Oklahoma, to-wit:
Surface and surface rights only in and to a 34.85 acre tract of land in the South Half (S/2) of Section Twenty-four (24), Township One (1) North, Range Twelve (12) E.C.M., Texas County, Oklahoma
(hereafter, "Tract Six");
with the required mortgage tax paid thereon by the mortgagee; receipted as shown by endorsement on said Mortgage Four, and same is made a part hereof by reference.
74. That Tract Six is one and the same as the following-described real property situated in Texas County, Oklahoma, to-wit:
A 34.85 acre tract situated in the South Half (S/2) of Section Twenty-four (24), Township One (1) North, Range Twelve (12) E.C.M., Texas County, Oklahoma, more particularly described as follows:
Starting at the SW Corner of Section 24, Township 1 North, Range 12 ECM, thence N89°57'30”E a distance of 1627.40 feet to the point of beginning for this survey; thence continue N89°57'30”E a distance of 387.77 feet to a point; thence N1°28'40”E a distance of 107.68 feet to a point; thence N89°54'40”E a distance of 640.41 feet to a point; thence North a distance of 609.97 feet to a point; thence S80°34'40”W a distance of 24.95 feet to a point; thence N0°05'11”W a distance of 849.53 feet to a point; thence N89°53'22”W a distance of 999.42 feet to a point; thence S0°12'24”W a distance of 1566.27 feet to the point of beginning, and containing 34.85 acres, more or less;
and this Court should make a judicial determination that the aforesaid 34.85 acre tract of real property is one and the same as Tract Six, notwithstanding any discrepancy in the record to the contrary, and this Court should judicially construe Mortgage Six to determine that the aforesaid 34.85 acre tract of real property is one and the same as Tract Six, notwithstanding any discrepancy in the record to the contrary.
75. That according to Mortgage Six, upon default, Plaintiff is given the right to foreclose its Mortgage via judicial proceeding and collect all costs and expenses incurred in pursuing such remedies.
76. That Mortgage Six is in default as a result of Bransgrove's failure to comply with the terms of Note 66565 and Mortgage Six; and that, therefore, Plaintiff is entitled to foreclose said Mortgage Six against Tract Six.
77. That Plaintiff has the right to elect whether or not to foreclose Tract Six with appraisement, and Plaintiff herewith elects to have said property sold with appraisement.
78. That Bransgrove may claim an interest in Tract Six; however, any interest claimed by said Defendant is subject and inferior to Plaintiff’s Mortgage Six.
79. The Defendant(s), Occupant(s) of the Premises, may claim an interest in Tract Six by virtue of occupancy of the same, or otherwise; however, any interest claimed by said Defendant(s) is junior, inferior, and subject to Mortgage Six.
80. That the Defendant, Aimee Midkiff, Texas County Treasurer, may claim some right, title or interest in and to Tract Six of this action by reason of any unpaid ad valorem taxes.
81. The interests of all Defendants are subject and inferior to Plaintiff’s Mortgage Six, and all persons, firms, and organizations having claims against Tract Six hold same subject and inferior to Plaintiff’s Mortgage Six thereon.
WHEREFORE, Plaintiff respectfully requests that the Court construe Mortgage Six to determine that it covered the metes and bounds description contained in paragraph 73 herein, judgment of foreclosure against all Defendants, decreeing its Mortgage Six to be a valid first lien on Tract Six, in the amount owed Plaintiff set forth above (subject only to unpaid real estate ad valorem taxes); that the said Mortgage Six be foreclosed, and that Tract Six be sold with appraisement at sheriff’s sale, and the proceeds applied first to the cost of sale, then to Plaintiff’s money judgment, with the surplus, if any, paid into Court for distribution in accordance with further order of the Court; that Plaintiff prays for judgment determining the right, title, lien and/or interest of all and each of the Defendants, and any person claiming by or through said Defendants or any of them, in or to Tract Six and improvements thereon, to be subject, junior and inferior to Plaintiff’s Mortgage Six, with the exception of liens for unpaid real estate ad valorem taxes; and that all Defendants, and each of them and all those claiming by, through, or under them, be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to Tract Six and improvements thereon, more particularly described above, or any party thereof; and that Plaintiff recover such additional relief as this Court deems equitable.
TWELFTH CAUSE OF ACTION
(Breach of Promissory Note 70628-60 against the Trust)
82. That Plaintiff incorporates all allegations previously set forth in this Petition, as if fully set forth herein, and, in addition thereto, further alleges and states as follows, to-wit:
83. That on June 5, 2023, the Trust executed and delivered that certain promissory note, attached hereto as Exhibit “L”, in favor of Plaintiff, in the face amount of $75,000.00 with interest thereon at a variable rate with the initial rate being 8.25% per annum, as well as fees and charges accruing pursuant to said promissory note until paid (hereafter, “Note 70628-60”).
84. That Plaintiff is the owner and holder of Note 70628-60.
85. That the Trust is in default on Note 70628-60 as the result of the Trust’s failure to comply with the terms thereof, and there is due and owing to Plaintiff the sum of $20,220.75 as of September 3, 2025, together with interest continuing to accrue thereafter at the default rate of
21.0% per annum, until paid, together with such other fees and charges as are applicable pursuant to said Note 70628-60, including, but not limited to, abstracting/title expense, advances for taxes and insurance, expenses incurred in securing, maintaining, and preserving the property during the pendency of this action, costs and a reasonably attorneys’ fee.
WHEREFORE, Plaintiff respectfully requests that judgment be entered in its favor and against the Trust, in the sum of $20,220.75 as of September 3, 2025, together with interest continuing to accrue thereafter at the default rate of 21.0% per annum, until paid, fees/charges in the amount of $750.00, together with such other fees and charges as are applicable pursuant to said Note 70628-60, including, but not limited to, abstracting/title expense, advances for taxes and insurance, expenses incurred in securing, maintaining, and preserving the property during the pendency of this action, costs and a reasonably attorneys’ fee.
THIRTEENTH CAUSE OF ACTION
(Replevin/Foreclose Security Agreement – Promissory Note 70628-60 against the Trust)
86. That Plaintiff incorporates all allegations previously set forth in this Petition, as if fully set forth herein, and, in addition thereto, further alleges and states as follows, to-wit:
87. That the indebtedness represented by Note 70628-60 is secured by that certain Agricultural Security Agreement (hereafter the “Security Agreement”) dated June 5, 2023, a copy of which is attached hereto as Exhibit “M”; and that Security Agreement One is a good and valid first lien on the following:
All livestock branded or unbranded now owned or in possession of debtor or hereafter acquired by way of replacement, substitution, increase or addition;
(hereafter, collectively, the “Note 70628-60 Collateral”);
88. Plaintiff perfected its security interest in the Note 70628-60 Collateral pursuant to Oklahoma law, a true and correct copy of the UCC financing statements are attached hereto as Exhibits “N”, “O”, “P” & “Q.”
89. Plaintiff has complied with all of the terms, conditions precedent and provisions of the Security Agreement.
90. The Trust has failed and refused to perform all of the terms, conditions precedent, and provisions of the Security Agreement.
91. The Trust’s failures constitute a breach of contract and are events of default pursuant to the terms of the Security Agreement.
92. The Security Agreement secures all debts due and owing to Plaintiff under Note 70628-60 by the Trust.
93. By reason of the Trust’s default on the Security Agreement, Plaintiff is entitled by virtue of the Security Agreement to the issuance of an order from this Court for immediate delivery possession of the Note 70628-60 Collateral.
94. The Note 70628-60 Collateral has not been taken in execution of any order or judgment, or for the payment of any tax, fine or amercement assessed, or by virtue of an order for delivery issued under Title 12 Okla. Stat. §§ 1571, et seq., or for any other mesne or final process issued.
95. The approximate current value of the Note 70628-60 Collateral is unknown at this time as Plaintiff is unaware of the Note 70628-60 Collateral’s current condition or whether the Trust continue to possess all the Note 70628-60 Collateral.
96. Unless otherwise restrained, the Trust may attempt to sell, alienate, conceal, transfer or otherwise dispose of the Note 70628-60 Collateral without accounting for the proceeds thereof, which would result in irreparable harm to Plaintiff.
WHEREFORE, Plaintiff respectfully requests that in rem judgment be entered in its favor and against the Trust, that the security interests created by the Security Agreement be foreclosed and be declared to be a valid, prior superior lien upon the Note 70628-60 Collateral; that an order be issued restraining the Trust from concealing, selling, removing, alienating, damaging, transporting, or otherwise disposing of some or all of the Note 70628-60 Collateral, or proceeds therefrom; that the Note 70628-60 Collateral be ordered sold or liquidated pursuant to the provisions of Oklahoma’s Uniform Commercial Code, with all proceeds from the sale to be applied to the satisfaction of the indebtedness of the Trust to Plaintiff, and thereafter in accordance with the instructions of this Court; and for such other further relief as this Court deems just and equitable.
Respectfully Submitted,
Kyle Domnick, OBA No. 31981
Hodgden Law Firm, PLLC
P. O. Box 529
Woodward, Oklahoma 73802
(580) 256-5517 (phone)
(580) 256-8459 (fax)
Attorneys for Plaintiff
COMMERCIAL NOTE
BORROWER(S) EXACT LEGAL NAME/ADDRESS (Joint and Severally)
Robert E Bransgrove Family Trust
Robert E. Bransgrove, Trustee
RR 1 Box 114
Balco, OK 73931
LENDER(S) NAME/ADDRESS (You or Your)
First Security Bank
15 South Douglas
PO BOX 847
Beaver, OK 73932-0847
DATE: 09/24/2009
MATURITY DATE: 5/1/2034
NOTE NUMBER: 62999
LOAN AMOUNT: 782000.00
OFFICER NAME: Chris Berry
RENEWAL OF: 62054
57397, 60342, 60372, 61225, 61565, 61739
For the value received, the undersigned jointly and severally promise(s) to pay to the order of Lender, at Lender's address above, the principal sum of: 782000.00 , together with interest on the unpaid balance at the interest rate set forth in the following manner: ☐ Fixed Rate ☒ Variable Rate which will vary with the Index Rate established by Lender from time to time and be equal to Index Rate, plus 2.0 percentage points. Each increase or decrease in the interest rate due to a change in the Index Rate shall become effective on the calendar day such change in the Index Rate takes effect. Index Rate is currently 3.25% . The following Index shall apply: New York prime adjustable without notice to borrower. Initial rate 6.0%
Any increase or decrease of Finance Charge will result:
☐ in a longer or shorter period of payments; or ☐ in larger or smaller final payment; or ☒ in larger or smaller periodic payments; or ☐ in larger or smaller single payment.
Rate Changes will occur: Every 5 years Interest computed on: ☐ 365/365 ☐ 360/360 ☒ 365/360
The Minimum Interest Rate: 6.0% The Maximum Interest Rate will not exceed: 8.0%
☒ Open End Borrower agrees to borrow up to the Principal Sum more than one time.
☒ Closed End Borrower agrees to borrow up to the Principal Sum only one time.
Expiration Date: 05/01/2034
Post Maturity: Borrower agrees to pay at a rate of 18.0% per year on the balance not paid at Maturity or Maturity by Acceleration.
Late Charges: 5.0% Of Semi-Annual Payment
Demand Note: ☒ obligation is payable on demand.
☒ all disclosures are based on an assumed maturity of one year.
SCHEDULE OF PAYMENTS – This Promissory Note is:
☐ payable in full on
☐ payable in consecutive ☐ monthly ☐ quarterly ☐ semi-annual ☐ annual installments,
☐ commencing on , in ☒ equal payments of
and all the unpaid principal and interest, due at Maturity.
☐ with interest payable ☒ commencing on
☒ payable as follows: 49 payments of $29,924.96 paid SemiAnnual beginning 11/1/2009; 1 payments of $29,924.14 paid 5/1/2034
☐ additional provisions:
SECURITY;
This note is secured by separate security agreements(s) dated: 09/24/2009
This note is secured by separate mortgage(s) or Deed(s) of Trust and related document(s) date: 09/24/2009
This note is subject to loan agreement(s) dated:
BORROWER(S) REPRESENT HEREWITH THAT THE LOAN EVIDENCED HEREBY IS BEING OBTAINED FOR BUSINESS PURPOSES, NOT FOR FAMILY, HOUSEHOLD OR PERSONAL USE.
THIS NOTE CONSTITUTES A "WRITTEN AGREEMENT." THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, SUBSEQUENT OR FUTURE ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS DOCUMENT, AND AGREES TO THE TERMS, CONDITIONS AND THE ADDITIONAL PROVISIONS SET FORTH ON THE REVERSE SIDE HEREOF, THE SAME BEING INCORPORATED HEREIN BY REFERENCE.
NOTICE TO CO-SIGNER(S): You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the Borrower does not pay. You may also have to pay late fees or collection costs, which increases this amount. The Lender can collect this debt from you without first trying to collect from the Borrower. The Lender can use the same collection methods against you that can be used against the Borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record. This notice is not the contract that makes you liable for the debt. By signing below, you acknowledge that you read the above Notice.
Robert E Bransgrove Family Trust
Robert E Bransgrove Family Trust
Date
Date
Date
Date
ADDITIONAL TERMS OF THE NOTE
BORROWER/DEBTOR HEREBY FURTHER WARRANTS, COVENANTS, AND AGREES AS FOLLOWS:
USURY SAVINGS AND SPREADING CLAUSE - All interest paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full period (including any renewal or extension) until payment in full of the principal so that the interest hereon for such full period shall not exceed the maximum amount permissible under applicable law. Lender expressly disavows any intent to contract for, charge or receive interest in an amount which exceeds the maximum amount permissible under applicable law. In determining the highest lawful rate, all fees and other charges contracted for, charged or received by Lender in connection with the loan evidenced by this Note which are either deemed interest by applicable law or required by applicable law to be deducted from the principal balance of this Note to determine the rate of interest hereon shall be taken into account. This paragraph shall control all agreements between Borrower and Lender.
DEFINITIONS - "I," "me" or "my" means each Borrower who signs this note. "You" or "your" means the Lender and its successors and assigns.
DEFAULT - I will be in default under this Note and Security Agreement(s) listed on page 1 if any one of the following events occur: (a) I fail to make any payment of this loan when it is due; (b) Another creditor tries legally to take any of the Collateral; (c) I fail to perform any other promise or obligation under this Note or under any other security agreement covering this loan; (d) Any guarantor of this loan or I die, dissolve or terminate, or become the subject of a bankruptcy or insolvency proceeding; (e) Any item of the Collateral is stolen, damaged beyond reasonable repair, or destroyed whether or not such loss is fully insured; (f) Any representation that any guarantor or I have made to obtain this proves to have been false when made; (g) Any guarantor or I breach any other credit agreement with the Bank; (h) The Bank reasonably believes that it is insecure in the repayment of this loan.
REMEDIES UPON DEFAULT - Upon my default, at the Lender's option and without any demand or notice to me, the Lender may treat this loan in default and do any one or more of the following: (a) Declare all amounts I owe the Lender under this Note immediately due and payable. (b) Take any reasonable measures intended to remedy the default or to prevent or reduce any loss to the Lender. This includes purchasing insurance on my behalf if I fail to maintain the required property insurance or to deliver such policies or acceptable written evidence of the policies to the Lender. Such insurance may insure only the Lender's interest in the Collateral and may not provide any coverage for me. Any amounts the Lender spends or costs it incurs in exercising this remedy will bear interest from the date they are advanced at the Highest Rate allowed under applicable state law and will be payable upon the Lender's demand. (c) Foreclose on the Lender's security interests as permitted by law. This includes repossessing the Collateral and disposing of it in one or more public or private sales. The Lender may then credit the disposition proceeds first to the Lender's reasonable expenses for repossessing, transporting, storing, repairing, and selling or otherwise disposing of the Collateral and then to repayment of my loan obligation (including any amounts the Lender expends or costs it incurs under this Note). I will permit voluntarily the Lender to repossess the Collateral. If the net proceeds of a sale or other disposition are less than what I owe the Lender under this Note, I promise the Lender this difference upon the Lender's demand, together with interest at the Highest Rate allowed under applicable state law until this difference is paid. (d) Collect from me all collection costs and legal expenses, including attorney fees, the Lender incurs in exercising its rights and remedies, which I shall pay on demand. (e) Take any amount I owe from my account I have with the Lender, without giving me notice first.
RIGHT OF SETOFF - If any of the above events of default should occur, Debtor's obligations evidenced by this Note shall immediately become due and payable, without advance notice except as may be specifically required by statute, and Lender shall be and is herewith expressly authorized to exercise its Right of Set-Off as to any monies deposited in demand checking, time, savings or other accounts of any nature maintained in and with it by any of the undersigned, without advance notice. Said Right of Set-Off shall also be applicable and may be exercised where Lender is indebted to any signer hereof by reason of any Certificate of Deposit, Bond, Note or otherwise.
VARIABLE INTEREST RATE - This Promissory Note provides for an interest rate which varies based on changes in Lender's "Index Rate" Debtor understands and agrees that Lender's Prime Rate is an interest index rate which is set and changed by Lender at its discretion from time to time and which is designated by Lender as its "Index Rate" to which many loans it makes are tied and that such rate is not represented or intended to be the lowest or most favorable interest rate charged by Lender.
WAIVER OF CERTAIN RIGHTS - If the Lender delays enforcement or decides not to enforce any of the provisions of this Note, including my Note to make timely payments, it will not lose its right to enforce the same provisions later nor any other provisions of this Note. I waive the right to receive notice of any waiver or delay or presentment, demand, protest, or dishonor. I also waive any applicable statute of limitations to the full extent permitted by law and I waive any right I may otherwise have to require the Lender to proceed against any person or security before suing me to collect this loan.
LEGAL COSTS - If the Lender has to hire an attorney to enforce its rights under this Note and Security Agreement, I will be responsible for paying all collection costs and legal expenses, including attorney fees to the extent permitted by law.
INSURANCE - Unless otherwise indicated, the cost of credit life insurance and/or credit disability insurance is for the term of the loan.
CHANGES IN TERMS OF LOAN AND NOTICE - Unless I tell the Lender of a change of address, the Lender will use the address listed on my application if I must be contacted. All changes in the terms to this Note and Security Agreement must be made in writing by me and the Lender.
COLLATERAL - As security for my obligations under this Agreement, including any extension, renewal, or modification of this loan, I grant to the Lender a security interest in the proceeds and refunded premiums of any credit insurance I obtain under this Agreement. I also grant a security interest in the property (listed on separate Security Agreement(s) detailed on page 1), which includes any installed or affixed equipment or parts and the proceeds of the described property and the proceeds and refunded premiums of any insurance the Lender requires under this agreement (such property and proceeds hereinafter the "Collateral").
OWNERSHIP OF COLLATERAL - Except for the security interest granted hereby, I am the owner of the Collateral, free and clear of any other lien, security interest, or encumbrance whatsoever.
LENDER'S AUTHORITY TO SIGN DOCUMENTS - I irrevocably authorize the Lender to sign on my behalf any documents needed to carry out any of the provisions of this Note.
ENVIRONMENTAL COMPLIANCE - On the date hereof, Borrower is in compliance with, and will continue to comply with, all applicable local, state and federal environmental laws, regulations, ordinances, and administrative and judicial orders relating to the generation, recycling, reuse, sale, storage, handling, transport and disposal of any hazardous or toxic substance or material, including, but not limited to, urea formaldehyde foam insulation, asbestos and petroleum products. If Borrower violates, or a claim is made that Borrower has violated, any local, state or federal environmental law, regulation or ordinance or administrative or judicial order, Borrower will notify Lender within 30 days after the violation occurs or the claim is made. Lender and its representatives have a right to inspect, during normal business hours, any property of Borrower to insure compliance with these provisions.
SEVERABILITY - Each word and sentence of this agreement shall be deemed severable from the remainder of the agreement. Invalidation of any element of this agreement shall not invalidate the remainder of the agreement.
COLLATERAL PROTECTION INSURANCE NOTICE - As part of this agreement, I am giving you a security interest in the Property described in the Security Agreement(s) listed on page 1. I am required to maintain insurance on the Property in an amount at least equal to my indebtedness. I agree to purchase the insurance from an insurer authorized to do business in Oklahoma or an eligible surplus lines insurer. I will name you as loss payee under the policy. I understand that I may be required to deliver a copy of the property insurance policy and proof of payment of premiums to you. If I fail to meet any of these requirements, you may obtain collateral protection insurance on my behalf. If you purchase insurance for the Property, I will be responsible for the cost of that insurance including interest and any other charges incurred by you in connection with the placement of collateral protection insurance.
TIME IS OF THE ESSENCE - Time is of the essence with respect to all provisions of this Note and all other loan documents.
THIS NOTE SHALL BE GOVERNED BY THE LAWS OF THE U.S. AND THE STATE OF THE LENDER'S MAIN OFFICE. There shall be no amendment to this agreement except in writing by all parties.
PROMISSORY NOTE
<table>
<tr>
<th>Principal</th>
<th>Loan Date</th>
<th>Maturity</th>
<th>Loan No</th>
<th>Call / Coll</th>
<th>Account</th>
<th>Officer</th>
<th>Initials</th>
</tr>
<tr>
<td>$422,322.60</td>
<td>05-18-2022</td>
<td>05-18-2042</td>
<td>40</td>
<td>2 / M</td>
<td>70628</td>
<td>DHS</td>
<td></td>
</tr>
</table>
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "****" has been omitted due to text length limitations.
Borrower: Robert Eugene Bransgrove Revocable Trust
3268 MILE 60 RD
Balko, OK 73931
Lender: First Security Bank
Main Office
15 S Douglas
PO BOX 947
Beaver, OK 73932
Principal Amount: $422,322.60
Date of Note: May 18, 2022
PROMISE TO PAY. Robert Eugene Bransgrove Revocable Trust ("Borrower") promises to pay to First Security Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of Four Hundred Twenty-two Thousand Three Hundred Twenty-two & 60/100 Dollars ($422,322.60), together with interest on the unpaid principal balance from May 18, 2022, until paid in full.
PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. If no demand is made, subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in 19 payments of $34,085.09 each payment and an irregular last payment estimated at $34,087.93. Borrower's final payment will be due on May 18, 2042, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any escrow or reserve account payments as required under any mortgage, deed of trust, or other security instrument or security agreement securing this Note; then to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. All payments must be made in U.S. dollars and must be received by Lender consistent with any written payment instructions provided by Lender. If a payment is made consistent with Lender's payment instructions but received after 5:00 P.M Central Time, Lender will credit Borrower's payment on the next business day.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Wall Street Journal rate as published in the Wall Street Journal (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. Lender will tell Borrower the current index rate upon Borrower's request. The interest rate change will not occur more often than each 5 Years. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.000% per annum. Interest on the unpaid principal balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 1.000 percentage point over the Index (the "Margin"), adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 5.000%. If Lender determines, in its sole discretion, that the Index has become unavailable or unreliable, either temporarily, indefinitely, or permanently, during the term of this Note, Lender may amend this Note by designating a substantially similar substitute index. Lender may also amend and adjust the Margin to accompany the substitute index. The change to the Margin may be a positive or negative value, or zero. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this Note will become effective and bind Borrower 10 business days after Lender gives written notice to Borrower without any action or consent of the Borrower. NOTICE: Under no circumstances will the interest rate on this Note be less than 4.500% per annum or more than (except for any higher default rate shown below) the lesser of 14.000% per annum or the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment.
INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding (but not including February 29 in leap years). All interest payable under this Note is computed using this method. This calculation method results in a higher effective interest rate than the numeric interest rate stated in this Note.
PREPAYMENT; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum interest charge of $7.50. Other than Borrower's obligation to pay any minimum interest charge, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: First Security Bank; Main Office, 15 S Douglas, PO BOX 947, Beaver, OK 73932.
LATE CHARGE. If a payment is 11 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $24.50, whichever is greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased to 21.000%. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law.
DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower.
Default In Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents.
PROMISSORY NOTE
(Continued)
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter.
Insolvency. The dissolution or termination of the Trust, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including without limitation all attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oklahoma without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of Oklahoma.
DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $20.00 if Borrower makes a payment on Borrower's loan and the check or other payment order including any preauthorized charge with which Borrower pays is later dishonored.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage dated May 18, 2022, to Lender on real property located in Texas County, State of Oklahoma.
ADDITIONAL COLLATERAL. Real Estate Mortgage(s) dated September 24, 2009 and filed of record in Beaver County, Oklahoma on October 2, 2009 in Book 1215, Page(s) 0624-0626; dated September 24, 2009 and filed of record in Texas County, Oklahoma on October 2, 2009 in Book 1203. Page(s) 269-290.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Borrower may notify Lender if Lender reports any inaccurate information about Borrower's account(s) to a consumer reporting agency. Borrower's written notice describing the specific inaccuracy(ies) should be sent to Lender at the following address: First Security Bank PO Box 947 Beaver, OK 73932.
GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several.
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
BORROWER:
ROBERT EUGENE BRANSGROVE REVOCABLE TRUST
By: Cindy Bransgrove
Cindy Bransgrove, Trustee of Robert Eugene Bransgrove Revocable Trust
REAL ESTATE MORTGAGE WITH POWER OF SALE
KNOW ALL PERSONS BY THESE PRESENTS that:
Robert E Bransgrove Family Trust
Robert E. Bransgrove, Trustee
RR 1 Box 114
BaikO, OK 73931
(called Mortgagor, whether one or more) mortgages to:
First Security Bank
Beaver, OK 73932-0947
(called "Mortgagee," whether one or more and which term shall be construed to include Mortgagee's successors and assigns) the following described real estate and premises located in Texas:
The West Half (W/2) of Section Thirty-six (36), Township One (1) North, Range Nineteen (19), East of the Cimarron Meridian.
That part of the Southeast Quarter (SE/4) of Section Twenty-three (23), Township One (1) North, Range Twelve (12), ECM, lying South of U.S. Highway 54; and
That part of Section Twenty-four (24), Township One (1) North, Range Twelve (12), ECM, lying South of U.S. Highway 54; LESS and EXCEPT a 34.85 acre tract, more particularly described as follows:
Starting at the SW Corner of Section 24, Township 1 North, Range 12 ECM, thence N 89° 57' 30" E a distance of 1627.40 feet to the point of beginning for this survey; thence continue N 89° 57' 30" E a distance of 387.77 feet to a point; thence N 1° 28' 40" E a distance of 107.08 feet to a point; thence N 89° 54' 40" E a distance of 940.41 feet to a point; thence North a distance of 605.97 feet to a point; thence S 89° 54' 40" W a distance of 24.95 feet to a point; thence N 0° 06' 11" W a distance of 949.53 feet to a point; thence N 99° 53' 22" W a distance of 998.42 feet to a point; thence S 8° 12' 24" W a distance of 1568.27 feet to the point of beginning, and containing 34.85 acres, more or less
The West Half (W/2) and the North Half of the Northeast Quarter (N/2 NE/4) of Section Twenty-five (25), Township One (1) North, Range Twelve (12), ECM
The Southeast Quarter (SE/4) of Section Twenty-four (24), Township One (1), North of Range Nineteen (19), East of the Cimarron Meridian.
with all the buildings and other improvements located or constructed on the real estate, all fixtures, personal property used on or in, and appurtenances to the real estate, and Mortgagee assigns and pledges all rents, issues, profits and income derived from the above real estate (collectively referred to as the "Mortgaged Property"). This Mortgage and assignment of rents, issues, profits and income derived from the Mortgaged Property creates a security interest in the Mortgaged Property and like kind future property from the time the Mortgage and assignment is granted even though enforcement of the assignment of rents, issues, profits and income maybe delayed until default.
Mortgagor warrants the title to the Mortgaged Property.
This Mortgage is given to secure the payment and performance of all of the following (collectively, the "Debt"):
(a) The indebtedness evidenced by the following described promissory Note(s) (the "Note," whether one or more) and any modifications, renewals or substitutions of the Note:
NOTE: 62999 PRINCIPAL: $782,000.00 INTEREST: $714248.16 MATURITY: May 1, 2034
(b) All sums advanced or paid by Mortgagee on account of the failure of the Mortgagor to comply with the terms or covenants of this Mortgage or other documents signed by the Mortgagor;
(c) All future loans and advances and all future renewals of loans which Mortgagee may make to Mortgagor or to the Debtor identified in the Note, if different from Mortgagor (the "Debtor"); and all other debts, obligations and liabilities of every kind and character of Mortgagor or Debtor now existing, whether or not explicitly referred to, or arising in the future in favor of Mortgagee, whether direct or indirect, absolute or contingent, or originally payable to Mortgagee or any other person; and any renewals or extensions; provided, however, if the Mortgaged Property includes Mortgagor's principal dwelling or is otherwise a 1 to 4 family dwelling, the Mortgaged Property will not secure any future loan, advance, debt, obligation or liability taken or incurred principally for a personal, family or household purpose.
Mortgagor further agrees (a) to pay and discharge all taxes and assessments on the Mortgaged Property before they become delinquent; (b) to keep all the Mortgaged Property and improvements insured under policies which are acceptable to, and for the benefit of, the Mortgagee; (c) to cure all title defects or clouds on or claims against Mortgagor's title which may arise or be discovered; (d) to keep all the Mortgaged Property in good order, condition and repair, and to replace or restore any damaged or destroyed Mortgaged Property; and (e) to discharge any levies, liens, attachments, or other claims which may be asserted against the Mortgaged Property. Mortgagor also agrees with respect to the Mortgaged Property to comply with all environmental laws and regulations now in force or later promulgated and to disclose to Mortgagee all information regarding any environmental status of the Mortgaged Property. Mortgagee grants Mortgagee the right to acquire additional environmental information regarding the Mortgaged Property. Mortgagee also grants Mortgagee or its agents a license to enter onto the Mortgaged Property and inspect it by any reason and further agrees to indemnify Mortgagee for any liability associated with the Mortgaged Property. The discovery of any substantial environmental hazards on the Mortgaged Property may at option of Mortgagee be considered an Event of Default under this Mortgage. In the Event of the failure of the Mortgagor to fulfill the agreements of this paragraph, the Mortgagee may purchase insurance or pay taxes, assessments or other liens and appropriate funds to protect the Mortgaged Property, and shall have a lien secured by this Mortgage and assignment for the amount of those sums with interest on those amounts at the maximum rate of interest on any part of the Debt secured by this Mortgage and assignment.
If the Mortgaged Property is Mortgagor's homestead and one of the Mortgagors is the spouse of another Mortgagor or the Borrower identified in the Note but is not obligated under the Note, and is only signing this Mortgage to satisfy the requirements of Title 16 Okla. Stat. § 4 (which requires a spouse to sign a mortgage on homestead property), then such Mortgagor is not obligated under the provisions of the immediately preceding paragraph and is only signing this Mortgage to convey his or her interest in the Mortgaged Property.
If Mortgagee is required to give Mortgagor notice, notice mailed or delivered at least 5 days before action is taken will be considered reasonable.
Mortgagor confers on Mortgagee or its attorney or agent the power to sell the Mortgaged Property and the interests of all persons in it in the manner provided in the Oklahoma Power of Sale Mortgage Foreclosure Act (Title 46 Okla. Stat. § 44 et seq.). On the occurrence of an Event of Default (as described in this Mortgage), Mortgagee may, at its option, accelerate payment of the Debt so that all the Debt shall be immediately due and payable and may either exercise the Power of Sale or foreclose this Mortgage in a judicial foreclosure. The following are considered "Events of Default": (a) any default in payment of the Debt or performance under the Note; (b) Mortgagee fails to perform any covenant or agreement contained in this Mortgage or in any other indebtedness, obligation or agreement of the Mortgagor to Mortgagee or another; (c) Mortgagee sells, conveys, transfers, hypothecates, or in any other manner causes to be the owner of or in possession of all or any portion of or interest in the Mortgaged Property, except as agreed to by Mortgagee in writing or as permitted under applicable law; or (d) Mortgagee believes the prospect of payment under the Note is impaired or the Mortgaged Property is in jeopardy.
Subject to the provisions of the Oklahoma Power of Sale Mortgage Foreclosure Act, Mortgagee may accelerate payment of the Debt for the reasons stated in this Mortgage without notice to, or demand on, Mortgagor.
The Mortgagor irrevocably appoints the Mortgagee its lawful attorney in fact, with Power of Attorney in its name and stead to collect any income, rents, issues and profits arising from or accruing at any time that are due under each and all of the leases, contracts and agreements, written or verbal, now existing or existing in the future with reference to the Mortgaged Property with the same rights and powers and subject to the same immunities, exoneration of liability and rights of recourse and indemnity as the Mortgagor would have. As often as any action may be taken to foreclose this Mortgage or to exercise rights under the Power of Sale Mortgage Foreclosure Act, the Mortgagor agrees to pay an attorney's fee to the Mortgagee equal to the greater of a sum of not less than 15% of the amount due or the incurred attorney's fee, in addition to other sums due, which shall be secured by this Mortgage.
If there is a foreclosure of this Mortgage other than by Power of Sale, Mortgagor waives appraisement of the Mortgaged Property, unless Mortgagee seeks an appraisal. Appraisal shall beat the sole option of the Mortgagee, to be declared when the petition to foreclose is filed or when judgment is taken.
Mortgagor understands and agrees that on Mortgagor's default, a court may grant specific performance of Mortgagor's agreements in this Mortgage, and Mortgagee will have the right to take possession of the Mortgaged Property by appointing a receiver in accordance with Title 12 Okla. Stat. § 1551.2(c) which authorizes appointment when a condition of a mortgage has not been performed and the mortgage provides for appointment of a receiver. The court may also appoint a receiver upon other grounds as specified in Title 12 Okla. Stat. § 1551.
“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.”
MORTGAGOR(S) SIGNATURE(S)
Signed and Delivered on this Date:
Date: 09/24/2009 Robert E Branegrove Trustee
Robert E Branegrove Family Trust
__________________________ _________________________________
__________________________ _________________________________
__________________________ _________________________________
STATE OF OKLAHOMA COUNTY OF [COUNTY] } SS.
The foregoing instrument was acknowledge before me on this 24 day of September,
by Robert E. Branegrove, Jr., Trustee
My Commission Expires: ___________________________ Chris Bey NOTARY PUBLIC
STATE OF OKLAHOMA COUNTY OF [COUNTY] } SS.
The foregoing instrument was acknowledge before me on this _______ day of ___________________________ .
by ___________________________ , NAME OF OFFICER TITLE
of ___________________________ , NAME OF CORPORATION STATE OF INCORPORATION Corporation, on behalf of the Corporation.
My Commission Expires: ___________________________ NOTARY PUBLIC
STATE OF OKLAHOMA COUNTY OF [COUNTY] } SS.
The foregoing instrument was acknowledge before me on this _______ day of ___________________________ .
by ___________________________ , Partner (or Agent), on behalf of ___________________________ a partnership.
My Commission Expires: ___________________________ NOTARY PUBLIC
REAL ESTATE MORTGAGE WITH POWER OF SALE
KNOW ALL PERSONS BY THESE PRESENTS that:
Robert E Brasagrove Family Trust
Robert E. Brasagrove, Trustee
RR 1 Box 114
Balto, OK 73931
(called Mortgagee,' whether one or more) mortgages to:
First Security Bank
Beaver, OK 73932-0847
(called "Mortgage," whether one or more and which term shall be construed to include Mortgagee's successors and assignees) the following described real estate and premises located in Beaver County, State of Oklahoma:
See Attached Document - Schedule A
with all the buildings and other improvements located or constructed on the real estate, all fixtures, personal property used on or in, and appurtenances to the real estate, and Mortgagee assigns and pledges all rents, issues, profits and income derived from the above real estate (collectively referred to as the "Mortgaged Property"). This Mortgage and assignment of rents, issues, profits and income derived from the Mortgaged Property creates a security interest in the Mortgaged Property and like kind future property from the time the Mortgage and assignment is granted even though enforcement of the assignment of rents, issues, profits and income maybe delayed until default.
Mortgagor warrants the title to the Mortgaged Property.
This Mortgage is given to secure the payment and performance of all of the following (collectively, the "Debt"):
(a) The indebtedness evidenced by the following described promissory Note(s) (the "Note," whether one or more) and any modifications, renewals or substitutions of the Note:
NOTE: 62909 PRINCIPAL: $782,000.00 INTEREST: $714,248.16 MATURITY: May 1, 2034
(b) All sums advanced or paid by Mortgagee on account of the failure of the Mortgagor to comply with the terms or covenants of this Mortgage or other documents signed by the Mortgagor;
(c) All future loans, advances and all future renewals of loans which Mortgagee may make to Mortgagor or to the Debtor identified in the Note, if different from Mortgagor (the "Debtor"); and all other debts, obligations and liabilities of every kind and character of Mortgagor or Debtor now existing, whether or not explicitly referred to, or arising in the future in favor of Mortgagee, whether direct or indirect, absolute or contingent, or originally payable to Mortgagee or any other person; and any renewals or extensions; provided, however, if the Mortgaged Property includes Mortgagor's principal dwelling or is otherwise a 1 to 4 family dwelling, the Mortgaged Property will not secure any future loan, advance, debt, obligation or liability taken or incurred principally for a personal, family or household purpose.
Mortgagor further agrees (a) to pay and discharge all taxes and assessments on the Mortgaged Property before they become delinquent; (b) to keep all the Mortgaged Property and improvements insured and under policies which are acceptable to, and for the benefit of, the Mortgagee; (c) to cure all title defects or clouds on or claims against Mortgagor's title which may arise or be discovered; (d) to keep all the Mortgaged Property in good condition and repair, and to repair or replace any damaged or destroyed Mortgaged Property; (e) to promptly furnish Mortgagee with such information regarding the Mortgaged Property as Mortgagee may request and to disclose to Mortgagee all things information regarding the environmental status of the Mortgaged Property. Mortgagee grants Mortgagee the right to acquire additional information regarding the Mortgaged Property and to conduct investigations regarding the Mortgaged Property. Mortgagee may require a survey of the Mortgaged Property and Mortgagor shall cooperate and shall provide all information requested by Mortgagee regarding the Mortgaged Property. Mortgagee may order reports (such as pest reports, radon tests, soil reports or the like) regarding the Mortgaged Property and Mortgagee may forward copies of such reports to Mortgagor. Mortgagee may purchase insurance on the Mortgaged Property and shall have a lien secured by this Mortgage and assignment for the amount of those sums with interest on those amounts at the maximum rate of interest on any part of the Debt secured by this Mortgage and assignment.
If the Mortgaged Property is Mortgagor's homestead and one of the Mortgagors is the spouse of another Mortgagor or the Borrower identified in the Note but is not obligated under the Note, and is only signing this Mortgage to satisfy the requirements of Title 16 Okla. Stat. § 4 (which requires a spouse to sign a mortgage on homestead property), then such Mortgagor is not obligated under the provisions of the immediately preceding paragraph and is only signing this Mortgage to convey his or her interest in the Mortgaged Property.
If Mortgagee is required to give Mortgagor notice, notice mailed or delivered at least 5 days before action is taken will be considered reasonable.
Mortgagor conveys on Mortgage or its attorney or agent the power to sell the Mortgaged Property and the interests of all persons in it in the manner provided in the Oklahoma Power of Sale Mortgage Foreclosure Act (Title 46 Okla. Stat. § 44 et seq.). On the occurrence of an Event of Default (as described in this Mortgage), Mortgagee may, at its option, accelerate payment of the Debt so that all the Debt shall be immediately due and payable and may either exercise the Power of Sale or foreclose this Mortgage in a judicial foreclosure. The following are considered "Events of Default": (a) any default in payment of the Debt or performance under the Note; (b) Mortgagor fails to perform any covenant or agreement contained in this Mortgage or in any other indebtedness, obligation or agreement of the Mortgagor to Mortgagee or to another; (c) Mortgagor sells, conveys, transfers, hypothecates, or in any other manner causes to be the owner or in possession of all or any portion of or interest in the Mortgaged Property, except as agreed to by Mortgagee in writing or as permitted under applicable law; or (d) Mortgagee believes the prospect of payment under the Note is impaired or the Mortgaged Property is in jeopardy.
Subject to the provisions of the Oklahoma Power of Sale Mortgage Foreclosure Act, Mortgagee may accelerate payment of the Debt for the reasons stated in this Mortgage without notice to, or demand on, Mortgagor.
The Mortgagor irrevocably appoints the Mortgagee its lawful attorney in fact, with Power of Attorney in its name and stead to collect any income, rents, issues and profits arising from or accruing at any time that are due under each and all of the leases, contracts and agreements, written or verbal, now existing or existing in the future with reference to the Mortgaged Property with the same rights and powers and subject to the same limitations, exemptions, conditions of liability and rights of reserve and indemnity as the Mortgagor would have. All fines as mentioned must be used to foreclose this Mortgage or to preserve rights under the Power of Sale Mortgage Foreclosure Act, the Mortgagee agreed to pay an attorney's fee up to but no more than the greater of a sum of not less than 13% of the amount due or the incurred attorney's fee, in addition to other sums due, which shall be assessed by this Mortgage.
If there is a foreclosure of this Mortgage either then by Power of Sale, Mortgagee waives appraisement of the Mortgaged Property, unless Mortgagee seeks an appraisal. Appraisal shall beat the sale option of the Mortgagee, to be decided when the petition to foreclose is filed or when judgment is taken.
Mortgagor understands and agrees that on Mortgagor's default, a court may grant specific performance of Mortgagor's agreements in this Mortgage, and Mortgagee will have the right to take possession of the Mortgaged Property by appointing a receiver in accordance with Title 12 Okla. Stat. § 1351.26(c) which authorizes appointment when a condition of a mortgage has not been performed and the mortgage provides for appointment of a receiver. The court may also appoint a receiver upon other grounds as specified in Title 12 Okla. Stat. § 1351.
"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."
Signed and Delivered on this Date:
Date: 9-24-08
STATE OF OKLAHOMA
COUNTY OF Beaver
The foregoing instrument was acknowledged before me on this 24th day of September, 2009, by Robert E. Brannon Jr., as trustee.
My Commission Expires: ________
STATE OF OKLAHOMA
COUNTY OF Beaver
The foregoing instrument was acknowledged before me on this ________day of___________.
by ____________________________ NAME OF OFFICER ____________________________ TITLE
of ____________________________ NAME OF CORPORATION ____________________________ STATE OF INCORPORATION ____________________________
VIEW ADDITIONAL LAND RECORDS AT OKCOUNTYRECORDS.COM
Robert E Bransgrove Family, Trust
Robert E Bransgrove, Trustee
RR 1 Box 114
Balko, OK 73931
Schedule A – Dated September 24, 2009
The South Half (S/2) of Section Thirty-one (31), Township Two (2) North, Range Twenty-five (25) East of the Cimarron Meridian and the Northwest Quarter (NW/4) and the West Half of the Southwest Quarter (W/2 SW/4) of Section Twelve (12), Township One (1) North, Range Twenty-four (24) East of the Cimarron Meridian.
The Southeast Quarter (SE/4) of Section Nineteen (19), Township One (1) North, Range Twenty (20) East of the Cimarron Meridian.
The Southwest Quarter (SW/4) and the West Half of the Northwest Quarter (W/2 NW/4) of Section Twenty (20), Township Two (2) North, Range Twenty-five (25) East of the Cimarron Meridian LESS AND EXCEPT the following described tracts:
A tract of land situated in the East Half of the Southwest Quarter (E/2 SW/4) of said Section 20-2N-25 ECM more particularly described as follows: Beginning at a point on the East boundary of the E/2 SW/4 a distance of 1320.00 feet North (N00°15'21''W) of the Southeast corner of the E/2 SW/4 of said Section 20; thence continuing North (N00°15'21'' W) a distance of 1327.59 feet to the Northeast corner of said E/2 SW/4; thence West (S89°43'21''W) along the North boundary of said E/2 SW/4 a distance of 330.00 feet; thence South (S00°15'21''E) a distance of 1327.89 feet; thence East (N89°40'13''E) a distance of 330.00 feet to the point of beginning, said tract containing 10.0586 acres, more or less;
The East Half of the East Half of the Southeast Quarter of the Southwest Quarter (E/2 E/2 SE/4 SW/4) of Section 20-2N-25 ECM;
Beginning at a point on the present North right-of-way line of State Highway No. 3, a distance of 329.91 feet Westerly of the point where said right-of-way line intersects the East line of said SW/4; thence Westerly along said right-of-way line a distance of 1547.09 feet to a jog in said right-of-way line; thence Northerly along said jog a distance of 60.00 feet; thence N89°53'00''E a distance of 955.00 feet; thence S86°18'09''E a distance of 300.67 feet; thence N89°53'00''E a distance of 100.00 feet; thence S78°48'24''E a distance of 101.98 feet; thence N89°53'00''E a distance of 92.09 feet to a point 329.91 feet West of the East line of said SW/4; thence South on a line parallel to and 329.91 feet West of said East line a distance of 20.00 feet to the point of beginning; and
Beginning at a point on the present North right-of-way line of State Highway No. 3, a distance of 50.00 feet North of the South line and 33.00 feet East of the West line of said SW/4; thence Easterly along said right-of-way line a distance of 584.30 feet to a jog in said right-of-way line; thence Northerly along said jog a distance of 70.00 feet; thence S89°53'00''W a distance of 584.30 feet to a point 33.00 feet East of the West line of said SW/4; thence South on a line parallel to and 33.00 feet East of said West line a distance of 70.00 feet to the point of beginning.
RECORDATION REQUESTED BY:
First Security Bank
Main Office
15 S Douglas
PO BOX 947
Beaver, OK 73932
WHEN RECORDED MAIL TO:
First Security Bank
Main Office
15 S Douglas
PO BOX 947
Beaver, OK 73932
FOR RECORDER'S USE ONLY
MORTGAGE
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.
MAXIMUM LIEN. The lien of this Mortgage shall not exceed at any one time $438,000.00.
THIS MORTGAGE dated May 18, 2022, is made and executed between Cindy Bransgrove, not personally but as Trustee on behalf of Robert Eugene Bransgrove Revocable Trust, whose address is 3268 MILE 60 RD, Balco, Oklahoma 73931 (referred to below as "Grantor") and First Security Bank, whose address is 15 S Bougias, PO BOX 947, Beaver, OK 73932 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages and conveys to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Texas County, State of Oklahoma:
The North Half (N/2) and the Southeast Quarter (SE/4) of Section Nine (9), and the Northeast Quarter (NE/4) of Section Sixteen (16), all in Township Two (2) North, Range Eleven (11) East of the Cimarron Meridian, Texas County, Oklahoma
CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, owed to Lender, whether of a like nature to the Note Indebtedness or not, whether arising from a loan or a purchased obligation, whether incurred for a consumer or a business purpose, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
Grantor also grants to Lender a Uniform Commercial Code security interest in the Personal Property as defined below.
ASSIGNMENT OF RENTS. In addition to the mortgaging of the Real Property to Lender, if Grantor's loan does not constitute a consumer loan as defined in 14A O.S. Section 3-104 and is not made primarily for an agricultural purpose as defined in 14A O.S. Section 1-301(4) to a natural person or to a farm or ranching
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business corporation as defined in 18 O.S. Section 951, Grantor hereby grants to Lender as additional security for the Indebtedness secured by this Mortgage and empowers Lender to collect all Rents (as defined below) from the Property. This grant is known as an "Assignment of Rents," but is sometimes technically denominatd as a pledge since the assignment is conditional and not absolute. This Assignment of Rents is conditioned upon the occurrence of an Event of Default under this Mortgage and becomes effective thereafter, whether or not proceedings have been instituted to foreclose this Mortgage by judicial foreclosure or power of sale upon the earliest of:
(a) Lender taking possession of the Property, and Grantor agrees that upon default Lender or its agent shall have the right to take possession of the Property, collect the Rents, and apply the proceeds to the Indebtedness;
(b) the appointment of a receiver for the Property, and Grantor recognizes that upon the occurrence of an Event of Default under this Mortgage, a court may grant specific performance of Grantor's agreement that Lender will have the right to take possession of the Property by appointment of a receiver in accordance with 12 O.S. Section 1551 (Sixth), which authorizes appointment in all other cases where receivers have been appointed by the usages of the courts of equity, and may also appoint a receiver upon the other grounds for appointment of a receiver set forth in 12 O.S. Section 1551 (Second); or
(c) Lender giving Grantor and any lessees of the Property written notice to pay Rents due after a specified date to Lender, and Grantor recognizes that consistent with 46 O.S. Section 4 when the Lender receives Rents after written notice and does not also enter into physical possession of the Property and exercise exclusive operating control, Lender shall not be deemed to be a "mortgagee in possession," but will account to Grantor regarding Rents actually collected.
Grantor also recognizes that Lender may as part of this Assignment of Rents extend or renew or enter into new leases for periods and payments consistent with the terms and payments customary for leases of the Property. If Lender sends written notice to a lessee obligated to pay under any lease on the Property requesting lessee to direct all Rents payable under the lease to Lender, this Assignment of Rents, when it is effective, shall transfer to Lender the lessee's obligation to pay Grantor the Rents, and Grantor and all lessees agree that no modification, or termination or renewal of a lease prior to or subsequent to that time or advance payment and collection of Rents will be effective against Lender unless Lender consents in writing. If any lessee obligated to pay Lender does not do so, Lender shall have available all remedies to collect the Rents, including without limitation those available to a lessor upon a lessee's failure to perform under a lease. If Grantor occupies the Property, Grantor also agrees to pay to Lender a reasonable rental for the use and occupancy of the Property if after default Lender makes a demand for such payment in writing.
Grantor agrees that this Assignment of Rents will be considered as separate and independent from the Mortgage to the extent that the Assignment of Rents shall continue in effect in favor of the purchaser of the Property upon foreclosure with respect to leases that are not terminated by foreclosure or, at the election of Lender made known before any sale upon foreclosure is concluded, shall continue in effect in favor of Lender with respect to leases that are not terminated by foreclosure until any deficiency owed Lender after foreclosure is satisfied by payments under the leases, at which time further due payments shall accrue to the purchaser of the Property or to the purchaser's assigns.
FUTURE ADVANCES. In addition to the Note, this Mortgage secures all future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, the parties contemplate future advances by Lender, and this Mortgage secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Grantor, together with all interest thereon, whether or not of the same type or class of obligation as the Note; however, in no event shall such future advances (excluding interest) exceed in the aggregate $436,000.00.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE PERSONAL PROPERTY, IS GIVEN TO SECURE: (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions:
Duty to Maintain. Grantor shall maintain the Property in tenable condition and promptly perform all
repairs, replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. This restriction will not apply to rights and easements (such as gas and oil) not owned by Grantor and of which Grantor has informed Lender in writing prior to Grantor's signing of this Mortgage.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or
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any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Oklahoma law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of thirty (30) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain flood insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Flood insurance may be purchased under the National Flood Insurance Program, from private insurers providing "private flood insurance" as defined by applicable federal flood insurance statutes and regulations, or from another flood insurance provider that is both acceptable to Lender in its sole discretion and permitted by applicable federal flood insurance statutes and regulations.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not
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committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. If all or part of the Property is damaged or destroyed by a third party and sums are due from that party or its insurer as a result, whether due to judgment, settlement or other process, these sums shall be applied in the same manner as insurance proceeds under this paragraph.
Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender or Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note or at the highest rate authorized by law, from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon the occurrence of any Event of Default. If Lender is required by law to give Grantor notice before or after Lender makes an expenditure, Grantor agrees that notice sent by regular mail at least five (5) days before the expenditure is made or notice delivered two (2) days before the expenditure is made is sufficient, and that notice within sixty (60) days after the expenditure is made is reasonable.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in
the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired
by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph.
Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor.
Condemnation, Casualty. The taking by rights of eminent domain of all or any portion of the Property or the damage or destruction by an uninsured casualty of the Property.
Default In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter.
Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
Insolvency. The dissolution or termination of the Trust, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or
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accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default, other than a default in payment, is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty that Grantor would be required to pay.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. In any action by Lender for the foreclosure of this Mortgage, whether by judicial foreclosure or power of sale, Lender shall be entitled to the appointment of a receiver upon any failure of Grantor to comply with any term, obligation, covenant, or condition contained in this Mortgage, the Note, or any Related Documents.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property.
Power of Sale.(1) Lender, as an alternative remedy, may elect to foreclose by power of sale, and Grantor authorizes Lender, or Lender's attorney, and grants to Lender, or Lender's attorney, the power (a) to sell and to convey the Property to a purchaser and the purchaser's heirs or assigns, forever, and (b) to foreclose Grantor's rights and the rights of all persons who took an interest in the Property subject to this Mortgage.(2) This right to foreclose and to sell and convey the Property which Grantor has given Lender by contract is called the "power of sale" and may, at the option of Lender, be utilized in lieu of the procedure authorized by law for acceleration and foreclosure by judicial process. The power of sale means that in accordance with applicable Oklahoma law with respect to notice to Grantor and other persons, Grantor's interest and the other persons' interests in the Property can be sold by Lender at public sale and that the proceeds can be applied to pay the accelerated debt evidenced by the Note and any other Indebtedness secured by this Mortgage without Lender having to go to court in a foreclosure action.(3) However, under the power of sale, before Lender, after an Event of Default, declares all sums secured by this Mortgage immediately due and payable irrespective of any maturity date specified in the Note or in this Mortgage, Lender must give Grantor written notice of intention to foreclose by power of sale, which notice informs Grantor how Grantor has failed to perform under this Mortgage and what Grantor must do to cure the failure.(4) Grantor will have the right for thirty-five (35) days from the date notice is sent, or for any other period provided by law, to cure the failure by paying money or otherwise providing the performance due, unless Grantor previously has been in default more than the number of times specified by statute within the previous two (2) years, in which case (a) Lender is entitled immediately to accelerate the sums secured by this Mortgage and to proceed with the power of sale, and (b) Lender is not required to send a
MORTGAGE
(Continued)
notice of intention of foreclosure with any right to cure. If Grantor cures the default or if Lender accepts a partial performance and a promise to complete performance later, Lender may not require immediate payment in full by acceleration. Grantor understands cure of a default or Lender’s acceptance of partial cure and a promise to complete performance later does not affect or compromise Lender’s rights if there is again a default. If Lender so requests, Grantor agrees to sign and return a form stating (a) when Grantor received the notice specified in this paragraph, (b) whether the Property is homestead property, and (c) if so, whether Grantor will elect judicial foreclosure or elect against a deficiency. Grantor understands that Grantor may, but need not, waive a right to cure in any such receipt form if requested by Lender.(5) In any effort to collect the amounts secured by this Mortgage, whether or not involving foreclosure and sale by power of sale, Lender will have the right to collect all costs allowed by law, and Grantor agrees to pay to the extent permitted by law Lender’s legal expenses.
Deficiency Judgment. If permitted by applicable law, Lender may obtain a judgment for any deficiency remaining in the indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section.
Appraisalment. Lender, at Lender’s option, may waive or not waive appraisement of the Property at the time judgment is rendered in any judicial foreclosure of the Property or at any time prior to such foreclosure.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender, to the extent permitted by applicable law, shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor’s failure to perform, shall not affect Lender’s right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the indebtedness.
Attorneys’ Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys’ fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender’s opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender’s attorneys’ fees and Lender’s legal expenses, whether or not there is a lawsuit, including attorneys’ fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors’ reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES. To the extent permitted by applicable law, any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender’s address, as shown near the beginning of this Mortgage.
MORTGAGE
(Continued)
Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. To the extent permitted by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. All prior and contemporaneous representations and discussions concerning such matters either are included in this document or do not constitute an aspect of the agreement of the parties. Except as may be specifically set forth in this Mortgage, no conditions precedent or subsequent, of any kind whatsoever, exist with respect to Grantor's obligations under this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage.
Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oklahoma without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the State of Oklahoma.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the
homestead exemption laws of the State of Oklahoma as to all Indebtedness secured by this Mortgage.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Robert Eugene Bransgrove Revocable Trust and includes all co-signers and co-makers signing the Note and all their successors and assigns.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage.
Grantor. The word "Grantor" means Robert Eugene Bransgrove Revocable Trust.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all Interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Mortgage.
Lender. The word "Lender" means First Security Bank, its successors and assigns.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated May 18, 2022, in the original principal amount of $422,322.60 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. However, should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Personal Property is limited to only those items specifically covered (currently or hereafter) by Coverage A of the standard flood insurance policy issued in accordance with the National Flood Insurance Program or under equivalent coverage similarly issued by a private insurer to
satisfy the National Flood Insurance Act (as amended).
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guarantees, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS.
GRANTOR:
ROBERT EUGENE BRANSGROVE REVOCABLE TRUST
By: Cindy Bransgrove, Trustee
Cindy Bransgrove, Trustee of Robert Eugene Bransgrove Revocable Trust
TREASURER'S ENDORSEMENT
I hereby certify that I received
$275.25 MORTGAGE TAX FEE OF
$5.00 MORTGAGE TAX CERTIFICATION FEE
and issued receipt number 36
therefore in payment on the within mortgage
Date this 18th Day of May, 2022
TEXAS COUNTY TREASURER BY
Buck Privett DEPUTY
TRUST ACKNOWLEDGMENT
STATE OF OKLAHOMA )
COUNTY OF BARTLES )
On this 18th day of May, 2022, before me the undersigned, a Notary Public in and for the above County and State, personally appeared Cindy Bransgrove, Trustee of Robert Eugene Bransgrove Revocable Trust to me known to be the identical person who signed the name of the maker of the Mortgage as its authorized signer, and acknowledged to me that he or she signed the same Mortgage as his or her free and voluntary act and as the free and voluntary act and deed of said trust, for the uses and purposes set forth in the Mortgage.
Signed the 18th day of May, 2022.
Kimberly Johnson
Notary Public
My Commission Expires: 4-8-24
COMMERCIAL NOTE
BORROWER(S) EXACT LEGAL NAME/ADDRESS (Joint and Severally)
Robert E Bransgrove Family Trust
Robert E. Bransgrove, Trustee
RR 1 Box 114
Balco, OK 73931
LENDER(S) NAME/ADDRESS (You or Your)
First Security Bank
16 South Douglas
PO BOX 847
Beaver, OK 73932-0847
DATE: 05/09/2011
MATURITY DATE: 11/1/2026
NOTE NUMBER: 64178
LOAN AMOUNT: $38,725.00*
OFFICER NAME: Chris Berry
RENEWAL OF:
For the value received, the undersigned jointly and severally promise(s) to pay to the order of Lender, at Lender's address above, the principal sum of: $38,725.00*, together with interest on the unpaid balance at the interest rate set forth in the following manner:[X]Fixed Rate of ____________ per annum;[ ]Variable Rate which will vary with the Index Rate established by Lender from time to time and be equal to Index Rate, plus 2.00 percentage points. Each increase or decrease in the interest rate due to a change in the Index Rate shall become effective on the calendar day such change in the Index Rate takes effect. Index Rate is currently 3.25 . The following Index shall apply: Variable interest rate adjusts every five years to be New York Prime plus 2.00%. Initial rate adjustment 09/24/2014. Initial rate 6.0% Minimum rate 6.0% Maximum rate 8.0%.
*****LOAN DOCUMENT FEE OF $25.00 INCLUDED.**********
Any increase or decrease of Finance Charge will result:
[ ]in a longer or shorter period of payments; or [ ]in larger or smaller final payment; or [X]in larger or smaller periodic payments; or [ ]in larger or smaller single payment.
Rate Changes will occur: EVERY 5 YEARS Interest computed on: [ ]365/365 [ ]360/360 [X]365/360
The Minimum Interest Rate: 6.00% The Maximum Interest Rate will not exceed: 8.00
[ ]Open End Borrower agrees to borrow up to the Principal Sum more than one time.
[X]Closed End Borrower agrees to borrow up to the Principal Sum only one time.
Expiration Date: 11/01/2025
Post Maturity: Borrower agrees to pay at a rate of 21.00% per year on the balance not paid at Maturity or Maturity by Acceleration.
Late Charges: 5% of Scheduled Payment
Demand Note: [X] obligation is payable on demand.
[ ]all disclosures are based on an assumed maturity of one year.
SCHEDULE OF PAYMENTS - This Promissory Note is:
[ ]payable in full on
[ ]payable in consecutive [ ]monthly [ ]quarterly [ ]semi-annual [ ]annual installments,
commencing on ____________, in equal payments of _______________________
and all the unpaid principal and interest, due at Maturity.
[ ]with interest payable ___________________ commencing on ___________________
[X]payable as follows: 15 payments of $3,871.49 paid Annual beginning 11/1/2011; 1 payments of $486.55 paid 11/1/2026
[ ]additional provisions:
SECURITY:
This note is secured by separate security agreement(s) dated:
This note is secured by separate mortgage(s) or Deed(s) of Trust and related documents; date: 05/09/2011
This note is subject to loan agreement(s) dated: 05/09/2011
BORROWER(S) REPRESENT HEREWITH THAT THE LOAN EVIDENCED HEREBY IS BEING OBTAINED FOR BUSINESS PURPOSES, NOT FOR FAMILY, HOUSEHOLD OR PERSONAL USE.
THIS NOTE CONSTITUTES A "WRITTEN AGREEMENT." THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, SUBSEQUENT OR FUTURE ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS DOCUMENT, AND AGREES TO THE TERMS, CONDITIONS AND THE ADDITIONAL PROVISIONS SET FORTH ON THE REVERSE SIDE HEREOF, THE SAME BEING INCORPORATED HEREIN BY REFERENCE.
NOTICE TO CO-SIGNER(S): You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the Borrower does not pay. You also may have to pay late fees or collection costs, which increase this amount. The Lender can collect this debt from you without first trying to collect from the Borrower. The Lender may use the same collection measures against you that can be used against the Borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record. This notice is not the contract that makes you liable for the debt. By signing below, you acknowledge that you read the above Notice.
05/09/2011
Robert E Bransgrove Family Trust
05/09/2011
Robert E. Bransgrove, Trustee
ADDITIONAL TERMS OF THE NOTE
BORROWER/DEBTOR HEREBY FURTHER WARRANTS, COVENANTS, AND AGREES AS FOLLOWS:
USURY SAVINGS AND SPREADING CLAUSE - All interest paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full period (including any renewal or extension) until payment in full of the principal so that the interest hereon for such full period shall not exceed the maximum amount permissible under applicable law. Lender expressly disavows any intent to contract for, charge or receive interest in an amount which exceeds the maximum amount permissible under applicable law. In determining the highest lawful rate, all fees and other charges contracted for, charged or received by Lender in connection with the loan evidenced by this Note which are either deemed interest by applicable law or required by applicable law to be deducted from the principal balance of this Note to determine the rate of interest hereon shall be taken into account. This paragraph shall control all agreements between Borrower and Lender.
DEFINITIONS - "I," "me" or "my" means each Borrower who signs this note. "You" or "your" means the Lender and its successors and assigns.
DEFAULT - I will be in default under this Note and Security Agreement(s) listed on page 1 if any one of the following events occur: (a) I fail to make any payment of this loan when it is due; (b) Another creditor tries legally to take any of the Collateral; (c) I fail to perform any other promise or obligation under this Note or under any other security agreement covering this loan; (d) Any guarantor of this loan or I die, dissolve or terminate, or become the subject of a bankruptcy or insolvency proceeding; (e) Any item of the Collateral is stolen, damaged beyond reasonable repair, or destroyed whether or not such loss is fully insured;
(f) Any representation that any guarantor or I have made to obtain this proves to have been false when made; (g) Any guarantor or I breach any other credit agreement with the Bank; (h) The Bank reasonably believes that it is insecure in the repayment of this loan.
REMEDIES UPON DEFAULT - Upon my default, at the Lender's option and without any demand or notice to me, the Lender may treat this loan in default and do any one or more of the following: (a) Declare all amounts I owe the Lender under this Note immediately due and payable. (b) Take any reasonable measures intended to remedy the default or to prevent or reduce any loss to the Lender. This includes purchasing insurance on my behalf if I fail to maintain the required property insurance or to deliver such policies or acceptable written evidence of the policies to the Lender. Such insurance may insure only the Lender's interest in the Collateral and may not provide any coverage for me. Any amounts the Lender spends or costs it incurs in exercising this remedy will bear interest from the date they are advanced at the Highest Rate allowed under applicable state law and will be payable upon the Lender's demand. (c) Foreclose on the Lender's security interests as permitted by law. This includes repossessing the Collateral and disposing of it in one or more public or private sales. The Lender may then credit the disposition proceeds first to the Lender's reasonable expenses for repossessing, transporting, storing, repairing, and selling or otherwise disposing of the Collateral and then to repayment of my loan obligation (including any amounts the Lender expends or costs it incurs under this Note). I will permit voluntarily the Lender to repossess the Collateral. If the net proceeds of a sale or other disposition are less than what I owe the Lender under this Note, I promise the Lender this difference upon the Lender's demand, together with interest at the Highest Rate allowed under applicable state law until this difference is paid. (d) Collect from me all collection costs and legal expenses, including attorney fees, the Lender incurs in exercising its rights and remedies, which I shall pay on demand. (e) Take any amount I owe from my account I have with the Lender, without giving me notice first.
RIGHT OF SETOFF - If any of the above events of default should occur, Debtor's obligations evidenced by this Note shall immediately become due and payable, without advance notice except as may be specifically required by statute, and Lender shall be and is herewith expressly authorized to exercise its Right of Set-Off as to any monies deposited in demand checking, time, savings or other accounts of any nature maintained in and with it by any of the undersigned, without advance notice. Said Right of Set-Off shall also be applicable and may be exercised where Lender is indebted to any signer hereof by reason of any Certificate of Deposit, Bond, Note or otherwise.
VARIABLE INTEREST RATE - This Promissory Note provides for an interest rate which varies based on changes in Lender's "Index Rate." Debtor understands and agrees that Lender's Prime Rate is an interest index rate which is set and changed by Lender at its discretion from time to time and which is designated by Lender as its "Index Rate" to which many loans it makes are tied and that such rate is not represented or intended to be the lowest or most favorable interest rate charged by Lender.
WAIVER OF CERTAIN RIGHTS - If the Lender delays enforcement or decides not to enforce any of the provisions of this Note, including my Note to make timely payments, it will not lose its right to enforce the same provisions later nor any other provisions of this Note. I waive the right to receive notice of any waiver or delay or presentment, demand, protest, or dishonor. I also waive any applicable statute of limitations to the full extent permitted by law and I waive any right I may otherwise have to require the Lender to proceed against any person or security before suing me to collect this loan.
LEGAL COSTS - If the Lender has to hire an attorney to enforce its rights under this Note and Security Agreement, I will be responsible for paying all collection costs and legal expenses, including attorney fees to the extent permitted by law.
INSURANCE - Unless otherwise indicated, the cost of credit life insurance and/or credit disability insurance is for the term of the loan.
CHANGES IN TERMS OF LOAN AND NOTICE - Unless I tell the Lender of a change of address, the Lender will use the address listed on my application if I must be contacted. All changes in the terms to this Note and Security Agreement must be made in writing by me and the Lender.
COLLATERAL - As security for my obligations under this Agreement, including any extension, renewal, or modification of this loan, I grant to the Lender a security interest in the proceeds and refunded premiums of any credit insurance I obtain under this Agreement. I also grant a security interest in the property (listed on separate Security Agreement(s) detailed on page 1), which includes any installed or affixed equipment or parts and the proceeds of the described property and the proceeds and refunded premiums of any insurance the Lender requires under this agreement (such property and proceeds hereinafter the "Collateral").
OWNERSHIP OF COLLATERAL - Except for the security interest granted hereby, I am the owner of the Collateral, free and clear of any other lien, security interest, or encumbrance whatsoever.
LENDER'S AUTHORITY TO SIGN DOCUMENTS - I irrevocably authorize the Lender to sign on my behalf any documents needed to carry out any of the provisions of this Note.
ENVIRONMENTAL COMPLIANCE - On the date hereof, Borrower is in compliance with, and will continue to comply with, all applicable local, state and federal environmental laws, regulations, ordinances, and administrative and judicial orders relating to the generation, recycling, reuse, sale, storage, handling, transport and disposal of any hazardous or toxic substance or material, including, but not limited to, urea formaldehyde foam insulation, asbestos and petroleum products. If Borrower violates, or a claim is made that Borrower has violated, any local, state or federal environmental law, regulation or ordinance or administrative or judicial order, Borrower will notify Lender within 30 days after the violation occurs or the claim is made. Lender and its representatives have a right to inspect, during normal business hours, any property of Borrower to insure compliance with those provisions.
SEVERABILITY - Each word and sentence of this agreement shall be deemed severable from the remainder of the agreement. Invalidation of any element of this agreement shall not invalidate the remainder of the agreement.
COLLATERAL PROTECTION INSURANCE NOTICE - As part of this agreement, I am giving you a security interest in the Property described in the Security Agreement(s) listed on page 1. I am required to maintain insurance on the Property in an amount at least equal to my indebtedness. I agree to purchase the insurance from an insurer authorized to do business in Oklahoma or an eligible surplus lines insurer. I will name you as loss payee under the policy. I understand that I may be required to deliver a copy of the property insurance policy and proof of payment of premiums to you. If I fail to meet any of these requirements, you may obtain collateral protection insurance on my behalf. If you purchase insurance for the Property, I will be responsible for the cost of that insurance including interest and any other charges incurred by you in connection with the placement of collateral protection insurance.
TIME IS OF THE ESSENCE - Time is of the essence with respect to all provisions of this Note and all other loan documents.
THIS NOTE SHALL BE GOVERNED BY THE LAWS OF THE U.S. AND THE STATE OF THE LENDER'S MAIN OFFICE. There shall be no amendment to this agreement except in writing by all parties.
REAL ESTATE MORTGAGE WITH POWER OF SALE
KNOW ALL PERSONS BY THESE PRESENTS that:
Robert E Branegrove Family Trust
Robert E. Branegrove, Trustee
RR 1 Box 114
Baklo, OK 73931
(called Mortgagor; whether one or more) mortgages to:
First Security Bank
Beaver, OK 73832-0847
(called "Mortgagee;" whether one or more and which term shall be construed to include Mortgagee's successors and assigns) the following described real estate and premises located in
BEAVER
County, State of Oklahoma:
SITUATED IN BEAVER COUNTY, STATE OF OKLAHOMA, TO-WIT: AN UNDIVIDED FIVE-TWELFTHS OF THE SURFACE AND WATER AND WIND RIGHTS OF THE WEST HALF (6/12ths of W1/2) OF SECTION TWO (2), TOWNSHIP ONE (1) NORTH, RANGE TWENTY (20) ECM, BEAVER COUNTY, OKLAHOMA, TOGETHER WITH AN UNDIVIDED FIVE-TWELFTHS OF FIVE-SIXTHS (5/12ths of 5/6ths) INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN, UNDER OR THAT MAY BE PRODUCED FROM THE ABOVE DESCRIBED REAL ESTATE.
with all the buildings and other improvements located or constructed on the real estate, all fixtures, personal property used on or in, and appurtenances to the real estate, and Mortgagor assigns and pledges all rents, issues, profits and income derived from the above real estate (collectively referred to as the "Mortgaged Property"). This Mortgage and assignment of rents, issues, profits and income derived from the Mortgaged Property creates a security interest in the Mortgaged Property and like kind future property from the time the Mortgage and assignment is granted even though enforcement of the assignment of rents, issues, profits and income maybe delayed until default.
Mortgagor warrants the title to the Mortgaged Property.
This Mortgage is given to secure the payment and performance of all of the following (collectively, the "Debt"):
(a) The indebtedness evidenced by the following described promissory Note(s) (the "Note:" whether one or more) and any modifications, renewals or substitutions of the Note:
NOTE: #84178 PRINCIPAL: $38,725.00 INTEREST: $10,347.16 MATURITY DATE: 11/01/2025
(b) All sums advanced or paid by Mortgagee on account of the failure of the Mortgagor to comply with the terms or covenants of this Mortgage or other documents signed by the Mortgagor;
(c) All future loans and advances and all future renewals of loans which Mortgagee may make to Mortgagor or to the Debtor identified in the Note, if different from Mortgagor (the "Debtor"); and all other debts, obligations and liabilities of every kind and character of Mortgagor or Debtor now existing, whether or not explicitly referred to, or arising in the future in favor of Mortgagee, whether direct or indirect, absolute or contingent, or originally payable to Mortgagee or any other person; and any renewals or extensions; provided, however, if the Mortgaged Property includes Mortgagor's principal dwelling or is otherwise a 1 to 4 family dwelling, the Mortgaged Property will not secure any future loan, advance, debt, obligation or liability taken or incurred principally for a personal, family or household purpose.
Mortgagor further agrees (a) to pay and discharge all taxes and assessments on the Mortgaged Property before they become delinquent; (b) to keep all the Mortgaged Property and improvements insured and under policies which are acceptable to, and for the benefit of, the Mortgagee; (c) to cure all title defects or clouds on or claims against Mortgagee's title which may arise or be discovered; (d) to keep all the Mortgaged Property in good condition and repair, and to repair or replace any damaged or destroyed Mortgaged Property; and (e) to discharge any levies, liens, attachments, or other claims which may be asserted against the Mortgaged Property. Mortgagor also agrees with respect to the Mortgaged Property to comply with all environmental laws and regulations now in force or later passed and to disclose to Mortgagee at all times information regarding the environmental status of the Mortgaged Property. Mortgagee retains Mortgagee's right to obtain additional environmental information regarding the Mortgaged Property, Mortgagee also grants Mortgagee or its agent a license to enter onto the Mortgaged Property and inspect it for any reason; further agreements, documents Mortgagee is subject to liability associated with the Mortgaged Property. The discovery of undisclosed environmental hazards at the Mortgaged Property may at option of Mortgagee be considered an Event of Default under this Mortgage. In the Event of the failure of the Mortgagor to fulfill the agreements of this paragraph, the Mortgagee may purchase insurance or pay taxes, assessments or other liens and appropriate sums to protect the Mortgaged Property, and shall have a lien secured by this Mortgage and assignment for the amount of those sums with interest on those amounts at the maximum rate of interest on any part of the Debt secured by this Mortgage and assignment.
If the Mortgaged Property is Mortgagor's homestead and one of the Mortgagors is the spouse of another Mortgagor or the Borrower identified in the Note but is not obligated under the Note, and is only signing this Mortgage to satisfy the requirements of Title 16 Okla. Stat. § 4 (which requires a spouse to sign a mortgage on homestead property), then such Mortgagor is not obligated under the provisions of the immediately preceding paragraph and is only signing this Mortgage to convey his or her interest in the Mortgaged Property.
BOC: 1246 - 318
If Mortgagee is required to give Mortgagor notice, notice mailed or delivered at least 5 days before action is taken will be considered reasonable.
Mortgagor confers on Mortgagee or its attorney or agent the power to sell the Mortgaged Property and the interests of all persons in it in the manner provided in the Oklahoma Power of Sale Mortgage Foreclosure Act (Title 46 Okla. Stat. § 44 et seq.). On the occurrence of an Event of Default (as described in this Mortgage), Mortgagee may, at its option, accelerate payment of the Debt so that all the Debt shall be immediately due and payable and may either exercise the Power of Sale or foreclose this Mortgage in a judicial foreclosure. The following are considered "Events of Default": (a) any default in payment of the Debt or performance under the Note; (b) Mortgagor fails to perform any covenant or agreement contained in this Mortgage or in any other indebtedness, obligation or agreement of the Mortgagor to Mortgagee or to another; (c) Mortgagor sells, conveys, transfers, hypothecates, or in any other manner ceases to be the owner or in possession of all or any portion of or interest in the Mortgaged Property, except as agreed to by Mortgagee in writing or as permitted under applicable law; or (d) Mortgagee believes the prospect of payment under the Note is impaired or the Mortgaged Property is in jeopardy.
Subject to the provisions of the Oklahoma Power of Sale Mortgage Foreclosure Act, Mortgagee may accelerate payment of the Debt for the reasons stated in this Mortgage without notice to, or demand on, Mortgagor.
The Mortgagor irrevocably appoints the Mortgagee its lawful attorney in fact, with Power of Attorney in its name and stead to collect any income, rents, issues and profits arising from or accruing at any time that are due under each and all of the leases, contracts and agreements, written or verbal, now existing or existing in the future with reference to the Mortgaged Property with the same rights and powers and subject to the same immunities, exoneration of liability and rights of recourse, and indemnity as the Mortgagor would have. As often as any action may be taken to foreclose this Mortgage or to exercise rights under the Power of Sale Mortgage Foreclosure Act, the Mortgagor agrees to pay an attorney's fee to the Mortgagee equal to the greater of a sum of not less than 15% of the amount due or the incurred attorney's fee, in addition to other sums due, which shall be secured by this Mortgage.
If there is a foreclosure of this Mortgage other than by Power of Sale, Mortgagee waives appraisement of the Mortgaged Property, unless Mortgagee seeks an appraisal. Appraisal shall beat the sole option of the Mortgagee, to be declared when the petition to foreclose is filed or when judgment is taken.
Mortgagor understands and agrees that on Mortgagor's default, a court may grant specific performance of Mortgagor's agreements in this Mortgage, and Mortgagee will have the right to take possession of the Mortgaged Property by appointing a receiver in accordance with Title 12 Okla. Stat. § 1551.2(c) which authorizes appointment when a condition of a mortgage has not been performed and the mortgage provides for appointment of a receiver. The court may also appoint a receiver upon other grounds as specified in Title 12 Okla. Stat. § 1551.
"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."
MORTGAGOR(S) SIGNATURE(S)
Signed and Delivered on this Date:
Date 05/09/2011
Robert E Branagrove Family Trust
Robert E Branagrove, Trustee
STATE OF OKLAHOMA
COUNTY OF BEAVER } SS.
Chin Berry
NOTARY PUBLIC
STATE OF OKLAHOMA
COUNTY OF BEAVER } SS.
Chin Berry
NOTARY PUBLIC
STATE OF OKLAHOMA
COUNTY OF BEAVER } SS.
NAME OF OFFICER
TITLE
NAME OF CORPORATION, Corporation, on behalf of the Corporation.
STATE OF INCORPORATION
STATE OF OKLAHOMA
COUNTY OF BEAVER } SS.
NAME OF ACKNOWLEDGING PARTNER OR AGENT
NAME OF PARTNERSHIP
COMMERCIAL NOTE
BORROWER(S) EXACT LEGAL NAME/ADDRESS (Joint and Severally)
Robert Eugene Branagrove
Revocable Trust dated March10, 2014
Robert Eugene Branagrove, Trustee
RR 1 Box 114, Baiko, OK 73931
LENDER(S) NAME/ADDRESS (You or Your)
First Security Bank
15 South Douglas
PO BOX 847
Beaver, OK 73932-0947
DATE: 4/25/2014
MATURITY DATE: 11/1/2028
NOTE NUMBER: 68837
LOAN AMOUNT: $1000.00
OFFICER NAME: Chris Berry
RENEWAL OF: 68885
For the value received, the undersigned jointly and severally promise(s) to pay to the order of Lender, at Lender's address above, the principal sum of: $1000.00 , together with interest on the unpaid balance at the interest rate set forth in the following manner: [ ] Fixed Rate of _____ per annum; [X] Variable Rate which will vary with the Index Rate established by Lender from time to time and be equal to Index Rate, plus 1.0 percentage points. Each increase or decrease in the interest rate due to a change in the Index Rate shall become effective on the calendar day such change in the Index Rate takes effect. Index Rate is currently 3.25%. The following Index shall apply: New York Prime as published in the Wall Street Journal Adjusted Without Notice To Borrower. Initial Loan Rate - 4.25%. Initial rate adjustment 4/25/2018 and every 5 years thereafter.
Any increase or decrease of Finance Charge will result:
[ ] in a longer or shorter period of payments; or [ ] in larger or smaller final payment; or [X] in larger or smaller periodic payments; or
[ ] in larger or smaller single payment.
Rate Changes will occur: Every 5 years Interest computed on: [ ] 365/365 [ ] 360/360 [X] 365/360
The Minimum Interest Rate: 4.25% The Maximum Interest Rate will not exceed: 21.00%
[ ] Open End Borrower agrees to borrow up to the Principal Sum more than one time.
[X] Closed End Borrower agrees to borrow up to the Principal Sum only one time.
Expiration Date: 11/1/2028
Post Maturity: Borrower agrees to pay at a rate of 21.00% per year on the balance not paid at Maturity or Maturity by Acceleration.
Late Charges: 5% of Scheduled Payment
Demand Note: [X] obligation is payable on demand.
[ ] all disclosures are based on an assumed maturity of one year.
SCHEDULE OF PAYMENTS – This Promissory Note is:
[ ] payable in full on
[ ] payable in consecutive [ ] monthly [ ] quarterly [ ] semi-annual [ ] annual installments,
commencing on ________, in equal payments of ________,
and all the unpaid principal and interest, due at Maturity.
[ ] with interest payable commencing on ________
[X] payable as follows: 14 payments of $8,201.00 paid Annually beginning 11/1/2014; 1 payment of $8,147.62 paid 11/1/2028
[ ] additional provisions:
SECURITY:
This note is secured by separate security agreements(s) dated:
This note is secured by separate mortgage(s) or Deed(s) of Trust and related document(s) date: 04/25/2014
This note is subject to loan agreement(s) dated: 04/25/2014
BORROWER(S) REPRESENT HEREWITH THAT THE LOAN EVIDENCED HEREBY IS BEING OBTAINED FOR BUSINESS PURPOSES, NOT FOR FAMILY, HOUSEHOLD OR PERSONAL USE.
THIS NOTE CONSTITUTES A "WRITTEN AGREEMENT." THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, SUBSEQUENT OR FUTURE ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS DOCUMENT, AND AGREES TO THE TERMS, CONDITIONS AND THE ADDITIONAL PROVISIONS SET FORTH ON THE REVERSE SIDE HEREOF, THE SAME BEING INCORPORATED HEREIN BY REFERENCE.
NOTICE TO CO-SIGNER(S): You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of this debt if the Borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The Lender can collect this debt from you without first trying to collect from the Borrower. The Lender can use the same collection methods against you that can be used against the Borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record. This notice is not the contract that makes you liable for the debt. By signing below, you acknowledge that you read the above Notice.
ROBERT EUGENE BRANAGROVE TRSTEE 4/25/14
Robert Eugene Branagrove, Trustee Date
Date
ADDITIONAL TERMS OF THE NOTE
BORROWER/DEBTOR HEREBY FURTHER WARRANTS, COVENANTS, AND AGREES AS FOLLOWS:
USURY SAVINGS AND SPREADING CLAUSE - All interest paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full period (including any renewal or extension) until payment in full of the principal so that the interest hereon for such full period shall not exceed the maximum amount permissible under applicable law. Lender expressly disavows any intent to contract for, charge or receive interest in an amount which exceeds the maximum amount permissible under applicable law. In determining the highest lawful rate, all fees and other charges contracted for, charged or received by Lender in connection with the loan evidenced by this Note which are either deemed interest by applicable law or required by applicable law to be deducted from the principal balance of this Note to determine the rate of interest hereon shall be taken into account. This paragraph shall control all agreements between Borrower and Lender.
DEFINITIONS - "I," "me" or "my" means each Borrower who signs this note. "You" or "your" means the Lender and its successors and assigns.
DEFAULT - I will be in default under this Note and Security Agreement(s) listed on page 1 if any one of the following events occur: (a) I fail to make any payment of this loan when it is due; (b) Another creditor tries legally to take any of the Collateral; (c) I fail to perform any other promise or obligation under this Note or under any other security agreement covering this loan; (d) Any guarantor of this loan or I die, dissolve or terminate, or become the subject of a bankruptcy or insolvency proceeding; (e) Any item of the Collateral is stolen, damaged beyond reasonable repair, or destroyed whether or not such loss is fully insured; (f) Any representation that any guarantor or I have made to obtain this proves to have been false when made; (g) Any guarantor or I breach any other credit agreement with the Bank; (h) The Bank reasonably believes that it is insecure in the repayment of this loan.
REMEDIES UPON DEFAULT - Upon my default, at the Lender's option and without any demand or notice to me, the Lender may treat this loan in default and do any one or more of the following: (a) Declare all amounts I owe the Lender under this Note immediately due and payable. (b) Take any reasonable measures intended to remedy the default or to prevent or reduce any loss to the Lender. This includes purchasing insurance on my behalf if I fail to maintain the required property insurance or to deliver such policies or acceptable written evidence of the policies to the Lender. Such insurance may insure only the Lender's interest in the Collateral and may not provide any coverage for me. Any amounts the Lender spends or costs it incurs in exercising this remedy will bear interest from the date they are advanced at the Highest Rate allowed under applicable state law and will be payable upon the Lender's demand. (c) Foreclose on the Lender's security interests as permitted by law. This includes repossessing the Collateral and disposing of it in one or more public or private sales. The Lender may then credit the disposition proceeds first to the Lender's reasonable expenses for repossessing, transporting, storing, repairing, and selling or otherwise disposing of the Collateral and then to repayment of my loan obligation (including any amounts the Lender expends or costs it incurs under this Note). I will permit voluntarily the Lender to repossess the Collateral. If the net proceeds of a sale or other disposition are less than what I owe the Lender under this Note, I promise the Lender this difference upon the Lender's demand, together with interest at the Highest Rate allowed under applicable state law until this difference is paid. (d) Collect from me all collection costs and legal expenses, including attorney fees, the Lender incurs in exercising its rights and remedies, which I shall pay on demand. (e) Take any amount I owe from my account I have with the Lender, without giving me notice first.
RIGHT OF SETOFF - If any of the above events of default should occur, Debtor's obligations evidenced by this Note shall immediately become due and payable, without advance notice except as may be specifically required by statute, and Lender shall be and is herewith expressly authorized to exercise its Right of Set-Off as to any monies deposited in demand checking, time, savings or other accounts of any nature maintained in and with it by any of the undersigned, without advance notice. Said Right of Set-Off shall also be applicable and may be exercised where Lender is indebted to any signer hereof by reason of any Certificate of Deposit, Bond, Note or otherwise.
VARIABLE INTEREST RATE - This Promissory Note provides for an interest rate which varies based on changes in Lender's "Index Rate." Debtor understands and agrees that Lender's Prime Rate is an interest index rate which is set and changed by Lender at its discretion from time to time and which is designated by Lender as its "Index Rate" to which many loans it makes are tied and that such rate is not represented or intended to be the lowest or most favorable interest rate charged by Lender.
WAIVER OF CERTAIN RIGHTS - If the Lender delays enforcement or decides not to enforce any of the provisions of this Note, including my Note to make timely payments, it will not lose its right to enforce the same provisions later nor any other provisions of this Note. I waive the right to receive notice of any waiver or delay or presentment, demand, protest, or dishonor. I also waive any applicable statute of limitations to the full extent permitted by law and I waive any right I may otherwise have to require the Lender to proceed against any person or security before suing me to collect this loan.
LEGAL COSTS - If the Lender has to hire an attorney to enforce its rights under this Note and Security Agreement, I will be responsible for paying all collection costs and legal expenses, including attorney fees to the extent permitted by law.
INSURANCE - Unless otherwise indicated, the cost of credit life insurance and/or credit disability insurance is for the term of the loan.
CHANGES IN TERMS OF LOAN AND NOTICE - Unless I tell the Lender of a change of address, the Lender will use the address listed on my application if I must be contacted. All changes in the terms to this Note and Security Agreement must be made in writing by me and the Lender.
COLLATERAL - As security for my obligations under this Agreement, including any extension, renewal, or modification of this loan, I grant to the Lender a security interest in the proceeds and refunded premiums of any credit insurance I obtain under this Agreement. I also grant a security interest in the property (listed on separate Security Agreement(s) detailed on page 1), which includes any installed or affixed equipment or parts and the proceeds of the described property and the proceeds and refunded premiums of any insurance the Lender requires under this agreement (such property and proceeds hereinafter the "Collateral").
OWNERSHIP OF COLLATERAL - Except for the security interest granted hereby, I am the owner of the Collateral, free and clear of any other lien, security interest, or encumbrance whatsoever.
LENDER'S AUTHORITY TO SIGN DOCUMENTS - I irrevocably authorize the Lender to sign on my behalf any documents needed to carry out any of the provisions of this Note.
ENVIRONMENTAL COMPLIANCE - On the date hereof, Borrower is in compliance with, and will continue to comply with, all applicable local, state and federal environmental laws, regulations, ordinances, and administrative and judicial orders relating to the generation, recycling, reuse, sale, storage, handling, transport and disposal of any hazardous or toxic substance or material, including, but not limited to, urea formaldehyde foam insulation, asbestos and petroleum products. If Borrower violates, or a claim is made that Borrower has violated, any local, state or federal environmental law, regulation or ordinance or administrative or judicial order, Borrower will notify Lender within 30 days after the violation occurs or the claim is made. Lender and its representatives have a right to inspect, during normal business hours, any property of Borrower to insure compliance with these provisions.
SEVERABILITY - Each word and sentence of this agreement shall be deemed severable from the remainder of the agreement. Invalidation of any element of this agreement shall not invalidate the remainder of the agreement.
COLLATERAL PROTECTION INSURANCE NOTICE - As part of this agreement, I am giving you a security interest in the Property described in the Security Agreement(s) listed on page 1. I am required to maintain insurance on the Property in an amount at least equal to my indebtedness. I agree to purchase the insurance from an insurer authorized to do business in Oklahoma or an eligible surplus lines insurer. I will name you as loss payee under the policy. I understand that I may be required to deliver a copy of the property insurance policy and proof of payment of premiums to you. If I fail to meet any of these requirements, you may obtain collateral protection insurance on my behalf. If you purchase insurance for the Property, I will be responsible for the cost of that insurance including interest and any other charges incurred by you in connection with the placement of collateral protection insurance.
TIME IS OF THE ESSENCE - Time is of the essence with respect to all provisions of this Note and all other loan documents.
THIS NOTE SHALL BE GOVERNED BY THE LAWS OF THE U.S. AND THE STATE OF THE LENDER'S MAIN OFFICE. There shall be no amendment to this agreement except in writing by all parties.
BOOK 1312 PAGE 0509
REAL ESTATE MORTGAGE WITH POWER OF SALE
KNOW ALL PERSONS BY THESE PRESENTS that:
Robert Eugene Bransgrove
Revocable Trust dated March 10, 2014
Robert Eugene Bransgrove, Trustee
RR 1 Box 114, Balta, OK 73831
(called Mortgagor, whether one or more) mortgages to:
First Security Bank Beaver, OK 73832-9647
(called "Mortgagee," whether one or more and which term shall be construed to include Mortgagee's successors and assignees) the following described real estate and premises located in Beaver County, State of Oklahoma:
The East Half (1/2) of Section Thirty-three (33), Township One (1) North, Range Twenty (20) East of the Cimarron Meridian, Beaver County, Oklahoma including an undivided one-fourth (1/4) mineral interest and Lot One (1), of Section four (4), Township One (1) South, Range Twenty (20), East of the Cimarron meridian containing 7.56 acres more or less, Beaver County, Oklahoma
with all the buildings and other improvements located on or constructed on the real estate, all fixtures, personal property used on or in, and appurtenances to the real estate, and Mortgagor assigns and pledges all rents, issues, profits and income derived from the above real estate (collectively referred to as the "Mortgaged Property"). This Mortgage and assignment of rents, issues, profits and income derived from the Mortgaged Property creates a security interest in the Mortgaged Property and like kind future property from the time the Mortgage and assignment is granted even though enforcement of the assignment of rents, issues, profits and income maybe delayed until default.
Mortgagor warrants the title to the Mortgaged Property.
This Mortgage is given to secure the payment and performance of all of the following (collectively, the "Debt"):
(a) The indebtedness evidenced by the following described promissory Note(s) (the "Note," whether one or more) and any modifications, renewals or substitutions of the Note:
Loan #888837 in the original principal amount of $81,000.00 with Interest per the terms of the loan
(b) All sums advanced or paid by Mortgagee on account of the failure of the Mortgagor to comply with the terms or covenants of this Mortgage or other documents signed by the Mortgagor;
(c) All future loans and advances and all future renewals of loans which Mortgagee may make to Mortgagor or to the Debtor identified in the Note, if different from Mortgagor (the "Debtor"); and all other debts, obligations and liabilities of every kind and character of Mortgagor or Debtor now existing, whether or not explicitly referred to, or arising in the future in favor of Mortgagee, whether direct or indirect, absolute or contingent, or originally payable to Mortgagee or any other person, and any renewals or extensions; provided, however, if the Mortgaged Property includes Mortgagor's principal dwelling or is otherwise a 1 to 4 family dwelling, such Mortgaged Property will not secure any future loan, advance, debt, obligation or liability taken or incurred principally for a personal, family or household purpose.
Mortgagor further agrees (a) to pay and discharge all taxes and assessments on the Mortgaged Property before they become delinquent; (b) to keep all the Mortgaged Property and improvements insured under policies which are acceptable to, and for the benefit of, the Mortgagee; (c) to cure all title defects or clouds on or claims against Mortgagee's title which may arise or be discovered; (d) to keep all the Mortgaged Property in good condition and repair, and to repair or replace any damaged or destroyed Mortgaged Property; and (e) to discharge any levies, liens, attachments, or other claims which may be asserted against the Mortgaged Property. Mortgagor also agrees with respect to the Mortgaged Property to comply with all environmental laws and regulations now in force or later promulgated and to disclose to Mortgagee at all times information regarding the environmental status of the Mortgaged Property. Mortgagee grants Mortgagee the right to acquire additional environmental information regarding the Mortgaged Property. Mortgagee also grants Mortgagee or its agents a license to enter onto the Mortgaged Property and inspect it for any reason and further agrees to indemnify Mortgagee for any liability associated with the Mortgaged Property. The discovery of undisclosed environmental hazards on the Mortgaged Property may at option of Mortgagee be considered an Event of Default under this Mortgage. In the Event of the failure of the Mortgagor to fulfill the agreements of this paragraph, the Mortgagee may purchase insurance or pay taxes, assessments or other liens and appropriate sums to protect the Mortgaged Property, and shall have a lien secured by this Mortgage and assignment for the amount of those sums with interest on those amounts at the maximum rate of interest on any part of the Debt secured by this Mortgage and assignment.
If the Mortgaged Property is Mortgagor's homestead and one of the Mortgagors is the spouse of another Mortgagor or the Borrower identified in the Note but is not obligated under the Note, and is only signing this Mortgage to satisfy the requirements of Title 16 Okla. Stat. § 4 (which requires a spouse to sign a mortgage on homestead property), then such Mortgagor is not obligated under the provisions of the immediately preceding paragraph and is only signing this Mortgage to convey his or her interest in the Mortgaged Property.
BOOK 1312 PAGE 0510
If Mortgagee is required to give Mortgagor notice, notice mailed or delivered at least 5 days before action is taken will be considered reasonable.
Mortgagor confers on Mortgagee or its attorney or agent the power to sell the Mortgaged Property and the interests of all persons in it in the manner provided in the Oklahoma Power of Sale Mortgage Foreclosure Act (Title 46 Okla. Stat. § 44 et seq.). On the occurrence of an Event of Default (as described in this Mortgage), Mortgagee may, at its option, accelerate payment of the Debt so that all the Debt shall be immediately due and payable and may either exercise the Power of Sale or foreclose this Mortgage in a judicial foreclosure. The following are considered "Events of Default": (a) any default in payment of the Debt or performance under the Note; (b) Mortgagor fails to perform any covenant or agreement contained in this Mortgage or in any other indebtedness, obligation or agreement of the Mortgagor to Mortgagee or to another; (c) Mortgagor sells, conveys, transfers, hypothecates, or in any other manner ceases to be the owner or in possession of all or any portion of or interest in the Mortgage Property, except as agreed to by Mortgagee in writing or as permitted under applicable law; or (d) Mortgagee believes the prospect of payment under the Note is impaired or the Mortgaged Property is in jeopardy.
Subject to the provisions of the Oklahoma Power of Sale Mortgage Foreclosure Act, Mortgagee may accelerate payment of the Debt for the reasons stated in this Mortgage without notice to, or demand on, Mortgagor.
The Mortgagor irrevocably appoints the Mortgagee its lawful attorney in fact, with Power of Attorney in its name and stead to collect any income, rents, issues and profits arising from or accruing at any time that are due under each and all of the leases, contracts and agreements, written or verbal, now existing or existing in the future with reference to the Mortgaged Property with the same rights and powers and subject to the same immunities, exoneration of liability and rights of recourse and indemnity as the Mortgagor would have. As often as any action may be taken to foreclose this Mortgage or to exercise rights under the Power of Sale Mortgage Foreclosure Act, the Mortgagee agrees to pay an attorney's fee to the Mortgagee equal to the greater of a sum not less than 15% of the amount due or the incurred attorney's fee, in addition to other sums due, which shall be secured by this Mortgage.
If there is a foreclosure of this Mortgage other than by Power of Sale, Mortgagee waives appraisement of the Mortgaged Property, unless Mortgagee seeks an appraisal. Appraisal shall beat the sole option of the Mortgagee, to be declared when the petition to foreclose is filed or when judgment is taken.
Mortgagor understands and agrees that on Mortgagor's default, a court may grant specific performance of Mortgagor's agreements in this Mortgage, and Mortgagee will have the right to take possession of the Mortgaged Property by appointing a receiver in accordance with Title 12 Okla. Stat. § 1551.2(g) which authorizes appointment when a condition of a mortgage has not been performed and the mortgage provides for appointment of a receiver. The court may also appoint a receiver upon other grounds as specified in Title 12 Okla. Stat. § 1551.
"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."
MORTGAGOR(S): SIGNATURE(S):
Signed and Delivered on this Date:
Date: 4/28/14 Robert Eugene Branagrove, Trustee
Robert Eugene Branagrove, Trustee
"ACKNOWLEDGEMENT FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT."
STATE OF OKLAHOMA
COUNTY OF Beaver SS.
The foregoing instrument was acknowledge before me on this 28th day of April 2014.
by Robert Eugene Branagrove, Trustee
My Commission Expires: 5-25-16
Debbie Cash
NOTARY PUBLIC
"ACKNOWLEDGEMENT FOR A CORPORATION"
STATE OF OKLAHOMA
COUNTY OF Beaver SS.
The foregoing instrument was acknowledge before me on this ____________ day of _________________________.
by ____________________________________________, ____________________________________________.
NAME OF OFFICER TITLE
of ________________________________________________, __________________________ Corporation, on behalf of the Corporation.
NAME OF CORPORATION STATE OF INCORPORATION
My Commission Expires: ___________________________
NOTARY PUBLIC
"ACKNOWLEDGEMENT FOR A PARTNERSHIP"
STATE OF OKLAHOMA
COUNTY OF Beaver SS.
The foregoing instrument was acknowledge before me on this 28th day of _________________________.
by ____________________________________________, Partner (or Agent), on behalf of __________________________ a partnership.
NAME OF ACKNOWLEDGING PARTNER OR AGENT NAME OF PARTNERSHIP
My Commission Expires: ___________________________
COMMERCIAL NOTE
BORROWER(S) EXACT LEGAL NAME/ADDRESS (Joint and Severally)
Chad Bransgrove
RR 1 Box 114
Baiko, OK 73931
LENDER(S) NAME/ADDRESS (You or Your)
First Security Bank
18 South Douglas
PO BOX 947
Beaver, OK 73932-0947
DATE: 7/17/2015
Maturity Date: 8/5/2030
Note Number: 66565
Loan Amount: $79,516.95
Officer Name: Tommy Sleeper
Renewal Of:
For the value received, the undersigned jointly and severally promise(s) to pay to the order of Lender, at Lender's address above, the principal sum of: $79,516.95 , together with interest on the unpaid balance at the interest rate set forth in the following manner: ☐ Fixed Rate of ________ per annum; ☒ Variable Rate which will vary with the Index Rate established by Lender from time to time and be equal to Index Rate, plus __________ 1.75 percentage points. Each increase or decrease in the interest rate due to a change in the Index Rate shall become effective on the calendar day such change in the Index Rate takes effect. Index Rate is currently 3.25%. The following Index shall apply: New York Prime as published in the Wall Street Journal Adjusted Every 5 Years to be New York Prime plus 1.75%. Initial Loan Rate - 5.00%
Any increase or decrease of Finance Charge will result:
☐ in a longer or shorter period of payments; or ☐ in larger or smaller final payment; or ☒ in larger or smaller periodic payments; or
☒ in larger or smaller single payment.
Rate Changes will occur: Every 5 years Interest computed on: ☐ 365/365 ☐ 360/360 ☒ 365/360
The Minimum Interest Rate: 5.00% The Maximum Interest Rate will not exceed: 21.00%
☒ Open End Borrower agrees to borrow up to the Principal Sum more than one time.
☒ Closed End Borrower agrees to borrow up to the Principal Sum only one time.
Expiration Date:
Post Maturity: Borrower agrees to pay at a rate of 21.00% per year on the balance not paid at Maturity or Maturity by Acceleration.
Late Charges: 5% of Scheduled Payment
Demand Note: ☒ obligation is payable on demand.
☐ all disclosures are based on an assumed maturity of one year.
SCHEDULE OF PAYMENTS – This Promissory Note is:
☐ payable in full on
☐ payable in consecutive ☐ monthly ☐ quarterly ☐ semi-annual ☐ annual installments,
commencing on ________, in equal payments of ________
and all the unpaid principal and interest, due at Maturity.
☐ with interest payable commencing on ________
☒ payable as follows: 179 payments of $633.55 paid Monthly beginning 9/5/2015; 1 payment of $631.91 paid 8/5/2030
☑ additional provisions:
SECURITY:
This note is secured by separate security agreement(s) dated:
This note is secured by separate mortgage(s) or Deed(s) of Trust and related document(s) date: 7/17/2015, 4/28/2014
This note is subject to loan agreement(s) dated:
BORROWER(S) REPRESENT HEREWITH THAT THE LOAN EVIDENCED HEREBY IS BEING OBTAINED FOR BUSINESS PURPOSES, NOT FOR FAMILY, HOUSEHOLD OR PERSONAL USE.
THIS NOTE CONSTITUTES A "WRITTEN AGREEMENT." THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, SUBSEQUENT OR FUTURE ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS DOCUMENT, AND AGREES TO THE TERMS, CONDITIONS AND THE ADDITIONAL PROVISIONS SET FORTH ON THE REVERSE SIDE HEREOF, THE SAME BEING INCORPORATED HEREIN BY REFERENCE.
NOTICE TO CO-SIGNER(S): You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the Borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The Lender can collect this debt from you without first trying to collect from the Borrower. The Lender can use the same collection methods against you that can be used against the Borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record. This notice is not the contract that makes you liable for the debt. By signing below, you acknowledge that you read the above Notice.
Chad Bransgrove 7/17/15
Chad Bransgrove
Date
Date
Date
Date
ADDITIONAL TERMS OF THE NOTE
BORROWER/DEBTOR HEREBY FURTHER WARRANTS, COVENANTS, AND AGREES AS FOLLOWS:
USURY SAVINGS AND SPREADING CLAUSE - All interest paid or agreed to be paid to Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full period (including any renewal or extension) until payment in full of the principal so that the interest hereon for such full period shall not exceed the maximum amount permissible under applicable law. Lender expressly disavows any intent to contract for, charge or receive interest in an amount which exceeds the maximum amount permissible under applicable law. In determining the highest lawful rate, all fees and other charges contracted for, charged or received by Lender in connection with the loan evidenced by this Note which are either deemed interest by applicable law or required by applicable law to be deducted from the principal balance of this Note to determine the rate of interest hereon shall be taken into account. This paragraph shall control all agreements between Borrower and Lender.
DEFINITIONS - "I," "me" or "my" means each Borrower who signs this note. "You" or "your" means the Lender and its successors and assigns.
DEFAULT - I will be in default under this Note and Security Agreement(s) listed on page 1 if any one of the following events occur: (a) I fail to make any payment of this loan when it is due; (b) Another creditor tries legally to take any of the Collateral; (c) I fail to perform any other promise or obligation under this Note or under any other security agreement covering this loan; (d) Any guarantor of this loan or I die, dissolve or terminate, or become the subject of a bankruptcy or insolvency proceeding; (e) Any item of the Collateral is stolen, damaged beyond reasonable repair, or destroyed whether or not such loss is fully insured; (f) Any representation that any guarantor or I have made to obtain this proves to have been false when made; (g) Any guarantor or I breach any other credit agreement with the Bank; (h) The Bank reasonably believes that it is insecure in the repayment of this loan.
REMEDIES UPON DEFAULT - Upon my default, at the Lender’s option and without any demand or notice to me, the Lender may treat this loan in default and do any one or more of the following: (a) Declare all amounts I owe the Lender under this Note immediately due and payable. (b) Take any reasonable measures intended to remedy the default or to prevent or reduce any loss to the Lender. This includes purchasing insurance on my behalf if I fail to maintain the required property insurance or to deliver such policies or acceptable written evidence of the policies to the Lender. Such insurance may insure only the Lender’s interest in the Collateral and may not provide any coverage for me. Any amounts the Lender spends or costs it incurs in exercising this remedy will bear interest from the date they are advanced at the Highest Rate allowed under applicable state law and will be payable upon the Lender’s demand. (c) Foreclose on the Lender’s security interests as permitted by law. This includes repossessing the Collateral and disposing of it in one or more public or private sales. The Lender may then credit the disposition proceeds first to the Lender’s reasonable expenses for repossessing, transporting, storing, repairing, and selling or otherwise disposing of the Collateral and then to repayment of my loan obligation (including any amounts the Lender expends or costs it incurs under this Note). I will permit voluntarily the Lender to repossess the Collateral. If the net proceeds of a sale or other disposition are less than what I owe the Lender under this Note, I promise the Lender this difference upon the Lender’s demand, together with interest at the Highest Rate allowed under applicable state law until this difference is paid. (d) Collect from me all collection costs and legal expenses, including attorney fees, the Lender incurs in exercising its rights and remedies, which I shall pay on demand. (e) Take any amount I owe from my account I have with the Lender, without giving me notice first.
RIGHT OF SETOFF - If any of the above events of default should occur, Debtor’s obligations evidenced by this Note shall immediately become due and payable, without advance notice except as may be specifically required by statute, and Lender shall be and is herewith expressly authorized to exercise its Right of Set-Off as to any monies deposited in demand checking, time, savings or other accounts of any nature maintained in and with it by any of the undersigned, without advance notice. Said Right of Set-Off shall also be applicable and may be exercised where Lender is indebted to any signer hereof by reason of any Certificate of Deposit, Bond, Note or otherwise.
VARIABLE INTEREST RATE - This Promissory Note provides for an interest rate which varies based on changes in Lender’s “Index Rate.” Debtor understands and agrees that Lender’s Prime Rate is an interest index rate which is set and changed by Lender at its discretion from time to time and which is designated by Lender as its “Index Rate” to which many loans it makes are tied and that such rate is not represented or intended to be the lowest or most favorable interest rate charged by Lender.
WAIVER OF CERTAIN RIGHTS - If the Lender delays enforcement or decides not to enforce any of the provisions of this Note, including my Note to make timely payments, it will not lose its right to enforce the same provisions later nor any other provisions of this Note. I waive the right to receive notice of any waiver or delay or presentment, demand, protest, or dishonor. I also waive any applicable statute of limitations to the full extent permitted by law and I waive any right I may otherwise have to require the Lender to proceed against any person or security before suing me to collect this loan.
LEGAL COSTS - If the Lender has to hire an attorney to enforce its rights under this Note and Security Agreement, I will be responsible for paying all collection costs and legal expenses, including attorney fees to the extent permitted by law.
INSURANCE - Unless otherwise indicated, the cost of credit life insurance and/or credit disability insurance is for the term of the loan.
CHANGES IN TERMS OF LOAN AND NOTICE - Unless I tell the Lender of a change of address, the Lender will use the address listed on my application if I must be contacted. All changes in the terms to this Note and Security Agreement must be made in writing by me and the Lender.
COLLATERAL - As security for my obligations under this Agreement, including any extension, renewal, or modification of this loan, I grant to the Lender a security interest in the proceeds and refunded premiums of any credit insurance I obtain under this Agreement. I also grant a security interest in the property (listed on separate Security Agreement(s) detailed on page 1), which includes any installed or affixed equipment or parts and the proceeds of the described property and the proceeds and refunded premiums of any insurance the Lender requires under this agreement (such property and proceeds hereinafter the “Collateral”).
OWNERSHIP OF COLLATERAL - Except for the security interest granted hereby, I am the owner of the Collateral, free and clear of any other lien, security interest, or encumbrance whatsoever.
LENDER’S AUTHORITY TO SIGN DOCUMENTS - I irrevocably authorize the Lender to sign on my behalf any documents needed to carry out any of the provisions of this Note.
ENVIRONMENTAL COMPLIANCE - On the date hereof, Borrower is in compliance with, and will continue to comply with, all applicable local, state and federal environmental laws, regulations, ordinances, and administrative and judicial orders relating to the generation, recycling, reuse, sale, storage, handling, transport and disposal of any hazardous or toxic substance or material, including, but not limited to, urea formaldehyde foam insulation, asbestos and petroleum products. If Borrower violates, or a claim is made that Borrower has violated, any local, state or federal environmental law, regulation or ordinance or administrative or judicial order, Borrower will notify Lender within 30 days after the violation occurs or the claim is made. Lender and its representatives have a right to inspect, during normal business hours, any property of Borrower to insure compliance with these provisions.
SEVERABILITY - Each word and sentence of this agreement shall be deemed severable from the remainder of the agreement. Invalidation of any element of this agreement shall not invalidate the remainder of the agreement.
COLLATERAL PROTECTION INSURANCE NOTICE - As part of this agreement, I am giving you a security interest in the Property described in the Security Agreement(s) listed on page 1. I am required to maintain insurance on the Property in an amount at least equal to my indebtedness. I agree to purchase the insurance from an insurer authorized to do business in Oklahoma or an eligible surplus lines insurer. I will name you as loss payee under the policy. I understand that I may be required to deliver a copy of the property insurance policy and proof of payment of premiums to you. If I fail to meet any of these requirements, you may obtain collateral protection insurance on my behalf. If you purchase insurance for the Property, I will be responsible for the cost of that insurance including interest and any other charges incurred by you in connection with the placement of collateral protection insurance.
TIME IS OF THE ESSENCE - Time is of the essence with respect to all provisions of this Note and all other loan documents.
THIS NOTE SHALL BE GOVERNED BY THE LAWS OF THE U.S. AND THE STATE OF THE LENDER’S MAIN OFFICE. There shall be no amendment to this agreement except in writing by all parties.
WHEN RECORDED, RETURN TO:
First Security Bank
18 South Douglas
PO BOX 947
Beaver, OK 73832-0947
REAL ESTATE MORTGAGE WITH POWER OF SALE
KNOW ALL PERSONS BY THESE PRESENTS that:
Chad Brangrove
RR 1 Box 114
Basico, OK 73831
A Single Person (called Mortgagor; whether one or more) mortgages to:
First Security Bank Beaver, OK 73832-0947
(called "Mortgagee," whether one or more and which term shall be construed to include Mortgagee's successors and assigns) the following described real estate and premises located in Beaver County, State of Oklahoma:
SURFACE AND SURFACE RIGHTS ONLY IN AND TO A 34.86 ACRE TRACT OF LAND IN THE SOUTH HALF (SH) OF SECTION TWENTY-FOUR (24), TOWNSHIP ONE (1) NORTH OF RANGE TWELVE (12) EAST OF THE CIMARRON MERIDIAN TEXAS COUNTY, OKLAHOMA.
Filed for Record in Texas County Oklahoma
Wendy Johnson, County Clerk
I-2015-002456
7/24/2015 1:04:06PM Fee: 15.00
Book 001316 Page Pg 0759-0760
Instrument Book Page
I-2015-002456 001316 759
TREASURER'S ENDORSEMENT
I hereby certify I received $5.00 MORTGAGE TAX FEE OF and issued receipt number 001316 therefore in payment on the within mortgage Dated this Day of 2015
BY DEPUTY TEXAS COUNTY TREASURER BY Deputy
with all the buildings and other improvements located or constructed on the real estate, all fixtures, personal property used on or in, and appurtenances to the real estate, and Mortgagor assigns and pledges all rents, issues, profits and income derived from the above real estate (collectively referred to as the "Mortgaged Property"). This Mortgage and assignment of rents, issues, profits and income derived from the Mortgaged Property creates a security interest in the Mortgaged Property and like kind future property from the time the Mortgage and assignment is granted even though enforcement of the assignment of rents, issues, profits and income maybe delayed until default.
Mortgagor warrants the title to the Mortgaged Property.
This Mortgage is given to secure the payment and performance of all of the following (collectively, the "Debt"):
(a) The indebtedness evidenced by the following described promissory Note(s) (the "Note," whether one or more) and any modifications, renewals or substitutions of the Note:
Loan #689865 in the original principal amount of $73,618.95 with Interest per the terms of the loan.
(b) All sums advanced or paid by Mortgagee on account of the failure of the Mortgagor to comply with the terms or covenants of this Mortgage or other documents signed by the Mortgagor;
(c) All future loans and advances and all future renewals of loans which Mortgagee may make to Mortgagor or to the Debtor identified in the Note, if different from Mortgagee (the "Debtor"); and all other debts, obligations and liabilities of every kind and character of Mortgagor or Debtor now existing, whether or not explicitly referred to, or arising in the future in favor of Mortgagee, whether direct or indirect, absolute or contingent, or originally payable to Mortgagee or any other person; and any renewals or extensions; provided, however, if the Mortgaged Property includes Mortgagor's principal dwelling or is otherwise a 1 to 4 family dwelling, the Mortgaged Property will not secure any future loan, advance, debt, obligation or liability taken or incurred principally for a personal, family or household purpose.
Mortgagor further agrees (a) to pay and discharge all taxes and assessments on the Mortgaged Property before they become delinquent; (b) to keep all the Mortgaged Property and improvements insured and under policies which are acceptable to, and for the benefit of, the Mortgagee; (c) to cure all title defects or clouds on or claims against Mortgagor's title which may arise or be discovered; (d) to keep all the Mortgaged Property in good condition and repair, and to repair or replace any damaged or destroyed Mortgaged Property; and (e) to discharge any levies, liens, attachments, or other claims which may be asserted against the Mortgaged Property. Mortgagee also agrees with respect to the Mortgaged Property to comply with all environmental laws and regulations now in force or later promulgated and to disclose to Mortgagee at all times information regarding the environmental status of the Mortgaged Property. Mortgagee grants Mortgagee the right to acquire additional environmental information regarding the Mortgaged Property. Mortgagee also grants Mortgagee or its agents a license to enter onto the Mortgaged Property and inspect it for any reason and further agrees to indemnify Mortgagee for any liability associated with the Mortgaged Property. The discovery of undisclosed environmental hazards on the Mortgaged Property may at option of Mortgagee be considered an Event of Default under this Mortgage. In the Event of the failure of the Mortgagor to fulfill the agreements of this paragraph, the Mortgagee may purchase insurance or pay taxes, assessments or other liens and appropriate same to protect the Mortgaged Property, and shall have a lien secured by this Mortgage and assignment for the amount of those sums with interest on those amounts at the maximum rate of interest on any part of the Debt secured by this Mortgage and assignment.
If the Mortgaged Property is Mortgagor's homestead and one of the Mortgagors is a spouse of another Mortgagor or the Borrower identified in the Note but is not obligated under the Note, and is only signing this Mortgage to satisfy the requirements of Title 16 Okla. Stat. § 4 (which requires a spouse to sign a mortgage on homestead property), then such Mortgagor is not obligated under the provisions of the immediately preceding paragraph and is only signing this Mortgage to convey his or her interest in the Mortgaged Property.
If Mortgagee is required to give Mortgagor notice, notice mailed or delivered at least 5 days before action is taken will be considered reasonable.
Mortgagee confers on Mortgagee or its attorney or agent the power to sell the Mortgaged Property and the interests of all persons in it in the manner provided in the Oklahoma Power of Sale Mortgage Foreclosure Act (Title 46 Okla. Stat. § 44 et seq.). On the occurrence of an Event of Default (as described in this Mortgage), Mortgagee may, at its option, accelerate payment of the Debt so that all the Debt shall be immediately due and payable and may either exercise the Power of Sale or foreclose this Mortgage in a judicial proceeding. The following are examples of "Event of Default": (a) any default in payment of the Debt or performance under the Note; (b) Mortgagor fails to perform any covenant or agreement contained in this Mortgage or in any other indenture, obligation or agreement of the Mortgagee to Mortgagee or to another; (c) Mortgagor sells, conveys, transfers, hypothecates, or in any other manner causes to be the owner or in possession of all or any portion of or interest in the Mortgaged Property, except as agreed to by Mortgagee in writing or as permitted under applicable law; or (d) Mortgagee believes the prospect of payment under the Note is impaired or the Mortgaged Property is in jeopardy.
Subject to the provisions of the Oklahoma Power of Sale Mortgage Foreclosure Act, Mortgagee may accelerate payment of the Debt for the reasons stated in this Mortgage without notice to, or demand on, Mortgagor.
The Mortgagee irrevocably appoints the Mortgagee its lawful attorney in fact, with Power of Attorney in its name and stead to collect any income, rents, issues and profits arising from or accruing at any time that are due under each and all of the leases, contracts and agreements, written or verbal, now existing or existing in the future with reference to the Mortgaged Property with the same rights and powers and subject to the same immunities, exoneration of liability and rights of recourse and indemnity as the Mortgagee would have. As often as an action may be taken to foreclose this Mortgage or to exercise rights under the Power of Sale Mortgage Foreclosure Act, the Mortgagee agrees to pay or cause to be paid to the Mortgagee equal to the greater of a sum of not less than 15% of the amount due or the incurred attorney's fee, in addition to other sums due, which shall be secured by this Mortgage.
If there is a foreclosure of this Mortgage other than by Power of Sale, Mortgagee waives appraisal of the Mortgaged Property, unless Mortgagee seeks an appraisal. Appraisal shall best the sole option of the Mortgagee, to be declared when the petition to foreclose is filed or when judgment is taken.
Mortgagee understands and agrees that on Mortgagor's default, a court may grant specific performance of Mortgagee's agreements in this Mortgage, and Mortgagee will have the right to take possession of the Mortgaged Property by appointing a receiver in accordance with Title 12 Okla. Stat. § 1551.7(c) which authorizes appointment when a condition of a mortgage has not been performed and the mortgage provides for appointment of a receiver. The court may also appoint a receiver upon other grounds as specified in Title 12 Okla. Stat. § 1551.
"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."
Signed and Delivered on this Date:
Date: 7/17/15
Chad Brangrove
STATE OF OKLAHOMA
COUNTY OF Beaver } SS.
The foregoing instrument was acknowledge before me on this 17 day of July 2015 .
by Chad Brangrove A Single Person
My Commission Expires: ________________________________
NOTARY PUBLIC
STATE OF OKLAHOMA
COUNTY OF Beaver } SS.
The foregoing instrument was acknowledge before me on this ________day of___________________________ ,
by ____________________________ , ____________________________ .
NAME OF OFFICER
of ____________________________ , ____________________________ Corporation, on behalf of the Corporation.
NAME OF CORPORATION STATE OF INCORPORATION
My Commission Expires: ________________________________
NOTARY PUBLIC
STATE OF OKLAHOMA
COUNTY OF Beaver } SS.
The foregoing instrument was acknowledge before me on this __________day of___________________________ ,
by ____________________________ Partner (or Agent), on behalf of ____________________________ a partnership.
NAME OF ACKNOWLEDGING PARTNER OR AGENT NAME OF PARTNERSHIP
My Commission Expires: ________________________________
NOTARY PUBLIC
PROMISSORY NOTE
<table>
<tr>
<th>Principal</th>
<th>Loan Date</th>
<th>Maturity</th>
<th>Loan No</th>
<th>Call / Coll</th>
<th>Account</th>
<th>Officer</th>
<th>Initials</th>
</tr>
<tr>
<td>$75,000.00</td>
<td>06-05-2023</td>
<td>06-05-2024</td>
<td>60</td>
<td>B / 6</td>
<td>70628</td>
<td>DHS</td>
<td>v9</td>
</tr>
</table>
References in the boxes above are for Lender’s use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "****" has been omitted due to text length limitations.
Borrower: Robert Eugene Bransgrove Revocable Trust
3268 Mile 60 Rd
Balko, OK 73931
Lender: First Security Bank
Beaver Branch
15 S Douglas
PO BOX 947
Beaver, OK 73932
Principal Amount: $75,000.00
Date of Note: June 5, 2023
PROMISE TO PAY. Robert Eugene Bransgrove Revocable Trust ("Borrower") promises to pay to First Security Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of Seventy-five Thousand & 00/100 Dollars ($75,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance.
PAYMENT. Borrower will pay this loan in full immediately upon Lender’s demand. If no demand is made, Borrower will pay this loan in one payment of all outstanding principal plus all accrued unpaid interest on June 5, 2024. Unless otherwise agreed or required by applicable law, payments will be applied first to any escrow or reserve account payments as required under any mortgage, deed of trust, or other security instrument or security agreement securing this Note; then to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. Borrower will pay Lender at Lender’s address shown above or at such other place as Lender may designate in writing. All payments must be made in U.S. dollars and must be received by Lender consistent with any written payment instructions provided by Lender. If a payment is made consistent with Lender’s payment instructions but received after 6:00 P.M Central Time, Lender will credit Borrower’s payment on the next business day.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Wall Street Journal rate published in the Wall Street Journal (the “Index”). The Index is not necessarily the lowest rate charged by Lender on its loans. Lender will tell Borrower the current Index rate upon Borrower’s request. The interest rate change will not occur more often than each Daily. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 8.250% per annum. Interest on the unpaid principal balance of this Note will be calculated as described in the “INTEREST CALCULATION METHOD” paragraph using a rate equal to the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 8.250%. If Lender determines, in its sole discretion, that the Index has become unavailable or unreliable, either temporarily, indefinitely, or permanently, during the term of this Note, Lender may amend this Note by designating a substantially similar substitute Index. Lender may also amend and add a positive or negative margin (percentage added to or subtracted from the substitute index value) as part of the rate determination. In making these amendments, Lender may take into consideration any then-prevailing market convention for selecting a substitute index and margin for the specific Index that is unavailable or unreliable. Such an amendment to the terms of this Note will become effective and bind Borrower 10 business days after Lender gives written notice to Borrower without any action or consent of the Borrower. NOTICE: Under no circumstances will the interest rate on this Note be less than 4.000% per annum or more than (except for any higher default rate shown below) the lesser of 18.000% per annum or the maximum rate allowed by applicable law.
INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 365 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding (but not including February 29 in leap years). All interest payable under this Note is computed using this method. This calculation method results in a higher effective interest rate than the numeric interest rate stated in this Note.
PREPAYMENT; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum interest charge of $7.50. Other than Borrower’s obligation to pay any minimum interest charge, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower’s obligation to continue to make payments. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked “paid in full”, “without recourse”, or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender’s rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes “payment in full” of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: First Security Bank, Beaver Branch, 15 S Douglas, PO BOX 947, Beaver, OK 73932.
LATE CHARGE. If a payment is 11 days or more late, Borrower will be charged 5,000% of the unpaid portion of the regularly scheduled payment or $24.50, whichever is greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased to 21.000%. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law.
DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower.
Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower’s property or Borrower’s ability to repay this Note or perform Borrower’s obligations under this Note or any of the related documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower’s behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter.
Insolvency. The dissolution or termination of the Trust, the insolvency of Borrower, the appointment of a receiver for any part of Borrower’s property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding
under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower’s accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note.
Adverse Change. A material adverse change occurs in Borrower’s financial condition, or Lender believes the prospect of payment or performance of this Note is impaired.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lender’s sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER’S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount.
ATTORNEYS’ FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender’s attorneys’ fees and Lender’s legal expenses, whether or not there is a lawsuit, Including without limitation all attorneys’ fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oklahoma without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of Oklahoma.
DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $20.00 if Borrower makes a payment on Borrower’s loan and the check or other payment order including any unauthorized charge with which Borrower pays is later dishonored.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower’s accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender’s option, to administratively freeze all such accounts to allow Lender to protect Lender’s charge and setoff rights provided in this paragraph.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instrument listed herein:
(A) an Agricultural Security Agreement dated June 5, 2023 made and executed between Robert Eugene Bransgrove Revocable Trust and Lender on collateral described as livestock.
LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note, as well as directions for payment from Borrower’s accounts, may be requested orally or in writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower’s accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender’s internal records, including daily computer print-outs.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower’s heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Borrower may notify Lender if Lender reports any inaccurate information about Borrower’s account(s) to a consumer reporting agency. Borrower’s written notice describing the specific inaccuracy(ies) should be sent to Lender at the following address: First Security Bank PO Box 947 Beaver, OK 73932.
GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender’s right to declare payment of this Note on its demand. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender’s security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several.
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
BORROWER:
ROBERT EUGENE BRANSGROVE REVOCABLE TRUST
By: Cindy Bransgrove, Trustee of Robert Eugene Bransgrove Revocable Trust
AGRICULTURAL SECURITY AGREEMENT
<table>
<tr>
<th>Principal</th>
<th>Loan Date</th>
<th>Maturity</th>
<th>Loan No</th>
<th>Call / Coll</th>
<th>Account</th>
<th>Officer</th>
<th>Initials</th>
</tr>
<tr>
<td>$75,000.00</td>
<td>06-05-2023</td>
<td>06-05-2024</td>
<td>60</td>
<td>B / 6</td>
<td>70628</td>
<td>DHS</td>
<td></td>
</tr>
</table>
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "*****" has been omitted due to text length limitations.
Grantor: Robert Eugene Branagrove Revocable Trust 3268 Mile 60 Rd Balko, OK 73931
Lender: First Security Bank Beaver Branch 15 S Douglas PO BOX 947 Beaver, OK 73932
THIS AGRICULTURAL SECURITY AGREEMENT dated June 5, 2023, is made and executed between Robert Eugene Branagrove Revocable Trust ("Grantor") and First Security Bank ("Lender").
GRANT OF SECURITY INTEREST. For valuable consideration, Grantor grants to Lender a security interest in the Collateral to secure the indebtedness and agrees that Lender shall have the rights stated in this Agreement with respect to the Collateral, in addition to all other rights which Lender may have by law.
COLLATERAL DESCRIPTION. The word "Collateral" as used in this Agreement means the following described property, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located, in which Grantor is giving to Lender a security interest for the payment of the Indebtedness and performance of all other obligations under the Note and this Agreement:
All livestock branded or unbranded now owned or in possession of debtor or hereafter acquired by way of replacement, substitution, increase or addition.
The Collateral includes any and all of Grantor's present and future farm products, livestock, including aquatic goods produced in aquacultural operations, poultry, agricultural commodities and other farm products of every type and description, including without limitation all replacements and substitutions therefor and additions thereto, and further including without limitation any and all offspring, unborn livestock, and other products, previously, contemporaneously and/or in the future acquired by Grantor whether by purchase, exchange, accretion or otherwise, and all of Grantor's present and future inventory in any way derived or to be derived therefrom, whether held by Grantor or by others, and all documents of title, warehouse receipts, bills of lading, and other documents of every type covering all or any part of the foregoing, and all of Grantor's equipment in any way related thereto, and any and all additions thereto and substitutions and replacements therefor, and all accessories, attachments, and accessions thereto, whether added now or later, and all other products and proceeds derived or to be derived therefrom, including without limitation all insurance proceeds and refunds of insurance premiums, if any, and all sums that may be due from third parties who may cause damage to any of the foregoing or from any insurer, whether due to judgment, settlement or other process, and any and all present and future accounts, contract rights, chattel paper, instruments, documents and notes that may be derived from the sale or other disposition of any of the foregoing, and any rights of Grantor to collect or enforce payment thereof, as well as to enforce any guarantees of the foregoing and security therefor, and all of Grantor's present and future general intangibles in any way related or pertaining to any of the foregoing, including without limitation Grantor's books, records, files, computer disks and software, and all rights that Grantor may have with regard thereto.
CROSS-COLLATERALIZATION. In addition to the Note, this Agreement secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, owed to Lender, whether of a like nature to the Note Indebtedness or not, whether arising from a loan or a purchased obligation, whether incurred for a consumer or a business purpose, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
FUTURE ADVANCES. In addition to the Note, this Agreement secures all future advances made by Lender to Grantor regardless of whether the advances are made a) pursuant to a commitment or b) for the same purposes.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Grantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Grantor holds jointly with someone else and all accounts Grantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Grantor authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph.
GRANTOR'S REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. With respect to the Collateral, Grantor represents and promises to Lender that:
Perfection of Security Interest. Grantor agrees to execute financing statements and to take whatever other actions are requested by Lender to perfect and continue Lender's security interest in the Collateral. Upon request of Lender, Grantor will deliver to Lender any and all of the documents evidencing or constituting the Collateral, and Grantor will note Lender's interest upon any and all chattel paper and instruments if not delivered to Lender for possession by Lender. This is a continuing Security Agreement and will continue in effect even though all or any part of the Indebtedness is paid in full and even though for a period of time Grantor may not be Indebted to Lender.
Notices to Lender. Grantor will promptly notify Lender in writing at Lender's address shown above (or such other addresses as Lender may designate from time to time) prior to any (1) change in Grantor's name; (2) change in Grantor's assumed business name(s); (3) change in the trustees of the trust Grantor; (4) change in the authorized signer(s); (5) change in Grantor's state of organization; (6) conversion of Grantor to a new or different type of business entity; or (7) change in any other aspect of Grantor that directly or indirectly relates to any agreements between Grantor and Lender. No change in Grantor's name or state of organization will take effect until after Lender has received notice.
No Violation. The execution and delivery of this Agreement will not violate any law or agreement governing Grantor or to which Grantor is a party.
AGRICULTURAL SECURITY AGREEMENT
Loan No: 60 (Continued) Page 2
Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, as defined by the Uniform Commercial Code, the Collateral is enforceable in accordance with its terms, is genuine, and fully complies with all applicable laws and regulations concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. There shall be no setoffs or counterclaims against any of the Collateral, and no agreement shall have been made under which any deductions or discounts may be claimed concerning the Collateral except those disclosed to Lender in writing.
Location of the Collateral. Except in the ordinary course of Grantor's business, Grantor agrees to keep the Collateral at Grantor’s address shown above, or at the location specified in the Collateral definition in this Agreement, or at such other locations as are acceptable to Lender. Upon Lender's request, Grantor will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (1) all real property Grantor owns or is purchasing; (2) all real property Grantor is renting or leasing; (3) all storage facilities Grantor owns, rents, leases, or uses; and (4) all other properties where Collateral is or may be located. Grantor promptly shall procure the execution, acknowledgment, and delivery of such subordination, consent, waiver, estoppel, and other agreements as Lender shall require by holders of any encumbrances upon or by owners of such lands where Collateral is or will be located. Grantor consents to Lender's rights of access for care of livestock upon such terms as Lender may deem satisfactory.
Removal of the Collateral. Except in the ordinary course of Grantor's business, Grantor shall not remove the Collateral from its existing location without Lender’s prior written consent. Grantor shall, whenever requested, advise Lender of the exact location of the Collateral.
Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Grantor's business, or as otherwise provided for in this Agreement, Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. Grantor shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without the prior written consent of Lender. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless waived by Lender, all proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for Lender and shall not be commingled with any other funds; provided however, this requirement shall not constitute consent by Lender to any sale or other disposition. Upon receipt, Grantor shall immediately deliver any such proceeds to Lender.
Sale of Collateral. The following provisions relate to any sale, consignment, lease, license, exchange, transfer, or other disposition of livestock included as all or a part of the Collateral:
(1) To Induce Lender to extend the credit or other financial accommodations secured by this Agreement, Grantor represents and warrants to Lender that Grantor will sell, consign, lease, license, exchange, or transfer the Collateral only to those persons whose names and addresses have been set forth on sales schedules delivered to Lender. Each schedule shall be in such form as Lender may require, including identification of each type of Collateral.
(2) Grantor agrees to provide the Lender a written list or schedule of the buyers, commission merchants, and selling agents to or through an individual including the entity name, contact name and address to whom or through whom the livestock may be sold, consigned or transferred. All such schedules and notifications shall be in writing and shall be delivered to Lender not less than fourteen (14) days prior to any such sale, consignment or transfer of the livestock. Also, the Grantor agrees to provide any updates or amendments to these schedules or lists to the Lender.
(3) All proceeds of any sale, consignment, lease, license, exchange, transfer, or other disposition shall be made immediately available to Lender in a form jointly payable to Grantor and Lender. No provisions in this Agreement shall be interpreted to authorize any sale or disposition of Collateral unless authorized by the Lender in writing. All chattel paper, contracts, warehouse receipts, documents, and other evidences of ownership or obligations relating to the Collateral, whether issued by a co-op, grain elevator, warehouse, marketing entity, or bailee, and all accounts and other proceeds of the Collateral shall be immediately endorsed, assigned and delivered by Grantor to Lender as security for the Indebtedness. At any time before or after the occurrence of an Event of Default, Lender may collect all proceeds of the Collateral without notice to Grantor. All proceeds of the Collateral, when received by Lender, may at Lender's sole discretion be applied to the Indebtedness. Grantor grants Lender a limited power of attorney to sign or endorse Grantor's name on all writings described in this section.
(4) Grantor acknowledges that if the livestock are sold, consigned, or transferred to any person not listed on a schedule delivered to Lender as provided above, at least seven (7) days prior to such sale, consignment, or transfer, and if Lender has not received an accounting (including the proceeds) of such sale, consignment or transfer within ten (10) days of the sale, consignment or transfer, then under federal law, Grantor shall be subject to a fine which is the greater of $5,000 or 15% of the value of benefit received from the sale, consignment or transfer to an unlisted buyer, consignee or transferee.
Care and Preservation of Livestock. Grantor shall (1) At reasonable and proper times and in accordance with the best practices of good animal husbandry feed, care for, attend to, inoculate, water, and perform, or cause to be performed, all other acts appropriate or necessary to care for, maintain, preserve, and protect the livestock; (2) Milk, shear, and perform, or cause to be performed, such other acts as are related to the livestock or to the products of the livestock, including without limitation processing, preserving, protecting, and storing such products; (3) Not commit or suffer to be committed any damage to or destruction of the livestock; (4) Permit Lender and any of its employees and agents to enter upon the premises where the livestock is located at any reasonable time and from time to time for the purpose of examining and inspecting the livestock; and (5) Promptly give Lender written notice of any sickness or disease affecting, any damage to, any destruction of, or any depreciation in the value of the livestock or the products of the livestock.
Title. Grantor represents and warrants to Lender that Grantor holds good and marketable title to the Collateral, free and clear of all liens and encumbrances except for the lien of this Agreement. No financing statement covering any of the Collateral is on file in any public office other than those which reflect the security interest created by this Agreement or to which Lender has specifically consented. Grantor shall defend Lender’s rights in the Collateral against the claims and demands of all other persons.
Repairs and Maintenance. Grantor agrees to keep and maintain, and to cause others to keep and maintain, the Collateral in good order, repair and condition at all times while this Agreement remains in effect. Grantor further agrees to pay when due all claims for work done on, or services rendered or material furnished in connection with the Collateral so that no lien or encumbrance may ever attach to or be filed against the Collateral.
Inspection of Collateral. Lender and Lender's designated representatives and agents shall have the right at all reasonable times to examine
and inspect the Collateral wherever located.
Taxes, Assessments and Liens. Grantor will pay when due all taxes, assessments and liens upon the Collateral, its use or operation, upon this Agreement, upon any promissory note or notes evidencing the indebtedness, or upon any of the other Related Documents. Grantor may withhold any such payment or may elect to contest any lien if Grantor is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender's interest in the Collateral is not jeopardized in Lender's sole opinion. If the Collateral is subjected to a lien which is not discharged within fifteen (15) days, Grantor shall deposit with Lender cash, a sufficient corporate surety bond or other security satisfactory to Lender in an amount adequate to provide for the discharge of the lien plus any interest, costs, attorneys' fees or other charges that could accrue as a result of foreclosure or sale of the Collateral. In any contest Grantor shall defend itself and Lender and shall satisfy any final adverse judgment before enforcement against the Collateral. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Grantor further agrees to furnish Lender with evidence that such taxes, assessments, and governmental and other charges have been paid in full and in a timely manner. Grantor may withhold any such payment or may elect to contest any lien if Grantor is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender's interest in the Collateral is not jeopardized.
Compliance with Governmental Requirements. Grantor shall comply promptly with all laws, ordinances, rules and regulations of all governmental authorities, now or hereafter in effect, applicable to the ownership, production, disposition, or use of the Collateral, including all laws or regulations relating to the undue erosion of highly-erodible land or relating to the conversion of wetlands for the production of an agricultural product or commodity. Grantor may contest in good faith any such law, ordinance or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Lender's interest in the Collateral, in Lender's opinion, is not jeopardized.
Hazardous Substances. Grantor represents and warrants that the Collateral never has been, and never will be so long as this Agreement remains a lien on the Collateral, used in violation of any Environmental Laws or for the generation, manufacture, storage, transportation, treatment, disposal, release or threatened release of any Hazardous Substance. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Collateral for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any Environmental Laws, and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims and losses resulting from a breach of this provision of this Agreement. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction of this Agreement.
Maintenance of Casualty Insurance. Grantor shall procure and maintain all risks insurance, including without limitation fire, theft and liability coverage together with such other insurance as Lender may require with respect to the Collateral, in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days' prior written notice to Lender and not including any disclaimer of the insurer's liability for failure to give such a notice. Each Insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. In connection with all policies covering assets in which Lender holds or is offered a security interest, Grantor will provide Lender with such loss payable or other endorsements as Lender may require. If Grantor at any time fails to obtain or maintain any insurance as required under this Agreement, Lender may (but shall not be obligated to) obtain such insurance as Lender deems appropriate, including if Lender so chooses "single interest insurance," which will cover only Lender's interest in the Collateral.
Application of Insurance Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Collateral, whether or not such casualty or loss is covered by insurance. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. All proceeds of any insurance on the Collateral, including accrued proceeds thereon, shall be held by Lender as part of the Collateral. If Lender consents to repair or replacement of the damaged or destroyed Collateral, Lender shall, upon satisfactory proof of expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration. If Lender does not consent to repair or replacement of the Collateral, Lender shall retain a sufficient amount of the proceeds to pay all of the Indebtedness, and shall pay the balance to Grantor. Any proceeds which have not been disbursed within six (6) months after their receipt and which Grantor has not committed to the repair or restoration of the Collateral shall be used to prepay the Indebtedness.
Insurance Reserves. Lender may require Grantor to maintain with Lender reserves for payment of insurance premiums, which reserves shall be created by monthly payments from Grantor of a sum estimated by Lender to be sufficient to produce, at least fifteen (15) days before the premium due date, amounts at least equal to the insurance premiums to be paid. If fifteen (15) days before payment is due, the reserve funds are insufficient, Grantor shall upon demand pay any deficiency to Lender. The reserve funds shall be held by Lender as a general deposit and shall constitute a non-interest-bearing account which Lender may satisfy by payment of the insurance premiums required to be paid by Grantor as they become due. Lender does not hold the reserve funds in trust for Grantor, and Lender is not the agent of Grantor for payment of the insurance premiums required to be paid by Grantor. The responsibility for the payment of premiums shall remain Grantor's sole responsibility.
Insurance Reports. Grantor, upon request of Lender, shall furnish to Lender reports on each existing policy of insurance showing such information as Lender may reasonably request including the following: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured; (5) the then current value on the basis of which insurance has been obtained and the manner of determining that value; and (6) the expiration date of the policy. In addition, Grantor shall upon request by Lender (however not more often than annually) have an independent appraiser satisfactory to Lender determine, as applicable, the cash value or replacement cost of the Collateral.
Financing Statements. Grantor authorizes Lender to file a UCC financing statement, or alternatively, a copy of this Agreement to perfect Lender's security interest. At Lender's request, Grantor additionally agrees to sign all other documents that are necessary to perfect, protect, and continue Lender's security interest in the Property. Grantor will pay all filing fees, title transfer fees, and other fees and costs involved unless prohibited by law or unless Lender is required by law to pay such fees and costs. Grantor irrevocably appoints Lender to execute lien entry forms and documents necessary to transfer title if there is a default. Lender may file a copy of this Agreement as a financing statement. Grantor will promptly notify Lender of any change to Grantor's name or the name of any individual Grantor, any individual who is a partner for a Grantor, and any individual who is a trustee or settlor or trustor for a Grantor under this Agreement. Grantor will also promptly notify Lender of any change to the name that appears on the most recently issued, unexpired driver's license or state-issued identification card, any expiration of the most recently issued driver's license or state-issued identification card for Grantor or any individual for whom Grantor is required to provide notice regarding name changes.
AGRICULTURAL SECURITY AGREEMENT
Loan No: 60 (Continued) Page 4
GRANTOR'S RIGHT TO POSSESSION. Until default, Grantor may have possession of the tangible personal property and beneficial use of all the Collateral and may use it in any lawful manner not inconsistent with this Agreement or the Related Documents, provided that Grantor's right to possession and beneficial use shall not apply to any Collateral where possession of the Collateral by Lender is required by law to perfect Lender's security interest in such Collateral. If Lender at any time has possession of any Collateral, whether before or after an Event of Default, Lender shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral if Lender takes such action for that purpose as Grantor shall request or as Lender, in Lender's sole discretion, shall deem appropriate under the circumstances, but failure to honor any request by Grantor shall not of itself be deemed to be a failure to exercise reasonable care. Lender shall not be required to take any steps necessary to preserve any rights in the Collateral against prior parties, nor to protect, preserve or maintain any security interest given to secure the Indebtedness. Grantor agrees to pursue and conduct diligently Grantor's farming, agricultural and other business operations for as long as this Agreement remains in effect. Grantor further agrees that Lender may from time to time enter upon Grantor's premises for the purpose of ascertaining whether Grantor is properly and prudently conducting Grantor's farming, agricultural and other business operations. Grantor shall promptly pay when due all costs and expenses associated with Grantor's farming operations, including without limitation Farm Products / Livestock.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Collateral or if Grantor fails to comply with any provision of this Agreement or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Agreement or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Collateral and paying all costs for insuring, maintaining and preserving the Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note or at the highest rate authorized by law, from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Agreement also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon the occurrence of any Event of Default. If Lender is required by law to give Grantor notice before or after Lender makes an expenditure, Grantor agrees that notice sent by regular mail at least five (5) days before the expenditure is made or notice delivered two (2) days before the expenditure is made is sufficient, and that notice within sixty (60) days after the expenditure is made is reasonable.
DEFAULT. Each of the following shall constitute an Event of Default under this Agreement:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor.
Default in Favor of Third Parties. Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or ability to perform Grantor's obligations under this Agreement or any of the Related Documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter.
Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
Insolvency. The dissolution or termination of the Trust, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or guarantor, endorser, surety, or accommodation party dies or becomes incompetent or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment, is curable and if Grantor has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Agreement, at any time thereafter, Lender shall have all the rights of a secured party under the Oklahoma Uniform Commercial Code. In addition and without limitation, Lender may exercise any one or more of the following rights and remedies:
AGRICULTURAL SECURITY AGREEMENT
Loan No: 60 (Continued) Page 5
Accelerate Indebtedness. Lender may declare the entire indebtedness, including any prepayment penalty which Grantor would be required to pay, immediately due and payable, without notice of any kind to Grantor.
Assemble Collateral. Lender may require Grantor to deliver to Lender all or any portion of the Collateral and any and all certificates of title and other documents relating to the Collateral. Lender may require Grantor to assemble the Collateral and make it available to Lender at a place to be designated by Lender. Lender also shall have full power to enter upon the property of Grantor to take possession of and remove the Collateral. If the Collateral contains other goods not covered by this Agreement at the time of repossession, Grantor agrees Lender may take such other goods, provided that Lender makes reasonable efforts to return them to Grantor after repossession.
Possession of the Livestock. Lender may enter upon the premises where any Collateral consisting of livestock is located and, using any and all of Grantor's equipment, machinery, tools, farming implements, and supplies, and improvements located on the premises: (1) Feed, care for, attend to, inoculate, water, and perform, or cause to be performed, all other acts appropriate or necessary to care for, maintain, preserve, and protect the livestock (using any water located in, on or adjacent to the premises); (2) Milk, shear, and perform, or cause to be performed, such other acts as are related to the livestock or to any products of the livestock, including without limitation processing, preserving, and protecting such products; (3) Remove the livestock and any products of the livestock from the premises upon which the livestock and the products are located; and (4) Appraise, store, prepare for public or private sale, exhibit, market and sell the livestock and any products of the livestock; provided that Grantor hereby agrees that if Grantor is the owner of record of the premises upon which the livestock and any products of the livestock are located, Lender shall not be responsible or liable for returning the premises to their condition immediately preceding the use of the premises as provided herein or for doing such acts as may be necessary to permit future livestock to be maintained on the premises.
Sell the Collateral. Lender shall have full power to sell, lease, transfer, or otherwise dispose of the Collateral. Unless the Collateral in whole or in part is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender will give Grantor, and other persons as required by law, reasonable notice of the time and place of any public sale, or of the time after which any private sale or other disposition is to be made. Notwithstanding any other provision of this Agreement, any requirement of notice for this purpose shall be met if notice is provided at least ten (10) days before sale or other disposition or action. Lender shall be entitled to, and Grantor shall be liable for, all reasonable costs and expenditures incurred in realizing on Lender's security interest, including without limitation, all court costs, fees for sale, selling costs and reasonable attorneys' fees as set forth in the Note or in this Agreement. All such costs shall be secured by the security interest in the Collateral covered by this Agreement.
Appoint Receiver. In any action by Lender for the foreclosure of this Agreement, whether by judicial foreclosure or power of sale, Lender shall be entitled to the appointment of a receiver upon any failure of Grantor to comply with any term, obligation, covenant, or condition contained in this Agreement, the Note, or any Related Documents.
Collect Revenues, Apply Accounts. Lender, either itself or through a receiver, may collect the payments, rents, income, and revenues from the Collateral. Lender may at any time in Lender's discretion transfer any Collateral into Lender's own name or that of Lender's nominee and receive the payments, rents, income, and revenues therefrom and hold the same as security for the indebtedness or apply it to payment of the Indebtedness in such order of preference as Lender may determine. Insofar as the Collateral consists of accounts, general intangibles, insurance policies, instruments, chattel paper, choses in action, or similar property, Lender may demand, collect, receipt for, settle, compromise, adjust, sue for, foreclose, or realize on the Collateral as Lender may determine, whether or not Indebtedness or Collateral is then due. For these purposes, Lender may, on behalf of and in the name of Grantor, receive, open and dispose of mail addressed to Grantor; change any address to which mail and payments are to be sent; and endorse notes, checks, drafts, money orders, documents of title, instruments and items pertaining to payment, shipment, or storage of any Collateral. To facilitate collection, Lender may notify account debtors and obligors on any Collateral to make payments directly to Lender.
Obtain Deficiency. If Lender chooses to sell any or all of the Collateral, Lender may obtain a judgment against Grantor for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this Agreement. Grantor shall be liable for a deficiency even if the transaction described in this subsection is a sale of accounts or chattel paper.
Other Rights and Remedies. Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise.
Election of Remedies. Except as may be prohibited by applicable law, all of Lender's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:
Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. All prior and contemporaneous representations and discussions concerning such matters either are included in this document or do not constitute an aspect of the agreement of the parties. Except as may be specifically set forth in this Agreement, no conditions precedent or subsequent, of any kind whatsoever, exist with respect to Grantor's obligations under this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees; Expenses. Grantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to help enforce this Agreement, and Grantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Grantor also shall pay all court costs and such additional fees as may be directed by the court.
Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement.
AGRICULTURAL SECURITY AGREEMENT (Continued)
Loan No: 60
Governing Law. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oklahoma without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the State of Oklahoma.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
Notices. To the extent permitted by applicable law, any notice required to be given under this Agreement shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Agreement. Any party may change its address for notices under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. To the extent permitted by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
Power of Attorney. Grantor hereby appoints Lender as Grantor's irrevocable attorney-in-fact for the purpose of executing any documents necessary to perfect, amend, or to continue the security interest granted in this Agreement or to demand termination of filings of other secured parties. Lender may at any time, and without further authorization from Grantor, file a carbon, photographic or other reproduction of any financing statement or of this Agreement for use as a financing statement. Grantor will reimburse Lender for all expenses for the perfection and the continuation of the perfection of Lender's security interest in the Collateral.
Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement.
Successors and Assigns. Subject to any limitations stated in this Agreement on transfer of Grantor's interest, this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Collateral becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Agreement and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Agreement or liability under the Indebtedness.
Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Agreement shall survive the execution and delivery of this Agreement, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full.
Time Is of the Essence. Time is of the essence in the performance of this Agreement.
Waive Jury. All parties to this Agreement hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Agreement. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code:
Agreement. The word "Agreement" means this Agricultural Security Agreement, as this Agricultural Security Agreement may be amended or modified from time to time, together with all exhibits and schedules attached to this Agricultural Security Agreement from time to time.
Borrower. The word "Borrower" means Robert Eugene Bransgrove Revocable Trust and includes all co-signers and co-makers signing the Note and all their successors and assigns.
Collateral. The word "Collateral" means all of Grantor's right, title and interest in and to all the Collateral as described in the Collateral Description section of this Agreement.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Agreement in the default section of this Agreement.
Grantor. The word "Grantor" means Robert Eugene Bransgrove Revocable Trust.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which Grantor is responsible under this Agreement or under any of the Related Documents. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Agreement.
Lender. The word "Lender" means First Security Bank, its successors and assigns.
Note. The word "Note" means the Note dated June 5, 2023 and executed by Borrower in the principal amount of $75,000.00, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the note or credit agreement.
Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the "Collateral Description" section of this Agreement.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
GRANTOR HAS READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGRICULTURAL SECURITY AGREEMENT AND AGREES TO ITS TERMS. THIS AGREEMENT IS DATED JUNE 5, 2023.
GRANTOR:
ROBERT EUGENE BRANSGROVE REVOCABLE TRUST
By: [signature]
Cindy Braungrove, Trustee of Robert Eugene Bransgrove Revocable Trust
UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
A. NAME & PHONE OF CONTACT AT FILER [optional]
DCASH
5806254500
B. SEND ACKNOWLEDGEMENT TO: (Name and Address)
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1. DEBTOR'S EXACT FULL LEGAL NAME insert only one debtor name (1a or 1b) - do not abbreviate or combine names
<table>
<tr>
<th>1a. ORGANIZATION'S NAME</th>
<td></td>
</tr>
<tr>
<th>1b. INDIVIDUAL'S LAST NAME</th>
<td>FIRST NAME<br>ROBERT<br>MIDDLE NAME<br>SUFFIX<br>CITY<br>Bakco<br>STATE<br>OK<br>POSTAL CODE<br>73631<br>COUNTRY</td>
</tr>
<tr>
<th>1c. MAILING ADDRESS</th>
<td>RR 1 Box 114</td>
</tr>
<tr>
<th>1d. SEE INSTRUCTIONS</th>
<td>ADD'L INFO RE ORGANIZATION DEBTOR</td>
<th>1e. TYPE OF ORGANIZATION</th>
<td>1f. JURISDICTION OF ORGANIZATION</td>
<th>1g. ORGANIZATIONAL ID #, if any</th>
</tr>
</table>
2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME insert only one debtor name (2a or 2b) - do not abbreviate or combine names
<table>
<tr>
<th>2a. ORGANIZATION'S NAME</th>
<td></td>
</tr>
<tr>
<th>2b. INDIVIDUAL'S LAST NAME</th>
<td>FIRST NAME<br>MIDDLE NAME<br>SUFFIX<br>CITY<br>Beaver<br>STATE<br>OK<br>POSTAL CODE<br>73632<br>COUNTRY</td>
</tr>
<tr>
<th>2c. MAILING ADDRESS</th>
<td>PO Box 947</td>
</tr>
<tr>
<th>2d. SEE INSTRUCTIONS</th>
<td>ADD'L INFO RE ORGANIZATION DEBTOR</td>
<th>2e. TYPE OF ORGANIZATION</th>
<td>2f. JURISDICTION OF ORGANIZATION</td>
<th>2g. ORGANIZATIONAL ID #, if any</th>
</tr>
</table>
3. SECURED PARTY'S NAME (or NAME of TOTALASSIGNEE of ASSIGNOR S/P) insert only one secured party name (1a or 1b)
<table>
<tr>
<th>3a. ORGANIZATION'S NAME</th>
<td></td>
</tr>
<tr>
<th>3b. INDIVIDUAL'S LAST NAME</th>
<td>FIRST NAME<br>MIDDLE NAME<br>SUFFIX<br>CITY<br>Beaver<br>STATE<br>OK<br>POSTAL CODE<br>73632<br>COUNTRY</td>
</tr>
<tr>
<th>3c. MAILING ADDRESS</th>
<td>PO Box 947</td>
</tr>
</table>
4. This FINANCING STATEMENT covers the following collateral:
BLANKET: ALL LIVESTOCK BRANDED OR UNBRANDED NOW OWNED OR IN POSSESSION OF DEBTOR OR HEREAFTER ACQUIRED BY WAY OF REPLACEMENT, SUBSTITUTION, INCREASE OR ADDITION.
5. ALTERNATIVE DESIGNATION [if applicable] | LESSEE/LESSOR | CONSIGNEE/CONSIGNOR | BAILEE/BAILOR | SELLER/BUYER | AG. LIEN | NON-UCC FILING
6. THIS FINANCING STATEMENT is to be filled for record] (or recorded) in the REAL ESTATES RECORDS | Attach Addendum [if applicable]
7. Check to REQUEST SEARCH REPORT(S) on Debtor (optional) (a) [ADDITIONAL FEE]
All Debtors | Debtor 1 | Debtor 2
8. OPTIONAL FILER REFERENCE DATA
International Association of Commercial Administrators (IACA)
FILING OFFICE COPY-UCC FINANCING STATEMENT (FORM UCC1) (REV. OS/22/02)
UCC FINANCING STATEMENT AMENDMENT
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
A. NAME & PHONE OF CONTACT AT FILER [optional]
JMEIER
580-625-4800
B. SEND ACKNOWLEDGEMENT TO: (Name and Address)
20150202020104410 CN1
02/02/2015 04:19:46 PM
Book: Page:0
PageCount:1
Filing Fee:$10.00
Doc. Tax:$0.00
State of Oklahoma
County of Oklahoma
Oklahoma County Clerk
Carolynn Caudill
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1a. INITIAL FINANCING STATEMENT FILE #
20100304020206440
1b. This FINANCING STATEMENT AMENDMENT is
to be filled [for record] (or recorded) in the
REAL ESTATE RECORDS.
2. TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of the Secured Party authorizing this Termination Statement.
3. CONTINUATION: Effectiveness of the Financing Statement identified above with respect to security interest(s) of the Secured Party authorizing this Continuation Statement is continued for additional period provided by applicable law.
4. ASSIGNMENT (full or partial): Give name of assignee in item 7a or 7b and address of assignee in item 7c; and also give name of assignor in item 9.
5. AMENDMENT (PARTY INFORMATION):
This Amendment Debtor or Secured Party of record. Check only one of these two boxes.
affects
Also check one of the following three boxes and provide appropriate information in items 5 and/or 7
CHANGE name and/or address: Please refer to the detailed instructions in regards to changing the name/address of party.
DELETE name: Give record name to be deleted in item 7a or 7b.
ADD name: Complete item 7a or 7b, and also item 7c; also complete items 7e-7g(if applicable).
6. CURRENT RECORD INFORMATION
6a. ORGANIZATION'S NAME
6b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
BRANSGROVE ROBERT
7. CHANGED (NEW) OR ADDED INFORMATION:
7a. ORGANIZATION'S NAME
7b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY
7d. SEE INSTRUCTIONS ADD'L INFO RE ORGANIZATION DEBTOR
7e. TYPE OF ORGANIZATION
7f. JURISDICTION OF ORGANIZATION
7g. ORGANIZATIONAL ID #, if any
NONE
8. AMENDMENT (COLLATERAL CHANGE): check only one box
Describe Collateral: deleted or added, or give entire restated collateral description, or describe collateral assigned
BLANKET: ALL LIVESTOCK BRANDERD OR UNBRANDED NOW OWNED OR IN POSSESSION OF DEBTOR OR HEREAFTER ACQUIRED BY WAY OF REPLACEMENT, SUBSTITUTION, INCREASE OR ADDITION.
9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT (name of assignor, if this is an Assignment). If this is an Amendment authorized by a Debtor which adds collateral or adds the authorizing Debtor, or if this is a Termination authorized by a Debtor, check here and enter name of DEBTOR authorizing this Amendment
9a. ORGANIZATION'S NAME FIRST SECURITY BANK
9b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
10. OPTIONAL FILER REFERENCE DATA
UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS
A. NAME & PHONE OF CONTACT AT FILER(optional)
MCASAS 580-625-4500
B. E-MAIL CONTACT AT FILER (optional)
C. SEND ACKNOWLEDGMENT TO: (Name and Address)
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1. DEBTOR'S NAME: Provide only one Debtor name (1a or 1b) (use exact, full name; do not omit, modify, or abbreviate any word of the Debtor's name).
1a. ORGANIZATION'S NAME
ROBERT EUGENE BRANSON GROVE REVOCABLE TRUST
1b. INDIVIDUAL'S SURNAME | FIRST PERSONAL NAME | ADDITIONAL NAME(S)/INITIAL(S) | SUFFIX
2c. MAILING ADDRESS
RR 1 Box 114
CITY Balke
STATE OK
POSTAL CODE 73931
COUNTRY
2. DEBTOR'S NAME: Provide only one Debtor name (2a or 2b) (use exact, full name; do not omit, modify, or abbreviate any word of the Debtor's name).
2a. ORGANIZATION'S NAME
2b. INDIVIDUAL'S SURNAME | FIRST PERSONAL NAME | ADDITIONAL NAME(S)/INITIAL(S) | SUFFIX
2c. MAILING ADDRESS | CITY | STATE | POSTAL CODE | COUNTRY
3. SECURED PARTY'S NAME:(or NAME of ASSIGNEE of ASSIGNOR SECURED PARTY ): Provide only one Secured Party name ( 3a or 3b)
3a. ORGANIZATION'S NAME
FIRST SECURITY BANK
3b. INDIVIDUAL'S SURNAME | FIRST PERSONAL NAME | ADDITIONAL NAME(S)/INITIAL(S) | SUFFIX
3c. MAILING ADDRESS
PO Box 847
CITY Beaver
STATE OK
POSTAL CODE 73932
COUNTRY
4. COLLATERAL: This FINANCING STATEMENT covers the following collateral:
BLANKET: All livestock branded or unbranded now owned or in possession of debtor or hereafter, acquired by way or replacement, substitution increase or addition.
5. Check only if applicable and check only one box: Collateral is held in a Trust (see instructions) being administered by a Decedent's Personal Representative
6a. Check only if applicable and check only one box:
☐ Public-Finance Transaction ☐ Manufactured-Home Transaction ☐ A Debtor is a Transmitting Utility ☐ Agricultural Lien ☐ Non-UCC Filing
6b. Check only if applicable and check only one box:
☐ Licensee/Lessee/Bailor ☐ Seller/Buyer ☐ Consignee/Consignor
7. ALTERNATIVE DESIGNATION (if applicable): ☐ Licensee/Lessee/Bailor ☐ Seller/Buyer ☐ Consignee/Consignor
8. OPTIONAL FILER REFERENCE DATA
UCC FINANCING STATEMENT AMENDMENT
FOLLOW INSTRUCTIONS
A. NAME & PHONE OF CONTACT AT FILER (optional)
MCASAS
580-625-4500
B. E-MAIL CONTACT AT FILER (optional)
C. SEND ACKNOWLEDGMENT TO: (Name and Address)
1a. INITIAL FINANCING STATEMENT FILE NUMBER
20100304020206440
2. ☐ TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of Secured Party authorizing this Termination Statement.
3. ☐ ASSIGNMENT (full or partial): Provide name of Assignee in Item 7a or 7b and address of Assignee in Item 7c and name of Assignor in Item 8.
For partial assignment, complete Items 7 and 9 and also indicate affected collateral in item 8
4. ☑ CONTINUATION: Effectiveness of the Financing Statement identified above with respect to security interest(s) of Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law.
5. ☐ PARTY INFORMATION CHANGE:
Check one of these two boxes:
AND Check one of these three boxes to:
This Change affects ☐ Debtor or ☐ Secured Party of record ☐ CHANGE name and/or address: Complete Item 6a or 6b and Item 7a or 7b and Item 7c ☐ ADD name: Complete Item 7a or 7b, and Item 7c ☐ DELETE name: Give record name to be deleted in Item 6a or 6b.
6. CURRENT RECORD INFORMATION: Complete for Party Information Change—provide only one name(6a or 6b)(use exact, full name; do not omit, modify or abbreviate any word in the Debtor’s name)
OR
6a. ORGANIZATION’S NAME
6b. INDIVIDUAL’S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX
7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party Information Change - provide only one name(7a or 7b)(use exact, full name; do not omit, modify, or abbreviate any word of the Debtor’s name)
OR
7a. ORGANIZATION’S NAME
7b. INDIVIDUAL’S SURNAME
FIRST PERSONAL NAME
ADDITIONAL NAME(S)/INITIAL(S) That are part of the name of this Debtor SUFFIX
7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY
8. COLLATERAL CHANGE: Also check one of these four boxes: ☐ ADD collateral ☐ DELETE collateral ☐ RESTATE covered collateral ☐ ASSIGN collateral
Indicate collateral:
BLANKET: ALL LIVESTOCK BRANDED OR UNBRANDED NOW OWNED OR IN POSSESSION OF DEBTOR OR HEREAFTER ACQUIRED BY WAY OF REPLACEMENT, SUBSTITUTION, INCREASE OR ADDITION.
9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only one name (9a or 9b)(name of Assignor, if this is an Assignment)
If this is an Amendment authorized by a DEBTOR, check here ☐ and provide name of authorizing DEBTOR
OR
9a. ORGANIZATION’S NAME
FIRST SECURITY BANK
9b. INDIVIDUAL’S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX
10. OPTIONAL FILER REFERENCE DATA
UCC FINANCING STATEMENT AMENDMENT ADDENDUM
FOLLOW INSTRUCTIONS
11. INITIAL FINANCING STATEMENT FILE NUMBER: same as item 1a on Amendment form
20100304020206440
12. NAME OF PARTY AUTHORIZING THIS AMENDMENT same as item 9 on Amendment form
12a. ORGANIZATION'S NAME
FIRST SECURITY BANK
OR
12b. INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADDITIONAL NAME(S)/INITIAL(S) SUFFIX
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
13. Name of DEBTOR on related financial statement (Name of a current Debtor of record required for indexing purposes only in some filing offices - see instruction item 13): insert only one Debtor name (13a or 13b)(use exact, full name; do not omit, modify, or abbreviate any word of the Debtor's name)
13a. ORGANIZATION'S NAME
OR
13b. INDIVIDUAL'S SURNAME BRANSBROVE FIRST PERSONAL NAME ROBERT ADDITONAL NAME(S)/INITIAL(S) SUFFIX
14. ADDITIONAL SPACE FOR ITEM 8 (Collateral):
15. This FINANCING STATEMENT AMENDMENT:
[ ] covers timber to be cut [ ] covers as-extracted collateral [ ] is filed as a fixture filing
16. Name and address of a RECORD OWNER of real estate in item 17
(If Debtor does not have a record interest):
17. Description of real estate:
18. MISCELLANEOUS:
UCC FINANCING STATEMENT AMENDMENT
FOLLOW INSTRUCTIONS
A. NAME & PHONE OF CONTACT AT SUBMITTER (optional)
First Security Bank - Maria Casas - 5806254500
B. E-MAIL CONTACT AT SUBMITTER (optional)
C. SEND ACKNOWLEDGMENT TO: (Name and Address)
First Security Bank
Maria Casas
15 S Douglas
Beaver, OK 73932
United States
SEE BELOW FOR SECURED PARTY CONTACT INFORMATION
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1a. INITIAL FINANCING STATEMENT FILE NUMBER
20200218020163950
1b. ☐ This FINANCING STATEMENT AMENDMENT is to be filed [for record]
(or recorded) in the REAL ESTATE RECORDS
Filler: attach Amendment Addendum (Form UCC3Ad) and provide Debtor's name in
2. ☐ TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to the security interest(s) of Secured Party(s) authorizing this Termination Statement
3. ☐ ASSIGNMENT: Provide name of Assignee in item 7a or 7b, and address of Assignee in item 7c and name of Assignor in item 9
For partial assignment, complete items 7 and 8; check ASSIGN Collateral box in item 8 and describe the affected collateral in item 8
4. ✔ CONTINUATION: Effectiveness of the Financing Statement identified above with respect to the security interest(s) of Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law
5. PARTY INFORMATION CHANGE:
Check one of these two boxes:
This Change affects ☒ Debtor or ☐ Secured Party of record
AND Check one of these three boxes to:
CHANGE name and/or address: Complete ☐ item 6a or 6b; and item 7a or 7b and item 7c
ADD name: Complete item ☐ 7a or 7b, and item 7c
DELETE name: Give record name to be deleted in item 6a or 6b
6. CURRENT RECORD INFORMATION: Complete for Party Information Change - provide only org name (6a or 6b)
6a. ORGANIZATION'S NAME
OR
6b. INDIVIDUAL'S SURNAME | FIRST PERSONAL NAME | ADDITIONAL NAME(S)/INITIAL(S) | SUFFIX
7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party Information Change - provide only org name (7a or 7b) (use exact full name; do not omit, modify, or abbreviate any part of the Debtor's name)
7a. ORGANIZATION'S NAME
OR
7b. INDIVIDUAL'S SURNAME
INDIVIDUAL'S FIRST PERSONAL NAME
INDIVIDUAL'S ADDITIONAL NAME(S)/INITIAL(S) | SUFFIX
7c. MAILING ADDRESS | CITY | STATE | POSTAL CODE | COUNTRY
8. COLLATERAL CHANGE: Also check one of these four boxes: ☐ ADD collateral ☐ DELETE collateral ☐ RESTATE covered collateral ☐ ASSIGN* collateral
Indicate collateral:
*Check ASSIGN COLLATERAL only if the assignee's power to amend the record is limited to certain collateral and describe the collateral in Section 8
9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only one name (9a or 9b) (name of Assignor, if this is an Assignment)
If this is an Amendment authorized by a DEBTOR, check here ☐ and provide name of authorizing Debtor
9a. ORGANIZATION'S NAME
FIRST SECURITY BANK
OR
9b. INDIVIDUAL'S SURNAME | FIRST PERSONAL NAME | ADDITIONAL NAME(S)/INITIAL(S) | SUFFIX
10. OPTIONAL FILER REFERENCE DATA:
FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT (Form UCC3) (DISCUSSION DRAFT Rev. 07/01/23)