UNITED STATES OF AMERICA ACTING THROUGH THE FARMERS HOME ADMINISTRATION, UNITED STATES DEPARTMENT OF AGRICULTURE v. JAYSON GREENHOWARD

IN THE DISTRICT COURT WITHIN AND FOR LOGAN COUNTY STATE OF OKLAHOMA UNITED STATES OF AMERICA ACTING THROUGH ) THE FARMERS HOME ADMINISTRATION, UNITED ) STATES DEPARTMENT OF AGRICULTURE, ) Plaintiff, vs. JAYSON GREENHOWARD; UNKNOWN SPOUSE OF JAYSON GREENHOWARD; OCCUPANTS OF THE PREMISES, IF ANY Defendants. PETITION Comes now the Plaintiff and for its cause of action against the Defendant above named, alleges and states: 1. That the Plaintiff was at all times hereinafter mentioned, and now is, a Federal Agency duly organized, existing and authorized to bring this action. That Mary L. Swindall is deceased as further plead herein. That the defendants, Jayson Greenhoward, are claiming some right, title or interest in and to the subject property, but that any right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity which said defendant, may have or claim to have is subsequent, junior and inferior to the first mortgage lien of the Plaintiff. That the Plaintiff does not know, and with due diligence is unable to ascertain, the true and correct name(s) of the individual(s) occupying the real property, and therefore sues said individual(s) by the name(s) of Occupant(s) of the premises, whose true and correct name(s) are unknown to Plaintiff. That said individual(s) are made party defendant(s) herein to foreclose any right, title, or interest which they may have or claim to have in and to the real estate and premises herein sued upon by reason of their occupancy. 2. That the original maker(s), for a good and valuable consideration, made, executed and delivered to the Payee, a certain written purchase money promissory note; a true authoritative copy of said note is hereto attached, marked Exhibit "A" and made a part hereof by reference. 3. That as a part of the same transaction, and to secure the payment of the note above described and the indebtedness represented thereby, the owner(s) of the real estate hereinafter described, made, executed and delivered to the Payee of said note, a certain purchase money real estate mortgage in writing, and therein and thereby mortgaged and conveyed to said mortgagee the following described real estate situated in Logan County, State of Oklahoma, to-wit: LOT SIX (6), IN BLOCK THREE (3), TOMORROW'S SILVER VALLEY, BEING A SUBDIVISION OF A PORTION OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 2 WEST OF THE INDIAN MERIDIAN, ACCORDING TO THE RECORDED PLAT IN BOOK 5 PLATS, PAGE 67, LOGAN COUNTY, OKLAHOMA.; with the buildings and improvements and the appurtenances, (including any modular, manufactured or mobile home located thereon) hereditaments and all other rights thereunto appertaining or belonging, and all fixtures then or thereafter attached or used in connection with said premises. That said mortgage was duly executed and acknowledged according to law, the mortgage tax duly paid thereon, and was filed in the office of the County Clerk of Logan County, Oklahoma, and therein recorded at March 29, 1985, in Book No. 1044, at Page 628, which mortgage and the record thereof is incorporated herein by reference as provided by law. Together with all Modification Agreements entered into subsequent to the execution and recording of the mortgage herein sued upon. 4. That thereafter, for a good and valuable consideration, said note and mortgage were assigned and endorsed to the Plaintiff. That Plaintiff has complied with all of the terms, conditions precedent and provisions of said note and mortgage, and is duly empowered to bring this suit. 5. Said mortgage provides that in addition to and together with the monthly payments of principal and interest as provided in said note, the mortgagor(s) will pay on the first day of each month, installments of taxes, assessments and insurance premiums, if any, relating to said property and said mortgage, agreed to be paid on said note and mortgage by said makers thereof. 6. That said note and mortgage provide that if default be made in the payment of any of the monthly installments, or on failure or neglect to keep or perform any of the other conditions and covenants of the mortgage, that the entire principal sum and accrued interest, together with all other sums secured by said mortgage, shall at once become due and payable, at the option of the holder thereof, and the holder shall be entitled to foreclose said mortgage and recover the unpaid principal thereon and all expenditures of the mortgagee made thereunder, with interest thereon, and to have said premises sold and the proceeds applied to the payment of the indebtedness secured thereby, together with all legal and necessary expense and all costs. 7. That default has been made upon said note and mortgage in that the installments due September 28, 2016, and thereafter have not been paid. 8. That preliminary to the bringing of this action, and as a necessary expense thereof, this Plaintiff caused the abstract of title to be extended and certified to date at a cost of a reasonable amount for title search and examination expenses of a reasonable amount with interest per annum thereon, until paid. 9. That said note and mortgage provide that in case of a foreclosure of said mortgage and as often as any proceedings shall be taken to foreclose the same, the makers will pay an attorney's fee as therein provided, and that the same shall be a further charge and lien on said premises. 10. That after allowing all just credits there is due to Plaintiff on said note and mortgage the sum of $15,977.49, with 11.875% interest per annum thereon from August 28, 2016, until paid; said abstract expense of a reasonable amount with interest thereon, until paid; title search and examination expenses of a reasonable amount with interest per annum thereon, until paid; and a reasonable attorney's fee, and for all costs of this action; and for all charges due under the terms of the note and mortgage, and for such sums as may have been advanced since default on the indebtedness herein sued upon or may be hereafter advanced or incurred by Plaintiff through completion of this action, including taxes, recording fees, assessments, hazard insurance premiums, expenses reasonably necessary for the preservation of the subject property, or of the priority of Plaintiff's first mortgage lien, and further including costs, expenses and attorneys fees incurred in any bankruptcy instituted by any party defendant and all expenses, costs and attorneys fees of execution and sale, including poundage upon sale and that said amounts are secured by said mortgage and constitute a first, prior and superior lien upon the real estate and premises above described. 11. That said mortgage specifically provides that appraisement of said property is expressly waived or not waived at the option of the mortgagee. 12. Plaintiff further alleges as follows: (a) The Plaintiff is informed and believes and so alleges that subsequent to the execution, delivery and recording of the note and mortgage herein sued upon by the Plaintiff, and on or about December 18, 2014, Mary L. Swindall died intestate, a resident of Logan County, Oklahoma. That there appears of record in the office of the District Court of County, Oklahoma, a Petition for Letters of Administrations and Appointment of Personal Representative and for a Determination of Heirs, in Case No. PB-2015-8, entitled In the Matter of the Estate of Mary L. Swindall, Deceased, filed on January 13, 2015, and that a Notice of Final Probate Decree Transferring Real Property to Jayson Greenhoward was recorded with the Logan County Clerk on May 19, 2015, at book 2586, page 59. That the defendants, Jayson Greenhoward; Unknown Spouse of Jayson Greenhoward; Occupants of the Premises, if any, may be claiming some right, title, lien, estate, encumbrance, claim, assessment or interest in or to the real estate and premises involved herein adverse to the Plaintiff, which constitutes a cloud upon the title of Plaintiff, but that any right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity which said defendants, or any or either of them may have or claim to have, is subsequent, junior and inferior to the first mortgage lien of the Plaintiff. That said interest or claims arising by reason of the foregoing facts and circumstances, as well as any other right, title or interest which the defendants named herein, or any or either of them have or claim to have, in or to said real estate and premises is subsequent, junior and inferior to the mortgage and lien of the Plaintiff. 13. In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C.A. Sec.1692(g), if applicable, unless the person or entity responsible for the payment of the above debt, within thirty days after receipt of this notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid; and if said person or entity notifies the undersigned attorney for Plaintiff in writing within said thirty day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debt and a copy of such verification will be mailed to said person or entity by the undersigned attorney for Plaintiff; and upon written request by you within the thirty day period, the undersigned attorney for Plaintiff will provide the name and address of the original creditor, if different from the current creditor. WHEREFORE, Plaintiff prays judgment in REM, in the sum of $15,977.49, with 11.875% interest per annum thereon from August 28, 2016, until paid; abstract expense of a reasonable amount, with interest thereon, until paid; title search and examination expenses of a reasonable amount with interest per annum thereon, until paid; and a reasonable attorney's fee, and for all costs of this action; and for all charges due under the terms of the note and mortgage, and for such sums as may have been advanced since default on the indebtedness herein sued upon or may be hereafter advanced or incurred by Plaintiff through completion of this action, including taxes, recording fees, assessments, hazard insurance premiums, expenses reasonably necessary for the preservation of the subject property, or of the priority of Plaintiff's first mortgage lien, and further including costs, expenses and attorneys fees incurred in any bankruptcy instituted by any party defendant and all expenses, costs and attorneys fees of execution and sale, including poundage upon sale, on any judgment hereafter entered in this cause, including poundage upon sale, and for all costs of this action. And for a further judgment against all of the Defendants in and to this cause adjudging: That all of the Defendants herein be required to appear and set forth any right, title, claim or interest which they have, or may have, in and to said real estate and premises; and That said mortgage be foreclosed and that the same be declared a valid first, prior and superior lien upon the real estate hereinbefore described, for and in the amounts above set forth, and ordering said real estate and premises sold, for cash, with or without appraisement, as the Plaintiff may elect at the time judgment is entered as provided in said mortgage and by law, subject to unpaid taxes, advancements by Plaintiff for taxes, insurance premiums, or expenses necessary for the preservation of the subject property, if any, to satisfy said judgment, and that the proceeds arising therefrom be applied to the payment of the costs herein, and the payments and satisfaction of the judgment, mortgage and lien of this Plaintiff, and that the surplus, if any, be paid into Court to abide the further order of the Court. That should the proceeds of sale be insufficient to pay the Plaintiff's judgment and upon application of Plaintiff and hearing, a deficiency judgment be awarded to Plaintiff against such Defendants as may be personally liable therefor, all as provided by law. That all right, title and interest of said Defendants, and each of them, if any, in and to said real estate, be adjudged subject, junior and inferior to the mortgage lien and judgment of this Plaintiff, and that upon confirmation of such sale, the Defendants herein, and each of them, and all persons claiming by, through or under them since the commencement of this action, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to said premises, or any part thereof; That this Plaintiff have such other and further relief as may be just and equitable. Signed and dated this 30th, day of April, 2026. ATTORNEYS' LIEN CLAIMED. LAMUN MOCK CUNNYNGHAM & DAVIS, P.C. Kelly M. Parker, OBA#22673 LAMUN MOCK CUNNYNGHAM & DAVIS, P.C. 5621 N. Classen Blvd. Oklahoma City, OK 73118 (405) 840-5900 Fax (405) 842-3132 [email protected] Attorney for Plaintiff FORM FMHA 440-16 (Rev. 11-10-75) UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION KIND OF LOAN Type: RH Pursuant to: ☐ Consolidated Farm and Rural Development Act. ☒ Title V of the Housing Act of 1949. STATE: OKLAHOMA COUNTY: LOGAN CASE NO.: [blacked out] PROMISSORY NOTE Date: MARCH 29, 1985 FOR VALUE RECEIVED, the undersigned (whether one or more persons, herein called "Borrower") jointly and severally promise to pay to the order of the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, (herein called the "Government") at its office in GUTHRIE, OKLAHOMA 73044, THE PRINCIPAL SUM OF FORTY-FOUR THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($44,500.00), plus INTEREST on the UNPAID PRINCIPAL of ELEVEN AND SEVEN-EIGHTHS PERCENT (11 7/8%) PER ANNUM. Payment of the said Principal and Interest shall be as agreed between the Borrower and the Government using one of four alternatives as indicated below: (check one) ☐ I. Principal and Interest payments shall be deferred. The first installment shall be all accrued interest and shall be due on ____________, 19__. Payment of Principal and later accrued Interest shall be in ____________ installments as indicated in the box below; ☐ II. Principal and Interest payments shall be deferred. The interest accrued to ________________________________, 19_____ shall be added to the Principal. Such new Principal and later accrued Interest shall be payable in ____________ regular amortized installments on the dates indicated in the box below. Borrower authorizes the Government to enter the amount of such new Principal herein $________________________ and the amount of such regular installments in the box below, when such amounts have been determined. ☐ III. Payment of Interest shall not be deferred. Installments of accrued Interest shall be payable on the ____________ of each ____________ beginning on ________________, 19__, through ________________, 19__, Principal and later accrued Interest shall be paid in ____________ installments as indicated in the box below; ☒ IV. Payments shall not be deferred. Principal and Interest shall be paid in 396 installments as indicated in the box below: $450.00 on APRIL 28, 1985, and $450.00 thereafter on the 28th of each MONTH until the PRINCIPAL and INTEREST are fully paid except that the FINAL INSTALLMENT of the entire indebtedness evidenced hereby, if not sooner paid, shall be due and PAYABLE THIRTY-THREE (33) YEARS from the DATE of this NOTE. The consideration herefor shall support any agreement modifying the foregoing schedule of payments. EXHIBIT "A" Position 2 PAGE 1 OF 3 PAGES If the total amount of the loan is not advanced at the time of loan closing, the loan shall be advanced to the Borrower as requested by Borrower and approved by the Government. Approval of the Government is mandatory provided the advance is requested for a purpose authorized by the Government. Interest shall accrue on the amount of each advance from its actual date as shown on the reverse hereof. Borrower authorizes the Government to enter the amount and date of such advance in the Record of Advances. Every payment made on any indebtedness evidenced by this note shall be applied first to interest computed to the effective date of the payment and then to principal. Prepayments of scheduled installments, or any portion thereof, may be made at any time at the option of Borrower. Refunds and extra payments, as defined in the regulations (7 C.F.R. 1861.2) of the Farmers Home Administration according to the source of funds involved, shall, after payment of interest, be applied to the installments last to become due under this note and shall not affect the obligation of Borrower to pay the remaining installments as scheduled herein. Borrower agrees that the Government at any time may assign this note and insure the payment thereof, and in such case, though the note is not held by the Government, Borrower shall continue to pay to the Government, as collection agent for the holder, all installments of principal and interest as scheduled herein. If this note is held by an insured lender, prepayments made by Borrower may, at the option of the Government, be remitted by the Government to the holder promptly or, except for final payment, be retained by the Government and remitted to the holder on either a calendar quarter basis or an annual installment due date basis. The effective date of any prepayment retained and remitted by the Government to the holder on an annual installment due date basis shall be the date of the prepayment by Borrower, and the Government will pay the interest to which the holder is entitled accruing between the effective date of any such prepayment and the date of the Treasury check to the holder. Borrower hereby certifies that he is unable to obtain sufficient credit elsewhere to finance his actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near his community for loans for similar purposes and periods of time, and that the loan evidenced hereby shall be used solely for purposes authorized by the Government. Property constructed, improved, purchased, or refinanced in whole or in part with the loan evidenced hereby shall not be leased, assigned, sold, transferred, or encumbered, voluntarily or otherwise, without the written consent of the Government. Unless the Government consents otherwise in writing, Borrower (a) will personally operate such property as a farm with his own and his family's labor if this is an FO loan, or (b) will personally occupy and use such property if this is an RH loan on a "nonfarm tract" or a section 504 RH loan. REFINANCING AGREEMENT: If at any time it shall appear to the Government that Borrower may be able to obtain a loan from a responsible cooperative or private credit source at reasonable rates and terms for loans for similar purposes and periods of time, Borrower will, at the Government's request, apply for and accept a loan in sufficient amount to pay this note in full and, if the lender is a cooperative, to pay for any necessary stock. This paragraph and the preceding paragraph shall not apply to any comaker signing this note pursuant to Section 502 of the Housing Act of 1949 to compensate for deficient repayment ability of other undersigned person(s). DEFAULT: Failure to pay when due any debt evidenced hereby or perform any covenant or agreement hereunder shall constitute default under any other instrument evidencing a debt of Borrower owing to, insured or Guaranteed by the Government or securing or otherwise relating to such a debt; and default under any such other instrument shall constitute default hereunder. UPON ANY SUCH DEFAULT, the Government at its option may declare all or any part of any such indebtedness immediately due and payable. This Note is given as evidence of a loan to Borrower made or insured by the Government pursuant to the Consolidated Farm and Rural Development Act or Title V of the Housing Act of 1949 and for the type of loan as is indicated in the "KIND OF LOAN" block above. This Note shall be subject to the present regulations of the Farmers Home Administration and to its future regulations not inconsistent with the express provisions hereof. Presentment, protest, and notice are hereby waived. Mary L. Swindall (BORROWER) (SEAL) (SPOUSE) 211 Milky Way Guthrie, OK 73044 RECORD OF ADVANCES <table> <tr> <th>AMOUNT</th> <th>DATE</th> <th>AMOUNT</th> <th>DATE</th> <th>AMOUNT</th> <th>DATE</th> </tr> <tr> <td>(1) $44,500.00</td> <td>3/29/85</td> <td>(8)</td> <td></td> <td>(15) $</td> <td></td> </tr> <tr> <td>(2) $</td> <td></td> <td>(9)</td> <td></td> <td>(16) $</td> <td></td> </tr> <tr> <td>(3) $</td> <td></td> <td>(10)</td> <td></td> <td>(17) $</td> <td></td> </tr> <tr> <td>(4) $</td> <td></td> <td>(11)</td> <td></td> <td>(18) $</td> <td></td> </tr> <tr> <td>(5) $</td> <td></td> <td>(12)</td> <td></td> <td>(19) $</td> <td></td> </tr> <tr> <td>(6) $</td> <td></td> <td>(13)</td> <td></td> <td>(20) $</td> <td></td> </tr> <tr> <td>(7) $</td> <td></td> <td>(14)</td> <td></td> <td>(21) $</td> <td></td> </tr> <tr> <td colspan="6">TOTAL $44,500.00 3/29/85</td> </tr> </table>