MidFirst Bank v. Henry Beckham III

IN THE DISTRICT COURT WITHIN AND FOR OKLAHOMA COUNTY STATE OF OKLAHOMA MIDFIRST BANK, Plaintiff, -vs- HENRY BECKHAM, III; SPOUSE, IF ANY, OF HENRY BECKHAM, III; UNITED STATES OF AMERICA EX REL SECRETARY OF HOUSING AND URBAN DEVELOPMENT; STATE OF OKLAHOMA EX REL OKLAHOMA TAX COMMISSION; OCCUPANT(S) OF THE PREMISES; Defendants. PETITION COMES NOW MIDFIRST BANK (herein: "Plaintiff"), and for its causes of action against the above-named defendants, alleges and states as follows: 1. Plaintiff was at all times and is duly authorized to bring this action. 2. That Henry Beckham, III (herein: "Borrower"), is obligated on a certain promissory note and mortgage described below. 3. Borrower, for good and valuable consideration, made, executed, and delivered to MidFirst Bank, a Corporation, the original lender and Plaintiff's predecessor in interest, a certain written promissory note which is the subject of this action (herein: "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A." a. The Note is dated June 28, 2002; b. The Note is made in the amount of $79,748.00; c. The Note establishes an annual fixed interest rate of 6.500%; and d. The Note is indorsed in blank. 4. As part of the same loan transaction, and in order to secure the payment of the loan made, Borrower made, executed, and delivered to MidFirst Bank, a Corporation, the original lender of the Note and Plaintiff's predecessor in interest, a mortgage and conveyed the mortgage to the mortgagee (herein: "Mortgage"). The mortgage encumbers the following property: Lot Fourteen (14), Block One (1), LAKECREST NO. 2, an Addition to Oklahoma City, Oklahoma County, Oklahoma, according to the recorded Plat thereof. (herein: "Property") with a common address 4253 NW 56th Terr, Oklahoma City, OK 73112. A true and correct copy of the Mortgage is attached as Exhibit “B.” a. The Mortgage is dated June 28, 2002; b. Henry Beckham and Michelle Beckham, Husband and wife, signed the Mortgage; and c. The Mortgage was recorded in the Oklahoma County Clerk’s Office on July 1, 2002, at Book 8482, and Page 1923. 5. In addition to the Note and Mortgage described above, Borrower received and executed a Loan Modification. A true and correct copy of the Loan Modification is attached as an addendum to the Mortgage at Exhibit “C.” a. The Loan Modification recorded on February 22, 2017, at Book 13364, and Page 880, deferred a portion for the principal balance, extended the maturity date, and lowered the interest rate to 3.875%. b. The Loan Modification recorded on February 28, 2020, at Book 14274, and Page 328, added capitalized interest to the principal balance, extended the maturity date and increased the interest rate to 4.000%. c. The Loan Modification recorded on May 8, 2024, at Book 15747, and Page 1988, increased the principal balance, extended the maturity date and increased the interest rate to 7.250%. 6. By virtue of Warranty Deed, Borrower is the present record owner of the subject Property. The Warranty Deed was recorded with the Oklahoma County Clerk’s Office on July 1, 2002, at Book 8482, and Page 1842. 7. The Borrower is obligated on the subject Note and has not been released from liability thereon. 8. The Mortgage encumbers the real estate along with all the improvements, easements, appurtenances, and fixtures from the date of the execution to present and hereafter, as well as all replacements and additions to the Property. Mortgage, Ex. B. 9. Plaintiff is entitled to enforce the Note in accordance with OKLA. STAT. TIT. 12A, §3-301. 10. Plaintiff has complied with all the terms and conditions of the Note and Mortgage. 11. Borrower is in default. The default claimed is failure to make payment, and the default date is January 1, 2025. The default has not been cured by any available means. 12. The Note and Mortgage provide that if default is made as to any of the terms of the Note and Mortgage by Borrower, or if Borrower fails to perform any of the other obligations described in the Note and Mortgage, that the entire unpaid principal, interest, and all other sums allowed and secured by the Note and Mortgage, shall become due and payable at the option of the Plaintiff. Further, in response to Borrower’s default, Plaintiff is entitled to foreclose the mortgage to recover all amounts due, and to have the Property sold and all proceeds applied to the payment of the entire indebtedness described, allowed, and secured by the Note and Mortgage. 13. Plaintiff has made demand and has accelerated this loan in accordance with the Note, Mortgage, and applicable law. 14. As a necessary measure in the furtherance of enforcing this Note and Mortgage, Plaintiff has incurred costs, which are a further lien upon the Property secured by the Mortgage. 15. The Note and Mortgage provide that the attorney fees incurred by Plaintiff in the enforcement of the Note and Mortgage are the responsibility of Borrower and constitute a further lien on the Property secured by the Mortgage. 16. After consideration of all credits to this loan account, Plaintiff is due the sum of $64,864.91 in unpaid principal balance, with 7.250% interest per annum thereon, or as adjusted by the Note and Mortgage, from January 1, 2025, until paid; and all other costs of this action including title costs, late fees, NSF fees, escrow advances, corporate advances, property preservation costs, attorney fees, and all costs and fees associated with the furtherance of this action, which is a first, prior, and superior lien on the Property. 17. Borrower may claim some right, title, lien, estate, encumbrance, claim, assessment, or other interest in the Property by virtue of a possible homestead interest which they may have or claim to have in the Property. 18. With respect to the additional defendants, Plaintiff alleges as follows: a. Additional defendant, Spouse, if any, of Henry Beckham, III, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of any possible homestead interest which he/she may have or claim to have in or to the Property. b. Additional defendant, United States of America ex rel Secretary of Housing and Urban Development, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of Subordinate Mortgages recorded at the Oklahoma County Clerk’s Office on October 15, 2010, at Book 11481, and Page 1339; and on February 9, 2017, at Book 13355, and Page 1674. c. Additional defendant, State of Oklahoma ex rel Oklahoma Tax Commission, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of a lien recorded at the Oklahoma County Clerk’s Office on October 31, 2022, at Book 15309, and Page 1567; and on June 14, 2023, at Book 15483, and Page 560. d. Additional defendants, Occupant(s), if any, of the Premises, whose true and correct legal identities are unknown to the Plaintiff at this time, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of occupancy of the Property. e. Plaintiff further asserts that any right, title, lien, estate, encumbrance, claim assessment, or interest claimed by any defendant is subordinate and inferior to the mortgage lien claimed by Plaintiff. Plaintiff respectfully requests that each and every defendant claiming and interest in the Property be required to establish the claimed right herein or be barred forever for further asserting such a claim. WHEREFORE, Plaintiff prays for a judgment in personam against Borrower in the amount of $64,864.91, with 7.250% interest per annum thereon, or as adjusted by the Note and Mortgage, from January 1, 2025, until paid; all abstracting and title costs incurred by Plaintiff to enforce the Note and Mortgage; all late charges; NSF fees; escrow advances; corporate advances; taxes; insurance premiums; property preservation charges; attorney fees; and all fees and costs associated with this action as allowed by the Note and Mortgage. FURTHER, Plaintiff prays for judgment in rem against Borrower, the Property, the Premises, and all other defendants, awarding judgment as follows: All defendants have set out their purported claims to the Property or have waived their rights to do so. Plaintiff’s mortgage is declared a first, prior, and superior lien on the Property as to all other claims asserted, and further declaring that Plaintiff is entitled to all amounts set forth herein. That Plaintiff is entitled to foreclose the Mortgage, and the Property shall be sold for cash and that sale shall be had with appraisement. The proceeds of the sale shall be applied first to the payment of the costs incurred herein, and then to the satisfaction of the judgment amount, Mortgage, and lien asserted by Plaintiff. That Plaintiff's Mortgage lien interest is prior, first, and superior to all other claims of defendants. That all right, title, claim, encumbrance, or interest claimed by any defendant shall be adjudged junior, inferior, and subject to Plaintiff's Mortgage lien. That upon confirmation of the sale, that all and each of the defendants herein, be forever foreclosed, barred, and enjoined from asserting claim of a right, title, estate, encumbrance, or other interest of any nature to the Property. Finally, Plaintiff prays for any and all further relief this Court deems just and equitable. Respectfully submitted, Sally E. Garrison, OBA #18709 Alex S. Rivera, OBA #32269 Amy R. Sullivan, OBA #35938 The Mortgage Law Firm, PLLC 421 NW 13th Street, Suite 300 Oklahoma City, OK 73103 Telephone: (405) 246-0602 Facsimile: (405) 698-0007 [email protected] [email protected] [email protected] Attorneys for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Multistate NOTE FHA Case No June 28, 2002 [Date] 4253 NW 56TH TERR OKLAHOMA CITY OK 73112 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assignees "Lender" means MidFirst Bank a Corporation and its successors and assignees 2 BORROWER'S PROMISE TO PAY, INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of Seventy Nine Thousand Seven Hundred Forty Eight and no/100 Dollars (U S $ 79 748 00 ), plus interest, to the order of Lender Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Six and One / Half percent ( 6 5000 %) per year until the full amount of principal has been paid 3 PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note 4 MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on August 1 , 2002 Any principal and interest remaining on the first day of July , 2032 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at P O Box 268888 Oklahoma City OK 73126-8888 or at such place as Lender may designate in writing by notice to Borrower (C) Amount Each monthly payment of principal and interest will be in the amount of U S $ 504 06 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note [Check applicable box] ☐Graduated Payment Allonge ☐Growing Equity Allonge ☐Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes 6 BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent (4%) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8 GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note [Seal] - Borrower [Seal] - Borrower [Seal] - Borrower [Seal] - Borrower [Seal] - Borrower [Seal] - Borrower Henry Beckham II (Seal) HENRY BECKHAM - Borrower [Seal] - Borrower [Seal] - Borrower [Seal] - Borrower Without Recourse Pay to the Order of From MidFirst Bank By Styrilng Metzger, Vice President WITHOUT RECOUPSE PAY TO THE ORDER OF TO MIDFIRST BANK FROM MIDFIRST BANK BY NATALIE D JONES, VICE PRESIDENT MORTGAGE THIS MORTGAGE ("Security Instrument") is given on June 28, 2002 The Mortgagor is HENRY BECKHAM and MICHELLE BECKHAM, Husband AND WIFE ("Borrower"). This Security Instrument is given to MidFirst Bank, a Corporation which is organized and existing under the laws of the State of Oklahoma, and whose address is 11001 N. Rockwell Ave., Oklahoma City, OK 73162-2722 ("Lender"). Borrower owes Lender the principal sum of Seventy Nine Thousand Seven Hundred Forty Eight and no/100 Dollars (U.S.$ 79,748.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on July 1, 2032. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender, with power of sale, the following described property located in Oklahoma County, Oklahoma: LOT FOURTEEN (14), BLOCK ONE (1), LAKECREST NO. 2, AN ADDITION TO OKLAHOMA CITY, OKLAHOMA, COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. which has the address of 4253 NW 56TH TERR OKLAHOMA CITY [City], Oklahoma 73112 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid directly to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. sections 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), ensure that the cushion or reserve permitted by RESPA for undeposited disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tendered to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installments items (a), (b), and (c) and any monthly insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or so the monthly charge by the Secretary issued for the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums or required by law; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to loss charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be issued with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall contain loss payable clauses in favor of, and to a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly by Lender, instead of to Borrower or to Borrower's insurer. All or any part of such insurance proceeds may be retained by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Lease Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause hardship for Borrower or, in Lender's good faith, there exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable measures to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan term, fails to properly maintain and generally fail to furnish information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by this Note and/or this Security Instrument, regardless of whether the Loan is in default, and/or the Property is in default, but nothing herein shall be construed to representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award of money or damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeding to the reduction of the indebtedness under the Note and this Security Instrument; first to any delinquencies or amounts applied in the order in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make timely payments of the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy for reorganization or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien to a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender, subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may rank priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Gross Fee. Fee as per Exhibit D. (a) Defaults. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (I) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (II) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701i-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (I) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devisee or decedent), and (II) The Property is not occupied by the purchaser or trustee as his or her principal residence, or the purchaser or trustee does not occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payment, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for inclusion under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security instrument. A written statement of any authorized agent of the Secretary dated subsequent to 50 days from the date hereof, declaring to insure this Security Instrument and the Note, shall be deemed conclusive proof of insurability. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay a monthly default on the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower must tender in a lump sum all amounts required to bring Borrower's accounts current including, to the extent there are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will result in hardship on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Release; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower’s successor in interest. Lender shall not be compelled to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower’s successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower and co-Borrower may be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signatory of this Security Instrument only to mortgage, grant and convey that Borrower’s interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to amend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower’s consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender’s address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower’s Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substance on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of any quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remedial action of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial action in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substance" means any substance defined as radioactive or hazardous substances by Environmental Law and the following substances: gasoline, benzene, other flammable or toxic solvents, pesticides, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 15, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located requiring compliance by persons owning or operating property. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property, Borrower authorizes Lender or Lender’s agent to collect the rents and revenues and hereby directs each tenant of the Property to pay the rent to Lender or Lender’s agent. However, prior to Lender’s notice to Borrower of Borrower’s breach of any covenant or agreement in this Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedures. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and other remedies permitted by applicable law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorney fees and costs of this evidence. If Lender invokes the power of sale, Lender shall give notice in the manner required by applicable law to Borrower and any other person prescribed by applicable law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentences shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs unless applicable law provides otherwise. 20. Waiver of Appraisal. Appraisal of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. 21. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of U.S. $0.00 22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated here and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check applicable box(es)). [ ] Condominium Rider [ ] Planned Unit Development Rider [ ] Growing Equity Rider [ ] Graduated Payment Rider [ ] Other (specify) NOTICE TO BORROWER A power of sale has been granted in this Security Instrument. A power of sale may allow the Lender to take the Property and sell it without going to court in a foreclosure action upon default by Borrower under this Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: __________________________ ________________________________ (Seal) MICHELLE BECKHAM (Seal) HENRY BECKHAM -Borrower MICHELLE BECKHAM -Borrower STATE OF OKLAHOMA, OKLAHOMA County: ___ The foregoing instrument was acknowledged before me this June 27, 2002 by HENRY BECKHAM and MICHELLE BECKHAM HUSBAND AND WIFE Witness my hand and seal on this date. My Commission Expires: 10/24/04 Signature: __________________________ Henley Public NOTARY JOHNSTON #00017417 See Affidavit Received MTG Tax $5.00 Fee Only Filed: 2/22/2017 10:26:41 AM Recp # 13304619 Forrest 'Butch' Freeman Olds Co. Treasurer By KWALLACE Deputy When Recorded Mail to: First American Title Attn: Loss Mitigation Title Services PO BOX 27870 Santa Ana, CA 92799 Document Prepared by: Austin Cagle MidFirst Bank 999 N.W. Grand Boulevard, Suite 100 Oklahoma City, OK 73118-5118 1-800-652-3000 Please cross-reference to: BOOK 8482 PAGE 1923., OKLAHOMA County Oklahoma. LOAN MODIFICATION AGREEMENT FIXED RATE LOAN This Loan Modification Agreement ("Agreement"), made this September 23, 2016, between HENRY BECKHAM AKA HENRY BECKHAM II & MICHELLE BECKHAM ("Borrower") and MidFirst Bank, a federally chartered savings association located at 501 N.W. Grand Blvd. Oklahoma City, OK 73118 ("Lender"), renews, amends, supplements and extends: (1) the Mortgage, Deed of Trust, or Security Deed ("Security Instrument") originated on 6/28/2002, recorded on 7/1/2002, in BOOK 8482 PAGE 1923., in OKLAHOMA County, Oklahoma and (2) the Promissory Note ("Note") bearing the same date, in the original principal amount of $79,748.00 and secured by, the Security Instrument and other loan documents typically referred to as "addenda" or "riders" (collectively referred to herein as Loan Documents), which are secured by the real and personal property described in the Security Instrument, located at 4253 NW 58TH TER, OKLAHOMA CITY, OK 73112-1502, the real property described being set forth as follows: See Exhibit "A" attached hereto and made a part hereof. Page 1 of the Loan Modification Agreement Order Number: 10390878 *Please add the appropriate number of initial lines for each signature over 4 Parcel 1 [Redacted] (Heretina defined as "Property"). Capitalized Amount = $0.00 This amount is calculated for mortgage tax purposes and may not reflect the sum of the individual amounts being capitalized. Borrower is in default or at imminent risk of default under the Loan Documents and desires (i) that the Lender forbear from exercising its rights under the Loan Documents, (ii) to extend or rearrange the time and manner of payment of the Note and other obligations due to Lender under the Loan Documents, and (iii) to extend and carry forward the lien(s) on the Property, whether created by the Security Instrument or otherwise. Lender, the legal holder of the Note and of the lien(s) securing the same, has agreed to Borrower's request to so forbear, to extend or rearrange the time and manner of payment of the Note, and to grant certain other financial accommodations pursuant to the terms of this Agreement. In consideration of the mutual promises and agreements exchanged, and other good and valuable consideration paid by each of the parties to the other, the receipt and sufficiency of which is hereby acknowledged, the parties mutually agree to modify, renew and extend the Note and Security Instrument and any other Loan Documents, as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument): 1. Acknowledgement of Unpaid Balance and Expenses: Borrower acknowledges that as of 08/14/2016 Borrower owes Lender the unpaid balance of $56,896.85 ("Unpaid Balance"). In addition to the other fees, charges and expenses described in the section of the Agreement entitled "Acknowledgement of Unpaid Fees and Costs." The Unpaid Balance includes unpaid principal of $60,778.14, unpaid interest of $1,960.89, escrows advanced of $4,825.35, and certain unpaid fees of $0.00, less $867.83 in suspense funds. Borrower acknowledges that $17,060.69 of the Unpaid Balance shall be deferred ("Deferred Balance") and repaid to the Department of Housing and Urban Development ("HUD") according to the terms of the HUD Partial Claim that is memorialized in a Subordinate Note and Subordinate Mortgage/Deed of Trust between Borrower and the HUD ("HUD Partial Claim Documents"). Borrower shall not be required to make monthly payments on the Deferred Balance but, rather, shall repay that amount to HUD according to the terms of the HUD Partial Claim Documents. After deferment of the Deferred Balance and application of that amount to the HUD Partial Claim, the amount owed by Borrower under the terms of this Agreement is $49,635.96 ("Modified Principal Balance"). Borrower hereby renews, extends and promises to pay the Modified Principal Balance, plus interest, to the order of Lender. **Borrower initialed:** [Signature] Interest will be charged on the Modified Principal Balance until the full amount of the Modified Principal Balance and the other amounts due hereunder and under the Loan Documents have been paid in accordance with the terms and conditions of the Loan Documents, as modified by this Agreement. All references in the Loan Documents to "Principal" shall be deemed to refer to the Modified Principal Balance. 2. Acknowledgement of Unpaid Fees and Costs: Borrower agrees to remain responsible for payment of allowable costs and fees now due and owing ("Unpaid Fees and Costs") plus other allowable charges, costs, fees and expenses incurred hereafter, including late charges incurred after this Agreement becomes effective (the total sum of which is referred to as "Fees and Costs"). Borrower agrees and acknowledges that Borrower received notice of Unpaid Fees and Costs due as of a date certain prior to execution of this Agreement. Lender has agreed to postpone the collection of any outstanding Fees and Costs that are not paid in advance or that are not included in the Modified Principal Balance. Fees and Costs not included in the Modified Principal Balance remain due and owing as part of the debt secured by the Loan Documents to the extent provided in the Loan Documents and as otherwise permissible under applicable law. The outstanding Fees and Costs remain due and payable to Lender and shall be paid by Borrower, with interest as permitted by the Loan Documents. Furthermore, outstanding Fees and Costs shall be payable to Lender on demand of Lender and shall be secured by the Security Instrument to the extent provided in the Security Instrument and otherwise permissible under applicable laws and requirements. 3. Interest Calculation: Interest will be calculated at a fixed yearly interest rate of 3.875%. 4. Payment Amounts, Time of Payments and Maturity Date: a. Borrower acknowledges and agrees that Borrower shall, beginning on 10/1/2016, through the Maturity Date, make monthly payments of U.S. $223.41 for principal and interest and shall continue to make such payments in accordance with the terms and conditions set forth in the Loan Documents until the Modified Principal Balance is paid in full. b. An escrow account has been established under the terms and conditions of the Loan Documents. Borrower will make an escrow payment each month on each payment due date. The escrow payment currently is $449.85 per month, which is subject to change depending on the amounts attributable to taxes, insurance and other escrow items. The present combined Monthly Payment and Escrow Payment will be $682.86. The escrow payment will be re-analyzed from time to time in accordance with the terms of the Loan Documents to determine the appropriate escrow payment amount so that taxes, insurance, and other escrow items may be paid appropriately. The escrow payment amount will be combined with the monthly principal and interest payment amount. c. The Maturity Date of the Loan is extended to 9/1/2048. If Borrower still owes amounts to Lender on the new Maturity Date, Borrower will pay these amounts in full on the Maturity Date. 5. Place of Payment: Borrower agrees to make payments at the following address or such other place as the Lender may require upon written notice to Borrower: Midland Mortgage - A Division of MidFirst Bank Attn: Cashiers P.O. Box 268888 Oklahoma City, OK 73128-8888 6. Adjustable Rate Loan Provisions in Note: If the interest rate in the Interest Calculation section of this Agreement is calculated as provided in the Note, any rate and payment adjustment provisions in the Note will apply. If the interest rate in the Interest Calculation section of this Agreement is fixed, any rate and payment adjustment provisions in the Note will not apply. 7. Sale or Transfer of Property by Borrower: a. If all or any part of the Property or any interest in it is sold or transferred (or, if Borrower is not a natural person, any beneficial interest in Borrower is sold or transferred) without the Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. b. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of the designated period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. 8. Compliance with Loan Documents: Borrower represents that, except for the payments described in this Agreement, Borrower is in full compliance with the covenants in the Loan Documents and that all of the representations and warranties contained in the Loan Documents are true, correct or satisfied as of the effective date of this Agreement. 8. Renewal and Extension: It is the intention of the parties that all liens and security interests described in the Loan Documents are hereby renewed and extended until the Modified Principal Balance and other obligations to Lender, have been fully paid. Borrower and Lender acknowledge and agree that the extension, amendment, modification or rearrangement effected by this Agreement shall in no manner affect or impair the Note or the liens and security interests securing the Note. The parties mutually agree that the purposes of this Agreement is to extend, modify, amend or rearrange the time and manner of payment of the Loan Documents and the Indebtedness evidenced thereby, and to carry forward all liens and security interests (including, if applicable, any and all vendor’s liens), which are expressly acknowledged by Borrower to be valid and subsisting, and in full force and effect to fully secure the payment of the Note. 10. No Waiver of Lender's Rights Regarding Default: All the rights, remedies, stipulations, and conditions contained in the Loan Documents relating to default in the making of payments under the Loan Documents also shall apply to default in the making of the modified payments hereunder. Nothing contained herein shall be deemed to be a waiver by Lender of any terms or conditions of the Loan Documents as modified by this Agreement. This Agreement shall in no way be deemed to be a waiver of Lender's rights and remedies by reason of any default by Borrower under the Loan Documents as herein modified, including without limitation future payment defaults. Nothing in this Agreement shall constitute an agreement by Lender to any future modification of the Loan Documents and Lender expressly reserves the right to refuse to agree to any future modifications. 11. Bankruptcy: If, since Inception of this loan through date of this Agreement, Borrower has received a discharge in a Chapter 7 bankruptcy and there has been no valid reaffirmation of the underlying debt, the Lender is not attempting to re-establish any personal liability for the underlying debt by entering into this Agreement. The parties acknowledge however, that Lender retains certain rights, including but not limited to, the right to foreclose its interest in the property under appropriate circumstances. The parties agree that the consideration for this Agreement is the Lender's forbearance from presently exercising its right and pursuing its remedies under the Security Instrument as a result of Borrower's default. 12. Loan Documents Remain In Full Force and Effect: The provisions of the Loan Documents, as amended by this Agreement, shall continue in full force and effect, and Borrower acknowledges and reaffirms Borrower's liability to Lender under the Loan Documents, subject to the bankruptcy exception in the Bankruptcy section of this Agreement. In the event of any inconsistency between this Agreement and the terms of the Loan Documents, this Agreement shall govern. Nothing in this Agreement shall be understood or construed to be a novation, satisfaction or release, in whole or in part, of the Loan Documents. Except as otherwise specifically provided in this Agreement, the Loan Documents remain unchanged, and Borrower and Lender are bound and must comply with all of the terms and provisions of the Loan Documents, except as amended by this Agreement. 13. Execution of Additional Documentation: Borrower agrees to make and execute other documents or papers as may be necessary or required to effectuate the terms and conditions of this Agreement, which if approved and accepted by Lender, shall be incorporated into this Agreement and shall bind and inure to Borrower's heirs, executors, administrators, and assigns. 14. Miscellaneous: Lender does not, by execution of this Agreement, waive any rights it may have against any person not a party to the Agreement. a. If any court of competent jurisdiction shall declare any provision of this Agreement to be invalid, to any extent, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect to bind the parties. b. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. c. This Agreement shall be governed by the laws of the State where the Property is located. 15. Effective Date: This Agreement shall be effective upon the execution of this Agreement by Lender and Borrower and as of the date first written above. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS LOAN MODIFICATION AGREEMENT, TOGETHER WITH THE LOAN DOCUMENTS AND ANY EXHIBITS AND SCHEDULES THERETO, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND CONTROL OVER ALL PRIOR NEGOTIATIONS, AGREEMENTS AND UNDERTAKINGS BETWEEN THE PARTIES WITH RESPECT TO SUCH MATTER. ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY BE LEGALLY ENFORCED. THIS LOAN MODIFICATION AGREEMENT MAY BE AMENDED OR CHANGED ONLY BY A WRITTEN INSTRUMENT EXECUTED BY THE PARTIES OR THEIR AUTHORIZED ASSIGNEES. BORROWER Henry Beckham II 1-27-17 HENRY BECKHAM AKA HENRY BECKHAM II DATE MICHELLE BECKHAM 1-27-17 MICHELLE BECKHAM DATE Acknowledgement STATE OF Oklahoma ) COUNTY OF OKLAHOMA ) SS: On the 27 day of January, 2017, before me Bruce Muir, the undersigned, a notary public in and for said state, personally appeared HENRY BECKHAM AKA HENRY BECKHAM II & MICHELLE BECKHAM, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) who executed the instrument, and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. In witness whereof, I hereunto set my hand and official seal. Bruce Muir Notary Public Printed name of notary County of Residence: oklahoma Commission Number: 0909610 My Commission Expires: 11-18-2017 LENDER MidFirst Bank, a federally chartered savings association located at 501 N.W. Grand Blvd. Oklahoma City, OK 73118 Vice President, MidFirst Bank Chris Weeks Printed Name Acknowledgement STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) SS: On the __3__ day of ___December__, 2017 before me _______C.A. Caughron________ the undersigned, a notary public in and for said state, personally appeared ___Chris Weeks___ who acknowledged himself/herself/themselves to be a Vice President of MidFirst Bank, a federally chartered savings association located at 501 N.W. Grand Blvd. Oklahoma City, OK 73118, and who is personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity as Vice President of MidFirst Bank, and that by his/her/their signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. In witness whereof, I hereunto set my hand and official seal. Notary Public C.A. Caughron Printed Name of Notary County of Residence: ____Canadian____ My Commission Expires: ________________ Exhibit "A" LOT FOURTEEN (14), BLOCK ONE (1), LAKECREST NO. 2, AN ADDITION TO OKLAHOMA CITY, OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. Received MTG Tax $5.00 Fee Only Paid: 2/18/2020 10:06:13 AM Rept # 1974662 Forrest 'Butch' Freeman Okla Co. Treasurer By KSTEVEN Deputy SEE AFFIDAVIT When Recorded Mail to: First American Title Attn: Loss Mitigation Title Services PO BOX 27870 Santa Ana, CA 92799 Document Prepared by: Leline McBrady MidFlint Bank 999 N.W. Grand Boulevard, Suite 100 Oklahoma City, OK 73118-5116 1-800-652-3000 Parcel # ____________ Tax ID# ____________ Please cross-reference to: Instrument Number ____________. OKLAHOMA County Oklahoma. LOAN MODIFICATION AGREEMENT FIXED RATE LOAN This Loan Modification Agreement ("Agreement"), made this January 27, 2020, between HENRY BECKHAM II AKA HENRY BECKHAM & MICHELLE BECKHAM ("Borrower"), and MidFirst Bank, a federally chartered savings association located at 501 N.W. Grand Blvd. Oklahoma City, OK 73118 ("Lender") renews, amends, supplements and extends: (1) the Mortgage, Deed of Trust, or Security Deed ("Security Instrument") originated on 6/28/2002, recorded on 7/1/2002, in Instrument Number: 2002099375., in OKLAHOMA County, Oklahoma and (2) the Promissory Note ("Note") bearing the same date, in the original principal amount of $79,748.00 and secured by, the Security instrument and other loan documents typically referred to as "addenda" or "riders" (collectively referred to hereina as "Loan Documents"), which are secured by the real and personal property described in the Security Instrument, located at 4253 NW 56TH TER, OKLAHOMA CITY, OK 73112-1502, the real property described being set forth as follows: Page 1 of the Loan Modification Agreement. See Exhibit "A" attached hereto and made a part hereof. Parcel # [REDACTED] (Herein defined as "Property"). Capitalized Amount = $0.00 This amount is calculated for mortgage tax purposes and may not reflect the sum of the individual amounts being capitalized. Borrower is in default or at imminent risk of default under the Loan Documents and desires (i) that the Lender forbear from exercising its rights under the Loan Documents, (ii) to extend or rearrange the time and manner of payment of the Note and other obligations due to Lender under the Loan Documents, and (iii) to extend and carry forward the lien(s) on the Property, whether created by the Security Instrument or otherwise. Lender, the legal holder entitled to enforce the Note and the lien(s) securing the same, has agreed to Borrower's request to so forbear, to extend or rearrange the time and manner of payment of the Note, and to grant certain other financial accommodations pursuant to the terms of this Agreement. In consideration of the mutual promises and agreements exchanged, and other good and valuable consideration paid by each of the parties to the other, the receipt and sufficiency of which is hereby acknowledged, the parties mutually agree to modify, renew and extend the Note and Security Instrument and any other Loan Documents, as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument): 1. Acknowledgement of Modified Balance and Expenses: Borrower acknowledges that as of the date of the first payment due under this Agreement, Borrower owes Lender the unpaid balance of $83,269.43 ("Modified Principal Balance") in addition to the other fees, charges and expenses described in the section of the agreement entitled "Acknowledgement of Unpaid Fees and Costs." The Modified Principal Balance includes unpaid principal of $47,512.46, unpaid interest of $1,862.87, escrow advanced of $9,022.81, less $320.20 in suspense funds. Borrower hereby renews, extends and promises to pay the Modified Principal Balance to the order of Lender. Interest will be charged on the Modified Principal Balance until the full amount of the Modified Principal Balance and the other amounts due hereunder and under the Loan Documents have been paid in accordance with the terms and conditions of the Loan Documents, as modified by this Agreement. All references in the Loan Documents and this Agreement to "Principal" shall be deemed to refer to the Modified Principal Balance. 2. Acknowledgement of Unpaid Fees and Costs: Borrower agrees to remain responsible for payment of allowable costs and fees now due and owing ("Unpaid Fees and Costs") plus other allowable late charges, costs, fees and expenses incurred after this Agreement becomes effective (the total sum of which is referred to as "Fees and Costs"). Borrower agrees and acknowledges that Borrower received notice of Unpaid Fees and Costs due as of a date certain prior to execution of this Agreement. Lender has agreed to postpone the collection of any outstanding Fees and Costs that are not paid in advance or that are not included in the Modified Principal Balance. Fees and Costs not included in the Modified Principal Balance remain due and owing as part of the debt secured by the Loan Documents to the extent provided in the Loan Documents and as otherwise permissible under applicable law. The outstanding Fees and Costs remain due and payable to Lender and shall be paid by Borrower, with interest as permitted by the Loan Documents. Furthermore, outstanding Fees and Costs shall be payable to Lender on demand of Lender and shall be secured by the Security Instrument to the extent provided in the Security Instrument and otherwise permissible under applicable laws and requirements. 3. Interest Calculation: Interest will be calculated at a fixed yearly interest rate of 4.809%. 4. Payment Amounts, Time of Payments And Maturity Date: a. Borrower acknowledges and agrees that Borrower shall, beginning on 3/1/2029 through the Maturity Date, make monthly payments of U.S. $254.32 for principal and interest and shall continue to make such payments in accordance with the terms and conditions set forth in the Loan Documents until the Modified Principal Balance is paid in full. b. An escrow account has been established under the terms and conditions of the Loan Documents. Borrower will make an escrow payment each month on each payment due date. The escrow payment currently is $614.76 per month, which is subject to change depending on the amounts attributable to taxes, insurance and other escrow items. The present combined Monthly Payment and Escrow Payment will be $869.08. The escrow payment will be re-analyzed from time to time in accordance with the terms of the Loan Documents to determine the appropriate escrow payment amount so that taxes, insurance and other escrow items may be paid appropriately. The escrow payment will be combined with the monthly principal and interest payment amount. c. The Maturity Date of the Loan is extended to 2/1/2080. If Borrower still owes amounts to Lender on the Maturity Date, Borrower will pay these amounts in full on the Maturity Date. 6. Acknowledgement of Pre-Existing Conditions to Loan Modification: The Borrower acknowledges and agrees this Agreement is subject to the following conditions, which must exist at the time this Agreement is executed: a. All payments set forth in the Payment Schedule under the Loan Modification Trial Plan Agreement must have been made according to the Payment Schedule; b. The Property has no physical conditions that will adversely affect the Borrower's continued use of the Property or interfere with the Borrower's ability to make payments as required under this Agreement; and c. The Borrower (one or more) is occupying the Property as the Borrower's primary residence; and d. The Lender remains in first lien position and there are no outstanding liens and/or judgments against the Property. The Borrower acknowledges and agrees that in the event the conditions set forth in this paragraph are not satisfied, this Agreement shall become null and void unless otherwise expressly agreed by Lender in writing. In the event this Agreement becomes null and void as set forth in this paragraph, Borrower acknowledges and agrees all provisions of the Loan Documents shall continue in full force and effect and Lender shall be under no obligation to modify any provision of the Loan Documents under this Agreement. 6. Place of Payment: Borrower agrees to make payments at the following address or such other place as the Lender may require upon written notice to Borrower: Midlend Mortgage - A Division of MidFirst Bank Attn: Cashiers P.O. Box 28888 Oklahoma City, OK 73128-8888 7. Adjustable Rate Loan Provisions in Note: If the interest rate in the Interest Calculation section of this Agreement is calculated as provided in the Note, any rate and payment adjustment provisions in the Note will apply. If the interest rate in the Interest Calculation section of this Agreement is fixed, any rate and payment adjustment provisions in the Note will not apply. 8. Sale or Transfer of Property by Borrower: a. If all or any part of the Property or any interest in it is sold or transferred (or, if Borrower is not a natural person, any beneficial interest in Borrower is sold or transferred) without the Lender's prior written consent, Lender may require immediate payment in full of all sums secured by the Security Instrument. b. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of the designated period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. 9. Compliance with Loan Documents: Borrower represents that, except for the payments described in this Agreement, Borrower is in full compliance with the covenants in the Loan Documents and that all of the representations and warranties contained in the Loan Documents are true, correct or satisfied as of the effective date of this Agreement. 10. Renewal and Extension: It is the intention of the parties that all liens and security interests described in the Loan Documents are hereby renewed and extended until the Modified Principal Balance and other obligations to Lender, have been fully paid. Borrower and Lender acknowledge and agree that the extension, amendment, modification or rearrangement effected by this Agreement shall in no manner affect or impair the Note or the liens and security interests securing the Note. The parties mutually agree that the purposes of this Agreement is to extend, modify, amend or rearrange the time and manner of payment of the Loan Documents and the indebtedness evidenced thereby, and to carry forward all liens and security interests (including, if applicable, any and all vendor's liens), which are expressly acknowledged by Borrower to be valid and subsisting, and in full force and effect to fully secure the payment of the Note. 11. No Waiver of Lender's Rights Regarding Default: All the rights, remedies, stipulations, and conditions contained in the Loan Documents relating to default in the making of payments under the Loan Documents also shall apply to default in the making of the modified payments hereunder. Nothing contained herein shall be deemed to be a waiver by Lender of any terms or conditions of the Loan Documents as modified by this Agreement. This Agreement shall in no way be deemed to be a waiver of Lender's rights and remedies by reason of any default by Borrower under the Loan Documents as herein modified, including without limitation future payment defaults. Nothing in this Agreement shall constitute an agreement by Lender to any future modification of the Loan Documents and Lender expressly reserves the right to refuse to agree to any future modifications. 12. Bankruptcy: If, since inception of this loan through date of this Agreement, Borrower has received a discharge in a Chapter 7 bankruptcy and there has been no valid reaffirmation of the underlying debt, the Lender is not attempting to re-establish any personal liability for the underlying debt by entering into this Agreement. The parties acknowledge that Lender retains certain rights, including but not limited to, the right to foreclose its interest in the property under appropriate circumstances. The parties agree that the consideration for this Agreement is the Lender's forbearance from presently exercising its right and pursuing its remedies under the Security Instrument as a result of Borrower's default. The parties agree that if approval of this Agreement by the Bankruptcy Court is required and not received, this Agreement shall be null and void and of no further force or effect. 13. Loan Documents Remain in Full Force and Effect: The provisions of the Loan Documents, as amended by this Agreement, shall continue in full force and effect, and Borrower acknowledges and reaffirms Borrower's liability to Lender under the Loan Documents, subject to the terms of the Bankruptcy section of this Agreement. In the event of any inconsistency between this Agreement and the terms of the Loan Documents, this Agreement shall govern. Nothing in this Agreement shall be understood or construed to be a novation, satisfaction or release, in whole or in part, of the Loan Documents. Except as otherwise specifically provided in this Agreement, the Loan Documents remain unchanged, and Borrower and Lender are bound and must comply with all of the terms and provisions of the Loan Documents, except as amended by this Agreement. 14. Execution of Additional Documentation: Borrower agrees to make and execute other documents or papers as may be necessary or required to effectuate the terms and conditions of this Agreement, which if approved and accepted by Lender, shall be incorporated into this Agreement and shall bind and inure to Borrower's heirs, executors, administrators, and assigns. 15. Miscellaneous: Lender does not, by execution of this Agreement, waive any rights it may have against any person not a party to the Agreement. a. If any court of competent jurisdiction shall declare any provision of this Agreement to be invalid, to any extent, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect to bind the parties. b. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. c. This Agreement shall be governed by the laws of the State where the Property is located. 16. Effective Date: This Agreement is effective upon the execution of this Agreement by Lender and Borrower. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS LOAN MODIFICATION AGREEMENT, TOGETHER WITH THE LOAN DOCUMENTS AND ANY EXHIBITS AND SCHEDULES THERETO, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND CONTROL OVER ALL PRIOR NEGOTIATIONS, AGREEMENTS AND UNDERTAKINGS BETWEEN THE PARTIES WITH RESPECT TO SUCH MATTER. ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY BE LEGALLY ENFORCED. THIS LOAN MODIFICATION AGREEMENT MAY BE AMENDED OR CHANGED ONLY BY A WRITTEN INSTRUMENT EXECUTED BY THE PARTIES OR THEIR AUTHORIZED ASSIGNEES. BORROWER HENRY BECKHAM II AKA HENRY BECKHAM Michelle Beckham MICHELLE BECKHAM DATE 2-20-20 DATE 2-20-2020 Acknowledgement STATE OF Oklahoma ) COUNTY OF OKLAHOMA ) SS: On the 3rd day of February, 2020, before me, Cindy L. Maxwell, the undersigned, a notary public in and for said state, personally appeared HENRY BECKHAM II AKA HENRY BECKHAM & MICHELLE BECKHAM, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by he/she/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. In witness whereof, I hereunto set my hand and official seal. Cindy L. Maxwell Notary Public Printed name of notary County of Residence: OKLAHOMA Commission Number: 09005591 Commission Expires: 07/06/21 LENDER MidFirst Bank, a federally chartered savings association located at 501 N.W. Grand Blvd., Oklahoma City, OK 73118 Vice President, MidFirst Bank Christ Wieczorek Printed Name Acknowledgement STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) On the 21 day of Feb, 2020 before me Carla Sherrill, the undersigned, a notary public in and for said state, personally appeared Christ Wieczorek who acknowledged himself/herself/themselves to be a Vice President of MidFirst Bank, a federally chartered savings association located at 501 N.W. Grand Blvd, Oklahoma City, OK 73118, and who is personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity as Vice President of MidFirst Bank, and that by his/her/their signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. In witness whereof, I hereunto set my hand and official seal. Carla Sherrill Notary Public Carla Sherrill Printed Name of Notary County of Residence: Canadian My Commission Expires: 12-4-20 Exhibit "A" LOT FOURTEEN (14), BLOCK ONE (1), LAKCREST NO. 2, AN ADDITION TO OKLAHOMA CITY, OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. Parcel #: _________ Tax ID#: _____________ Received: 2024-05 MTG TAX Recpt ID: T3486896 Filed this 5th day of May, 2024. Forest "Butch" Freeman Oklahoma Co. Treasurer By MIRIAM HERNANDEZ, Deputy SEE AFFIDAVIT This Document Prepared By: YUDOSHIA ROLLERSON MIDFIRST BANK, A FEDERALLY CHARTERED SAVINGS ASSOCIATION 501 N.W. GRAND BLVD OKLAHOMA CITY, OK 73118 When Recorded Mail To: FIRST AMERICAN TITLE DTO REC, MAIL CODE: 4002 4795 REGENT BLVD IRVING, TX 75063 Tax/Parcel #: [blank] [Space Above This Line for Recording Data] Original Principal Amount: $79,748.00 Unpaid Principal Amount: $49,903.31 New Principal Amount: $65,953.65 New Money (Cap): $8.80 FHA/VA/RHS Case No. [blank] Loan No: [scan barcode] LOAN MODIFICATION AGREEMENT (MORTGAGE) This Loan Modification Agreement ("Agreement"), made this 22ND day of MARCH, 2024, between HENRY BECKHAM II ("Borrower"), whose address is 4253 NW 56TH TER, OKLAHOMA CITY, OK 73112 and MIDFIRST BANK, A FEDERALLY CHARTERED SAVINGS ASSOCIATION ("Lender"), whose address is 501 N.W. GRAND BLVD, OKLAHOMA CITY, OK 73118, amends and supplements (1) the Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated JUNE 18, 2002 and recorded on JULY 1, 2002 in INSTRUMENT NO. 2801899375 BOOK 8482 PAGE 1913, of the OFFICIAL RECORDS OF OKLAHOMA COUNTY, OKLAHOMA, and (2) the Note bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the "Property", located at 4253 NW 56TH TER, OKLAHOMA CITY, OKLAHOMA 73112 (Property Address) HUD Modification Agreement 02042024_45 Page 1 the real property described is located in OKLAHOMA County, OKLAHOMA and being set forth as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument): 1. As of, APRIL 1, 2024 the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $65,083.65, consisting of the amount(s) loaned to Borrower by Lender, plus capitalized interest and other amounts capitalized, which is limited to encrows, and any legal fees and related foreclosure costs that may have been accrued for work completed, in the amount of U.S. $0.00. 2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 7.2500%, from APRIL 1, 2024. The Borrower promises to make monthly payments of principal and interest of U.S. $416.13, beginning on the 1ST day of MAY, 2024, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. If on APRIL 1, 2064 (the "Maturity Date"), the Borrower still owes amounts under the Note and the Security Instrument, as amended by this Agreement, Borrower will pay these amounts in full on the Maturity Date. 3. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in the Borrower is sold or transferred and the Borrower is not a natural person) without the Lender's prior written consent, the Lender may require immediate payment in full of all sums secured by this Security Instrument. If the Lender exercises this option, the Lender shall give the Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by this Security Instrument. If the Borrower fails to pay these sums prior to the expiration of this period, the Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on the Borrower. 4. The Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument; including without limitation, the Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, imposans, and all other payments that the Borrower is obligated to makes under the Security Instrument; however, the following terms and provisions are forever cancelled, null and void, as of the date specified in Paragraph No. 1 above: (a) all terms and provisions of the Note and Security Instrument (if any) providing for, implementing, or relating to, any change or adjustment in the rate of interest payable under the Note; and (b) all terms and provisions of any adjustable rate rider, or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a) above. 5. If the Borrower has, since inception of this loan but prior to this Agreement, received a discharge in a Chapter 7 bankruptcy, and there having been no valid reaffirmation of the underlying debt; by entering into this Agreement, the Lender is not attempting to re-establish any personal liability for the underlying debt. 6. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. Except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and comply with, all of the terms and provisions thereof, as amended by this Agreement. 7. Borrower agrees to make and execute other documents or papers as may be necessary to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to the heirs, executors, administrators, and assignees of the Borrower. In Witness Whereof, I have executed this Agreement: [Signature] Borrower: HENRY BECKHAM II Date: 4-24-24 [Space Below This Line for Acknowledgments] BORROWER ACKNOWLEDGMENT STATE OF OKLAHOMA COUNTY OF Oklahoma The instrument was acknowledged before me this 8th of April, 2024 (date) by HENRY BECKHAM II _____ This notarial act was an online notarial act [Signature] Notary Public (signature) Notary Printed Name: A Hunskar My Commission expires: 4-28-24 In Witness Whereof, the Lender has executed this Agreement. MIDFIRST BANK, A FEDERALLY CHARTERED SAVINGS ASSOCIATION By Melissa Buck Vice President APR 1 1 2024 [Space Below This Line for Acknowledgments] LENDER ACKNOWLEDGMENT STATE OF Oklahoma COUNTY OF Oklahoma The instrument was acknowledged before me on APR 1 1 2024 by Melissa Buck, Vice President of MIDFIRST BANK, A FEDERALLY CHARTERED SAVINGS ASSOCIATION. This notarial act was an online notarial act. Notary Public Printed Name: Marjan Zijoud My commission expires: MAR 1 6 2025 THIS DOCUMENT WAS PREPARED BY: YUDOSHIA ROLLERSON MIDFIRST BANK, A FEDERALLY CHARTERED SAVINGS ASSOCIATION 501 N.W. GRAND BLVD OKLAHOMA CITY, OK 73118 EXHIBIT A BORROWER(S): HENRY BECKHAM II LOAN NUMBER: (scan barcode) LEGAL DESCRIPTION: The land referred to in this document is situated in the CITY OF OKLAHOMA CITY, COUNTY OF OKLAHOMA, STATE OF OKLAHOMA, and described as follows: LOT FOURTEEN (14), BLOCK ONE (1), LAKECREST NO. 2, AN ADDITION TO OKLAHOMA CITY, OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. ALSO KNOWN AS: 4253 NW 56TH TER, OKLAHOMA CITY, OKLAHOMA 73112