BANK OF AMERICA, N.A. v. JEFFREY SMOOT A/K/A JEFFREY RYAN SMOOT A/K/A JEFF SMOOT

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA BANK OF AMERICA, N.A., Plaintiff, v. JEFFREY SMOOT A/K/A JEFFREY RYAN SMOOT A/K/A JEFF SMOOT; SPOUSE, IF ANY, OF JEFFREY SMOOT; JOHN DOE, OCCUPANT; HOMEOWNERS' ASSOCIATION OF FOX HOLLOW, INC.; MARK ANTHONY TALBOT; CASEY WAYNE SNELL; STATE OF OKLAHOMA EX REL OKLAHOMA TAX COMMISSION; AND METRO READY-MIX, INC. Defendant(s). PETITION COMES NOW the Plaintiff, Bank of America, N.A., and for its cause of action against the above-named defendants, alleges and states: 1. That on September 28, 2009, Jeffrey Smoot, for valuable consideration, executed a certain promissory note payable to Bank of America, N.A. in the principal sum of $154,176.00, and that the Plaintiff is in possession of and is the holder of and is entitled to enforce said note, a full, true and correct copy of which is attached hereto, marked Exhibit "1" and made a part hereof. 2. That on September 28, 2009, in order to secure the payment of said sum of money, as evidenced by the said note, and as part and parcel of said transaction, Jeffrey Smoot and Ashley Smoot, Husband and Wife, as owner(s) and mortgagor(s) of the hereinafter-described property, executed and delivered to Bank of America, N.A., as mortgagee, a certain purchase money mortgage in which the said mortgagor(s) conveyed and mortgaged to the said mortgagee all of the following-described real estate situated in Oklahoma County, State of Oklahoma, to-wit: ALL OF LOT ONE (1), IN BLOCK ONE (1), IN FOX HOLLOW, AN ADDITION TO THE CITY OF OKLAHOMA CITY, OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. PROPERTY ADDRESS: 1503 Steeple Chase Street, Oklahoma City, OK 73131 together with all buildings, improvements, fixtures, appurtenances and hereditaments appertaining or belonging thereto. 3. That on October 5, 2009, the said purchase money mortgage was filed of record, with mortgage tax paid thereon, in the office of the county clerk of Oklahoma County, Oklahoma, in Book 11212 Page 824, a true and correct copy of which is attached hereto, marked Exhibit "2" and made a part hereof. 4. That the defendants, Jeffrey Smoot and Ashley Smooth, were divorced pursuant to that certain decree of divorce entered on November 14, 2017, case number FD-2012-2410, as recorded in book 13592, page 432, records of said county and state. 5. That the subject note and mortgage as referenced herein were modified by that certain agreement recorded in book 13024, page 1689, records of said county and state, which is attached hereto, marked Exhibit "3", or otherwise. 6. That the subject note and mortgage as referenced herein were modified by that certain agreement recorded in book 14049, page 51, records of said county and state, which is attached hereto, marked Exhibit "4", or otherwise. 7. That the Plaintiff has a second lien on the property by way of an assignment of mortgage recorded on March 7, 2016 at book 13051, page 1265, which is not currently in default. 8. That default has occurred in that the monthly payment due for August 1, 2019 and thereafter has not been made as provided in the note and purchase money mortgage; that the Plaintiff hereby declares the whole of said indebtedness due and payable, and elects to have the purchase money mortgage foreclosed and the mortgaged premises sold to satisfy said indebtedness; and that the option to waive or not waive appraisement of said premises will be exercised at the time of foreclosure judgment. 9. That there is due and owing on said note and purchase money mortgage the principal sum of $174,822.97, plus interest from and after July 1, 2019, until paid, together with a reasonable attorney's fee, all advances for taxes, insurance premiums, property preservation expenses, and costs of this action. 10. That the following defendant(s) may claim an interest in the subject property, the exact nature of which is unknown except as hereinafter stated, but that any such interest is junior and inferior to the first mortgage lien of the Plaintiff, to-wit: John Doe, occupant, by reason of occupancy, or otherwise. Homeowners' Association of Fox Hollow, Inc. by reason of that certain assessment lien recorded in book 11594, page 152, records of said county and state, which is incorporated herein by reference, or otherwise. Mark Anthony Talbot by reason of that certain judgment rendered in case number CJ-2017-3815, as recorded in book 14002, page 1122, records of said county and state, which is incorporated herein by reference, or otherwise. Casey Wayne Snell by reason of that certain judgment rendered in case number CJ-2017-3815, as recorded in book 14002, page 1122, records of said county and state, which is incorporated herein by reference, or otherwise. State of Oklahoma ex rel Oklahoma Tax Commission by reason of that certain tax warrant number 2141859840 recorded in book 14078, page 786, records of said county and state, which is attached hereto and marked Exhibit number "S", or otherwise. Metro Ready - Mix, Inc. by reason of that certain mechanic's or materialman's lien recorded in book 13531, page 332, records of said county and state, which is incorporated herein by reference. WHEREFORE, Plaintiff prays that it recover a judgment against the defendant(s), Jeffrey Smoot, in the principal sum of $174,822.97, plus interest from and after July 1, 2019, until paid, together with a reasonable attorney's fee, all advances for taxes, insurance premiums, property preservation expenses, and costs of this action; that it further recover a judgment of foreclosure against all defendants decreeing its purchase money mortgage to be a valid and subsisting first lien on the real estate herein described for the full amount of the judgment; that said purchase money mortgage be foreclosed, and that said property be sold at sheriff's sale to satisfy the indebtedness secured thereby; that all defendants, and each of them, and all those claiming by, through or under them since the commencement of this action, be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, or estate in or to the said premises; and that it recover such other and further relief as may be just and equitable. SHAPIRO & CEJDA, LLC By: [Signature] Kirk J. Cejda #12241 Lesli Peterson #14177 Ken Hemry #4073 Lyna L. Mitchell #30177 Kristan A. Bolding #22498 770 NE 63rd St Oklahoma City, OK 73105-6431 (405) 848-1819 Attorneys for Plaintiff (405) 848-2009 (Facsimile No.) [email protected] [email protected] [email protected] [email protected] [email protected] NOTE SEPTEMBER 28, 2009 [Date] 1503 STEEPLE CHASE STREET, OKLAHOMA CITY, OK 73131 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means BANK OF AMERICA N.A. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED FIFTY FOUR THOUSAND ONE HUNDRED SEVENTY SIX AND 00/100 Dollars (U.S.$ 154,176.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FIVE AND THREE-EIGHTHS percent (5.375%) 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 NOVEMBER 01, 2009. Any principal and interest remaining on the first day of OCTOBER 2039, will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at BANK OF AMERICA, N.A., P.O. BOX 535318, ATLANTA, GEORGIA 30353-5318 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.$ 863.35. 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] EXHIBIT "1" FHA Multistate Fixed Rate Note - 10/95 ELECTRONIC LASER FORMS, INC. - (800)327-0845 Page 1 of 3 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 (4.0%) 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. JEFFREY SMOUT (SEAL) ________________________________ (SEAL) -Borrower -Borrower (SEAL) ________________________________ (SEAL) -Borrower -Borrower (SEAL) ________________________________ (SEAL) -Borrower -Borrower (SEAL) ________________________________ (SEAL) -Borrower -Borrower PAY TO THE ORDER OF WITHOUT RECOUPSE BANK OF AMERICA, N.A. BY: CHRISTINA M. SCHMITT ASSISTANT VICE PRESIDENT Return To: and tax statements JACKSONVILLE POST CLOSING BANK OF AMERICA 9000 SOUTHSIDE BLVD. BLDG 700, FILE RECEIPT DEPT. JACKSONVILLE, FL 32256 Prepared By: BARBARA COLEMAN BANK OF AMERICA N.A. 9000 SOUTHSIDE BLVD - BLDG 600 JACKSONVILLE, FL 322560000 (214) 571-2446 The Oklahoma City Abstract & Title Co. 1000 W. 15th Street Edmond, Ok 73013 File # ____________ Space Above This Line For Recording Data FHA Case No. MORTGAGE State of Oklahoma THIS MORTGAGE ("Security Instrument") is given on SEPTEMBER 28, 2009 The Mortgagor is JEFFREY SMOOT AND ASHLEY SMOOT, AS JOINT TENANTS RECEIVED MTG TAX $15418 PAID on OCTOBER 3RD 2009 RCPT# 129 FORREST "BUTCH" FREEMAN OKLA CO. TREASURER BY Paula Wells DEPUTY ("Borrower"). This Security Instrument is given to BANK OF AMERICA N.A. which is organized and existing under the laws of UNITED STATES OF AMERICA and whose address is 9000 SOUTHSIDE BLVD - BLDG 600 JACKSONVILLE, FL 322560000 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED FIFTY FOUR THOUSAND ONE HUNDRED SEVENTY SIX AND 00/100 Dollars (U.S.$ 154,176.00). 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 OCTOBER 01, 2039. 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: "LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF." Parcel ID Number: [Redacted] which has the address of 1503 STEEPLE CHASE STREET [Street] OKLAHOMA CITY [City], Oklahoma 73131 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument; first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver 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's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Initials: JS As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and other remedies permitted by applicable law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice in the manner required by applicable law to Borrower and any other persons prescribed by applicable law. Lender shall also publish the notice of sale, and the Property shall be sold, as prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the manner prescribed by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs unless applicable law provides otherwise. 20. Waiver of Appraisalment. Appraisalment of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. 21. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of U.S.$500.00 22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es).] [ ] Condominium Rider [ ][ ] Growing Equity Rider [ ] Other [specify] [ ] Planned Unit Development Rider [ ][ ] Graduated Payment Rider Initials: 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: [Signature] JEFFREY SMOOT (Borrower) [Signature] Ashley Smoot (Borrower) [Seal] (Borrower) [Seal] (Borrower) [Seal] (Borrower) [Seal] (Borrower) [Seal] (Borrower) [Seal] (Borrower) STATE OF OKLAHOMA, Oklahoma County ss: by Jeffrey Smoot and Ashley Smoot, husband and wife September 28, 2009 The foregoing instrument was acknowledged before me this Witness my hand and seal on this date. My Commission Expires: Notary Public EXHIBIT A All of Lot One (1), in Block One (1), in Fox Hollow, an Addition to the City of Oklahoma City, Oklahoma County, Oklahoma, according to the recorded plat thereof. RECEIVED MTG TAX $ 7,63 PAID on JANUARY 28 2016 RCPT# FORREST "BUTCH" FREEMAN OKLA CO. TREASURER BY Theresa Baker DEPUTY LOAN MODIFICATION AGREEMENT RECORDING REQUESTED BY & RETURN TO: BANK OF AMERICA, N.A. ATTN: HOME RETENTION DIVISION 11802 Ridge Parkway, Suite 100 Broomfield, CO 80021 Prepared by: Vickie Maes BANK OF AMERICA, N.A. 11802 Ridge Parkway, Suite 100 Broomfield, CO 80021 1-855-453-0974 GRANTOR(S): Jeffrey Smoot 1503 Steeple Chase St, Oklahoma City, OK 73131 GRANTEE: BANK OF AMERICA, N.A. 11802 Ridge Parkway, Ste. 100, Broomfield, CO 80021 Prev. Rec. Info: 10/05/2009 BK: 11212 PG: 824-831 Instr#: 2009133118 ORIGINAL MTG: $ 154,176.00 NEW MTG: $ 161,810.72 NEW MONEY: $ 7,634.72 EXHIBIT "3" When Recorded Return To: Bank of America, N.A. 11802 Ridge Parkway, Ste 100 HRM Broomfield, CO 80021 Recording Requested By: Bank of America, N.A. Space Above for Recorder's Use LOAN MODIFICATION AGREEMENT (FHA Insured) (FHA-HAMP with Partial Claim) Borrower ("I"): Jeffrey Smoot Lender or Servicer ("Lender"): Bank of America, N.A. Date of first-lien mortgage, deed of trust, or security deed ("Mortgage") and Note ("Note"): September 28, 2009 Property Address ("Property"): 1503 Steeple Chase St, Oklahoma City, OK 73131 See attached Exhibit "A" for Legal Description Recording Information: Mortgage dated 9-28-2009, [principal sum of $154,176.00] and recorded in Oklahome County, Oklahoma (County and State or Other Jurisdiction) on 10-5-2009, in Liber/Book 11212, Page(s) 534, Instrument Number 2009133118. Important Disclosures: The Federal Housing Administration (FHA) requires that Lender provide you with information to help you understand the modified mortgage and partial claim terms that are being offered to you. Lender must timely provide you with clear and understandable written information about the terms, costs, and risks of the modified mortgage and partial claim to enable Borrower [to] make informed decisions. This information is included below. Please read it carefully. If my representations in Section 1 are still true in all material respects and if I have satisfied all of the preconditions in Section 2, this Loan Modification Agreement ("Agreement") will, as set forth in Section 3, modify (1) the Mortgage on the Property and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are called the "Loan Documents." If there is more than one borrower or mortgagor executing this document, each is referred to as "I," "my" includes "our," and the singular includes the plural and vice versa. Capitalized terms used in this Agreement and not otherwise defined have the meanings set forth in the Mortgage and/or Note, as applicable. 1. My Representations. I certify, represent to Lender, and agree: A. I am experiencing a financial hardship caused by a verifiable loss of income or increase in living expenses. As a result, (1) I am in default under the Loan Documents and (2) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments due under the Loan Documents. B. I live in, and plan to continue to live in, the Property as my principal residence. The Property has not been condemned and has no material adverse physical condition(s). The Property has no more than four units. C. I am not a borrower on any other FHA-insured mortgage. D. Except as approved in writing by the FHA or Lender, there has been no change in the ownership of the Property after I signed the Loan Documents. E. Under penalty of perjury, I provided Lender with full and complete information that, when provided, accurately stated my income, expenses, and assets. To the extent requested by Lender, I provided documents that supported that information. However, I was not required to disclose child support or alimony, unless I chose to rely on such income to qualify for the FHA-Home Affordable Modification Program ("Program") or for another loss mitigation option. F. I have made the trial period plan payments required under the Program. G. I currently have sufficient income to support the financial obligations under the Loan Documents, as modified by this Agreement. H. If I received a discharge in a Chapter 7 Bankruptcy proceeding subsequent to the execution of the Loan Documents, Lender agrees that I will not have personal liability on the debt pursuant to this Agreement. 2. Acknowledgements and Preconditions to Modification. I understand, acknowledge, and agree: A. As a precondition to receiving this proposed modification of the Loan Documents, I must accept and fully execute the FHA's required subordinate mortgage loan (also called a Partial Claim Note and Security Instrument). I have reviewed and approved the terms of such subordinate loan. B. Lender has no obligation to make any modification of the Loan Documents if any of the requirements under this Agreement has not been met. C. Prior to the Modification Effective Date (as defined in Section 3), if Lender determines that any of my representations in Section 1 are no longer true and correct, (1) the Loan Documents will not be modified, (2) this Agreement will not be valid, and (3) Lender will have all of the rights and remedies provided by the Loan Documents. D. The Loan Documents will not be modified unless and until (1) Lender approves this Agreement and (2) the Modification Effective Date (as defined in Section 3 below) has occurred. 3. The Modification. I understand, acknowledge, and agree: A. If all of my representations in Section 1 above continue to be true and correct and all preconditions to the modification set forth in Section 2 above have been met, the Loan Documents will automatically become modified on November 1, 2015 (the "Modification Effective Date") and all unpaid late charges that remain unpaid will be waived. If I have failed to make any payments that are a precondition to this modification, this modification will not take effect. B. The new Maturity Date will be October 1, 2045. C. The new principal balance of my Note will be $161,810.72 (the "New Principal Balance"). In servicing your loan, the Bank may have incurred third-party fees or charges that were not included in the terms of this Agreement. If so, these fees and charges will appear on your monthly statement under "Fees and Charges." These fees and charges will not accrue interest or late fees. You may pay these fees and charges at any time. If not previously paid, you must pay these fees and charges at the earliest of (1) the date you sell or transfer an interest in the Property, (2) the date you pay the entire New Principal Balance, or (3) the Maturity Date. D. I promise to pay the New Principal Balance, plus interest, to the order of Lender. E. The annual interest rate on the New Principal Balance will be 4.250%, beginning October 1, 2015, both before and after any new default. This fixed interest rate will remain in effect until the principal and interest and all of the obligations due under the Modified Loan Documents are paid in full. F. On November 1, 2015 and on the first day of each month thereafter until all of the obligations due under the Modified Loan Documents are paid in full, Borrower must make monthly payments of $1,190.40 (each, a "Monthly Payment"). Each Monthly Payment includes principal and interest of $796.01, plus the current required escrow payment of $394.39. My required escrow payments will likely adjust periodically in accordance with applicable law. If an escrow adjustment occurs, my total monthly payment would change accordingly. G. I will be in default if I do not comply with the terms of the Modified Loan Documents. 4. Additional Agreements. I understand and agree: A. I accept the risks of entering into this Agreement. These risks include (but are not limited to): (1) The FHA's subordinate lien will require a balloon payment when I pay off, sell, or refinance the Property, which may make these things more difficult to do. The FHA's subordinate lien may also make it more difficult to get additional subordinate lien financing. (2) My modified loan will have a fixed interest rate that will not change. As a result, if the interest rate in my Loan Documents could go up and down based on changes in an index, my new fixed interest rate might sometimes be higher than I would have paid before this modification. B. I authorize Lender to attach an Exhibit A to this loan modification, which will include a Legal Description, recording information of the original security instrument, and any other relevant information required by a County Clerk (or other recordation office) to allow for recording if and when Lender seeks recordation. C. All persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, unless (1) a borrower or co-borrower is deceased; (2) the borrower and co-borrower are divorced and the Property has been transferred to one spouse in the divorce decree in which event the spouse who no longer has an interest in the Property need not sign this Agreement (although the non-signing spouse may continue to be held liable for the obligation under the Loan Documents); or (3) Lender waived this requirement in writing. D. This Agreement supersedes the terms of any modification, forbearance, trial period plan, or workout plan that I entered into with Lender before the date of this Agreement. E. All terms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain in full force and effect and I will comply, with all covenants, agreements, and requirements of the Loan Documents, including (but not limited to) my agreement to pay all taxes, insurance premiums, assessments, Escrow Items, impounds, and all other similar obligations, the amounts of which may change in accordance with the terms of my Modified Loan Documents. F. The Modified Loan Documents are duly valid, binding agreements, enforceable in accordance with their terms and are hereby ratified and confirmed. G. I will fully cooperate with Lender in obtaining any title endorsement(s) or similar title insurance product(s) and/or any subordination agreement(s) that are necessary or required by Lender's procedures and/or the Program to ensure that the Mortgage, as modified by this Agreement, is in first-priority lien position and is fully enforceable. The terms of this Agreement will not become effective, and this Agreement will be null and void, if Lender does not receive such title endorsement(s), title insurance product(s), and/or subordination agreement(s) on or before the Modification Effective Date. H. I know that I am only entitled to loss mitigation terms that comply with the Program. Therefore, if Lender discovers any error in the terms of this Agreement or in the FHA's required subordinate mortgage loan, I authorize the Lender to advise me of the error. If I do not accept the corrected terms, at Lender's option, this Agreement becomes void and of no legal effect. If I accept the corrected terms, I will execute and promptly return to Lender the revised and additional documents that will (1) consummate the intended terms and conditions of this Agreement and/or (2) correct the terms and conditions of this Agreement (a "Corrected Agreement"). If I do not sign and deliver a Corrected Agreement or any additional document required by Lender to comply with the Program, the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement, and I may not be eligible for the Program. I. Lender will collect and record, as applicable, personal information about me, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity ("Personal Information"). In addition, I consent to the disclosure of my Personal Information and the terms of the trial period plan and this Agreement by Lender to (1) any investor, insurer, guarantor, or servicer that owns, insures, guarantees, or services my first lien or subordinate lien (if applicable) mortgage loan(s), (2) companies that perform support services for the Program, and (3) any HUD-certified housing counseling agency. J. If any document related to the Loan Documents and/or this Agreement is lost, misplaced, or otherwise missing, I will comply with Lender's request to execute, acknowledge, initial, and deliver to Lender any documents Lender deems necessary ("Replacement Documents"). I will deliver the Replacement Documents to Lender within ten days after I receive Lender's written request for such Replacement Documents. In Witness Whereof, the Lender and I have executed this Agreement. (Signatures must be signed exactly as printed, original signature required, no photocopies accepted) SIGN HERE Jeffrey Smoot (Must Be Signed Exactly As Printed) 12/19/2015 MM/DD/YYYY [Space below this line for Acknowledgement] STATE OF OKLAHOMA COUNTY OF OKLAHOMA On the 19th day of Dec in the year 2015 before me, Leonard L Calhoun Notary Public, personally appeared Jeffrey Smoot, personally known to me or proved to me on the basis of satisfactory evidence to be the person(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 authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. __________________________ Notary Signature Leonard L Calhoun __________________________ Notary Public Printed Name Leonard L Calhoun __________________________ Notary Public Commission Expiration Date 10-13-18 DO NOT WRITE BELOW THIS LINE. THIS SECTION IS FOR INTERNAL USE ONLY Bank of America, N.A., for itself or as successor by merger to BAC Home Loans Servicing, LP By: Urban Settlement Services, LLC, its attorney in fact By: ____________________________ Dated: DEC 23 2015 Name: CHINDA CHANTHIVONG Title: ASSISTANT SECRETARY Space below this line for Acknowledgement STATE OF Colorado COUNTY OF Pueblo On 23rd day of Dec in the year 2015 before me, Brandon Tatsuo Iwamoto Notary Public, personally appeared CHINDA CHANTHIVONG Assistant Secretary of Urban Settlement Services, LLC., attorney in fact for Bank of America, N.A., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(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 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Signature Brandon Tatsuo Iwamoto Notary Public Printed Name Please Seal Here MAR 25 2018 Notary Public Commission Expiration Date BRANDON TATSUO IWAMOTO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144013219 COMMISSION EXPIRES MAR. 25, 2018 EXHIBIT "A" LEGAL DESCRIPTION All of Lot One (1), in Block One (1), in Fox Hollow, an Addition to the City of Oklahoma City, Oklahoma County, Oklahoma, according to the recorded plat thereof. JURAT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ventura Subscribed and sworn to (or affirmed) before me on this of January 5th, 2016 by AVP Natalia Derkatch, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. KAREN A. BRADISH COMM. # 2041107 NOTARY PUBLIC • CALIFORNIA VENTURA COUNTY My Commission Expires September 12, 2017 (seal) Signature of Notary DESCRIPTION OF THE ATTACHED DOCUMENT SECTION 255 AFFIDAVIT MORTGAGEE TAX EXEMPTION NUMBER OF PAGES 2 DOCUMENT DATE January 5, 2016 Title or Description of attached document Section 255 Affidavit Mortgage Tax Exemption (Additional Information) Received MTG Tax : $20.89 Paid: 6/13/2019 8:51:35 AM Rcpt # 1826217 Forrest 'Butch' Freeman Okla Co. Treasurer By KSTEVENS Deputy SEE AFFIDAVIT SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE LOAN MODIFICATION AGREEMENT Recording Requested By & Return To: BANK OF AMERICA, N.A. ATTN: HOME RETENTION DIVISION 6860 Argonne St, Unit A Denver, CO 80249 Prepared by: Chou Vang BANK OF AMERICA, N.A. 6860 Argonne St, Unit A Denver, CO 80249 1-720-445-3581 REC: [REDACTED] GRANTOR(S): Jeffrey Smoot 1503 Steeple Chase St, Oklahoma City, OK 73131 GRANTEE: Bank of America, N.A. 6860 Argonne St, Unit A, Denver, CO 80249 Prev. Rec. Info: 10/05/2009 BK: 11212 PG: 824 INSTR# 2009133118 APN: [REDACTED] Original Mortgage: $ 154,176.00 New Mortgage: $ 175,064.16 New Money: $ 20,888.16 EXHIBIT "4" After Recording Return To: Bank of America, N.A. 6860 Argonne St, Unit A Denver, CO 80249 This document was prepared by BANK OF AMERICA, N.A. [Space Above This Line for Recording Data] LOAN MODIFICATION AGREEMENT (FHA-Insured) (FHA-HAMP—No Partial Claim) Borrower ("I"): Jeffrey Smoot Original Lender/Beneficiary Lender or Servicer ("Lender"): Bank of America, N.A. Date of first-lien mortgage, deed of trust, or security deed ("Mortgage") and Note ("Note"): September 28, 2009 Property Address ("Property"): See Exhibit A for Legal Description 1503 Steeple Chase St, Oklahoma City, OK 73131 Important Disclosures: The Federal Housing Administration (FHA) requires that Lender provide you with information designed to help you understand the modified mortgage terms that are being offered to you. Lender is required to provide you with clear and understandable written information about the terms, costs, and risks of the modified mortgage in a timely manner to enable Borrower to make informed decisions. This information is included below. Please read it carefully. If my representations in Section 1 below continue to be true in all material respects, then this Loan Modification Agreement ("Agreement") will, as set forth in Section 3 below, amend and supplement (1) the Mortgage on the Property and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are referred to as the "Loan Documents." Capitalized terms used in this Agreement and not defined here have the meaning given to them in the Loan Documents. If there is more than one borrower or mortgagor executing this document, each is referred to as "I." Words signifying the singular (such as "I") shall include the plural (such as "we") and vice versa where appropriate. This Agreement will not take effect unless the preconditions set forth in Section 2 below have been satisfied. 1. My Representations. I certify, represent to Lender, and agree as follows: A. The Property has no more than four units. B. The Property currently has no materially adverse physical condition(s). C. I intend to continue to live in the Property as my primary residence. D. I do not have any other FHA-insured mortgage. E. I am in default under the Loan Documents. My default under the Loan Documents resulted from my verifiable (1) loss of income or (2) increase in living expenses. F. I currently have sufficient income to support the financial obligations under the Loan Documents, as modified by this Agreement. G. I have disclosed all income that I receive. I have provided Servicer with all requested financial information. However, I am not required to disclose any child support or alimony that I receive, unless I wish to have such income considered to qualify for the Plan. H. Under penalty of perjury, all documents and information I have provided to Lender in connection with this Agreement are true and correct. 1. If I received a discharge in a Chapter 7 Bankruptcy proceeding subsequent to the execution of the Loan Documents, Lender agrees that I will not have personal liability on the debt pursuant to this Agreement. 2. Acknowledgements and Preconditions to Permanent Modification. I understand and acknowledge that: A. Prior to the Modification Effective Date as set forth in Section 3 below, if Lender determines that any of my representations in Section 1 above are no longer true and correct, the Loan Documents will not be modified and this Agreement will terminate. In that event, Lender will have all of the rights and remedies provided by the Loan Documents. B. The Loan Documents will not be modified unless and until (1) Lender approves this Agreement and (2) the Modification Effective Date (as defined in Section 3 below) has occurred. In addition, Lender will not be obligated to modify the Loan Documents if I fail to meet any of the requirements under this Agreement. 3. The Modification. If all of my representations in Section 1 above continue to be true in all material respects and all preconditions to the modification set forth in Section 2 above have been met, the Loan Documents will automatically become modified on July 1, 2019 (the "Modification Effective Date") and all unpaid late charges that remain unpaid will be waived. If I have failed to make any payments that are a precondition to this modification, this modification will not take effect. A. The new Maturity Date will be June 1, 2049. B. As of the Modification Effective Date, the new principal balance of my Note is $175,064.16 (the "New Principal Balance"). In servicing your loan, the Bank may have incurred third-party fees or charges that were not included in the terms of this Agreement. If so, these fees and charges will appear on your monthly statement under "Fees and Charges." These fees and charges will not accrue interest or late fees. You may pay these fees and charges at any time. If not previously paid, you must pay these fees and charges at the earliest of (1) the date you sell or transfer an interest in the Property, (2) the date you pay the entire New Principal Balance, or (3) the Maturity Date. C. Interest at the fixed rate of 4.250% will begin to accrue on the New Principal Balance as of June 1, 2019 and my first new monthly payment on the New Principal Balance will be due on July 1, 2019. My fully amortizing payment schedule for the modified Loan is as follows: <table> <tr> <th>Years</th> <th>Interest Rate</th> <th>Monthly Principal and Interest Payment Amount</th> <th>Estimated Monthly Escrow Payment Amount*</th> <th>Total Monthly Payment*</th> <th>Payment Begins On</th> <th>Number of Monthly Payments</th> </tr> <tr> <td>30</td> <td>4.250%</td> <td>$861.21</td> <td>$477.15, may adjust periodically</td> <td>$1,338.36, may adjust periodically</td> <td>07/01/2019</td> <td>360</td> </tr> </table> *The escrow payments may be adjusted periodically in accordance with applicable law. Therefore, my total monthly payment may change accordingly. The total monthly payment amount shown does not include the cost for any optional products that may be on the mortgage loan. The terms in this Section 3.C. supersede any provisions to the contrary in the Loan Documents, including (but not limited to) provisions for an adjustable- or step-interest rate. D. I will be in Default if I do not comply with the terms of the Loan Documents, as modified by this Agreement. E. The interest rate set forth in Section 3.C. above shall apply even in the event of default and if the Loan Documents permitted a default rate of interest. 4. Additional Agreements. Lender and I agree to the following: A. I authorize Lender to attach an Exhibit A to this loan modification, which will include a Legal Description, recording information of the original security instrument, and any other relevant information required by a County Clerk's Office to allow for recording if and when recording becomes necessary for Lender. B. All persons, or their authorized representative(s), who signed the Loan Documents have signed this Agreement, unless (1) a borrower or co-borrower is deceased; (2) the borrower and co-borrower are divorced and the property has been transferred to one spouse in the divorce decree, meaning that the spouse who no longer has an interest in the property need not sign this Agreement (although the non-signing spouse may continue to be held liable for the obligation under the Loan Documents); or (3) Lender has waived this requirement in writing. This Agreement may be executed in separate counterparts, each of which shall be deemed an original. C. This Agreement supersedes the terms of any modification, forbearance, trial modification payment plan, or loan workout plan that I previously entered into with Lender. D. I will comply, except to the extent that they are modified by this Agreement, with all covenants, agreements, and requirements of the Loan Documents, including my agreement to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments, the amount of which may periodically change over the term of my Loan. E. The Loan Documents are composed of duly valid, binding agreements enforceable in accordance with their terms and are hereby reaffirmed. F. All terms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain in full force and effect. Nothing in this Agreement satisfies or releases in whole or in part any of the obligations contained in the Loan Documents. Except as otherwise specifically provided in, and as expressly modified by, this Agreement, Lender and I will be bound by, and will comply with, all of the terms and conditions of the Loan Documents. G. On and after the Modification Effective Date, and notwithstanding any other provision of the Loan Documents, if all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option require immediate payment in full of all sums secured by the Mortgage. However, Lender shall not exercise this option if state or federal law, rules, or regulations prohibit the exercise of such option as of the date of such sale or transfer. If Lender exercises this option, Lender shall give me 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 I must pay all sums secured by the Mortgage. If I fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Mortgage without further notice to, or demand on, me. H. On and after the Modification Effective Date, Lender will allow the transfer and assumption of the Loan, including this Agreement, only as permitted under FHA guidelines. Except as noted herein, this Agreement may not be assigned to, or assumed by, a buyer or transferee of the Property. I. On and after the Modification Effective Date, any provision in the Note (or in any addendum or amendment to the Note) that allowed for the assessment of a penalty for full or partial prepayment of the Note, is null and void. J. I will cooperate fully with Lender in obtaining any title endorsement(s), or similar title insurance product(s), and/or subordination agreement(s) that are necessary or required by Lender's procedures to ensure that the modified mortgage loan is in first-lien position and/or is fully enforceable upon modification. Under any circumstance and not withstanding anything else to the contrary in this Agreement, if Lender does not receive such title endorsement(s), title insurance product(s), and/or subordination agreement(s), the terms of this Agreement will not become effective on the Modification Effective Date and the Agreement will be null and void. K. I will execute such other documents as may be reasonably necessary either to (1) consummate the terms and conditions of this Agreement or (2) correct the terms and conditions of this Agreement if an error is detected after execution of this Agreement. Lender may declare this Agreement void and of no legal effect upon notice of such error. If I sign a corrected Agreement, Lender will provide a copy of such Agreement to me. If I elect not to sign such corrected Agreement, at Lender's sole option, (x) the terms of the original Loan Documents shall continue in full force and effect and (y) the terms of the original Loan Documents will not be modified by this Agreement. L. Lender may collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity. In addition, I understand and consent to the disclosure all of this information and the terms of this Agreement by Lender to (1) any government entity that regulates Lender; (2) any investor, insurer, guarantor, or servicer that owns, insures, guarantees, or services my first-lien or subordinate-lien (if applicable) mortgage loan(s); (3) companies that perform support services for the FHA and (4) any HUD-certified housing counseling agency. M. If any document related to the Loan Documents and/or this Agreement is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the loan as modified, or is otherwise missing, I will comply with Lender's request to execute, acknowledge, initial, and deliver to Lender any documentation Lender deems necessary. If the original promissory note is replaced, Lender hereby indemnifies me against any loss associated with a demand on the original note. All documents that Lender requests of me under this Section shall be referred to as the "Documents." I will deliver the Documents within ten days after I receive Lender's written request for such replacement. In Witness Whereof, the Lender and I have executed this Agreement. (Signatures must be signed exactly as printed, original signature required and no photocopies accepted.) SIGN HERE Jeffrey Smoot (Must be signed exactly as printed) 05/22/2019 Signature date (MM/DD/YYYY) [Space below this line for Acknowledgement] STATE OF Oklahoma COUNTY OF Tulsa On the 22 day of May in the year 2019 before me, Cody Wilson, Notary Public, personally appeared Jeffrey Smoot, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(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 authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Signature Notary Public Printed Name (exactly as printed on seal) Notary Public Commission Expiration Date (Please ensure seal does not overlap any language or print) DO NOT WRITE BELOW THIS LINE. *********************************************************************************************** THIS SECTION IS FOR INTERNAL USE ONLY Bank of America, N.A., for itself or as successor by merger to BAC Home Loans Servicing, LP By: Mortgage Connect Document Solutions, LLC, its attorney in fact By __________________________ Name: Stephanie Casillas Title: Assistant Secretary MAY 28, 2019 [Space below this line for Acknowledgement] STATE OF Colorado COUNTY OF Denver On 28 day of May in the year 2019 before me CHOU VANG Notary Public, personally appeared Stephanie Casillas Assistant Secretary of Mortgage Connect Document Solutions, LLC, attorney in fact for Bank of America, N.A., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(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 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Notary Signature CHOU VANG Notary Public Printed Name (exactly as printed on seal) Notary Public Commission Expiration Date 7/19/2022 (Please ensure seal does not overlap any language or print) CHOU VANG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184028368 COMMISSION EXPIRES 7/19/2022 EXHIBIT "A" LEGAL DESCRIPTION THE FOLLOWING DESCRIBED PROPERTY LOCATED IN OKLAHOMA COUNTY, OKLAHOMA: ALL OF LOT ONE (1), IN BLOCK ONE (1), IN FOX HOLLOW, AN ADDITION TO THE CITY OF OKLAHOMA CITY, OKLAHOMA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. Oklahoma Tax Commission 2501 Lincoln Blvd. PO Box 269060 Oklahoma City, Oklahoma 73126-9060 Oklahoma County Taxpayer: JEFF SMOOT THE STATE OF OKLAHOMA TO: The County Clerk of Oklahoma County, Oklahoma Whereas, the above named taxpayer(s) is indebted to the State of Oklahoma for ITT with penalties and interest thereon computed to date, for the period(s) and in the amount(s) as follows: ITT-13085022-02 01/01/2017-12/31/2017 Total Tax: $542.86 Interest to date of issuance: $153.06 Penalties to date of issuance: $42.90 Tax warrant penalty: $73.88 Filing Fee: $26.08 Penalties to date of issuance: $838.70 Interest continues to accrue on the total tax until paid, and additional penalties may accrue as authorized by Oklahoma Law. Now therefore, you are directed to record and index this warrant in the same manner as a judgement, using the name(s) of the delinquent taxpayer(s) shown above, name of the tax, the amount of the tax, interest and penalties for which the warrant is issued, and the date and time when filed. In witness whereof, the Oklahoma Tax Commission has caused this writ to be subscribed and duly attested, with the seal of said commission affixed this July 15, 2019 Oklahoma Tax Commission: [Signature] Assistant Secretary EXHIBIT "6"