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OKMULGEE COUNTY • CJ-2020-00036

U.S. Bank National Association as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2004-4 v. DAVID W. LEWIS A/K/A DAVID LEWIS A/K/A DAVID WAYNE LEWIS; SPOUSE, IF ANY, OF DAVID W. LEWIS; KYMBERLY L. LEWIS A/K/A KYMBERLY LEANN LEWIS; SPOUSE, IF ANY, OF KYMBERLY L. LEWIS; JOHN DOE, OCCUPANT; CAPITAL ONE BANK (USA) N.A.; MIDLAND FUNDING, LLC; AND TULSA ADJUSTMENT BUREAU, INC.

Filed: Feb 21, 2020
Type: CJ

What's This Case About?

Let’s get one thing straight: this is not a story about a $53,923.37 debt. This is a story about a 1999 Oakwood mobile home named HOTX11B00364AB — and the legal black hole it got sucked into after two people named David and Kymberly Lewis stopped being married, stopped making mortgage payments, and unleashed a bureaucratic avalanche involving banks, trusts, ex-mortgage companies, and a sheriff’s sale that probably won’t even cover the legal fees.

Welcome to Beggs, Oklahoma — population: small; drama: colossal.

David W. Lewis and Kymberly L. Lewis used to be a team. In January 2004, they stood together and signed a $75,000 mortgage to buy a piece of land in Tract 21, Block 10 of Beelino (yes, Beelino — not a typo, not a joke, just Oklahoma real estate poetry). On that land sat a 1999 Oakwood manufactured home, which they declared — with all the solemnity of a real estate ritual — to be “permanently affixed” and “intended to be conveyed jointly with the land as real property.” In other words: this wasn’t just a trailer. This was home. Or at least, it was supposed to be.

They borrowed the money from a company called Option One Mortgage Corporation — which, if you’re keeping score at home, sounds like a bad life choice and also happens to be defunct. The loan came with a 7.79% interest rate, monthly payments of $539.38, and a payoff date in 2034. It was, by all appearances, a normal mortgage for a not-so-normal place: a manufactured home on rural Oklahoma soil, tucked away at 11620 E. 262nd Street, where the nearest neighbor might be a cow.

But life, as it does, had other plans. In May 2010, David and Kymberly divorced. The filing doesn’t say who got the dog, but it does confirm they split up — and crucially, it doesn’t say who took over the mortgage. That detail matters. Because fast-forward nine years, and the last payment was made in June 2019. Come July? Crickets. No more $539.38 checks. No calls. No explanations. Just silence — the kind that echoes in the halls of county clerks and triggers automated default notices.

Now, you might be wondering: who even is U.S. Bank National Association as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2004-4? And why does it sound like a sentence that should come with a warning label?

Here’s the twist: it’s not a bank. Not really. It’s a trust — a legal ghost vessel created to hold mortgage-backed securities, the kind of financial Frankenstein that thrived in the early 2000s housing boom. Option One issued the loan. Then, like a mortgage hot potato, it got sold, merged, transferred, and repackaged into a trust that now exists mostly on paper and in court filings. By January 2020, U.S. Bank — as the surviving trustee — officially inherited the Lewis mortgage through an assignment filed in Okmulgee County. And with that, the foreclosure machine powered up.

The lawsuit claims David W. Lewis (Kymberly is named but not actively pursued post-divorce) owes $53,923.37 in principal, plus interest, late fees, attorney costs, abstracting fees ($825, because someone had to dig through 16 years of records), and “property preservation expenses” — which, in foreclosure-speak, means: “We had to board up the windows after you stopped paying and the raccoons moved in.”

But here’s where it gets deliciously petty: the plaintiff isn’t just after the house. They want the mobile home, too — specifically, VIN HOTX11B00364AB. They’re not treating it as personal property. Oh no. They’re treating it like a chandelier bolted to the ceiling: part of the real estate, a “fixture,” and therefore theirs to claim when the gavel drops. The filing even cites Oklahoma law (47 O.S. § 1118(D)) to demand a repossession certificate from the Oklahoma Tax Commission. That’s right — they want the title to a 25-year-old manufactured home. One that, in all likelihood, depreciated faster than a Nokia 3310.

And let’s talk about the other players in this legal circus. The defendants list reads like a debt collection bingo card: Capital One Bank, Midland Funding, Tulsa Adjustment Bureau — all creditors with judgments against David Lewis, all with liens on the property. But here’s the kicker: they’re all junior to the mortgage. That means if the house sells, U.S. Bank gets paid first. Everyone else? They’re fighting over crumbs. Or more likely, nothing. Because let’s be honest — how much is a 1999 mobile home on a rural Oklahoma plot worth in 2024? Not $53,923.37.

So why are they in court? Because the mortgage says they can foreclose. Because the note was defaulted. Because the system demands it. The legal claim is as straightforward as it is brutal: “You didn’t pay. We want our money. If you can’t pay, we’ll take the house and sell it.” No drama. No surprise. Just the cold, mechanical grind of secured debt enforcement.

And what do they want? $53,923.37, plus interest and fees — totaling about $59,323.37 in total demand. Is that a lot? For a manufactured home in Beggs, OK? Absolutely. The original loan was $75,000. They’ve been paying for 15 years and still owe most of it? That math stinks of negative amortization, balloon payments, or a loan structure designed to fail. And now, the plaintiff wants to wipe the slate clean by selling the property — and possibly ending up with less than they’re owed.

Our take? The most absurd part isn’t the debt. It’s the naming. The plaintiff’s full name is longer than the average TikTok script. It’s a mortgage-backed trust from 2004 — a relic of the housing bubble — coming after a man for a debt tied to a marriage that ended 14 years ago and a home that’s probably held together by duct tape and nostalgia. And they care so much about a 1999 Oakwood that they cited its VIN in a court filing like it’s a rare VIN-coded artifact.

We’re rooting for the raccoons. Or the tax commission. Or honestly, anyone who isn’t a defunct mortgage lender’s legal ghost. Because at this point, the only thing more tragic than losing your home is losing it to a trust that doesn’t even know your name — only your debt.

Case Overview

$59,323 Demand Petition
Jurisdiction
District Court of Okmulgee County, Oklahoma
Relief Sought
$53,938 Monetary
Claims
# Cause of Action Description
1 foreclosure of mortgage Plaintiff seeks to foreclose on a mortgage held by Defendant David W. Lewis and his wife Kymberly L. Lewis for the sum of $53,923.37, plus interest and costs.

Petition Text

10,857 words
IN THE DISTRICT COURT OF OKMULGEE COUNTY STATE OF OKLAHOMA U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-4, Plaintiff, v. DAVID W. LEWIS A/K/A DAVID LEWIS A/K/A DAVID WAYNE LEWIS; SPOUSE, IF ANY, OF DAVID W. LEWIS; KYMBERLY L. LEWIS A/K/A KYMBERLY LEANN LEWIS; SPOUSE, IF ANY, OF KYMBERLY L. LEWIS; JOHN DOE, OCCUPANT; CAPITAL ONE BANK (USA) N.A.; MIDLAND FUNDING, LLC; AND TULSA ADJUSTMENT BUREAU, INC. Defendant(s). PETITION COMES NOW the Plaintiff, U.S. Bank National Association as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2004-4, and for its cause of action against the above-named defendants, alleges and states: 1. That on January 15, 2004, David W. Lewis, for valuable consideration, executed a certain promissory note payable to Option One Mortgage Corporation in the principal sum of $75,000.00, 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 the Plaintiff is the one and the same entity as U.S. Bank National Association, Successor-In-Interest to Bank of America, N.A. successor by merger to LaSalle Bank, N.A., as trustee for Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2004-4. 3. That on January 15, 2004, 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, David D. Lewis and Kymberly L. Lewis, Husband and Wife, as owner(s) and mortgagor(s) of the hereinafter-described property, executed and delivered to Option One Mortgage Corporation, as mortgagee, a certain mortgage in which the said mortgagor(s) conveyed and mortgaged to the said mortgagee all of the following-described real estate situated in Okmulgee County, State of Oklahoma, to-wit: TRACT 21, BOCK 10 IN BEELINE, A SUBDIVISION, OKMULGEE COUNTY, STATE OF OKLAHOMA That there is attached to the real property a certain mobile/manufactured home, to wit: a 1999 (Year), Oakwood (Make), HOTX11B00364AB (VIN/Serial number). PROPERTY ADDRESS: 11620 E. 262nd Street, Beggs, OK 74421 together with all buildings, improvements, fixtures, appurtenances and hereditaments appertaining or belonging thereto. 4. That on January 23, 2004, the said mortgage was filed of record, with mortgage tax paid thereon, in the office of the county clerk of Okmulgee County, Oklahoma, in Book 1811 Page 226, a true and correct copy of which is attached hereto, marked Exhibit "2" and made a part hereof. 5. That on January 13, 2020, the said Mortgage was assigned to the Plaintiff by that certain assignment filed for record on January 23, 2020, in Book 2245 Page 55, records of said county and state, a copy of which is attached hereto, marked Exhibit "3" and made a part hereof. 6. The mobile/manufactured home was part and parcel of the loan transaction and is a fixture of appurtenance to the real property being herein foreclosed and title to the mobile home should be vested in Plaintiff, and the Court should so determine and that upon completion of this action, Plaintiff will seek from the Oklahoma Tax Commission a repossession certificate of title identifying the Plaintiff, its successors and assigns, as the owner of the manufactured home, pursuant to 47 O.S. § 1118(D). 7. That the defendants, David W. Lewis and Kymberly Leann Lewis, were divorced pursuant to that certain decree of divorce entered on May 19, 2010, case number FD-2010-62, records of said county and state. 8. That default has occurred in that the monthly payment due for July 1, 2019 and thereafter has not been made as provided in the note and mortgage; that the Plaintiff hereby declares the whole of said indebtedness due and payable, and elects to have the 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 mortgage the principal sum of $53,923.37, plus interest from and after June 1, 2019, until paid, together with a reasonable attorney's fee, abstracting cost of $825.00, late charges, 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. Spouse, if any, of David W. Lewis by reason of a possible homestead interest, or otherwise. Kymberly L. Lewis by reason of a possible homestead interest, or otherwise. Spouse, if any, of Kymberly L. Lewis by reason of a possible homestead interest, or otherwise. Capital One Bank (USA), N.A. by reason of that certain judgment rendered in case number CS-2019-30, as recorded in book 2235, page 895, records of said county and state, which is incorporated herein by reference, or otherwise. Capital One Bank (USA), N.A. by reason of that certain judgment rendered in case number CS-2019-64, as recorded in book 2235, page 897, records of said county and state, which is incorporated herein by reference, or otherwise. Midland Funding, LLC by reason of that certain judgment rendered in case number CS-2019-272, as recorded in book 239, page 613, records of said county and state, which is incorporated herein by reference, or otherwise. Tulsa Adjustment Bureau, Inc. by reason of that certain judgment rendered in case number CS-2019-5159, as recorded in book 2239, page 737, records of said county and state, which is incorporated herein by reference, or otherwise. WHEREFORE, Plaintiff prays that it recover a judgment against the defendant(s), David W. Lewis, in the principal sum of $53,923.37, plus interest from and after June 1, 2019, until paid, together with a reasonable attorney's fee, abstracting cost of $825.00, late charges, 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 mortgage to be a valid and subsisting first lien on the real estate herein described for the full amount of the judgment; that said 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: Kristan A. Bolding 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 File no. 20-136241 NOTE 11620 E 262ND STREET, BEGGS, OK 74421-2178 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $75,000.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Option One Mortgage Corporation, a California Corporation I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. Interest will be calculated on the basis of a 12-month year and a 30-day month. I will pay interest at a yearly rate of 7.790% The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on March 01, 2004 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on February 01, 2034, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at Option One Mortgage Corporation P.O. BOX 92103 LOS ANGELES, CA 90009-2103 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $539.38 (C) Application of Payments Payments received by the Note Holder will be applied in the following order: (i) prepayment charges due under this Note; (ii) amounts payable under paragraph 2 of the Security Instrument (defined below); (iii) interest due under this Note; (iv) principal due under this Note; and (v) late charges due under this Note. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due, together with accrued interest. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. If within 36 Months from the date of execution of the Security Instrument I make a full prepayment or, in certain cases a partial prepayment, I will at the same time pay to the Note Holder a prepayment charge. The prepayment charge will be equal to six (6) months advance interest on the amount of any prepayment that, when added to all other amounts prepaid during the twelve (12) month period immediately preceding the date of the prepayment, exceeds twenty percent (20%) of the original principal amount of this Note. In no event will such a charge be made unless it is authorized by state or federal law. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. If I am in default, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all interest that I owe on that amount, together with any other charges that I owe under this Note or the Security Instrument. (C) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (D) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. 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. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I 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 the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, 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 this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 11. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the Mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. DAVID W LEWIS SSN: [REDACTED] (Sign Original Only) ALLONGE TO NOTE (INVESTOR) This allonge makes reference to the following Note: Borrowers: DAVID W LEWIS Property Address: 11620 E 262ND STREET, BEGGS, OK 74421-2178 Loan Amount: $75,000.00 Note Date: 01/15/04 Therefore, in reference to the captioned note, the following applies: Pay to the order of: Without Recourse Option One Mortgage Corporation A California Corporation By: ___________________________ Debbie Davis Assistant Secretary BOOK 1811 226 058339 Return To: OLT Real Estate Closing P.O. Box 875 Okmulgee, OK 74447 WHEN RECORDED MAIL TO: OPTION ONE MORTGAGE CORPORATION P.O. BOX 57096 IRVINE, CA 92619-7096 ATTN: RECORDS MANAGEMENT [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on January 15, 2004 . The mortgagor is DAVID W LEWIS AND KYMBERLY L. LEWIS, HUSBAND AND WIFE ("Borrower"). This Security Instrument is given to Option One Mortgage Corporation, a California Corporation which is organized and existing under the laws of CALIFORNIA , and whose address is 3 Ada, Irvine, CA 92618 ("Lender"). Borrower owes Lender the principal sum of SEVENTY FIVE THOUSAND . . . AND NO/100THs Dollars (U.S. $75,000.00 ). 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 February 01, 2034 . 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 Lender, with power of sale, the following described property located in Okmulgee County, Oklahoma: Tract 21, Block 10 in Beelino, a subdivision, Okmulgee County, State of Oklahoma MAINTAINED THEREOF. MAKE: MODEL NAME: SERIAL NUMBER: WIDTH: YEAR: which has the address of 11620 E 262ND STREET, BEGGS Oklahoma 74421-2178 ("Property Address"); THE SECURITY INSTRUMENT SECURES AN OBLIGATION FOR A MANUFACTURED HOME/MOBILE HOME THAT IS PERMANENTLY AFFIXED TO THE LAND AND IS AN APPURTENANCE THERETO. THE ABOVE DESCRIBED MANUFACTURED HOME/MOBILE HOME IS CONSIDERED BY THE GRANTORS HEREIN TO BE A COMPONENT OF THE LAND AND INTENDED TO BE CONVEYED JOINTLY WITH THE LAND AS REAL PROPERTY. 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. COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. 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. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, or applicable Law otherwise requires, insurance proceeds shall be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any such insurance proceeds, and then, at Lender's option, in such order and proportion as Lender may determine in its sole and absolute discretion, and regardless of any impairment of security or lack thereof: (i) to the sums secured by this Security Instrument, whether or not then due, and to such components thereof as Lender may determine in its sole and absolute discretion; and/or (ii) to Borrower to pay the costs and expenses of necessary repairs or restoration of the Property to a condition satisfactory to Lender. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, Lender may collect the insurance proceeds. Lender may, in its sole and absolute discretion, and regardless of any impairment of security or lack thereof, use the proceeds to repair or restore the Property or to pay the sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extend of the sums secured by this Security Instrument immediately prior to the acquisition. If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the Property and such insurance is not specifically required by Lender, then such insurance shall (i) name Lender as loss payee thereunder, and (ii) be subject to the provisions of this paragraph 5. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower acknowledges that the Lender does not desire to make a loan to Borrower secured by this property on the terms contained in the Note unless the property is to be occupied by Borrower as Borrower's primary/secondary residence. Lender makes non-owner residence loans of different terms. Borrower promises and assures Lender that Borrower intends to occupy this property as Borrower's primary/secondary residence and that Borrower will so occupy this property as its sole primary/secondary residence within sixty (60) days after the date of the Security Instrument. If Borrower breaches this promise to occupy the property as Borrower's primary/secondary residence, then Lender may invoke any of the following remedies, in addition to the remedies provided in the Security Instrument; (1) Declare all sums secured by the Security Instrument due and payable and foreclose the Security Instrument, (2) Decrease the term of the loan and adjust the monthly payments under the Note accordingly, increase the interest rate and adjust the monthly payments under the Note accordingly, or (3) require that the principal balance be reduced to a percentage of either the original purchase price or the appraised value then being offered on non-owner occupied loans. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. 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 all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. Borrower shall, at Borrower's own expense, appear in and defend any action or proceeding purporting to affect the Property or any portion thereof or Borrower's title thereto, the validity or priority of the lien created by this Security Instrument, or the rights or powers of Lender with respect to this Security Instrument or the Property. All causes of action of Borrower, whether accrued before or after the date of this Security Instrument, for damage or injury to the Property or any part thereof, or in connection with any transaction financed in whole or in part by the proceeds of the Note or any other note secured by this Security Instrument, by Lender, or in connection with or affecting the Property or any part thereof, including causes of action arising in tort or contract and causes of action for fraud or concealment of a material fact, are, at Lender's option, assigned to Lender, and the proceeds thereof shall be paid directly to Lender who, after deducting therefrom all its expenses, including reasonable attorneys' fees, may apply such proceeds to the sums secured by this Security Instrument or to any deficiency under this Security Instrument or may release any monies so received by it or any part thereof, as Lender may elect. Lender may, at its option, appear in and prosecute in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement thereof. Borrower agrees to execute such further assignments and any other instruments as from time to time may be necessary to effectuate the foregoing provisions and as Lender shall request. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the 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, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate in effect from time to time and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. 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 lieu of condemnation, are hereby assigned and shall be paid to Lender. Lender may apply, use or release the condemnation proceeds in the same manner as provided in paragraph 5 hereof with respect to insurance proceeds. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for 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 successors 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 17. 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. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. 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 other 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. 15. 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. 16. Borrower’s Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender’s prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower’s Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys’ fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender’s rights in the Property and Borrower’s obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the “Loan Servicer”) that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. The holder of the Note and this Security Instrument shall be deemed to be the Lender hereunder. 20. 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 Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Borrower shall be solely responsible for, shall indemnify, defend and hold harmless Lender, its directors, officers, employees, attorneys, agents, and their respective successors and assigns, from and against any and all claims, demands, causes of action, loss, damage, cost (including actual attorneys' fees and court costs and costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, abatement, containment, remedial or other required plan), expenses and liability directly or indirectly arising out of or attributable to (a) the use, generation, storage, release, threatened release, discharge, disposal, abatement or presence of Hazardous Substances on, under or about the Property, (b) the transport to or from the Property of any Hazardous Substances, (c) the violation of any Hazardous Substances law, and (d) any Hazardous Substances claims. As used in this paragraph 20, "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 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. ADDITIONAL COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. If any installment under the Note or notes secured hereby is not paid when due, or if Borrower should be in default under any provision of this Security Instrument, or if Borrower is in default under any other mortgage or other instrument secured by the Property, all sums secured by this Security Instrument and accrued interest thereon shall at once become due and payable at the option of Lender without prior notice, except as otherwise required by applicable law, and regardless of any prior forbearance. In such event, Lender, at its option, and subject to applicable law, may then or thereafter invoke the power of sale and/or any other remedies or take any other actions permitted by applicable law. Lender will collect all expenses incurred in pursuing the remedies described in this Paragraph 21, 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. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for releasing the Property for services rendered if the charging of the fee is permitted under applicable law. 23. Waiver of Appraisement. Appraisement of the Property is waived or not waived at Lender's option, which shall be exercised before or at the time judgment is entered in any foreclosure. 24. Assumption Fee. If there is an assumption of this loan, Lender may charge an assumption fee of U.S. 25. Misrepresentation and Nondisclosure. Borrower has made certain written representations and disclosures in order to induce Lender to make the loan evidenced by the Note or notes which this Security Instrument secures, and in the event that Borrower has made any material misrepresentation or failed to disclose any material fact, Lender, at its option and without prior notice or demand, shall have the right to declare the indebtedness secured by this Security Instrument, irrespective of the maturity date specified in the Note or notes secured by this Security Instrument, immediately due and payable. 26. Time is of the Essence. Time is of the essence in the performance of each provision of this Security Instrument. 27. Waiver of Statute of Limitations. The pleading of the statute of limitations as a defense to enforcement of this Security Instrument, or any and all obligations referred to herein or secured hereby, is hereby waived to the fullest extent permitted by applicable law. 28. Modification. This Security Instrument may be modified or amended only by an agreement in writing signed by Borrower and Lender. 29. Reimbursement. To the extent permitted by applicable law, Borrower shall reimburse Trustee and Lender for any and all costs, fees and expenses which either may incur, expend or sustain in the execution of the trust created hereunder or in the performance of any act required or permitted hereunder or by law or in equity or otherwise arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their fees in connection with Trustee and Lender including, but not limited to assumption application fees; fees for payoff demands and, statements of loan balance; fees for making, transmitting and transporting copies of loan documents, verifications, full or partial lien releases and other documents requested by borrower or necessary for performance of Lender's rights or duties under this Security Instrument; fees arising from a returned or dishonored check; fees to determine whether the Property is occupied, protected, maintained or insured or related purposes; appraisal fees, inspection fees, legal fees, broker fees, insurance mid-term substitutions, repair expenses, foreclosure fees and costs arising from foreclosure of the Property and protection of the security for this Security Instrument; and all other fees and costs of a similar nature not otherwise prohibited by law. 30. Clerical Error. In the event Lender at any time discovers that the Note, any other note secured by this Security Instrument, the Security Instrument, or any other document or instrument executed in connection with the Security Instrument, Note or notes contains an error that was caused by a clerical mistake, calculation error, computer malfunction, printing error or similar error, Borrower agrees, upon notice from Lender, to reexecute any documents that are necessary to correct any such error(s). Borrower further agrees that Lender will not be liable to Borrower for any damages incurred by Borrower that are directly or indirectly caused by any such error. 31. Lost Stolen, Destroyed or Mutilated Security Instrument and Other Documents. In the event of the loss, theft or destruction of the Note, any other note secured by this Security Instrument, the Security Instrument or any other documents or instruments executed in connection with the Security Instrument, Note or notes (collectively, the "Loan Documents"), upon Borrower's receipt of an indemnification executed in favor of Borrower by Lender, or, in the event of the mutilation of any of the Loan Documents, upon Lender's surrender to Borrower of the mutilated Loan Document, Borrower shall execute and deliver to Lender a Loan Document in form and content identical to, and to serve as a replacement of, the lost, stolen, destroyed, or mutilated Loan document, and such replacement shall have the same force and effect as the lost, stolen, destroyed, or mutilated Loan Documents, and may be treated for all purposes as the original copy of such Loan Document. 32. Assignment of Rents. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property. Borrower shall have the right to collect and retain the rents of the Property as they become due and payable provided Lender has not exercised its rights to require immediate payment in full of the sums secured by this Security instrument and Borrower has not abandoned the Property. 33. Riders to this Security Instrument. If on or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements or 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)] ☐ Adjustable Rate Rider ☐ Condominium Rider ☐ 1-4 Family Rider ☐ No Prepayment Penalty Option Rider ☐ Planned Unit Development Rider ☐ Occupancy Rider ☐ Other(s) (specify) 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 and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: __________________________________________ ________________________________ (Seal) -Borrower __________________________________________ ________________________________ (Seal) -Borrower DAVID W LEWIS (Seal) KIMBERLY T LEWIS (Seal) -Borrower -Borrower __________________________________________ ________________________________ (Seal) -Borrower __________________________________________ ________________________________ (Seal) -Borrower STATE OF OKLAHOMA, County ss: The foregoing instrument was acknowledged before me this (date) by David W Lewis and Kimberly T Lewis husband & wife (person acknowledging) Witness my hand and seal on this date. My Commission Expires: 2-7-2006 Notary Public (To Be Recorded With the Security Instrument) MANUFACTURED HOUSING RIDER TO THE SECURITY INSTRUMENT LENDER. The name and address of the Lender/Secured Party is: OPTION ONE MORTGAGE CORPORATION P.O. BOX 57023 IRVINE, CA 92619-7023 BORROWER. The name and address of the Borrower is: DAVID W LEWIS 11620 E 262ND STREET BEGGS, OK 74421-2178 PROPERTY: 11620 E 262ND STREET, BEGGS, OK 74421-2178 THIS RIDER ("Rider") amends and supplements the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Promissory Note ("Note") to Lender in the principal amount of $75,000.00 ("Loan"). IF THERE IS A CONFLICT BETWEEN THE PROVISIONS IN THIS RIDER AND THOSE IN THE NOTE OR THE SECURITY INSTRUMENT, THE PROVISIONS OF THIS RIDER WILL CONTROL. THE CONFLICTING PROVISIONS IN THE NOTE AND THE SECURITY INSTRUMENT WILL BE ELIMINATED OR MODIFIED AS MUCH AS IS NECESSARY TO MAKE ALL THE CONFLICTING TERMS AGREE WITH THIS RIDER. I. GENERAL COVENANTS 1. ADDITIONAL DEFINITIONS. In this Rider (1) "Manufactured Home" or "Home" means the manufactured home described in the Security Instrument and any accessions, attachments, accessories and additions to the Home, whether added now or later; (2) "Improvements" mean additional materials which are or will be incorporated into or associated with the property; (3) "Property" includes the Home and the Improvements; and (4) "Loan Documents" means the Note, the Security Instrument, the Loan Agreement (if any), and any riders to these documents. Any capitalized terms not defined in this Rider shall have the meaning defined in the other Loan Documents. 2. SECURITY AGREEMENT AND FINANCING STATEMENT. To secure payment of all sums due or which become due under the Loan Documents, Borrower's performance of all other terms of the Loan Documents, and any extensions, modifications or renewals of any of the Loan Documents, to the extent permitted by law, Borrower grants Lender a security interest in (1) the Manufactured Home; (2) Borrower's right to possession and ownership of the Property; (3) any and all fixtures, machinery, equipment, building materials, appliances, and goods of every nature whatsoever now or hereafter located in, on or used, or intended to be used in connection with the Property or the Improvements, and all replacements of and accessions to those goods; and (4) proceeds and products of the Property. Lender's security interest shall remain in effect until Borrower has paid in full all amounts due under the Loan Documents. However, Lender is not granted, and will not have, a nonpurchase money security interest in household goods, to the extent such a security interest is prohibited by applicable law. Lender may, at its election, at any time after the delivery of the Security Instrument, sign one or more copies of the Security Instrument in order that such copies may be used as a financing statement under the applicable State laws. Lender's signature need not be acknowledged, and is not necessary to the effectiveness hereof as a Security Instrument, or (unless otherwise required by applicable law) a financing statement. To the extent permitted by law, Borrower also authorizes Lender to sign and file, without Borrower's signature, such financing and continuation statements, amendments, and supplements thereto, and other documents which Lender may from time to time deem necessary to perfect, preserve and protect Lender's security interest in the Property. If any other documents are necessary to protect Lender's interest in the Property, Borrower agrees to sign these documents whenever Lender asks. Borrower also gives Lender permission to sign these documents for Borrower. Borrower will pay any lawfully permitted filing or recording fees necessary for Lender to obtain and maintain in full force Lender's security interest, and any release, discharge or termination fees, after the Loan is paid in full. 3. FUNDS FOR TAXES AND INSURANCE. Lender hereby waives the requirements of Paragraph 2 of the Security Instrument. Lender, however, specifically reserves to itself and its successors and assigns the right to revoke this waiver at any time and reinstate and enforce the requirements of Paragraph 2 of the Security Instrument to the extent permitted by law. 4. HAZARD OR PROPERTY INSURANCE. Paragraph 5 of the Security Instrument is amended to add the following: Borrower will not allow any condition to exist that would, in any way, invalidate insurance on the Property. In the event of loss or damage to the Property, Lender may require additional security or assurance of payment before Lender allows any amounts paid by the insurance company (the "Insurance Proceeds") to be used to repair or replace the Property. Borrower authorizes Lender to adjust Borrower's losses, and sign Borrower's name to any check, draft or other papers necessary to obtain Insurance Proceeds. Borrower authorizes any insurer to pay Lender directly. If Insurance Proceeds paid to Lender do not pay off all amounts Borrower owes Lender under the Loan Documents, Borrower is responsible for the balance. 5. OCCUPANCY, PRESERVATION, MAINTENANCE AND PROTECTION OF THE PROPERTY; BORROWER'S LOAN APPLICATION, LEASEHOLDS. Paragraph 6 of the Security Instrument is amended to add the following. Until all amounts owed under the Loan Documents are paid in full, Borrower promises that the Manufactured Home will be permanently affixed to and be part of the Property. Borrower will do whatever is necessary to keep Lender's claim to a first priority security interest in the Property valid and will not grant or permit any lien on the Property other than as specifically approved by Lender. Borrower will sign any additional documents or provide Lender with any additional information Lender may require in connection with Lender's claim to the Property. Borrower will notify Lender promptly of any loss, or damage to, or confiscation of, the Property, including theft of the Home. When Lender requests, Borrower promptly will provide Lender with proof that (a) Borrower has the insurance required under the Loan Documents; (b) all taxes, both realty and personal assessed against the Property have been paid; (c) Lender's lien is the only lien against the Property; and (d) the Property is in good condition and repair. 6. MORTGAGE INSURANCE. Lender hereby waives the terms and conditions of Paragraph 8 of the Security Instrument. 7. SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; CO-SIGNERS. Paragraph 12 of the Security Instrument is amended to add a new second paragraph and a new third paragraph as follows: Each Borrower who signs this Security Instrument is independently responsible to pay any amounts which are due or become due under it and to keep the other promises made in it. Each Borrower has this responsibility even if: (1) someone else has also signed this Security Instrument; (2) Lender releases or does not try to collect amounts due from another who is also responsible to make payment under the Loan Documents; (3) Lender releases any security or does not try to take back any Property; (4) Lender gives up any other rights Lender may have; or (5) Lender extends new credit, renews the Note, or modifies any other Loan Document in any other way. Unless the law or the Loan Documents provide otherwise, Lender is not required to: (1) demand payment of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time, or manner; or (3) give notice that Lender intends to make, or is making, the Note immediately due. 8. ACCELERATION; REMEDIES. Paragraph 21 of the Security Instrument is amended to read as follows: "21."Acceleration; Remedies. If Borrower is in default under the Loan Documents or if Borrower is in default under any other instrument secured by the Property, Lender has all of the remedies provided by law and the Loan Documents. Before using a remedy, Lender will send Borrower any notice required by law, and wait for any cure period that the law may require for that remedy. Lender's remedies include the following: a) Entire Balance Due Immediately. Lender may require Borrower to immediately pay Lender all amounts due under the Loan Documents. b) Attorney's Fees and Other Costs. Borrower will pay Lender's costs for collecting amounts Borrower owes Lender or defending Lender's interest in the Property, including, without limitation, court costs, reasonable attorneys' fees (if Lender refers this Loan for collection to an attorney who is not Lender's salaried employee) and costs of title examination. c) Appointment of Receiver. Lender, in any action to foreclose the Security Instrument, shall be entitled to appointment of a receiver without any special notice to Borrower. Lender may have a receiver appointed as a matter of right no matter what balance Borrower owes to Lender, and regardless of the adequacy of the Property. d) Power of Sale. Lender may invoke the power of sale and/or any other remedies or take any other actions permitted by applicable law. e) Suit for Deficiency. Except when prohibited by law, Lender may sue Borrower for additional amounts if the sale proceeds do not pay all Borrower owes Lender. f) Cumulative Remedies. By choosing any one or more of these remedies, Lender does not waive Lender's right to later use one or more other remedies, except as limited by applicable law. To the extent permitted by law, exercise of any one or more remedies against one or more Borrowers will not prevent Lender from pursuing another remedy or remedies against any one or more Borrowers in the future. If Lender does not act on any default, Lender does not give up Lender's right to later treat that type of event as a default. Borrower DAVID W LEWIS Date Borrower KYMBERLY L LEWIS Date Borrower Date Borrower Date Borrower Date Borrower Date [Space Below This Line For Acknowledgment] STATE OF Oklahoma COUNTY OF Okmulgee )SS On before me, the undersigned, a Notary Public in and for said State, personally appeared 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 the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature: (Reserved for official seal) Name (typed or printed): Deborah M Haynes My commission expires: 2-7-2006 ASSIGNMENT OF MORTGAGE FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersigned, SAND CANYON CORPORATION F/K/A OPTION ONE MORTGAGE CORPORATION, WHOSE ADDRESS IS C/O PHH MORTGAGE CORPORATION, 5720 PREMIER PARK DRIVE, WEST PALM BEACH, FL 33407, (ASSIGNOR) by these presents does convey, grant, assign, transfer and set over the described Mortgage with all interest secured thereby, all liens, and any rights due or to become due thereon to U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-4, WHOSE ADDRESS IS C/O PHH MORTGAGE CORPORATION, 5720 PREMIER PARK DRIVE, WEST PALM BEACH, FL 33407, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE). Said Mortgage bearing the date 01/15/2004, made by DAVID W. LEWIS AND KIMBERLY L. LEWIS (current owner) to OPTION ONE MORTGAGE CORPORATION, and recorded in Book 1811 and Page 226, in the records of the County Clerk of OKMULGEE County, Oklahoma, to wit: TRACT 21, BLOCK 10 IN BEELINO, A SUBDIVISION, OKMULGEE COUNTY, STATE OF OKLAHOMA. IN WITNESS WHEREOF, SAND CANYON CORPORATION F/K/A OPTION ONE MORTGAGE CORPORATION has caused these presents to be signed by its VICE PRESIDENT on 01/13/2020 (MM/DD/YYYY). SAND CANYON CORPORATION F/K/A OPTION ONE MORTGAGE CORPORATION By: /s/ Jacoby Waters JACOBY WATERS VICE PRESIDENT STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me on 01/13/2020 (MM/DD/YYYY), by JACOBY WATERS as VICE PRESIDENT of SAND CANYON CORPORATION F/K/A OPTION ONE MORTGAGE CORPORATION, who, as such VICE PRESIDENT being authorized to do so, executed the foregoing instrument for the purposes therein contained. He/she/they is (are) personally known to me. Donna Lee Valenzano Notary Public - STATE OF FLORIDA Commission expires: 11/30/2021
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