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WAGONER COUNTY • CJ-2026-00115

CHELSEA ON WESTERN, LLC v. AMOS BUDDER; THE UNKNOWN SPOUSE, IF ANY, OF AMOS BUDDER; JENNIFER BUDDER; THE UNKNOWN SPOUSE, IF ANY, OF JENNIFER BUDDER; and THE UNKNOWN TENANTS OR OCCUPANTS, IF ANY, OF THE SUBJECT PROPERTY

Filed: Mar 16, 2026
Type: CJ

What's This Case About?

Let’s be real: nobody wakes up dreaming of a life defined by a contract for deed on a house in Wagoner, Oklahoma. But here we are. Because in a twist so bizarre it feels like a fever dream after one too many true crime podcasts, an LLC named Chelsea on Western—which sounds less like a real estate company and more like a boutique hotel in West Hollywood—is suing a couple named Amos and Jennifer Budder to foreclose on a house and collect $65,792.45 in unpaid rent-to-own payments. And not just that—this case is laced with legal jargon, marital ambiguity, mysterious unknown spouses, and a clause that lets the interest rate creep up if the Wall Street Journal’s prime index sneezes. Welcome to CrazyCivilCourt, where the stakes are high, the drama is petty, and the property is in Westland Acres III.

So who are these people? On one side, we’ve got Chelsea on Western, LLC—a mysterious Oklahoma-based limited liability company that, based on the filing, seems to specialize in selling houses through rent-to-own contracts. They’re represented by two attorneys from a firm in Oklahoma City, which already gives off “we handle distressed real estate and don’t take checks.” On the other side: Amos and Jennifer Budder. Yes, Budder. As in, “I’m not buddering with you.” We don’t know much about them—no criminal records cited, no dramatic backstory—but we do know they signed a contract in February 2020 to “rent-to-own” a modest property at 515 Park Street, Wagoner, Oklahoma. The house sits on Lot 8, Block 12, Westland Acres III, which sounds like a housing development named by someone who really loved The West Wing and Land Before Time. The Budders weren’t buying outright. They were on a 30-year path to ownership, with monthly payments, interest, escrow for taxes and insurance, and a whole lot of rules about not trashing the place or letting their cousin’s junker sit in the yard. It was, in theory, the American Dream: a chance to build equity without a traditional mortgage. In practice? It’s now a courtroom battle over $65,000 and a foreclosure.

Here’s how it all fell apart. On February 7, 2020—just before the world shut down—Amos and Jennifer Budder signed a 32-page contract (yes, 32 pages for a house deal in Wagoner) agreeing to pay $67,000 for the property over 30 years at 10.5% interest. Their monthly payment? $612.88, plus $84.97 in escrow for taxes and insurance, totaling $687.85 per month. That’s not cheap for Wagoner, but it’s not outrageous either—especially if you’re building toward ownership. The contract was clear: pay on time, keep the house up, don’t commit “waste” (which, legally, means trashing the property), and don’t try to sell it behind Chelsea on Western’s back. Oh, and if they bounced a check? $35 fee. Miss a payment by five days? 10% late fee. And if they defaulted? The whole balance could be called due immediately. No grace period. No “let’s talk about it.” Just boom—game over.

For about five years, things seemed… fine. Payments trickled in. The last one Chelsea on Western says they got was on October 6, 2025. Then—crickets. No more checks. No calls. No “Hey, we lost our jobs, can we work something out?” Nothing. So in March 2026, Chelsea on Western filed suit. They’re not just asking for the money—they’re pulling out the big guns. First, they want a personal judgment against Amos and Jennifer Budder for $65,063.26 in principal, plus $10,929.19 in interest and late fees, and more interest piling on at 10.5% per year until it’s paid. Second, they want to foreclose on the property, sell it, and use the proceeds to cover their losses. And because this is a contract for deed—basically a hybrid between a lease and a mortgage—they’re treating the contract like a mortgage and demanding the court wipe out any competing claims to the property. That’s why they’re suing not just the Budders, but also “The Unknown Spouse, if any, of Amos Budder,” “The Unknown Spouse, if any, of Jennifer Budder,” and “The Unknown Tenants or Occupants, if any.” It’s like a legal version of The Addams Family cast list. Are they married? Are they divorced? Is there a secret spouse hiding in the attic? The LLC doesn’t know, so they’re suing everyone just in case.

Now, why are they in court? Two main reasons, both spelled out in the filing. First: debt collection. The Budders allegedly stopped paying, and now Chelsea on Western wants every penny they’re owed—plus fees, interest, and attorney costs. Second: foreclosure. Since the contract acts like a mortgage, the LLC wants the court to officially wipe out the Budders’ interest in the property so they can sell it and recoup their money. It’s not eviction. It’s not a landlord-tenant dispute. It’s a full-on financial foreclosure, like a bank repossessing a house after a mortgage default. Except instead of a bank, it’s an LLC with a name that sounds like a skincare line. And instead of a mortgage, it’s a rent-to-own deal that went sideways.

What do they want? $65,792.45—plus more every day it goes unpaid. Is that a lot? For a house in Wagoner, maybe not. For a property that likely isn’t worth much more than $70K, it’s a massive chunk. But here’s the kicker: the Budders already paid something. They made payments for over five years—about 68 months, if they were on time. That’s roughly $46,773 in payments (at $687.85/month). And now they’re being told they still owe $65K? That math only works if most of those payments went to interest and fees, not principal. And guess what? It did. At 10.5% interest over 30 years, the early payments are mostly interest. So after five years, the Budders might have only paid down a few thousand in principal. Which means they’ve paid nearly $47K… and still owe more than they started with, thanks to late fees and accruing interest. That’s not just brutal—it’s predatory-adjacent. And yes, the contract lets the interest rate increase if the Wall Street Journal’s prime rate goes up. So if inflation spikes, their rate could climb. There’s even a clause letting the LLC appoint a receiver to take over the property, collect rent, and operate it like a landlord. This wasn’t just a rent-to-own deal. It was a financial trap with a side of legal overkill.

So what’s our take? The most absurd part isn’t the unknown spouses. It’s not even the name “Amos Budder,” though we’re legally obligated to make that joke at least once. It’s the sheer imbalance of power. Chelsea on Western, LLC holds all the cards. They can hike the interest, demand immediate payoff, foreclose, appoint a receiver, and sell the house—without appraisement, meaning they could lowball the sale and still come after the Budders for the difference. And the Budders? They’re on the hook for everything, even if they’ve paid tens of thousands and have nothing to show for it. This is what happens when rent-to-own contracts go wrong: families lose homes, credit, and dignity, while LLCs treat houses like vending machines. We’re not rooting for anyone to lose a home. But we are rooting for more transparency, more consumer protection, and fewer 32-page contracts that read like a legal horror novel. And honestly? We’re rooting for the unknown spouse. Whoever you are—show yourself. Bring popcorn. This case is about to get weird.

Case Overview

$65,792 Demand Petition
Jurisdiction
District Court of Wagoner County Oklahoma, Oklahoma
Relief Sought
$65,792 Monetary
Claims
# Cause of Action Description
1 Debt Collection Contract for Deed for property located at 515 Park St., Wagoner OK 74467
2 Foreclosure Contract for Deed for property located at 515 Park St., Wagoner OK 74467

Petition Text

5,374 words
IN THE DISTRICT COURT OF WAGONER COUNTY STATE OF OKLAHOMA CHELSEA ON WESTERN, LLC, ) ) ) Plaintiff, ) ) vs. Case No. CJ-2026-115 AMOS BUDDER; THE UNKNOWN ) SPOUSE, IF ANY, OF AMOS BUDDER; ) JENNIFER BUDDER; THE UNKNOWN ) SPOUSE, IF ANY, OF JENNIFER ) BUDDER; and THE UNKNOWN ) TENANTS OR OCCUPANTS, IF ANY, ) OF THE SUBJECT PROPERTY, ) Defendants. Wagoner County Oklahoma Filed Mar 16 2026 James E. High Court Clerk At 3:20 o'clock PM PETITION COMES NOW the Plaintiff, Chelsea on Western, LLC, (hereafter "Plaintiff") and for its Petition against the Defendants herein, alleges and states: JURISDICTION 1. The Plaintiff is a limited liability company, duly licensed to conduct business in the State of Oklahoma. 2. The real property which is the subject matter of this action is located in Wagoner County, Oklahoma. That jurisdiction and venue are properly vested with this Court. 3. Upon information and belief, Plaintiff is unable to determine the military status of the Defendant; however, Plaintiff alleges that the Defendants Amos Budder and Jennifer Budder are not in the military service, and that the provisions of the Servicemembers Civil Relief Act of 2003, 50 U.S.C. § 3901 et seq., as amended, are not applicable to this action. 4. The Defendants AMOS BUDDER and JENNIFER BUDDER, are hereby advised, in accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C.A., §1692g, that unless a person or entity responsible for the payment of the above debt, within thirty (30) days after receipt of this notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid; and if said person or entity notifies the undersigned attorney for Plaintiff in writing within said thirty (30) day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debt and a copy of such verification will be mailed to said person or entity by the undersigned attorney for Plaintiff; and upon written request by you within the thirty (30) day period, the undersigned attorney for Plaintiff will provide the name and address of the original creditor, if different from the current creditor. SAID DEFENDANTS ARE FURTHER ADVISED THAT PLAINTIFF AND PLAINTIFF'S COUNSEL ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FIRST CAUSE OF ACTION (as against Defendants Amos Budder and Jennifer Budder, only) COMES NOW, Plaintiff, Chelsea on Western, LLC, and for its First Cause of Action against Defendants, Amos Budder and Jennifer Budder ("Defendants Budder"), alleges and states as follows: 5. To the extent relevant, Plaintiff realleges and incorporates by reference the statements and allegations contained above, the same as if set forth fully herein. 6. That on or about February 7, 2020, Defendants Budder, for good and valuable consideration, made, executed, and delivered to Plaintiff a certain Contract For Deed ("Contract"), whereby Defendants Budder promised to pay to the holder thereof the sum of $67,000, with interest thereon at the contract rate from April 1, 2020, until paid in full. Ownership of the Contract is held by Chelsea on Western, LLC. A true and correct copy of the Contract for Deed, is attached to this Petition as Exhibit "A" and incorporated by reference herein pursuant to 12 O.S. §305.1. 7. The Contract described above provides that, at the option of the holder thereof, the unpaid balance of said Contract, together with all interest due, shall become immediately due and payable upon default in the performance of the terms and conditions of said Contract, and that the holder of said Contract shall be entitled to recover the unpaid amount of principal of said Contract and the unpaid finance charges thereon and necessary expenses and costs of collection, including, but not limited to, court costs and attorney fees. 8. That default has been made upon the Contract described above in that Defendants Budder have failed to pay or otherwise remit certain installment payments as they have become due and owing despite demand duly made. The last payment received by Plaintiff from Defendants on the Contract was received on or about October 6th, 2025. Plaintiff, who is the owner and holder of said Contract, has elected to declare and does declare the entire principal amount, together with interest thereon, to be now due and payable. 9. That as of March 5, 2026, there was and is due and owing to Plaintiff on said Contract the principal balance of $65,063.26, with interest and late fees in the amount of $10,929.19, plus interest accruing on the unpaid balance at the contract rate of 10.50% per annum from March 5th, 2026, until paid in full, plus abstracting expenses, late fees accrued and accruing, and all necessary costs and expenses, and a reasonable attorney's fee as provided in said Contract. WHEREFORE, for its First Cause of Action, Plaintiff prays that it have judgment all as set forth hereafter in its combined prayer. SECOND CAUSE OF ACTION (as against all Defendants) COMES NOW Plaintiff, and for its Second Cause of Action against all Defendants herein, alleges and states as follows: 10. To the extent relevant, Plaintiff realleges and incorporates by reference the statements and allegations contained above, the same as if set forth fully herein. 11. The Contract referred to above operates as a Mortgage to secure the payment of the said Contract, and any renewals and the indebtedness represented thereby. Defendants Budder made, executed and delivered said Contract covering the following described real property, to-wit: Lot Eight (8) Block Twelve (12), WESTLAND ACRES III, a resubdivision of blocks 12, 13, and 14 of Westland Acres Subdivision, a Subdivision of part of N/2 of SW/4 and part of SE/4 of SW/4 of Section 9, Township 17 North, Range 18 East of the Indian Base and Meridian, Wagoner County, State of Oklahoma with all the improvements thereon and the appurtenances thereunto appertaining or belonging. That said Contract was duly executed and acknowledged according to law, the mortgage tax duly paid thereon, and was on the 7th day of February, 2026, filed in the office of the County Clerk of Wagoner County, Oklahoma, and therein recorded in Book Number 3162, at Page 878 et seq. Said Contract for Deed is incorporated by reference herein pursuant to 12 O.S. §305.1. 12. That Plaintiff is the owner and holder of the original Contract as set forth above, and has standing to bring this action. 13. The Contract referred to above provides that, in case of foreclosure of same, and as often as any proceedings shall be instituted to foreclose same, Defendants Budder will pay all necessary costs, expenses and a reasonable attorney's fee, and that the same shall be a further charge and lien upon the said premises. 14. The Contract referred to above provides that appraisement of the premises is expressly waived or not, at the option of the holder, and that Plaintiff, as holder, will elect to sell the property either with or without appraisement at the time judgment is rendered herein. 15. The Contract further provides that, should it be necessary to make any advancements to preserve the collateral of Plaintiff, said advancements shall be a further charge and lien upon said premises, with interest thereon at the Contract rate from date of advancement until paid. 16. The Contract referred to above provides that upon default in the performance of the terms and conditions of said Contract, that the holder thereof shall be entitled to foreclose said Contract and recover the unpaid amount of principal of the Contract secured thereby, the unpaid finance charge thereon and all expenditures of the holder made thereunder, with interest thereon, and to have said premises sold and the proceeds applied to the payment of the indebtedness secured thereby, together with all necessary legal expenses and costs. 17. The Contract described above further provides that it secures the payment of all indebtedness of maker to holder, then existing or thereafter created, and any renewals and extensions thereof. 18. That the following Defendants may be claiming some right, title, interest, estate, equity or right of redemption in and to the real property hereinbefore described, the nature of which is to Plaintiff unknown except as hereinafter stated: a. Defendant AMOS BUDDER, may claim some right, title, interest, estate, equity or right of redemption in and to the subject property, or right of occupancy, as the record equitable title owner of the property and as the maker on the subject Contract for Deed; and, b. Defendant The Unknown Spouse, if any, of AMOS BUDDER, may claim some right, title, interest, estate, equity or right of redemption in and to the subject property, by virtue of marital status or otherwise, and, c. Defendant JENNIFER BUDDER, may claim some right, title, interest, estate, equity or right of redemption in and to the subject property, or right of occupancy, as the record equitable title owner of the property and as the maker on the subject Contract for Deed; and d. Defendant The Unknown Spouse, if any, of JENNIFER BUDDER, may claim some right, title, interest, estate, equity or right of redemption in and to the subject property, by virtue of marital status or otherwise, and; c. Defendants The Unknown Occupants or Tenants, if any, of the subject property, are named as defendants herein by virtue of any occupancy or right of occupancy which they may have or claim in and to the subject premises, whether as lessees/tenants or otherwise. Plaintiff further alleges that all claims of right, title, interest, estate, equity, right of redemption, liens, mortgages or otherwise of all Defendants herein are junior and inferior to Plaintiff's lien, and that Plaintiff is entitled to an Order of this Court foreclosing its lien against the above-described property. WHEREFORE, for its Second Cause of Action, Plaintiff prays that it have judgment, all as set forth hereafter in its combined prayer. COMBINED PRAYER For its combined prayer, Plaintiff prays that it be awarded judgment and relief as follows: A. That Plaintiff have judgment in personam against Defendants AMOS BUDDER AND JENNIFER BUDDER, March 5, 2026, there was and is due and owing to Plaintiff on said Contract the principal balance of $65,063.26, with interest and late fees in the amount of $10,929.19, plus interest accruing on the unpaid balance at the contract rate of 10.50% per annum from March 5th, 2026, until paid in full, plus abstracting expenses, late fees accrued and accruing, and all necessary costs and expenses, and a reasonable attorney's fee, all as set forth in Plaintiff's First Cause of Action; and B. That Plaintiff have judgment in rem as against all Defendants herein, quieting Plaintiff's right, title and interest in and to the property and establishing Plaintiff as the owner and holder of the subject Contract for Deed, superior to any right in said property of all Defendants herein; that each Defendant be required to establish his, her or its interest in said property; that the subject property be foreclosed with or without appraisement, as Plaintiff may elect at the time judgment is rendered; that the property be sold by the Sheriff, and the proceeds from said sale be first applied to the costs accrued and accruing herein, with the balance of the sale proceeds being applied to Plaintiff's claim in the amounts set forth above, all as set forth in Plaintiff's Second Cause of Action; C. That Plaintiff be awarded all of its costs, accrued and accruing, abstract expenses, costs of protecting the subject property and reasonable attorney fees as provided in the subject Contract for Deed, and that such costs and attorney fees be adjudged to be a part and parcel of Plaintiff's judgment as prayed for above, thereby determining such costs and attorney fees to be a superior lien and judgment as to the claims of any of the Defendants herein; D. That Plaintiff be awarded any and all other relief this Honorable Court deems just and proper. Respectfully submitted, [Signature] Gary L. Giessmann, OBA #11318 William B. McAntire, OBA #36201 NASH, COHENOUR & GIESSMANN, P.C. 4101 Perimeter Center Dr., Suite 200 Oklahoma City, OK 73112 (405) 917-5000 (Telephone) (405) 917-5005 (Facsimile) Email: [email protected] [email protected] Attorneys for Plaintiff, CHELSEA ON WESTERN, LLC VERIFICATION STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) I, William B. McAntire, of lawful age, being first duly sworn upon oath, states: that I am the attorney for Plaintiff in the above-entitled action; that I have read the above and foregoing Petition, and know that the statements therein contained are true and correct to the best of my knowledge and belief. William B. McAntire Subscribed and sworn to before me this 12th day of March, 2026. Heather Brown Notary Public RETURN TO: Millennial Capital Group, LLC 11217 N. May Ave. Oklahoma City, OK 73120 CONTRACT FOR DEED This Contract for Deed dated February 7 2020 between Chelsea on Western, LLC, an Oklahoma limited liability company, whose mailing address is 11217 N. May Ave., Oklahoma City, OK 73120 ("Lessor"), and Amos Budder and Jennifer Budder whose mailing address is 515 Park St., Wagoner Oklahoma 74467 ("Lessee"). (1) Property Lessor hereby rent to own to Lessee and agrees to convey to Lessee on the terms hereinafter set forth, and Lessee hereby rents from Lessor land and improvements located at 515 Park St., Wagoner Oklahoma 74467 (the "Property") in Wagoner County, legally described as Westland Acres Lot III LOT 8 (eight) Block 12 (twelve) a resubdivision of blocks 12, 13, and 14 of Westland Acres Subdivision, a Subdivision of part of N/2 of SW/4 and part of SE/4 of SW/4 of Section 9, Township 17 North Range 18 East of the Indian Base Meridian, Wagoner County, State of Oklahoma (2) Contract for Deed Amount The cash price payable to Lessor for the Property is $67,000.00 (3) Accrual of Interest; Payments. Interest shall accrue on the unpaid rent-to-own price due under this Contract at the rate of 10.50% per annum and shall be amortized over a term of 30 years (360 months) from the date hereof ("Maturity"). Lessee shall make three hundred sixty (360) consecutive monthly payments, each in the amount of $612.88 with the first such payment being due on the 1st day of April 2020, and each successive installment being due on the first (1st) day of each month thereafter until Maturity. Lessor reserves the right to increase the interest rate and payment amount annually on the anniversary of the contract in an amount equal to any increase in Wall Street Journal Prime Index Rate (currently 5.5%) above the prior year index rate. The last such installment and all principal and accrued interest shall be due and payable, in full, on the 1st day of April 2050. All payments hereunder will be applied first to the interest accrued thereon and the remainder to the balance of the unpaid purchase price. All monthly payments due hereunder shall be payable without demand on or before the 1st day of the month at the office of Lessor, received by Lessor at its mailbox, or be paid via automatic withdrawal. If any payment then due is not paid by 5:00 p.m. on the 5th day of the month, then Lessee agrees to pay a late charge of 10% of the payment due. Lessee agrees to pay a $35.00 fee for all returned checks, plus accrued late charges from the late charge date, until all charges are paid in full. Upon receipt of a returned check, Lessor may require that all future payments be paid by cashier’s check or money order. (4) Prepayment. It is expressly understood and agreed that at any time and from time to time, Lessee shall be entitled to prepay any amounts of the unpaid purchase price, either in whole or in part and without premium or penalty of any kind. Any partial prepayments shall be applied to the unpaid purchase price in the inverse order of installment payments due thereunder. (5) Lessee’s Covenants. Lessee hereby covenants and agrees as follows: 5.1 Maintaining. Lessee shall keep the Property in good order and in as good condition as when received, normal wear and tear of the Property is expected. Without the prior written consent of Lessor, Lessee shall not alter the structural character of the improvements comprising part of the Property and will not commit or suffer any demolition, removal or material alteration of any improvements thereon (including fixtures). Lessee shall not allow any trash, furniture, vehicles or equipment to remain on the Property in violation of any city or county ordinance. In the event of any violation of any city or county ordinance, Lessee shall be responsible for correcting such violation and shall pay all fines and penalties imposed by such government authorities. 5.2 Lessee’s Performance. Lessee shall well and truly pay unto Lessor the unpaid purchase price herein, together with all interest thereon, and shall conform, comply with and abide by each and every stipulation, agreement, condition and covenant herein contained. 5.3 Payment of Taxes and Insurance. Commencing on the date hereof, Lessee shall pay to Lessor monthly on each date upon which a monthly installment on the unpaid rent to own price is payable, such amount as will be necessary to accumulate a fund sufficient to discharge ad valorem real property taxes on the property ($45.25/month or $543.00/year) and property insurance (currently $ 39.72/month or $ 477.00/year) escrowed each month with the monthly payment. THE MONTHLY PAYMENT INCLUDING ESCROW OF TAXES AND INSURANCE IS $687.85 Lessor will provide an annual statement showing the current year’s real property taxes and property insurance to Lessee and monthly payment amount will be increased or decreased accordingly. In the event of any default by Lessee hereunder any part of such fund may be applied to any part of the unpaid tax obligation of Lessor or the purchase price, at Lessor’s option. 5.4 Conveyance by Lessee. Without Lessor’s prior written consent, Lessee shall not obtain any additional financing secured by an encumbrance on the Property nor shall Lessee sell, transfer or assign the Property or Lessee’s rights and interest as a contract vendee under this Contract. 5.5 Repairs. Lessee shall make all necessary alterations or repairs at Lessee’s own expense. 5.6 Compliance with Insurance. Lessee shall not do, suffer or permit anything to be done in or about the property which will contravene the policies of insurance against loss by fire. 5.7 Compliance with Laws and Restrictions. Lessee shall comply with all laws and regulations restrictive covenants and easements governing the occupancy and use of the Property. 5.8 Liens. Lessee promptly shall pay all sums, the failure to do which may result in the attachment of a mechanic’s, material man’s or other lien against the Property before such prior lien may attach. (6) Mortgages and Subordination. Lessor shall have the right, at all times, to mortgage the Property, and Lessee expressly hereby agrees to, and does, subordinate all rights and remedies hereunder to: (i) the lien of any extant mortgage against the Property; (ii) any modification, renewal, amendment or future advance pursuant to any such extant mortgage; and (iii) any new mortgage against the Property, provided that no such mortgage shall be in an amount greater than the principal balance due under this Contract, nor may any mortgage require payments in excess of the periodic payments required under this Contract nor have a maturity date which extends beyond the date of Lessee’s last scheduled installment on the unpaid purchase price hereunder. A release of any such mortgage shall be filed prior to or concurrently with the deed to Lessee. (7) Conveyance to Lessee. Upon payment as above provided of the unpaid purchase money, a general warranty deed for the Property shall be executed within 30 days at the Lessee’s expense by the Lessor, which shall convey the Property to Lessee. Title to the Property shall be good and merchantable, free of liens and encumbrances except for the Permitted Title Exceptions and such other matters affecting title as do not materially adversely affect the fair market value of the Property. All taxes, general or special and all other public or governmental charges or assessments against the Property which are or may be payable on an annual basis (including assessments, liens or encumbrances for sewer, water, drainage or other public improvements, completed or commenced on or prior to the date hereof, or subsequent thereto), are to be adjusted and apportioned as of the date of possession and are to be assumed and paid thereafter by Lessee, whether assessments have been levied or not as of the date of possession. (8) Risk of Loss; Insurance The Property is to be held at the risk of Lessor until legal title has passed or possession has been given, whichever first occurs. Lessor shall continue the insurance in force during the life of this Contract at the sole expense of Lessee. Lessee shall have the right, but not the obligation, to purchase (at Lessee’s sole expense) such other personal property, real property casualty or other insurance as Lessee deems necessary and appropriate solely for the protection of Lessee. (9) Events of Default. The occurrence of any one or more of the following shall, at the option of Lessor, be considered an event of default hereof: (a) The failure of Lessee to pay any installment of interest as such installments severally become due, or pay any required payment of taxes or insurance in full as such becomes due, or to pay the unpaid Purchase Price when due or any part thereof, as such amounts become due in accordance with the terms of this Contract or when accelerated pursuant to any provision herein; (b) The failure of Lessee punctually and properly to perform any term, covenant, agreement or condition contained in this Contract; (c) If waste is committed on or the improvements be removed from the Property without the prior written consent of Lessor; (d) Condemnation of a significant portion of the Property so as to materially affect Lessee's ability to perform the covenants, obligations and agreements herein; (e) If Lessee (i) Executes an assignment for the benefit of Lessee's creditors; or (ii) Becomes or is adjudicated as bankrupt or insolvent; or (iii) Admits in writing an inability to pay Lessee's debts generally as they become due; or (iv) Applies for or consents to the appointment of a receiver, trustee or liquidator of a substantial part of Lessee's assets; or (v) Files a voluntary petition in bankruptcy (f) Should the Premises be seized under writ or process of court or by any trustee acting under any mortgage or other lien; Any provision herein to the contrary notwithstanding, in the event of any non-monetary default and Lessor shall elect to declare a default hereunder ant to accelerate the maturity of Lessee's monetary obligations hereunder, Lessor agrees simultaneously to serve written notice of such default to Lessee and further agrees that Lessee will be accorded the opportunity to cure or cause to be cured any such non-monetary default within thirty (30) days after Lessor's written declaration thereof; and if such default is cured to the reasonable satisfaction of Lessor, Lessee will be restored to Lessee's respective former position, rights and obligations as if no such default had occurred. (10) Power of Sale Mortgage, FED and Judicial Foreclosure Options. (a) Power of Sale Foreclosure. If and to the extent that this Contract may be construed as a mortgage, Lessee specifically grants to and confirms upon Lessor the power to sell the Property in the manner provided in the Oklahoma Power of Sale Mortgage Foreclosure Act, 46 O.S. §40, et seq., as the same may be amended from time to time. However, notwithstanding anything herein seemingly to the contrary, nothing herein shall be construed to require Lessor to obtain any Court Order or opinion adjudicating this Contract as a mortgage and Lessor shall, in its sole discretion, have the full power and authority to proceed with a power of sale foreclosure at any time in which Lessee has defaulted under any event of default defined herein, subject to any express cure rights which may exist in favor of Lessee and for such purposes Lessee authorizes Lessor or Lessor's attorney or agent, and grants to Lessor and Lessor's attorney or agent the power to sell and convey the Property to a purchaser and to foreclose all right, title, interest and estate of Lessee and all other persons having an interest subject to the lien of this mortgage (if it be so construed) in and to the Property. (b) Forcible Entry and Detainer and/or Judicial Foreclosure. In the event of Lessee's default hereunder, Lessor shall also have the right, power and authority, in its sole discretion, to evict Lessee through a summary eviction (i.e., a forcible entry and detainer/ejectment action) proceeding or to foreclose any equitable or other beneficial interest of Lessee in the Property through a suit to foreclose the lien of this instrument (if it is construed as a mortgage) in any Court having jurisdiction. In any such suit, Lessor may, at Lessor's option, apply for and shall be entitled, as a matter of right, to the appointment of a receiver to take possession and control of, operate, maintain and preserve the Property and other sums then due Lessor hereunder until the same and all costs are fully paid. Said receiver may be authorized to sell or dispose the Property under orders of the Court appointing the receiver as such. Lessee hereby waives all notice of the filing and hearing of any such application for the appointment of a receiver and irrevocably consents to every appointment made pursuant thereto. Lessee further agrees that in the event of any foreclosure sale, the Property or any part thereof may be sold with or without appraisement as Lessor may elect, and such election may be exercised at any time prior to the entry of the decree of foreclosure. Should Lessor elect to have the Property sold without appraisement, then Lessee hereby expressly waives appraisement. The proceeds from such sale, after paying therefrom the costs advanced or incurred by Lessor in any foreclosure suit, including the costs of sale and any costs and expenses incurred in the operation of the Property by a receiver appointed upon the application of Lessor, shall be applied FIRST to the payment of all costs and expenses incurred by Lessor in Lessor's operation of the Property if the same be so operated, and any and all sums advanced by Lessor for the purpose of protecting the security, with interest at the legal rate; SECOND, to the payment of all indebtedness and other sums then secured hereby, including Interest and attorney's fees, in such order of application as Lessor may elect; and THIRD, any remaining balance to Lessee. (c) Remedies Cumulative. All remedies herein expressly provided for are cumulative of any and all other remedies existing at law or in equity, and Lessor shall, in addition to the remedies herein provided, be entitled to avail itself of all such other remedies as may now or hereafter exist at law or in equity for the collection of the indebtedness and enforcement of the covenants herein, and the foreclosure of the liens evidenced hereby and the resort to any remedy provided for hereunder or provided for by law shall not prevent the concurrent or subsequent employment of any other appropriate remedy or remedies. (11) Remedies. Upon default, Lessor, at Lessor's option and after compliance with the notice provisions of Paragraph 9 above, may do one or more of the following: (a) If Lessee has failed to keep or perform any covenant whatsoever contained in this Rent-to-Own Contract, Lessor may, with no obligation so to do, perform or attempt to perform such covenant, and any payment made or expense incurred thereby shall be a part of the unpaid Purchase Price and shall bear interest at the default rate provided herein. No such payment by Lessor shall constitute a waiver of any such default. (b) Lessor may, without notice (except as otherwise provided herein), demand or presentment, which are hereby waived by Lessee, declare the entire unpaid balance of the Rent-to-Own price immediately due and payable, and Lessor may proceed to take any of the following actions as allowed by applicable law: (i) retake possession of the Property and evict Lessee; (ii) retake possession of the Property by Petition for Forcible Entry and Detainer; or (iii) foreclose this Rent-to-Own Contract, and in the event of foreclosure, the Court shall direct the sale of the Property without appraisement, as Lessor may elect at the time judgment is rendered, in any such event, Lessee shall forfeit to Lessor any down payment and other prepayments made hereunder. (c) Lessor, as a matter of right and without regard to the sufficiency of the security and without any showing of insolvency, fraud or mismanagement on the part of the Lessee, and without the necessity of filing any judicial or other proceeding for appointment of a receiver, shall be entitled to the appointment of a receiver of the Property or any part thereof, and of the income, rents, issues and profits thereof. (12) Covenants Run With Land. The covenants, conditions and agreements contained in this Rent-to-Own Contract shall be deemed as running with the land and shall bind, and the benefits thereof shall inure to, the respective parties hereto and their respective successors, assigns, executors, administrators, trustees, personal representatives, or heirs. (13) No Waiver of Lessor’s Rights. Any failure by Lessor to insist upon the strict performance by Lessee of any of the terms and provisions hereof shall not be deemed to be a waiver of any of the terms and provisions hereof, and Lessor, notwithstanding any such failure, shall have the right hereafter to insist upon the strict performance by Lessee of any and all of the terms and provisions of this Rent-to-Own Contract to be performed by Lessee. (14) Other Agreements between Lessee and Lessor. Any agreement hereafter made by Lessee and Lessor pursuant to this Rent-to-Own Contract shall be superior to the rights of the holder of any intervening lien or encumbrance. (15) Notices. Whenever this Rent-to-Own Contract permits or requires any consent approval, notice, request or demand from one party to another, the consent, approval, notice, request or demand shall be in writing and shall be deemed to have been given on the third (3rd) business day after it is enclosed in an envelope, properly stamped, sealed and deposited in the United States mail, Certified Mail, Return Receipt Requested, addressed to the party to be notified at the following address (or at such other address as may be subsequently designated in writing): Lessee: Amos Budder and Jennifer Budder 515 Park St Wagoner OK 74467 Lessor: CHELSEA ON WESTERN, LLC 11217 N. May Avenue Oklahoma City, OK 73120 (16) Amendment. This Contract for Deed cannot be modified, amended or changed except by an agreement in writing, and signed by both parties hereto. (17) References. It is agreed between Lessee and Lessor that Lessor shall have the right at any time to provide a reference to any third party of the payment record of Lessee hereunder and Lessee's compliance with the terms of this agreement. LESSEE: Amos Budder and Jennifer Budder 505 Park St., Wagoner OK 74467 INDIVIDUAL ACKNOWLEDGMENT STATE OF OKLAHOMA COUNTY OF Wagoner Before me, the undersigned authority, on this day personally appeared Amos Budder and Jennifer Budder known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal of office this 7 day of February 2020 Leslie Shay Childers NOTARY PUBLIC - STATE OF OKLAHOMA MY COMMISSION EXPIRES June 6, 2023 COMMISSION #19005699 Notary Public My commission expires 6-6-23 LESSEE'S ACKNOWLEDGEMENT Lessee, Amos Budder and Jennifer Budder acknowledges that: (i) they have fully read the above Contract for Deed; (ii) have reviewed same with Lessor and understand the right and obligation created by this document; (iii) have had full opportunity to discuss same with Lessor and legal counsel of Lessee's choosing. X /s/ Amos Budder X /s/ Jennifer Budder Lessee Signature/ 2-7-20 Date LESSOR: CHELSEA ON WESTERN, LLC, an Oklahoma limited liability company By: Brent Irish, Manager ACKNOWLEDGMENT STATE OF OKLAHOMA COUNTY OF OKLAHOMA Before me, the undersigned authority, on this day personally appeared Brent Irish, known to me to be the person whose name is subscribed to the foregoing instrument as Manager of CHELSEA ON WESTERN, LLC, and acknowledged to me that he is authorized to execute on behalf of the company, and that he executed the same for the purposes and consideration therein expressed in the capacity herein state and as the act and deed of the company. Given under my hand and seal of office this 7 day of February 2020 VERONICA MCCAIN #19006113 EXP. 08/18/23 NOTARY PUBLIC STATE OF OKLAHOMA Notary Public My commission expires_6-18-23
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