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FILED IN DISTRICT COURT
OKLAHOMA COUNTY
ANNA RN waR 1.6 201
|
Ossrae7ese IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA RICK WARREN
COURT CLERK
1
00.
DON SESSIONS, an Individual,
Plaintiff,
vs. Case No. CJ-2017-1305
JEREMY OWENS a/kla JEREMY DEWAYNE
OWENS; SHAWNA MARIE MACYGIN
OWENS, spouse of JEREMY OWENS;
JEREMY OWENS ENTERPRISES L.L.C., an
Oklahoma limited liability company;
DEACONESS HEALTH SYSTEM, L.L.C.
d/b/a DEACONESS HOSPITAL;
TENANT(S) OF 108 SW 44; TENANT(S)
OF 110 SW 44; TENANT(S) OF 112 SW 44;
TENANT(S) OF 114 SW 44; TENANT(S) OF
116 SW 44; BOARD OF COUNTY
COMMISSIONERS OF OKLAHOMA COUNTY;
and TREASURER OF OKLAHOMA COUNTY,
ee
Defendants.
PLAINTIFF'S EMERGENCY MOTION FOR
AUTOMATIC TEMPORARY INJUNCTION
Plaintiff Don Sessions, pursuant to OKLA. STAT., tit. 12, § 1382, for his Emergency Motion
for Automatic Temporary Injunction, respectfully shows the Court as follows:
1. AT OKLA, STAT., tit. 12, § 1382, Oklahoma’s statute authorizing injunctive relief
provides as follows:
When it appears, by the petition, that the plaintiff is entitled to the relief demanded,
and such relief, or any part thereof, consists in restraining the commission or
continuance of some act, the commission or continuance of which, during the
litigation, would produce injury to the plaintiff; or when, during the litigation, it
appears that the defendant...is procuring...some act in violation of the plaintiff's rights
respecting the subject of the action, and tending to render the judgment ineffectual,
a temporary injunction may be granted to restrain such act.2. Plaintiff would show the Court that on July 14, 2010, the original maker, Defendant
Jeremy Owens a/k/a Jeremy Dewayne Owens, for good and valuable consideration, made, executed
and delivered to Plaintiff a certain Contract for Deed (hereafter “Agreement”). See Exhibit “A”.
3. The Agreement pertains to the following described real property (“Property”) located
at 108, 110, 112, 114 and 116 SW 44, Oklahoma City, Oklahoma 73109 in Oklahoma County: Lots
Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), and Ten (10), Block One (1),
in Melrose Park Addition to Oklahoma City, Oklahoma County, Oklahoma, according to the
recorded plat thereof.
4, The Agreement is a Contract for Deed and is considered a Constructive Mortgage
pursuant to OKLA. STAT., tit. 16, §11A.
5. The Agreement was filed of record with the County Clerk of Oklahoma County, in
Book 11685 at Page 1318 on July 27,2011 and the mortgage tax duly paid thereon.
6. Per the Agreement, Defendant Jeremy Owens agreed to pay the principal sum of Two
Hundred Thousand and 00/100 Dollars ($200,000.00) with interest thereon at the rate of ten percent
(10) per annum on the unpaid balance until paid.
7. The Agreement further provides that monthly payments of $1,930.04 will be due no
later than the first day of each month.
8. The Agreement provides that the failure to make any payments at the time due, or pay
taxes and insurance, the Defendant, Jeremy Owens, will forfeit the Property and return the Property
to Plaintiff s possession, to include any and all improvements to the building and land.
9. Plaintiff seeks the instant injunctive relief as Defendant has failed or refused to make
any payments since November, 2016, but continues to derive income from the subject properties.10. Further, Defendant has failed to pay taxes due to the Oklahoma County Treasurer
since 2012.
il. There is currently due and owing to Plaintiff by Defendant the sum of $197,926.00
with interest thereon.
12. Plaintiffhas made demand for payment upon Defendant, but Defendant has failed or
refused to make further payments or to vacate the Property, while Defendant continues to derive
income from the subject properties.'
13. Plaintiff therefore seeks the instant injunctive relief, seeking an Order compelling
Defendant to pay into the Court all monies received by Defendant as a result of his continued
wrongful possession of the subject properties until such time as the Court may make a final
determination on the disposition of the subject properties.
WHEREFORE, premises considered, Plaintiff respectfully requests that the Court issue an
automatic temporary injunction as more fully set forth herein, and for all such further relief the Court
deems appropriate under the circumstances.
‘ Unless the person or entity responsible for the payment of the above debt, within thirty
days after receipt of this notice, disputes the validity of the debt, or any portion thereof, the debt
will be assumed to be valid; and if said person or entity notifies the undersigned attorney for
Plaintiff in writing within said thirty day period that the debt, or any portion thereof, is disputed,
said attorney will obtain verification of the debt and a copy of such verification will be mailed to
said person or entity by the undersigned attorney for Plaintiff; and upon a written request by
Defendant within the thirty day period, the undersigned attorney for Plaintiff will provide the
name and address of the original creditor, if different from the current creditor. THIS IS AN
ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.Respectfully Submitted,
Raphae] T. Glapion, OBA#19466
701 N.W. 13" Street
Oklahoma City, OK 73103-2206
Office: 405/521-8900
Fax: 405/604-9054
Attorney for Plaintiff
CERTIFICATE OF SERVICE
Thereby certify that on this 16" day of March, 2018, I sent the foregoing document by United
States mail, postage paid, to the following:
David Dunlap
Dunlap Law Firm
217N. Harvey, Suite 101
Oklahoma City, OK 73102
Gretchen Crawford
Assistant District Attorney
320 Robert S. Kerr, Suite 505
Oklahoma Gity, OK 73,102~ . 20t 19727010318340
esconen ores oD eo
PAID on JULY 27th 2011 RCPT# M0 State of Okiahone
FORREST "BUTCH" FREEMAN c
se esi CONTRACT FOR DEED ites‘ Sutras
BY Paula Wels DEPUTY
18) aca verweca
and entered into this f Y yet
it and
bone eee TIO EPA ey Nl.
7 3/°9F
WITNESSETH: THAT THE PARTY OF THE first part is the owner of
the following real property, situate in Oidahema Consty, Oklahoma, to-wit:
LESS AND EXCEPT ALL OIL, GAS, COAL, AND OTHER MINERALS.
WHEREAS, party of the second part desires to purchase said property for
the sum of $200, 002 to be paid as follows: S. paid sand
the balance of{00, 0.00 to be carried by seller and fo bear interest at
%. Said principal and interest to be paid at the rate of $1430, 04 per month
Shacicacing om the f day of 20) Zand the same amount on the same day
of each month thereafter until paid'in fall. Party of the second part to have right to
prepay the unpaid principal balance or any part thereof at any time without penalty.
Buyer has inspected property, and is baying property in its "AS IS CONDITION."
The buyer agrees to pay a late charge in the amount of $25.00 om any installment
delinguent ten (10) days or more.
IT IS FURTHER AGREED THAT UPON payment in fall of all assounts
due, the party of the first part will detiver to party of the second part a good and
sufficient Warranty Deed, conveying said premises free and clear of ail taxes, liens,
or encumbrances except those that may have accrued or may have been incurred by
party of the second part since the date of this agreement and except any casements
or right-of-way grants presently of record. Sellers shail farnish party of the second
part with an abstract of title certified up to date of this sale, for their inspection
wpon payment in fall. In the event title requirements are made in writing within 15
days thereafter, sellers shall make title marketable within a reasonabie time.
- TY 1S FURTHER AGREED AND UNDERSTOOD THAT party of the
second part shall have posession of said premises on signing. That parties of the
second part agree to pay all taxes and assesements that may become due on said
property from and after this date and further agree to maintain hazard insurance
for 80% replacement cost of any dwellings or improvements on said real estate and
to show party of the first part as a lien holder on said policy of insarance and te
furnish a copy of said policy or policies and proof of insurance to party of first part.
That if said party of the second part fails to pay any of the taxes or assessments or
ae Vinsurance on said property, party of the first part is authorized to pay the same or
obtain the insurance aud deduct the amount expended from the monthly payments
before applying any monthly payment on the principal.
IY IS FURTHER AGREED THAT ANY FAILURE ON THE PART OF
PARTY of the second part to faithfully keep and perform cach and all of the
” conditions, covenants and agreements, or to make any of the payments at the time
and in the manner above specified or to pay the taxes or insurance shalj render this
contract void or may declare all ainounts immediately due and payable and subject
to foreclosure as a mortgage at the options of party of the first part. In the event
seller chooses to treat this agreement as a mortgage then it is agreed that parties of
the first party are hereby granted a power of sale as set forth in the Okdahoma
Power of Sale Mortgage Foreclosure Act and may take possession of said property
and sell it without the necessity of judicial proceedings all as set forth in-said act.
NOTICE IS HEREBY GIVEN THAT A POWER OF SALE HAS BEEN
GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW THE
MORTGAGEE TO TAKE THE MORTGAGED PROPERTY AND SELL IT
WITHOUT GOING TO: COURT IN A FORCLOSURE ACTION UPON ©
DEFAULT BY THE MORTGAGOR UNDER THIS MORTGAGE.
The several remedies hereby granted to party of the first part in case of
default or breach of any of the agreements herein contained to be performed by
party of the second part, shall be construed 23 cumulative and the exercise of one or
more remedies shall not exclude not prevent party of the first part from at the same
time or at any other-time, resorting to or exercising any other rights, privilige or
remedy hereby granted to them or to which they might otherwise legally resort. Ali
costs, damages and expenses, including 2 reasonable attorney fee which may be
incurred by party of the first part in the eaforeement of any of the terms and
provisions of this, shall be a debt due from the party of the second part to party of
the first part and shall thereupon be immediately due and payable or in case of
judicial or non judicial foreclosure or other legal praceedings, shall be taxed as costs.
IT 1S FURTHER AGREED THAT NO assignment in whole or part of
this contract shall be valid without the written consent of the party of the first part
and any attempted assignment shall render this agreement void at option of party of
the second part.
THIS CONTRACT SHALL BE BINDING UPON THE HEIRS,
executors, administrators and assigns of the parties hereto.
IN WITNESS WHEREOF, THE PARTIES hereto have placed their
hands the day and year first above written. Be ae Puta second
mortgage on the property until this note is paid in full.Vodun PB LSbtr00 Ber Ag pt 201°
wth ar deemed an PrapAf) 4004
y public, in and for said C and on this
, 20/G personally appeared 2.
Shown to he the identical person who executed the within
and foregoing inttfumen and acknowledged to me that they executed the same as
their free and voluntary act and deed for the ases and purposes therein set forth.
Given under my hand and seal of office the day and year last above written.
My commission expires:
iOTARY
ef/2 notary public, in and for said and on this
LY, 2yppersonally appeared eae Mate Cucnts
» tome known to be the identical who
i egoing instrument and acknowledged to me that they
executed the same as their free and voluntary act and deed for the uses and purposes
therein set forth.
" "
ary
go g)
olf ae 3S Oe Se 4 OF
YO
fh Str. 9c4~- ious! bee‘That Jeremy Owens Enterprises LUC hereinafter called Morwgagor. whether one or more, has mortgaged, and hereby
mortgages, to Don Sessions hereinafter called Mortgages, whether ote or more, the following described real estate and premises,
situate in Oklahoma County, State of Oklahoma, to-wit:
‘See Attached Exhibit A
with all the improvements thereunto belonging, and warrant the btle to the same.
This morgege is given to secured the payment of the principal sum of $200,000.09 anid interest thereon. according to the
terms of 8 cermin promissory note or notes of even date herewith, signed by the mortgagor, the final payment thereon being due
August 19t, 2028
The mortgagor further agrees to maintain insurance acceptable to, and for the benefit of, the mortgagee, upon the buildings
on stid premises in an amount not less than the indebtedness doe the mortgagee. The mortgagor further agrees to pay all taxes
and assessments upon seid premises before the same became delinquent, and to kaep the premises fee of ny liens or claims
which might become prior to the lien hereof. In event of the failwe of the mortgagor so to do, the mortgagee may effect
insurance or pay such taxes, assessments or other Hens, and sball have a lien secured hereby for the amount thereof with interest
thereon a! the rate of ten percemt, per anoum.
In the event the mortgagor defaults in the payment of said indebtedness, or fails ta perform the other covenants and
agreements hereof, the mortgages muy foreclose this mortgage, as provided by law; and as often as any proceedings may be taken
to foreclose this mortgage, the mortgagor tgrees fo psy the mortgagee # sum equal to ten percent of the amount due as attomey's:
fee, in addition to other sums dus, which thall be a further lien secured bereby, Upon the due payment of said indebtedness and
the performance of other covenmnts and agreamana hereof by the mortgagor, this mortgage shall become null and void.
‘The mortgegor, in event of a foreclosure hereunder, hereby waives appraisement of said premises, of not, as the option of
the mortgagee to be Getlared wien the petition to foreclose is filed.
A power of ate has been granted In this Security Instrament. A power of tala roay allow the Lender to take the
Property and sell It without going to court in a foreclosure action upon defaukt by Borrower under this Security
Instrument.
——===== a
STATE OF OKLAHOMA ) INDIVIDUAL ACKNOWLEDGEMENT
COUNTY OF _OKLAHOMA )SS. ‘Oklahoma Form
Before me, the umdersigned, a Notary Public, in and for said County and State, on this
2010 personally appeared Jeremy Owens Enterprises LLC io me known to be the identica] person who executed the
within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary ect and deed for
‘the uses and purposes therein set forth.
(Fiver pdter mov hand end eral the dv and vest Inet above writtenWARRANTY DEED SPIN €2:24318 Om
(Statutory Form - Individual) OF ae RS Pas) oom
KNOW ALL MEN BY THESE PRESENTS: histone County Clee
‘That Ronald Earl Bames and Peggy A. Staver, Husband end Wife, partis of the first part, in consideration of
the sum of Ten dollars and Zero cents, and other valuable considerations, in hand paid, the receipt wikich is hereby
acknowledged, does hereby, grind, bargain, sell and convey unto Don Sessions, party of the second par, te following.
described real property and premises situated in Okishoma County, State of Oklahoma, to wit:
Lots Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (@), Nine (9), and Ten (10), Block Ose (1) in Metrose Park
Addition to Oklshousa City, Oklahoma County, Oklabomte, according to the recorded plat thereat.
‘TAX ID 809-357-0700, 1400, 1750 The Okiahoma City Abstract & Title Co.
P.O. Box 260
Oklahoma City. Oktahoma 73101-0260
Return to : Don Sessions Order #2010062 42 2
SUBJECT TO easements, restrictions, and miners) conveyances of recend, .
together with all the improvements thereon snd the sppurtenmoés thereto belonging, and warrant the litte to the same.
TO HAVE AND TO HOLD anid described prensises ‘unco tbe said party of the second part, his/her beirs and
assigns forever, free and discharged of and from ail former grants. chaiges, inxes. judgments, mortgages aod other Lene
and encumbrances of whatsoever nature.
‘Signed and delivered this i" day of July, 2010.
Flting Fea:
(Dec. Stemes se
- 528.00
srraqrapro'earaas
=m «
STATE OF OKLAHOMA , INDIVIDUAL ACKNOWLEDGMENT
)SS: Okiahoma Fom
COUNTY OF { K \dhame d
Before me, the undensigned, « Notary Public, in and for dis State, on this, permonsilly appeared Peggy A. Stover,
WOT Ronald Earl Barnes, SSE RA Io HPRPRAAical perion who executed the within and foregoing instrument
acknowledged to me that she executed the same as ber free and voluntary ct and deed for the uses and purposes therein”
set forth.
Given under my hand and sent the day and year last above written.
My Commission expires: (2(9QIX stestan Papier rae
File # = 201006246
20110727019916940
Filing Fee: $21.90
Ooc. Stamps: $.00
2772712011 02:43:29 P
<0
0” —_— S520 Yn, |
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FILED IN DISTRICT COURT OKLAHOMA COUNTY ANNA RN waR 1.6 201 | Ossrae7ese IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA RICK WARREN COURT CLERK 1 00. DON SESSIONS, an Individual, Plaintiff, vs. Case No. CJ-2017-1305 JEREMY OWENS a/kla JEREMY DEWAYNE OWENS; SHAWNA MARIE MACYGIN OWENS, spouse of JEREMY OWENS; JEREMY OWENS ENTERPRISES L.L.C., an Oklahoma limited liability company; DEACONESS HEALTH SYSTEM, L.L.C. d/b/a DEACONESS HOSPITAL; TENANT(S) OF 108 SW 44; TENANT(S) OF 110 SW 44; TENANT(S) OF 112 SW 44; TENANT(S) OF 114 SW 44; TENANT(S) OF 116 SW 44; BOARD OF COUNTY COMMISSIONERS OF OKLAHOMA COUNTY; and TREASURER OF OKLAHOMA COUNTY, ee Defendants. PLAINTIFF'S EMERGENCY MOTION FOR AUTOMATIC TEMPORARY INJUNCTION Plaintiff Don Sessions, pursuant to OKLA. STAT., tit. 12, § 1382, for his Emergency Motion for Automatic Temporary Injunction, respectfully shows the Court as follows: 1. AT OKLA, STAT., tit. 12, § 1382, Oklahoma’s statute authorizing injunctive relief provides as follows: When it appears, by the petition, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act, the commission or continuance of which, during the litigation, would produce injury to the plaintiff; or when, during the litigation, it appears that the defendant...is procuring...some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.2. Plaintiff would show the Court that on July 14, 2010, the original maker, Defendant Jeremy Owens a/k/a Jeremy Dewayne Owens, for good and valuable consideration, made, executed and delivered to Plaintiff a certain Contract for Deed (hereafter “Agreement”). See Exhibit “A”. 3. The Agreement pertains to the following described real property (“Property”) located at 108, 110, 112, 114 and 116 SW 44, Oklahoma City, Oklahoma 73109 in Oklahoma County: Lots Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), and Ten (10), Block One (1), in Melrose Park Addition to Oklahoma City, Oklahoma County, Oklahoma, according to the recorded plat thereof. 4, The Agreement is a Contract for Deed and is considered a Constructive Mortgage pursuant to OKLA. STAT., tit. 16, §11A. 5. The Agreement was filed of record with the County Clerk of Oklahoma County, in Book 11685 at Page 1318 on July 27,2011 and the mortgage tax duly paid thereon. 6. Per the Agreement, Defendant Jeremy Owens agreed to pay the principal sum of Two Hundred Thousand and 00/100 Dollars ($200,000.00) with interest thereon at the rate of ten percent (10) per annum on the unpaid balance until paid. 7. The Agreement further provides that monthly payments of $1,930.04 will be due no later than the first day of each month. 8. The Agreement provides that the failure to make any payments at the time due, or pay taxes and insurance, the Defendant, Jeremy Owens, will forfeit the Property and return the Property to Plaintiff s possession, to include any and all improvements to the building and land. 9. Plaintiff seeks the instant injunctive relief as Defendant has failed or refused to make any payments since November, 2016, but continues to derive income from the subject properties.10. Further, Defendant has failed to pay taxes due to the Oklahoma County Treasurer since 2012. il. There is currently due and owing to Plaintiff by Defendant the sum of $197,926.00 with interest thereon. 12. Plaintiffhas made demand for payment upon Defendant, but Defendant has failed or refused to make further payments or to vacate the Property, while Defendant continues to derive income from the subject properties.' 13. Plaintiff therefore seeks the instant injunctive relief, seeking an Order compelling Defendant to pay into the Court all monies received by Defendant as a result of his continued wrongful possession of the subject properties until such time as the Court may make a final determination on the disposition of the subject properties. WHEREFORE, premises considered, Plaintiff respectfully requests that the Court issue an automatic temporary injunction as more fully set forth herein, and for all such further relief the Court deems appropriate under the circumstances. ‘ Unless the person or entity responsible for the payment of the above debt, within thirty days after receipt of this notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid; and if said person or entity notifies the undersigned attorney for Plaintiff in writing within said thirty day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debt and a copy of such verification will be mailed to said person or entity by the undersigned attorney for Plaintiff; and upon a written request by Defendant within the thirty day period, the undersigned attorney for Plaintiff will provide the name and address of the original creditor, if different from the current creditor. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.Respectfully Submitted, Raphae] T. Glapion, OBA#19466 701 N.W. 13" Street Oklahoma City, OK 73103-2206 Office: 405/521-8900 Fax: 405/604-9054 Attorney for Plaintiff CERTIFICATE OF SERVICE Thereby certify that on this 16" day of March, 2018, I sent the foregoing document by United States mail, postage paid, to the following: David Dunlap Dunlap Law Firm 217N. Harvey, Suite 101 Oklahoma City, OK 73102 Gretchen Crawford Assistant District Attorney 320 Robert S. Kerr, Suite 505 Oklahoma Gity, OK 73,102~ . 20t 19727010318340 esconen ores oD eo PAID on JULY 27th 2011 RCPT# M0 State of Okiahone FORREST "BUTCH" FREEMAN c se esi CONTRACT FOR DEED ites‘ Sutras BY Paula Wels DEPUTY 18) aca verweca and entered into this f Y yet it and bone eee TIO EPA ey Nl. 7 3/°9F WITNESSETH: THAT THE PARTY OF THE first part is the owner of the following real property, situate in Oidahema Consty, Oklahoma, to-wit: LESS AND EXCEPT ALL OIL, GAS, COAL, AND OTHER MINERALS. WHEREAS, party of the second part desires to purchase said property for the sum of $200, 002 to be paid as follows: S. paid sand the balance of{00, 0.00 to be carried by seller and fo bear interest at %. Said principal and interest to be paid at the rate of $1430, 04 per month Shacicacing om the f day of 20) Zand the same amount on the same day of each month thereafter until paid'in fall. Party of the second part to have right to prepay the unpaid principal balance or any part thereof at any time without penalty. Buyer has inspected property, and is baying property in its "AS IS CONDITION." The buyer agrees to pay a late charge in the amount of $25.00 om any installment delinguent ten (10) days or more. IT IS FURTHER AGREED THAT UPON payment in fall of all assounts due, the party of the first part will detiver to party of the second part a good and sufficient Warranty Deed, conveying said premises free and clear of ail taxes, liens, or encumbrances except those that may have accrued or may have been incurred by party of the second part since the date of this agreement and except any casements or right-of-way grants presently of record. Sellers shail farnish party of the second part with an abstract of title certified up to date of this sale, for their inspection wpon payment in fall. In the event title requirements are made in writing within 15 days thereafter, sellers shall make title marketable within a reasonabie time. - TY 1S FURTHER AGREED AND UNDERSTOOD THAT party of the second part shall have posession of said premises on signing. That parties of the second part agree to pay all taxes and assesements that may become due on said property from and after this date and further agree to maintain hazard insurance for 80% replacement cost of any dwellings or improvements on said real estate and to show party of the first part as a lien holder on said policy of insarance and te furnish a copy of said policy or policies and proof of insurance to party of first part. That if said party of the second part fails to pay any of the taxes or assessments or ae Vinsurance on said property, party of the first part is authorized to pay the same or obtain the insurance aud deduct the amount expended from the monthly payments before applying any monthly payment on the principal. IY IS FURTHER AGREED THAT ANY FAILURE ON THE PART OF PARTY of the second part to faithfully keep and perform cach and all of the ” conditions, covenants and agreements, or to make any of the payments at the time and in the manner above specified or to pay the taxes or insurance shalj render this contract void or may declare all ainounts immediately due and payable and subject to foreclosure as a mortgage at the options of party of the first part. In the event seller chooses to treat this agreement as a mortgage then it is agreed that parties of the first party are hereby granted a power of sale as set forth in the Okdahoma Power of Sale Mortgage Foreclosure Act and may take possession of said property and sell it without the necessity of judicial proceedings all as set forth in-said act. NOTICE IS HEREBY GIVEN THAT A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW THE MORTGAGEE TO TAKE THE MORTGAGED PROPERTY AND SELL IT WITHOUT GOING TO: COURT IN A FORCLOSURE ACTION UPON © DEFAULT BY THE MORTGAGOR UNDER THIS MORTGAGE. The several remedies hereby granted to party of the first part in case of default or breach of any of the agreements herein contained to be performed by party of the second part, shall be construed 23 cumulative and the exercise of one or more remedies shall not exclude not prevent party of the first part from at the same time or at any other-time, resorting to or exercising any other rights, privilige or remedy hereby granted to them or to which they might otherwise legally resort. Ali costs, damages and expenses, including 2 reasonable attorney fee which may be incurred by party of the first part in the eaforeement of any of the terms and provisions of this, shall be a debt due from the party of the second part to party of the first part and shall thereupon be immediately due and payable or in case of judicial or non judicial foreclosure or other legal praceedings, shall be taxed as costs. IT 1S FURTHER AGREED THAT NO assignment in whole or part of this contract shall be valid without the written consent of the party of the first part and any attempted assignment shall render this agreement void at option of party of the second part. THIS CONTRACT SHALL BE BINDING UPON THE HEIRS, executors, administrators and assigns of the parties hereto. IN WITNESS WHEREOF, THE PARTIES hereto have placed their hands the day and year first above written. Be ae Puta second mortgage on the property until this note is paid in full.Vodun PB LSbtr00 Ber Ag pt 201° wth ar deemed an PrapAf) 4004 y public, in and for said C and on this , 20/G personally appeared 2. Shown to he the identical person who executed the within and foregoing inttfumen and acknowledged to me that they executed the same as their free and voluntary act and deed for the ases and purposes therein set forth. Given under my hand and seal of office the day and year last above written. My commission expires: iOTARY ef/2 notary public, in and for said and on this LY, 2yppersonally appeared eae Mate Cucnts » tome known to be the identical who i egoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. " " ary go g) olf ae 3S Oe Se 4 OF YO fh Str. 9c4~- ious! bee‘That Jeremy Owens Enterprises LUC hereinafter called Morwgagor. whether one or more, has mortgaged, and hereby mortgages, to Don Sessions hereinafter called Mortgages, whether ote or more, the following described real estate and premises, situate in Oklahoma County, State of Oklahoma, to-wit: ‘See Attached Exhibit A with all the improvements thereunto belonging, and warrant the btle to the same. This morgege is given to secured the payment of the principal sum of $200,000.09 anid interest thereon. according to the terms of 8 cermin promissory note or notes of even date herewith, signed by the mortgagor, the final payment thereon being due August 19t, 2028 The mortgagor further agrees to maintain insurance acceptable to, and for the benefit of, the mortgagee, upon the buildings on stid premises in an amount not less than the indebtedness doe the mortgagee. The mortgagor further agrees to pay all taxes and assessments upon seid premises before the same became delinquent, and to kaep the premises fee of ny liens or claims which might become prior to the lien hereof. In event of the failwe of the mortgagor so to do, the mortgagee may effect insurance or pay such taxes, assessments or other Hens, and sball have a lien secured hereby for the amount thereof with interest thereon a! the rate of ten percemt, per anoum. In the event the mortgagor defaults in the payment of said indebtedness, or fails ta perform the other covenants and agreements hereof, the mortgages muy foreclose this mortgage, as provided by law; and as often as any proceedings may be taken to foreclose this mortgage, the mortgagor tgrees fo psy the mortgagee # sum equal to ten percent of the amount due as attomey's: fee, in addition to other sums dus, which thall be a further lien secured bereby, Upon the due payment of said indebtedness and the performance of other covenmnts and agreamana hereof by the mortgagor, this mortgage shall become null and void. ‘The mortgegor, in event of a foreclosure hereunder, hereby waives appraisement of said premises, of not, as the option of the mortgagee to be Getlared wien the petition to foreclose is filed. A power of ate has been granted In this Security Instrament. A power of tala roay allow the Lender to take the Property and sell It without going to court in a foreclosure action upon defaukt by Borrower under this Security Instrument. ——===== a STATE OF OKLAHOMA ) INDIVIDUAL ACKNOWLEDGEMENT COUNTY OF _OKLAHOMA )SS. ‘Oklahoma Form Before me, the umdersigned, a Notary Public, in and for said County and State, on this 2010 personally appeared Jeremy Owens Enterprises LLC io me known to be the identica] person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary ect and deed for ‘the uses and purposes therein set forth. (Fiver pdter mov hand end eral the dv and vest Inet above writtenWARRANTY DEED SPIN €2:24318 Om (Statutory Form - Individual) OF ae RS Pas) oom KNOW ALL MEN BY THESE PRESENTS: histone County Clee ‘That Ronald Earl Bames and Peggy A. Staver, Husband end Wife, partis of the first part, in consideration of the sum of Ten dollars and Zero cents, and other valuable considerations, in hand paid, the receipt wikich is hereby acknowledged, does hereby, grind, bargain, sell and convey unto Don Sessions, party of the second par, te following. described real property and premises situated in Okishoma County, State of Oklahoma, to wit: Lots Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (@), Nine (9), and Ten (10), Block Ose (1) in Metrose Park Addition to Oklshousa City, Oklahoma County, Oklabomte, according to the recorded plat thereat. ‘TAX ID 809-357-0700, 1400, 1750 The Okiahoma City Abstract & Title Co. P.O. Box 260 Oklahoma City. Oktahoma 73101-0260 Return to : Don Sessions Order #2010062 42 2 SUBJECT TO easements, restrictions, and miners) conveyances of recend, . together with all the improvements thereon snd the sppurtenmoés thereto belonging, and warrant the litte to the same. TO HAVE AND TO HOLD anid described prensises ‘unco tbe said party of the second part, his/her beirs and assigns forever, free and discharged of and from ail former grants. chaiges, inxes. judgments, mortgages aod other Lene and encumbrances of whatsoever nature. ‘Signed and delivered this i" day of July, 2010. Flting Fea: (Dec. Stemes se - 528.00 srraqrapro'earaas =m « STATE OF OKLAHOMA , INDIVIDUAL ACKNOWLEDGMENT )SS: Okiahoma Fom COUNTY OF { K \dhame d Before me, the undensigned, « Notary Public, in and for dis State, on this, permonsilly appeared Peggy A. Stover, WOT Ronald Earl Barnes, SSE RA Io HPRPRAAical perion who executed the within and foregoing instrument acknowledged to me that she executed the same as ber free and voluntary ct and deed for the uses and purposes therein” set forth. Given under my hand and sent the day and year last above written. My Commission expires: (2(9QIX stestan Papier rae File # = 201006246 20110727019916940 Filing Fee: $21.90 Ooc. Stamps: $.00 2772712011 02:43:29 P <0 0” —_— S520 Yn, |