Preview
‘ FILED IN DISTRGY COURT
OKLAHOMA CGUNTY
4
iW iM qi \ IN THE DISTRICT COURT OF OKLAHOMA COUNTY ggg ~ 8 2019
HS ees STATE OF OKLAHOMA
*
RICK WARREN
COMMON ENERGY SOLUTIONS, INC. COURT CLERK
AN OKLAHOMA CORPORATION 48__———
Plaintiff,
CASE NO. CJ-2019-153
Vv.
VICKEY HANSARD d/b/a
HANSARD CONSTRUCTION;
US. BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE REGISTERED HOLDERS
OF J.P. MORGAN CHASE COMMERCIAL
MORTGAGE SECURITIES CORP.,
MULITFAMILY MORTGAGE PASS
THROUGH CERTIFICATES, SERIES 2018-SB45;
10 WEST APARTMENTS, LLC, an Oklahoma
Limited Liability Company;
WAGGONER’S HEATING & AIR
CONDITIONING, INC., an Oklahoma
Corporation;
OCCUPANTS OF THE PREMISES
Located at 7626 NW 10th St,
Oklahoma City, OK 73127;
ee SS SS SS SS Se
Defendants.
RETURN OF SERVICE
The undersigned certifies that on thel0th day of January, 2019, a copy of the
Petition attached hereto as Exhibit “A” and the Summons attached hereto as Exhibit “B”
were served on Vicky Hansard by mailing a copy of the Petition and Summons by
certified mail, return receipt requested and delivery restricted to the addressee. Vicky
Hansard received said Petition and Summons on January 12", 2019, as demonstrated by
the attached Exhibit “C”.Respectfully Submitted,
Craig lw OBA # 17517
Evan A. McCormick, OBA #30639
WHEELER, MorGAN, MCCORMICK &
BROWN
50 Penn Place, Suite 450
1900 N.W. Expressway
Oklahoma City, OK 73118
Telephone: (405) 840-5151
Facsimile: (405) 840-5183
chrown@50pennlaw.com
emccormick@50pennlaw.com
Attorneys for PlaintiffFILED IN DISTRICT COURT
IN THE DISTRICT COURT OF OKLAHOMA COUNTY - ORLABOMA CO
STATE OF OKLAHOMA JAN 10 2019
COMMON ENERGY SOLUTIONS, INC.
RICK WARREN
AN OKLAHOMA CORPORATION
COURT CLERK
59,
E9019 . 1 53
Plaintiff,
Vv.
VICKEY HANSARD d/b/a
HANSARD CONSTRUCTION;
US. BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE REGISTERED HOLDERS
OF J.P. MORGAN CHASE COMMERCIAL
MORTGAGE SECURITIES CORP.,
MULITFAMILY MORTGAGE PASS
THROUGH CERTIFICATES, SERIES 2018-SB45;
10 WEST APARTMENTS, LLC, an Oklahoma
Limited Liability Company;
WAGGONER’S HEATING & AIR
CONDITIONING, INC., an Oklahoma
Corporation;
OCCUPANTS OF THE PREMISES
Located at 7626 NW 10th St,
Oklahoma City, OK 73127;
ee eS eS
eS ee eee ee
Defendants.
PETITION
FOR BREACH OF CONTRACT
AND TO FORECLOSE MECHANIC'S LIEN
For its causes of action against the Defendants listed above, the Plaintiff, Common Energy
Solutions, Inc., an Oklahoma Corporation, (“Plaintiff”) alleges and states as follows:
1. Defendant, 10 West Apartments, LLC, an Oklahoma LLC, (“10 West”) is the owner in fee
simple of the real property whose legal description is:
Part of the Northwest Quarter (NW/4) of Section Thirty-Two (32), Township Twelve (12)
North, Range Four (4) West of the Indian Meridian, in Oklahoma County, Oklahoma,
more particularly described as: BEGINNING at a point on the North line of said
Northwest Quarter (NW/4), a distance of 610.29 feet West of the Northeast corner of said
EXHIBIT
A
Petition to Foreclose Mechanic's Lien, 1Northwest Quarter (NW/4); thence South 0°20°07” East on the West line of Lots One ql)
through Four (4), Block Ten (10) of Melrose Lane Addition Section 2, as shown on the
recorded plat thereof, and on said line extended Northerly a distance of 287.06 feet to the
Southwest corner of Lot Four (4) of said Block (10); Thence South 45°00°00" West of the
Northwesterly line of Lots Five (5) through Thirteen (13) of Block Ten (10) a distance of
526.89 feet to the intersection of said line and the West line of said Melrose Lane Addition
Seetion Two (2); Thence North 00°18°48” West on the West line of said Melrose Lane
Addition Section Two (2), extended Northerly a distance of 658.19 feet to 2 point on the
North line of said Northwest Quarter distance of 984.78 feet West of the Northeast corner
of said Northwest Quarter. Thence North 89°46’42” East on the North line of said
Northwest Quarter a distance of 374.51 feet to the point or Place of Beginning.
[See Warranty Deed attached hereto as Exhibit “1”.
2. Defendant Vickey Hansard d/b/a Hansard Construction, a Mississippi resident,
(“HANSARD ”) was Defendant 10 West’s contractor.
3. On or about September 21, 2017, Plaintiff entered into a contract with Defendant,
HANSARD under which Plaintiff agreed to furnish labor and materials for the improvement of
the real property (the “Contract”.
4. In November of 2017, Plaintiff performed its services under the Contract.
5. In November of 2017, Plaintiff demanded that Defendant, HANSARD , pay the
balance due of $24,446.27 for labor and materials furnished under the Contract (the “Principal
Amount”), but Defendant, HANSARD, has failed to pay the balance due.
6. Plaintiff has performed all conditions precedent to recover under the contract and
has not excused the breach of contract by Defendant, HANSARD.
7. As a result of the breach of the contract by Defendant HANSARD, Plaintiff has
sustained damages in the sum of Principal Amount, plus attorney fees, costs and interest.
8. On February 7, 2018, Plaintiff filed a Mechanic's or Materialman’s Lien Statement
with the County Clerk of Oklahoma County (Book RE 13655, Page 1676). A copy of the
Mechanic's or Materialman’s Lien Statement is attached as Exhibit “2”.
Petition to Foreclose Meckanie’s Lien 29. Defendant, US. Bank, National Association, for the Registered Holders of J.P.
Morgan Chase Commercial Mortgage Securities Corp., Multifamily Mortgage Pass-Through
Certificates, Series 2018-SB45 (“US Bank”), may claim some title or interest in the real property
by virtue of the recorded Assignment of Multifamily Mortgage, Assignment of Rents and
Security Agreement recorded on January 30, 2018, in Oklahoma County, Oklahoma, Book 13649,
Page 76, wherein it was assigned a “Multifamily Mortgage, Assignment of Rents and Security
Agreement” dated August 4, 2017 and recorded August 7, 2017, Document Number
2017080701 1092460, in Book 13507, Page 885 which is attached hereto as Exhibit “3”.
10. Defendant, WAGGONER’S HEATING & AIR CONDITIONING, INC. may
claim some title or interest in the real property by the recorded Mechanic’s Lien Statement of
Claim recorded on January 2, 2018, in Oklahoma County, Oklahoma (Book RE13267, Page
1116), which is attached hereto as Exhibit “4”.
COUNT I: Breach of Contract
11. Plaintiff adopts and realleges paragraphs 1-10 above as if fully set forth, and
further states:
12. Defendant HANSARD has breached her obligation to pay Plaintiff pursuant to the
Contract.
13. As a result of Defendant HANSARD’s breach, Plaintiff has suffered actual
damages in an amount of $24,446.27, exclusive of interest, costs and attorney fees.
WHEREFORE, Plaintiff requests judgment in the amount of Twenty-Four Thousand,
Four Hundred Forty-Six Dollars and 27/100 ($24,446.27) together with interest, costs, attormey
fees, and any further relief to which Plaintiff may be entitled.
COUNT II: Unjust Enrichment / Quantum Meruit
Petition to Foreclose Mechanic's Lien 314. Plaintiff adopts and realleges paragraphs 1-13 above as if fully set forth, and
further states:
15. In the alternative, Defendant HANSARD has retained the benefits of the services
tendered and material provided by Plaintiff, for which Defendant HANSARD knew or should
have known that Plaintiff reasonably expected compensation at the time such services were
tendered, and material provided. Plaintiff has thereby suffered damages in an amount of
$24,446.27.
WHEREFORE, Plaintiff requests judgment in the amount of Twenty-Four Thousand, Four
Hundred Forty-Six Dollars and 27/100 ($24,446.27) together with interest, costs, attorney fees, and
any further relief to which Plaintiff may be entitled.
COUNT IIE Collection of an Open Account
16. Plaintiff adopts and realleges paragraphs 1-15 above as if fully set forth, and
further states:
17. Plaintiff was retained by the Defendant HANSARD in Oklahoma County,
Oklahoma to perform certain services on its behalf and, as a result, Defendant is indebted to
Plaintiff in the sum of $24,446.27.
18. Defendant has failed and/or refused to pay the total amount due on the account
although demands have been made upon it.
19. Plaintiff is entitled to judgment against Defendant HANSARD in the sum of
$24,446.27, together with interest from the date of judgment until paid, a reasonable attorney’s
fee, and all costs of this action.
Petition to Foreclose Mechanic's Lien 4WHEREFORE, Plaintiff requests judgment in the amount of Twenty-Four Thousand, Four
Hundred Forty-Six Dollars and 27/100 ($24,446.27) together with interest, costs, attorney fees, and
any further relief to which Plaintiff may be entitled.
COUNT IV: Lien Foreclosure
20. Plaintiff adopts and realleges paragraphs 1-19 above as if fully set forth, and
further states:
21. To secure and ensure repayment of the cost of the materials supplied in the
improvement of the subject real property and improvements referenced above and more
particularly described hereinbelow, Plaintiff properly executed and filed on February 7, 2018,
Plaintiff filed a Mechanic's or Materialman’s Lien Statement (“M&M Lien”) with the County
Clerk of Oklahoma County (Book RE 13655, Page 1676). A copy of the Mechanic's or
Materialman’s Lien Statement is attached as Exhibit “2”.
22, The M& M Lien operates to encumber the ownership interests of the Defendants in
the real property as described:
Part of the Northwest Quarter (NW/4) of Section Thirty-Two (32), Township
Twelve (12) North, Range Four (4) West of the Indian Meridian, in Oklahoma
County, Oklahoma, more particularly described as: BEGINNING at a point on
the North line of said Northwest Quarter (NW/4), a distance of 610.29 feet West
of the Northeast corner of said Northwest Quarter (NW/4); thence South
0°20°07” East on the West line of Lots One (1) through Four (4), Block Ten (10)
of Melrose Lane Addition Section 2, as shown on the recorded plat thereof, and
on said line extended Northerly a distance of 287.06 feet to the Southwest corner
of Lot Four (4) of said Block (10); Thence South 45°00°00” West of the
Northwesterly line of Lots Five (5) through Thirteen (13) of Block Ten (10) a
distance of 526.89 feet to the intersection of said line and the West line of said
Melrose Lane Addition Section Two (2); Thence North 00°18°48” West on the
West line of said Melrose Lane Addition Section Two (2), extended Northerly a
distance of 658.19 feet te a point on the North line of said Northwest Quarter
distance of 984.78 feet West of the Northeast corner of said Northwest Quarter.
Thence North 89°4642” East on the North line of said Northwest Quarter a
distance of 374.51 feet to the point or Place of Beginning.
Petition to Foreclose Mechanic's Lien. 523, That Defendant 10 West may claim some tight or title interest in and to the subject
property, the validity and priority of the same to be determined by order of this Court.
24. That Defendant, US Bank may claim some right title or interest in and to the
subject property, the validity and priority of the same to be determined by order of this Court.
25. That Defendant, Waggoner’s Heating & Air Conditioning, Inc., may claim some
right, title or interest in and to the subject property, the validity and priority of the same to be
determined by order of this Court.
26. That Defendant OCCUPANTS OF THE PREMISES located at 7626 NW 10th St,
Oklahoma City, OK 73127, may claim some right, title or interest in and to the subject property,
the validity and priority of the same to be determined by order of this Court.
WHEREFORE, Plaintiff requests a judgment (a) in rem against the Defendants 10 West,
US Bank, Waggoner’s Heating & Air Condition, Inc., and Occupants Of The Premises located at
7626 NW 10th St, Oklahoma City, OK 73127; (b) ordering and decreeing that the lien and claim
of Plaintiff in and to the real estate and the building and improvements erected thereon is a good
and valid lien and claim for and in the amounts above set forth; (c) ordering said lien be
foreclosed and that the real estate and the building and improvements erected. pursuant to the
grant of such leasehold estate to be sold, with appraisements and the proceedings arising from the
same to be applied to the payment of the costs herein, including attomeys fees, and the payment
and satisfaction of the claims and judgments of Plaintiff and other lienholders in order of priority,
and the surplus, if any paid into the Court to abide the further order of the Court; (d) adjudication
the right, title and interest of Plaintiff and Defendants in and to the real estate and the building and
improvements erected thereon and ordering that upon confirmation of sale, and Defendants and
all persons claiming by through and under them since the commencement of this action shall be
Petition to Forecluse Mechanic's Lien 6forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate
or equity of redemption in and to the Liened Property, or any part thereof: and (e) awarding such
other relief to which Plaintiff may be entitled, above premises considered.
Petition to Foreclose Mechanic's Lien
Respectfully submitted,
Craig E. Brown, OBA # 17517
Evan A. McCormick, OBA # 30639
WHEELER, MORGAN, BROWN &
MCCORMICK, PLLC
50 Penn Place, Suite 450
1900 N.W. Expressway
Oklahoma City, OK 73118
Tele: (405) 840-5151
Fax: (405) 840-5183
cbrown@S50penniaw.com
emecormick@50pennlaw.com
Attorneys for PlaintiffsSTATE OF OKLAHOMA )
} 88:
COUNTY OF OKLAHOMA j
I, Craig E. Brown, being first duly sworn upon oath, states: That I am one of the attomeys
for the Plaintiff in the above matter, and I know the contents thereof and that the statements therein
contained are true and correct as I am informed and believe.
Craig E. Brown
y
ee
Subscribed and sworn to before me this 4 day of January
My commission expi
V:\cHents\CEB\Commion Energy Solutions\Common y. 10West\Pleadings\Petition. docx
Petition to Foreclose Mechanic's Lien 820170807011092450 DEI
08/07/2017 08:46:46 AM
Book:13307_Page:8!
WARRANTY DEED
Statutory Form Individual
Know Ail Men by These Presents:
THAT, Sam Investments, LLC duly organized and existing under and by
party of the first part, In consideration of the sum of TEN and No/100 ($10.00)
ald, the receipt of which is hereby acknowledged, does hereby ars
Apartments, LLC party of the second part, the following descrity
County, State of Oktahoma, to wit:
‘SEE ATTACHED EXHIBIT "A" FOR
TAXID No.: 147943616
Grantee's Mailing Address: 301A Kanaas Street, El Seg
together with ail the improvements thereon and the appu e gnging, and warrant the title to the same.
TO HAVE AND TO HOLD said described premise: ajc @ seognd part, its helrs and assigns forever,
free, clear and discharged of and from all for irg it li
‘encumbrances of whatsoever nature. SUBJECT Ao exfti
record.
IN WITNESS WHEREOF, the said party of {te
caused these presents to be signed in its name by its
Manager this 4th day of August, 2017.
SAM INVESTMBATS,
"y
¢ Stamps: $4350.00
PQRATION OR LLC ACKNOWLEDGMENT
State of Oklahoma
County of Oklahoma
Bafore me, the underaign
appeared, Steve Allen, to
foregcing instrumesites
deed of such ent
r said County and State on this 4th day of August, 2017, personally
ical person who subscribed tha name of the maker theraof to the
ged to me thal same was executed as the free and voluntary act and
in set forth,
‘The Oklahoma City Abstract & Titls Co.
1900 N.W. Expressway, #210
Oklahoana City, OK BUS
RETURN TO:
‘Oklahoma Cay abstract & Tite Company
1800 NW, Expressway, Suite 219
‘Oklahoma City, OK 73118,
EXHIBITEXHIBIT "A"
LEGAL DESCRIPTION
Part of the Northwest Quarter (NW/4} of Section Thirly-Two (32), Township Twelve {12} Nora, Range Four
Indian Meridian, in Oklahoma County, Oklahoma, more particularly described as: BEGINININ
of sad Northwest Quarter (NW). a distance of 610.29 foot West ofthe Northesst dimer ov saat
(NWI); Thanca South 0°20?" East on the West tine of Lots One (1) through Fou¢ (4), &
Addon Section 2, as shown on the recorded plat therect, and on said ne extended
comer of Lot Four (4) of said Block Tan (10):Thence South 45°C0'00\west
rao Ee (8) through Thirtsen (13) of Black Ten (10) a distance of 526.89 feat to the intelgactiomngf sa
ling of said Melrose Lane Addition Section Two (2), Thence North 00°18'48" West on the Vest line of fa
Addition Section Two (2), extended Northerly a distance of 658.19 feat to a pa aid Nortiwest
Quarter a distance of 984.78 feet West of the Northeast comer of sald Norwest aya ertsg North,89°48'42" East
on the North tine of said Northwest Quarter a distance of 374.51 feet to théCAAT at
20190207010173560
@2/07/2019 04:06:27 PM
Bk-RE13686 Pg: 1676 Pgs.6 mL
State af Oklahoma
County of Ollanama
Oklahoma County Clark
David 8. Hooten
IN THE OFFICE OF THE COUNTY CLERK
COUNTY OF OKLAHOMA, STATE OF OKLAHOMA
MECHANIC'S OR MATERIALMAN’S LIEN STATEMENT
STATE OF OKLAHOMA. )
ss,
OKLAHOMA COUNTY )
KNOW ALL PERSONS BY THESE PRESENTS:
That Common Energy Solutions, Inc. has and claims a lien upon the land, the
building, the appurtenances and the improvements located at 7652 NW 10th St, Oklahoma
City, OK 73127, situated in the County of Oklahoma, State of Oklahoma, and more
particularly described as:
Part of the Northwest Quarter (NW/4) of Section Thirty-Two {32), Township Twelve
(12) North, Range Four (4) West of the Indian Meridian, in Oklahoma County,
Oklahoma, more particularly described as: BEGINNING at a point on the North line
of said Northwest Quarter (NW/4), a distance of 610.29 feet West of the Northeast
corner of said Northwest Quarter (NW/4); thence South 0°20°07” East on the West
line of Lots One (1) through Four (4), Block Ten (10) of Melrose Lane Addition
Section 2, as shown on the recorded plat thereof, and on said line extended Northerly
a distance of 287.06 feet to the Southwest corner of Lot Four (4) of said Block (10);
Thence South 45°00'00” West of the Northwesterly line of Lots Five (5) through
Thirteen (13) of Block Ten (10) a distance of 526.89 feet to the intersection of said line
and the West line of said Melrose Lane Addition Section Two (2); Thence North
00°18°48” West on the West line of said Melrose Lane Addition Section Two (2),
extended Northerly a distance of 658.19 feet to a point on the North line of said
Northwest Quarter distance of 984.78 feet West of the Northeast corner of said
Northwest Quarter. Thence North 89°46’42 East on the North line of said Northwest
Quarter a distance of 374.51 feet to the point or Place of Beginning,
JO WEST APARTMENTS LLC
COMMON ENERGY SOLUTIONS
ara KANSAS STREET 6904 NW 57TH ST NSIC
EGUNDO CA 90245 BETHANY Ok 73008 ws
EXHIBIT
' fo 2That the land, building, appurtenances and improvements are owned by 10 West
Apartments, LLC, 301A Kansas Street, El Segundo, CA 90245, the owner of the
Property and being the last known address whom Common Energy Solutions, Inc. claims
a lien, and that the property is now presently occupied as Mulberry Parke.
That the owner of the property is 10 West Apartments, LLC, 301A Kansas Strect, El
Segundo, CA 90245.
The claimant is Common Energy Solutions, Inc., 6904 NW 57% Street, Bethany,
Oklahoma City, OK 73009.
That the amount of the lien claimed totals $24,446.27.
That the known address of the contractor Hansard Construction, 8086 Creekwood Circle
‘West, Southaven, MS 38671.
That Hansard Construction hired Common Energy Solutions, Inc. to provide
Electrical Services;
That, pursuant to the contract, Common Energy Solutions, Ine. performed labor and
furnished material used on or for the land, building, appurtenances and improvements as
fully described hereafter on Exhibit “A” attached hereto and made a part hereof.
That the date upon which the material or the equipment used on said land was last
furnished or the labor last performed under contract was November 21,2017 and that this
lien statement has been filed with the county clerk within ninety (90) days of said date.That prior to the filing of this lien statement, but no later than seventy-five (75) days after
the last date of supply of material, services, labor, or equipment in which Common
Energy Solutions, Inc. is entitled or may be entitled to lien rights, Common Energy
Solutions, Inc. sent to the last-known address of the Contractor, Hansard Construction,
8086 Creek wood Circle West Southaven, MS 38671 and the Owner 10 West
Apartments, LLC, 301A Kansas Street, El Segundo, CA 90245 and RA: National
Registered Agents, Inc. of OK, 1833 South Morgan Road Oklahoma City, OK 73128 the
Prelien Notice of Lien to Original Contractor and Property Owner; and has filed
contemporaneously with this lien statement an Affidavit re: Prelien Notice of Lien to
Original Contractor and Property Owner;
That the said sum is just, due and unpaid, and that Common Energy Solutions, Inc.
claims and has a lien upon the land, building, appurtenances and improvements described
above, and against 10 West Apartments, LLC, 301A Kansas Street, El Segundo, CA
90245 in the amount of $24,446.27 as above set forth, according to the laws of the State
of Oklahoma.
LL
DATED this ‘2 *“day of February 2018,
Common Energy Solutions, Inc.
By:
E. Brown
Its:_Attorney and Authorized
RepresentativeSTATE OF OKLAHOMA
)
) ss.
COUNTY OF OKLAHOMA +)
VERIFICATION
Craig E. Brown, of lawful age, being first duly sworn, upon oath says: That he is the
Attorney and Authorized Representative of Common Energy Solutions, Inc. mentioned in
the foregoing statement of Mechanic’s and Materialman’s lien; that he has read this
statement and knows the contents thereof; that the name of the owner, the name of the
contractor, the name of the claimant, the description of the property upon which the lien is
claimed, and the items of the account as therein set forth, are just, (rue, correct and unpaid.
CraigE. Brown,
Attorney and Authorized
Representative
Subscribed and sworn to before me this T day of February 2018.
#15006272
Craig E. Brown
Wheeler, Morgan & Brown, PLLC
1900 N.W, Expressway, Suite 450
Oklahoma City, OK 73118
\CEBSERVER}Voll\clients\CEB\Common Energy Solutions\HansardContruction\Mulbery ParkeALienStatment 10 West. docxInvoice
@SO' SOLUTIONS,
6904 NW 57th Street sae imanet
Bethany, OK 73008 mvowe
: Livi OK 77828 11212017 ut
Bill To
Hansard Construction.
Vickey Hansard
8086 Creekwood Cirde West
Southtaven, MS 38671
P.0, No. Terms Project
Flaal Invoice Dus on receipt Mulberry Parke
Quantity Description Rate Amount
1] Price to remove and install mew 4 Gang Meter Pack for the Unity Livted 28 7642 NW 10,750.00 10,750.00
10th Street Apartment Numbers 1. 2, 5, and 6. Unit Nuotbers 1, 5, and 6 were rewired
due to a fire and replaced all existing wiring with copper conduotors and feeders for the
rewired units was replaced as copper as well. Furnished all receptacles, switches, cutlet
covers, and installed contractor provided lighting package.
Phone # Fax E-mail Total $10.750.00
405-514-5659. 405-470-8622 d.howard@exsok.comO82 SOLUTIONS
Invoice
6904 NW 57th Street om matey
a
Bethany, OK 73008 =
Lic OK 77828 1122017 172
Bit To
Hausard Construction
Vickey Hansard
8086 Creekwoad Circle West
Southhaven, MS 38671
P.O. No. Terms. Project
Fined Gavaice Due on receipt Mulberry Parke
Quantity Description Rate Amount
Price to replace all receptacles, switches, install GFCI's in bathroon) and kitchen, outlet 25,970.06 25,970.06
covers fo accommodate aluminuin wiriug installed throughout the complex.
Materials Deduct (Provided by Contractor) +12,253.79 -12253.79
The balance cemaiuing is $13.71627.
(20180237010 173680
Filing Fee: $39.49
02/07/2018 4:05:27 PM,
ML
]
7 7
Phone # Fax # E-mail Total $G.1156 2
403-5 14-5659 403-470-8622 d.howardi@oesok.conrThis instrument was prepared by and
after recordation return to:
McCoy & Orta, P.C. durisdiction: Oklahoma Couthy
100 North Broadway, 26" Floor Loan No.:
Oklahoma City, OK 73102 M&O Ref:
Telephone: (888) 236-0007 Loan Name
FOR VALUE RECEIVED, FEDERAL HOME LO}
whose address is 8200 Jones Branch Drive, a
assigns, transfers, and sets over unto U.S, BAR
TRUSTEE FOR THE REGISTERED
COMMERCIAL MORTGAGE Sk
MORTGAGE PASS-THROUGH C!
whose address is One Federal Stree
”
that certain related Mortgage Loari
Assignor in and to the Multifam
ignor”), conveys,
ASSOCIATION, AS
ORGAN CHASE
MULTIFAMILY
2018-SB45, (“Assignee”),
Sade EX-MA-FED, Boston, MA
“express orimplied, except as set forth in
eement, all the right, title and interest of
Assignment of Rents and Security Agreement
lultifamt¥y Mortgage, Assignment of Rents and
Security Agreement or fate orn described therein, encumbering, among other things,
the premises described in™§
improvements thereot
A attached hereto and incorporated herein and the
o Assignee, its successors and assigns forever.
EXHIBITa
Dated this {ly day of January, 2018, to be effective as of the 24 day of Jan
2018.
FEDERAL HOME LOAN MORTGAGE
a corporation organized and
United States
By:
Name: Mary Eller
Title: Director
Multifamily
STATE OF VIRGINIA §
§
COUNTY OF FAIRFAX §
7a
On the le day of January/20/8
and for said State, personally appeare
Operations, of Federal Home
wie, the untérsigned, a Notary Public in
len Slavinskas, Director, Multifamily
proved to me on the basis g actoxy evitence to be the person whose name is
subscribed to the within instyimefit and acknd ledgty to me that she executed the same in
her authorized capacity, g a the instrument the person, or the
entity upon behalf of whi persgn acted, executed the instrument, and that such
PRATIMA JAGERDEO
eration #1526292
RAT
RR RORWEALTH OF VIRGINIA
MY COMMISSION Exrires JUNE 30, 2020SCHEDULE A
Multifamily Mortgage, Assignment of Rents and Security Agreement dat
2017, by 10 WEST APARTMENTS, LLC, an Oklahoma limited 1
Borrower"), to ARBOR AGENCY LENDING, LLC ("Originat\Le
of $2,327,000.00, recorded on August 7, 2017,
2017080701 1092460, in Book 13507, Page 885 in the office’e
Oklahoma County, Oklahoma ("Real Estate Records");
MORTGAGEEXHIBIT A
LEGAL DESCRIPTION
Part of the Northwest Quarter (NW/4) of Section Thirty-Two (32), Township
Rango Foar (4) West of the Indian Meridian, in Oklahoma County, Oklahoma,
described as: BEGINNING at « point on the North line of said
distance of 610,29 feet West of the Nostheast corner of said Ne 8
South 02007" Bast on the West line of Lots One (1} through Fo D
Melrose Lane Addition Section 2, as shown on. the recorded
extended Northerly a distance of 287.06 feet to the South
Blook Ten (10);Thence South 45°00 00" West on the Nor
‘Thisteen (13) of Black Ten {10} a distance of 526.89 fest to 4 ine
‘West line of said Melrose Lane Addition Section Two (] 48" West on the
Weet line of said Melrose Lane Addition Seation Twe\ (2)Ne ’ a distances of
658.19 fast to a point on the Noxth line of said Ne Sola: meeWw
WAGGONER? MECHANKGaL SERVICES LLC
1381 E INDIAN HELLS RO
NORMAN, Of 7207 MECHANIC'S LIEN
STATEMENT CLAIM ‘2OAB810201800 1359
oF BURZIZMNE 62:19:46 PA
SA &L 4064 (2000) CBee Py Paes
STATE OF OKLAHOMA Sutbee eaamay clark
pavid 8, Hoosen
SS
COUNTY OF OKLAHOMA . \
Known all men by these presen: swat woggoners Hering, ¢ (ir Condition be
se dun apne Hansard Conshnictton Compa __ ‘reas
of Agusan doliues “ato F000, Oe wo me, and hate chi i made for and
cnaxouncas SAW hinder units 4 COndbnsers and baron
work was peformed and atts supplied by me tke LO_day of AGEMNIDer 2017]. sccording
0 an itemized sratement thereof, hetero amached marked “Exhibit A’ and made part of this smement: that
suck work, labor, and matetials were done in pursuance of a.conmmact wich
Cee ented renies atl op 4
@ yo wesT APARTMENTS LLC
T.
EL SEGUNDO, CA 90245
O-1314] vo pepe)
Secon: 32 Totunship: 1an Range: dw Que NW
see attached 2
In sald County and State; thac dhe sum ‘just due and unpaid, and I have claimed a lien jd building
and upon che said prembses on which the same is sicuated, to the amount of $
‘as above set forth, according vo the laws of the Seate of Oldahoma. Dated this y of,
wi2. 4 I a
STATE OF OKLAHOMA. $s
COUNTY OF OKLAHOMA
(of lawful age, being ee duly sworn, upon oath, says: That
‘abd in che foregoing Stexment of Mechanic's Liens thas he bad read said
the contents thereof; that che memoe of the owner, name of the concructor, dhe name
of the daimaat, the description of the property upon which the licn is claimed, and che items of the
account 25 therein set ford, are jum, true, and correct.
Subecebed and swoan to before me tis dayZe HG) oF aol L
My commision xpi: 241°} 2.| “NA ( VL.
WEATHER CULP
Horary Public, State af Okahome
‘Commission # 17007782
My Comminaton ExpitpeQhi®-2024
Note: tach intend natonen!
EXHIBIT‘EXHIBIT "A"
LEGAL DESCRIPTION -
Pat ns Norte rer (NE) of Soon Ty Tw (2), Touran Twa (12) No, Range Fou) West of he
Indhan *erdian, in ONeharre County, Obdahome, more pasteedsrty dascribed 1 polit on the North ine
cf said Northerest Quarter (NWA), 9 distance of 10.29 teal West ot Se Nrhess coma tell bores) Ovoter
, Thence Sout O°2007" East on the West fre of Lots One (1) treugh Four fd}, Block Tim (10) of hieirae Lane
‘Additon Sontion 2, ax shows on tha recorded plat thereat, and on said five extended Nortuaty a diabene of 287.06 fac
1p fhe Soulrwest comes of Lot Four (4) of nad Biogk Ten {10)"Thence South 45°0000" West on the Northwestaty line of
‘Lots Five (5) through Thidesn (13) of Block Ten (10) distarioa of 528.09 faet to Cre Wiercaction of eald line and the WWect
‘Wha or Melrose Lane Adkition Secfinn Two (2), Thence North O0*18'48" West an the Weet fina of said Metroas Lane
Addition Section Two (2), extended Northerly 9 distanos of B58. 19 feet io 2 point nn the Nor) Ine of said Northwest *
‘Quarter 4 dietanes of 984.78 feet West of the Nochesst comer of said Northwest Guarler, Thence North 8°48'42" Eat
obs Nar fm of sod Nore Qua a aan of 374.81 lent the poor Fae of BagongInvoice
Number: ARR17025.
Date: 11/2972017
HEATING/AIR CONDITIONING Account No: 2436-001
Customer PO:
1361 E Indian His Re Terme: 10th of Month
Woman, OK 73071 7
Phone: 495-279-2076 Reference:
Farc 405-329-2096
Billing Address: Service Address:
HANSARD CONSTRUCTION COMPANY MULLBERRY APARTMENTS
PO BOX 2007 7642 NW 10TH STREET
SOUTHAVEN, MS 38671 Oklahoma City, OK 73127
tem
RRINSTALL
zeipoteanisee (200
Filing Fon! $33.48
Nei dy of action ari azordance with hance sawemen The Sailor ratnina the tie to all materials arc property tnt herein
have been made In tal, ‘Aceunts not pat win nity (30) days of native of iwc ae nda an iain pyre charge Of ~
tp sabe aes Buyer ogrens to eny reasenable atfomey ar colection fees inourred by Sellas in securing aayment for this contract,
Non-Taxabic: 38,000.00
Taxable: $0.00
Sub Total $8,000.00
Sales Tax $0.00
Acsepied By Froigt
Totat $8,000.00
Total Paid:
Totat Due: $3,000,00
+IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
COMMON ENERGY SOLUTIONS, INC.
AN OKLAHOMA CORPORATION
Plaintiff,
case! oghig =i 53
wee
Vv.
VICKEY HANSARD d/b/a
HANSARD CONSTRUCTION;
US. BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE REGISTERED HOLDERS
OF J.P. MORGAN CHASE COMMERCIAL
MORTGAGE SECURITIES CORP.,
MULITFAMILY MORTGAGE PASS
THROUGH CERTIFICATES, SERIES 2018-SB45;
10 WEST APARTMENTS, LLC, an Oklahoma
Limited Liability Company;
WAGGONER’S HEATING & AIR
CONDITIONING, INC., an Oklahoma
Corporation;
OCCUPANTS OF THE PREMISES
Located at 7626 NW 10th St,
Oklahoma City, OK 73127;
Defendants.
er ee eee
SUMMONS
TO THE ABOVE NAMED DEFENDANT(S): Vickey Hansard
8086 Creekwood Circle
Southhaven, MS 38671-5414
You have been sued by the above-named plaintiff, and you are directed to file a written answer to the attached
Petition in the court named above within twenty (20) days after service of this summons upon you exclusive of the
day of service. Within the same time, a copy of your answer must be delivered or mailed to the attorney for the
plaintiff. Unless you answer the petition within the time stated, judgment will be rendered against you for the relief
demanded in the petition with costs of the action.
Issued this lv day of January, 2019.
Rick Warren, COURT CLERK
By: ee
(SEAL)
Attorney(s} for Plaintiff(s)
Name: WHEELER, MORGAN, McCORMICK & BROWNCraig E. Brown
50 Penn Place, Suite 450
1900 N.W. Expressway
Oklahoma City, OK 73118
Phone: (405) 840-5151
th _-
This summons was served on the [2 day of cave, 2019, and you must answer the petition within twenty
(20) days after receipt.
Signature of person serving summons.
YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH THIS
SUIT OR YOUR ANSWER, SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT
AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT STATED IN THE SUMMONS.U.S. Postal Service™
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
Rn ciC eo ae eee
[Certified Mai Fee
Ei Return Receipt harcccry)
Tpit Signatore Restcted Delivery §.
ls
Extra Services & Fees (chock tox, acd lee as aPraprn)
$
lrena Receipt (lector) 8 Postmark
(Ccorttied Malt Restricted Datvery Here
Act signature Receared 5
?O1b 1370 0001 0033 8303
1m Complete items 1, 2, and 3.
s Print your name and address on the reverse
so that we can retum the card to you.
1 Attach this card to the back of the maliplece,
‘or on the front if space permits,
om Tohees weir’ AT”
7. Article Addressed to:
Vides Hensing .
d ~
soaason NS 2361-
address diferent from tem 1? Ces
° Mee iuor delivery adress below: ON
Eiganorae Sager
GUAM IVUUWIOUAUUTTDN (com atin
9590 9402 1788 6074 3936 62 Ma itn boy Pe
Gdlinia Kimber (anctar fram sarvica label 1) Galeton Daley Rested Doery FS Corton
* 2OLb 1370 0001 0033 8303 __ kakedveney Dabery
“Pe Fon BBT1, July 2016 PSN 7580-02-000-9053 Domoaie Retrn Rapt |
EXHIBIT
Preview
‘ FILED IN DISTRGY COURT OKLAHOMA CGUNTY 4 iW iM qi \ IN THE DISTRICT COURT OF OKLAHOMA COUNTY ggg ~ 8 2019 HS ees STATE OF OKLAHOMA * RICK WARREN COMMON ENERGY SOLUTIONS, INC. COURT CLERK AN OKLAHOMA CORPORATION 48__——— Plaintiff, CASE NO. CJ-2019-153 Vv. VICKEY HANSARD d/b/a HANSARD CONSTRUCTION; US. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., MULITFAMILY MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2018-SB45; 10 WEST APARTMENTS, LLC, an Oklahoma Limited Liability Company; WAGGONER’S HEATING & AIR CONDITIONING, INC., an Oklahoma Corporation; OCCUPANTS OF THE PREMISES Located at 7626 NW 10th St, Oklahoma City, OK 73127; ee SS SS SS SS Se Defendants. RETURN OF SERVICE The undersigned certifies that on thel0th day of January, 2019, a copy of the Petition attached hereto as Exhibit “A” and the Summons attached hereto as Exhibit “B” were served on Vicky Hansard by mailing a copy of the Petition and Summons by certified mail, return receipt requested and delivery restricted to the addressee. Vicky Hansard received said Petition and Summons on January 12", 2019, as demonstrated by the attached Exhibit “C”.Respectfully Submitted, Craig lw OBA # 17517 Evan A. McCormick, OBA #30639 WHEELER, MorGAN, MCCORMICK & BROWN 50 Penn Place, Suite 450 1900 N.W. Expressway Oklahoma City, OK 73118 Telephone: (405) 840-5151 Facsimile: (405) 840-5183 chrown@50pennlaw.com emccormick@50pennlaw.com Attorneys for PlaintiffFILED IN DISTRICT COURT IN THE DISTRICT COURT OF OKLAHOMA COUNTY - ORLABOMA CO STATE OF OKLAHOMA JAN 10 2019 COMMON ENERGY SOLUTIONS, INC. RICK WARREN AN OKLAHOMA CORPORATION COURT CLERK 59, E9019 . 1 53 Plaintiff, Vv. VICKEY HANSARD d/b/a HANSARD CONSTRUCTION; US. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., MULITFAMILY MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2018-SB45; 10 WEST APARTMENTS, LLC, an Oklahoma Limited Liability Company; WAGGONER’S HEATING & AIR CONDITIONING, INC., an Oklahoma Corporation; OCCUPANTS OF THE PREMISES Located at 7626 NW 10th St, Oklahoma City, OK 73127; ee eS eS eS ee eee ee Defendants. PETITION FOR BREACH OF CONTRACT AND TO FORECLOSE MECHANIC'S LIEN For its causes of action against the Defendants listed above, the Plaintiff, Common Energy Solutions, Inc., an Oklahoma Corporation, (“Plaintiff”) alleges and states as follows: 1. Defendant, 10 West Apartments, LLC, an Oklahoma LLC, (“10 West”) is the owner in fee simple of the real property whose legal description is: Part of the Northwest Quarter (NW/4) of Section Thirty-Two (32), Township Twelve (12) North, Range Four (4) West of the Indian Meridian, in Oklahoma County, Oklahoma, more particularly described as: BEGINNING at a point on the North line of said Northwest Quarter (NW/4), a distance of 610.29 feet West of the Northeast corner of said EXHIBIT A Petition to Foreclose Mechanic's Lien, 1Northwest Quarter (NW/4); thence South 0°20°07” East on the West line of Lots One ql) through Four (4), Block Ten (10) of Melrose Lane Addition Section 2, as shown on the recorded plat thereof, and on said line extended Northerly a distance of 287.06 feet to the Southwest corner of Lot Four (4) of said Block (10); Thence South 45°00°00" West of the Northwesterly line of Lots Five (5) through Thirteen (13) of Block Ten (10) a distance of 526.89 feet to the intersection of said line and the West line of said Melrose Lane Addition Seetion Two (2); Thence North 00°18°48” West on the West line of said Melrose Lane Addition Section Two (2), extended Northerly a distance of 658.19 feet to 2 point on the North line of said Northwest Quarter distance of 984.78 feet West of the Northeast corner of said Northwest Quarter. Thence North 89°46’42” East on the North line of said Northwest Quarter a distance of 374.51 feet to the point or Place of Beginning. [See Warranty Deed attached hereto as Exhibit “1”. 2. Defendant Vickey Hansard d/b/a Hansard Construction, a Mississippi resident, (“HANSARD ”) was Defendant 10 West’s contractor. 3. On or about September 21, 2017, Plaintiff entered into a contract with Defendant, HANSARD under which Plaintiff agreed to furnish labor and materials for the improvement of the real property (the “Contract”. 4. In November of 2017, Plaintiff performed its services under the Contract. 5. In November of 2017, Plaintiff demanded that Defendant, HANSARD , pay the balance due of $24,446.27 for labor and materials furnished under the Contract (the “Principal Amount”), but Defendant, HANSARD, has failed to pay the balance due. 6. Plaintiff has performed all conditions precedent to recover under the contract and has not excused the breach of contract by Defendant, HANSARD. 7. As a result of the breach of the contract by Defendant HANSARD, Plaintiff has sustained damages in the sum of Principal Amount, plus attorney fees, costs and interest. 8. On February 7, 2018, Plaintiff filed a Mechanic's or Materialman’s Lien Statement with the County Clerk of Oklahoma County (Book RE 13655, Page 1676). A copy of the Mechanic's or Materialman’s Lien Statement is attached as Exhibit “2”. Petition to Foreclose Meckanie’s Lien 29. Defendant, US. Bank, National Association, for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2018-SB45 (“US Bank”), may claim some title or interest in the real property by virtue of the recorded Assignment of Multifamily Mortgage, Assignment of Rents and Security Agreement recorded on January 30, 2018, in Oklahoma County, Oklahoma, Book 13649, Page 76, wherein it was assigned a “Multifamily Mortgage, Assignment of Rents and Security Agreement” dated August 4, 2017 and recorded August 7, 2017, Document Number 2017080701 1092460, in Book 13507, Page 885 which is attached hereto as Exhibit “3”. 10. Defendant, WAGGONER’S HEATING & AIR CONDITIONING, INC. may claim some title or interest in the real property by the recorded Mechanic’s Lien Statement of Claim recorded on January 2, 2018, in Oklahoma County, Oklahoma (Book RE13267, Page 1116), which is attached hereto as Exhibit “4”. COUNT I: Breach of Contract 11. Plaintiff adopts and realleges paragraphs 1-10 above as if fully set forth, and further states: 12. Defendant HANSARD has breached her obligation to pay Plaintiff pursuant to the Contract. 13. As a result of Defendant HANSARD’s breach, Plaintiff has suffered actual damages in an amount of $24,446.27, exclusive of interest, costs and attorney fees. WHEREFORE, Plaintiff requests judgment in the amount of Twenty-Four Thousand, Four Hundred Forty-Six Dollars and 27/100 ($24,446.27) together with interest, costs, attormey fees, and any further relief to which Plaintiff may be entitled. COUNT II: Unjust Enrichment / Quantum Meruit Petition to Foreclose Mechanic's Lien 314. Plaintiff adopts and realleges paragraphs 1-13 above as if fully set forth, and further states: 15. In the alternative, Defendant HANSARD has retained the benefits of the services tendered and material provided by Plaintiff, for which Defendant HANSARD knew or should have known that Plaintiff reasonably expected compensation at the time such services were tendered, and material provided. Plaintiff has thereby suffered damages in an amount of $24,446.27. WHEREFORE, Plaintiff requests judgment in the amount of Twenty-Four Thousand, Four Hundred Forty-Six Dollars and 27/100 ($24,446.27) together with interest, costs, attorney fees, and any further relief to which Plaintiff may be entitled. COUNT IIE Collection of an Open Account 16. Plaintiff adopts and realleges paragraphs 1-15 above as if fully set forth, and further states: 17. Plaintiff was retained by the Defendant HANSARD in Oklahoma County, Oklahoma to perform certain services on its behalf and, as a result, Defendant is indebted to Plaintiff in the sum of $24,446.27. 18. Defendant has failed and/or refused to pay the total amount due on the account although demands have been made upon it. 19. Plaintiff is entitled to judgment against Defendant HANSARD in the sum of $24,446.27, together with interest from the date of judgment until paid, a reasonable attorney’s fee, and all costs of this action. Petition to Foreclose Mechanic's Lien 4WHEREFORE, Plaintiff requests judgment in the amount of Twenty-Four Thousand, Four Hundred Forty-Six Dollars and 27/100 ($24,446.27) together with interest, costs, attorney fees, and any further relief to which Plaintiff may be entitled. COUNT IV: Lien Foreclosure 20. Plaintiff adopts and realleges paragraphs 1-19 above as if fully set forth, and further states: 21. To secure and ensure repayment of the cost of the materials supplied in the improvement of the subject real property and improvements referenced above and more particularly described hereinbelow, Plaintiff properly executed and filed on February 7, 2018, Plaintiff filed a Mechanic's or Materialman’s Lien Statement (“M&M Lien”) with the County Clerk of Oklahoma County (Book RE 13655, Page 1676). A copy of the Mechanic's or Materialman’s Lien Statement is attached as Exhibit “2”. 22, The M& M Lien operates to encumber the ownership interests of the Defendants in the real property as described: Part of the Northwest Quarter (NW/4) of Section Thirty-Two (32), Township Twelve (12) North, Range Four (4) West of the Indian Meridian, in Oklahoma County, Oklahoma, more particularly described as: BEGINNING at a point on the North line of said Northwest Quarter (NW/4), a distance of 610.29 feet West of the Northeast corner of said Northwest Quarter (NW/4); thence South 0°20°07” East on the West line of Lots One (1) through Four (4), Block Ten (10) of Melrose Lane Addition Section 2, as shown on the recorded plat thereof, and on said line extended Northerly a distance of 287.06 feet to the Southwest corner of Lot Four (4) of said Block (10); Thence South 45°00°00” West of the Northwesterly line of Lots Five (5) through Thirteen (13) of Block Ten (10) a distance of 526.89 feet to the intersection of said line and the West line of said Melrose Lane Addition Section Two (2); Thence North 00°18°48” West on the West line of said Melrose Lane Addition Section Two (2), extended Northerly a distance of 658.19 feet te a point on the North line of said Northwest Quarter distance of 984.78 feet West of the Northeast corner of said Northwest Quarter. Thence North 89°4642” East on the North line of said Northwest Quarter a distance of 374.51 feet to the point or Place of Beginning. Petition to Foreclose Mechanic's Lien. 523, That Defendant 10 West may claim some tight or title interest in and to the subject property, the validity and priority of the same to be determined by order of this Court. 24. That Defendant, US Bank may claim some right title or interest in and to the subject property, the validity and priority of the same to be determined by order of this Court. 25. That Defendant, Waggoner’s Heating & Air Conditioning, Inc., may claim some right, title or interest in and to the subject property, the validity and priority of the same to be determined by order of this Court. 26. That Defendant OCCUPANTS OF THE PREMISES located at 7626 NW 10th St, Oklahoma City, OK 73127, may claim some right, title or interest in and to the subject property, the validity and priority of the same to be determined by order of this Court. WHEREFORE, Plaintiff requests a judgment (a) in rem against the Defendants 10 West, US Bank, Waggoner’s Heating & Air Condition, Inc., and Occupants Of The Premises located at 7626 NW 10th St, Oklahoma City, OK 73127; (b) ordering and decreeing that the lien and claim of Plaintiff in and to the real estate and the building and improvements erected thereon is a good and valid lien and claim for and in the amounts above set forth; (c) ordering said lien be foreclosed and that the real estate and the building and improvements erected. pursuant to the grant of such leasehold estate to be sold, with appraisements and the proceedings arising from the same to be applied to the payment of the costs herein, including attomeys fees, and the payment and satisfaction of the claims and judgments of Plaintiff and other lienholders in order of priority, and the surplus, if any paid into the Court to abide the further order of the Court; (d) adjudication the right, title and interest of Plaintiff and Defendants in and to the real estate and the building and improvements erected thereon and ordering that upon confirmation of sale, and Defendants and all persons claiming by through and under them since the commencement of this action shall be Petition to Forecluse Mechanic's Lien 6forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in and to the Liened Property, or any part thereof: and (e) awarding such other relief to which Plaintiff may be entitled, above premises considered. Petition to Foreclose Mechanic's Lien Respectfully submitted, Craig E. Brown, OBA # 17517 Evan A. McCormick, OBA # 30639 WHEELER, MORGAN, BROWN & MCCORMICK, PLLC 50 Penn Place, Suite 450 1900 N.W. Expressway Oklahoma City, OK 73118 Tele: (405) 840-5151 Fax: (405) 840-5183 cbrown@S50penniaw.com emecormick@50pennlaw.com Attorneys for PlaintiffsSTATE OF OKLAHOMA ) } 88: COUNTY OF OKLAHOMA j I, Craig E. Brown, being first duly sworn upon oath, states: That I am one of the attomeys for the Plaintiff in the above matter, and I know the contents thereof and that the statements therein contained are true and correct as I am informed and believe. Craig E. Brown y ee Subscribed and sworn to before me this 4 day of January My commission expi V:\cHents\CEB\Commion Energy Solutions\Common y. 10West\Pleadings\Petition. docx Petition to Foreclose Mechanic's Lien 820170807011092450 DEI 08/07/2017 08:46:46 AM Book:13307_Page:8! WARRANTY DEED Statutory Form Individual Know Ail Men by These Presents: THAT, Sam Investments, LLC duly organized and existing under and by party of the first part, In consideration of the sum of TEN and No/100 ($10.00) ald, the receipt of which is hereby acknowledged, does hereby ars Apartments, LLC party of the second part, the following descrity County, State of Oktahoma, to wit: ‘SEE ATTACHED EXHIBIT "A" FOR TAXID No.: 147943616 Grantee's Mailing Address: 301A Kanaas Street, El Seg together with ail the improvements thereon and the appu e gnging, and warrant the title to the same. TO HAVE AND TO HOLD said described premise: ajc @ seognd part, its helrs and assigns forever, free, clear and discharged of and from all for irg it li ‘encumbrances of whatsoever nature. SUBJECT Ao exfti record. IN WITNESS WHEREOF, the said party of {te caused these presents to be signed in its name by its Manager this 4th day of August, 2017. SAM INVESTMBATS, "y ¢ Stamps: $4350.00 PQRATION OR LLC ACKNOWLEDGMENT State of Oklahoma County of Oklahoma Bafore me, the underaign appeared, Steve Allen, to foregcing instrumesites deed of such ent r said County and State on this 4th day of August, 2017, personally ical person who subscribed tha name of the maker theraof to the ged to me thal same was executed as the free and voluntary act and in set forth, ‘The Oklahoma City Abstract & Titls Co. 1900 N.W. Expressway, #210 Oklahoana City, OK BUS RETURN TO: ‘Oklahoma Cay abstract & Tite Company 1800 NW, Expressway, Suite 219 ‘Oklahoma City, OK 73118, EXHIBITEXHIBIT "A" LEGAL DESCRIPTION Part of the Northwest Quarter (NW/4} of Section Thirly-Two (32), Township Twelve {12} Nora, Range Four Indian Meridian, in Oklahoma County, Oklahoma, more particularly described as: BEGINININ of sad Northwest Quarter (NW). a distance of 610.29 foot West ofthe Northesst dimer ov saat (NWI); Thanca South 0°20?" East on the West tine of Lots One (1) through Fou¢ (4), & Addon Section 2, as shown on the recorded plat therect, and on said ne extended comer of Lot Four (4) of said Block Tan (10):Thence South 45°C0'00\west rao Ee (8) through Thirtsen (13) of Black Ten (10) a distance of 526.89 feat to the intelgactiomngf sa ling of said Melrose Lane Addition Section Two (2), Thence North 00°18'48" West on the Vest line of fa Addition Section Two (2), extended Northerly a distance of 658.19 feat to a pa aid Nortiwest Quarter a distance of 984.78 feet West of the Northeast comer of sald Norwest aya ertsg North,89°48'42" East on the North tine of said Northwest Quarter a distance of 374.51 feet to théCAAT at 20190207010173560 @2/07/2019 04:06:27 PM Bk-RE13686 Pg: 1676 Pgs.6 mL State af Oklahoma County of Ollanama Oklahoma County Clark David 8. Hooten IN THE OFFICE OF THE COUNTY CLERK COUNTY OF OKLAHOMA, STATE OF OKLAHOMA MECHANIC'S OR MATERIALMAN’S LIEN STATEMENT STATE OF OKLAHOMA. ) ss, OKLAHOMA COUNTY ) KNOW ALL PERSONS BY THESE PRESENTS: That Common Energy Solutions, Inc. has and claims a lien upon the land, the building, the appurtenances and the improvements located at 7652 NW 10th St, Oklahoma City, OK 73127, situated in the County of Oklahoma, State of Oklahoma, and more particularly described as: Part of the Northwest Quarter (NW/4) of Section Thirty-Two {32), Township Twelve (12) North, Range Four (4) West of the Indian Meridian, in Oklahoma County, Oklahoma, more particularly described as: BEGINNING at a point on the North line of said Northwest Quarter (NW/4), a distance of 610.29 feet West of the Northeast corner of said Northwest Quarter (NW/4); thence South 0°20°07” East on the West line of Lots One (1) through Four (4), Block Ten (10) of Melrose Lane Addition Section 2, as shown on the recorded plat thereof, and on said line extended Northerly a distance of 287.06 feet to the Southwest corner of Lot Four (4) of said Block (10); Thence South 45°00'00” West of the Northwesterly line of Lots Five (5) through Thirteen (13) of Block Ten (10) a distance of 526.89 feet to the intersection of said line and the West line of said Melrose Lane Addition Section Two (2); Thence North 00°18°48” West on the West line of said Melrose Lane Addition Section Two (2), extended Northerly a distance of 658.19 feet to a point on the North line of said Northwest Quarter distance of 984.78 feet West of the Northeast corner of said Northwest Quarter. Thence North 89°46’42 East on the North line of said Northwest Quarter a distance of 374.51 feet to the point or Place of Beginning, JO WEST APARTMENTS LLC COMMON ENERGY SOLUTIONS ara KANSAS STREET 6904 NW 57TH ST NSIC EGUNDO CA 90245 BETHANY Ok 73008 ws EXHIBIT ' fo 2That the land, building, appurtenances and improvements are owned by 10 West Apartments, LLC, 301A Kansas Street, El Segundo, CA 90245, the owner of the Property and being the last known address whom Common Energy Solutions, Inc. claims a lien, and that the property is now presently occupied as Mulberry Parke. That the owner of the property is 10 West Apartments, LLC, 301A Kansas Strect, El Segundo, CA 90245. The claimant is Common Energy Solutions, Inc., 6904 NW 57% Street, Bethany, Oklahoma City, OK 73009. That the amount of the lien claimed totals $24,446.27. That the known address of the contractor Hansard Construction, 8086 Creekwood Circle ‘West, Southaven, MS 38671. That Hansard Construction hired Common Energy Solutions, Inc. to provide Electrical Services; That, pursuant to the contract, Common Energy Solutions, Ine. performed labor and furnished material used on or for the land, building, appurtenances and improvements as fully described hereafter on Exhibit “A” attached hereto and made a part hereof. That the date upon which the material or the equipment used on said land was last furnished or the labor last performed under contract was November 21,2017 and that this lien statement has been filed with the county clerk within ninety (90) days of said date.That prior to the filing of this lien statement, but no later than seventy-five (75) days after the last date of supply of material, services, labor, or equipment in which Common Energy Solutions, Inc. is entitled or may be entitled to lien rights, Common Energy Solutions, Inc. sent to the last-known address of the Contractor, Hansard Construction, 8086 Creek wood Circle West Southaven, MS 38671 and the Owner 10 West Apartments, LLC, 301A Kansas Street, El Segundo, CA 90245 and RA: National Registered Agents, Inc. of OK, 1833 South Morgan Road Oklahoma City, OK 73128 the Prelien Notice of Lien to Original Contractor and Property Owner; and has filed contemporaneously with this lien statement an Affidavit re: Prelien Notice of Lien to Original Contractor and Property Owner; That the said sum is just, due and unpaid, and that Common Energy Solutions, Inc. claims and has a lien upon the land, building, appurtenances and improvements described above, and against 10 West Apartments, LLC, 301A Kansas Street, El Segundo, CA 90245 in the amount of $24,446.27 as above set forth, according to the laws of the State of Oklahoma. LL DATED this ‘2 *“day of February 2018, Common Energy Solutions, Inc. By: E. Brown Its:_Attorney and Authorized RepresentativeSTATE OF OKLAHOMA ) ) ss. COUNTY OF OKLAHOMA +) VERIFICATION Craig E. Brown, of lawful age, being first duly sworn, upon oath says: That he is the Attorney and Authorized Representative of Common Energy Solutions, Inc. mentioned in the foregoing statement of Mechanic’s and Materialman’s lien; that he has read this statement and knows the contents thereof; that the name of the owner, the name of the contractor, the name of the claimant, the description of the property upon which the lien is claimed, and the items of the account as therein set forth, are just, (rue, correct and unpaid. CraigE. Brown, Attorney and Authorized Representative Subscribed and sworn to before me this T day of February 2018. #15006272 Craig E. Brown Wheeler, Morgan & Brown, PLLC 1900 N.W, Expressway, Suite 450 Oklahoma City, OK 73118 \CEBSERVER}Voll\clients\CEB\Common Energy Solutions\HansardContruction\Mulbery ParkeALienStatment 10 West. docxInvoice @SO' SOLUTIONS, 6904 NW 57th Street sae imanet Bethany, OK 73008 mvowe : Livi OK 77828 11212017 ut Bill To Hansard Construction. Vickey Hansard 8086 Creekwood Cirde West Southtaven, MS 38671 P.0, No. Terms Project Flaal Invoice Dus on receipt Mulberry Parke Quantity Description Rate Amount 1] Price to remove and install mew 4 Gang Meter Pack for the Unity Livted 28 7642 NW 10,750.00 10,750.00 10th Street Apartment Numbers 1. 2, 5, and 6. Unit Nuotbers 1, 5, and 6 were rewired due to a fire and replaced all existing wiring with copper conduotors and feeders for the rewired units was replaced as copper as well. Furnished all receptacles, switches, cutlet covers, and installed contractor provided lighting package. Phone # Fax E-mail Total $10.750.00 405-514-5659. 405-470-8622 d.howard@exsok.comO82 SOLUTIONS Invoice 6904 NW 57th Street om matey a Bethany, OK 73008 = Lic OK 77828 1122017 172 Bit To Hausard Construction Vickey Hansard 8086 Creekwoad Circle West Southhaven, MS 38671 P.O. No. Terms. Project Fined Gavaice Due on receipt Mulberry Parke Quantity Description Rate Amount Price to replace all receptacles, switches, install GFCI's in bathroon) and kitchen, outlet 25,970.06 25,970.06 covers fo accommodate aluminuin wiriug installed throughout the complex. Materials Deduct (Provided by Contractor) +12,253.79 -12253.79 The balance cemaiuing is $13.71627. (20180237010 173680 Filing Fee: $39.49 02/07/2018 4:05:27 PM, ML ] 7 7 Phone # Fax # E-mail Total $G.1156 2 403-5 14-5659 403-470-8622 d.howardi@oesok.conrThis instrument was prepared by and after recordation return to: McCoy & Orta, P.C. durisdiction: Oklahoma Couthy 100 North Broadway, 26" Floor Loan No.: Oklahoma City, OK 73102 M&O Ref: Telephone: (888) 236-0007 Loan Name FOR VALUE RECEIVED, FEDERAL HOME LO} whose address is 8200 Jones Branch Drive, a assigns, transfers, and sets over unto U.S, BAR TRUSTEE FOR THE REGISTERED COMMERCIAL MORTGAGE Sk MORTGAGE PASS-THROUGH C! whose address is One Federal Stree ” that certain related Mortgage Loari Assignor in and to the Multifam ignor”), conveys, ASSOCIATION, AS ORGAN CHASE MULTIFAMILY 2018-SB45, (“Assignee”), Sade EX-MA-FED, Boston, MA “express orimplied, except as set forth in eement, all the right, title and interest of Assignment of Rents and Security Agreement lultifamt¥y Mortgage, Assignment of Rents and Security Agreement or fate orn described therein, encumbering, among other things, the premises described in™§ improvements thereot A attached hereto and incorporated herein and the o Assignee, its successors and assigns forever. EXHIBITa Dated this {ly day of January, 2018, to be effective as of the 24 day of Jan 2018. FEDERAL HOME LOAN MORTGAGE a corporation organized and United States By: Name: Mary Eller Title: Director Multifamily STATE OF VIRGINIA § § COUNTY OF FAIRFAX § 7a On the le day of January/20/8 and for said State, personally appeare Operations, of Federal Home wie, the untérsigned, a Notary Public in len Slavinskas, Director, Multifamily proved to me on the basis g actoxy evitence to be the person whose name is subscribed to the within instyimefit and acknd ledgty to me that she executed the same in her authorized capacity, g a the instrument the person, or the entity upon behalf of whi persgn acted, executed the instrument, and that such PRATIMA JAGERDEO eration #1526292 RAT RR RORWEALTH OF VIRGINIA MY COMMISSION Exrires JUNE 30, 2020SCHEDULE A Multifamily Mortgage, Assignment of Rents and Security Agreement dat 2017, by 10 WEST APARTMENTS, LLC, an Oklahoma limited 1 Borrower"), to ARBOR AGENCY LENDING, LLC ("Originat\Le of $2,327,000.00, recorded on August 7, 2017, 2017080701 1092460, in Book 13507, Page 885 in the office’e Oklahoma County, Oklahoma ("Real Estate Records"); MORTGAGEEXHIBIT A LEGAL DESCRIPTION Part of the Northwest Quarter (NW/4) of Section Thirty-Two (32), Township Rango Foar (4) West of the Indian Meridian, in Oklahoma County, Oklahoma, described as: BEGINNING at « point on the North line of said distance of 610,29 feet West of the Nostheast corner of said Ne 8 South 02007" Bast on the West line of Lots One (1} through Fo D Melrose Lane Addition Section 2, as shown on. the recorded extended Northerly a distance of 287.06 feet to the South Blook Ten (10);Thence South 45°00 00" West on the Nor ‘Thisteen (13) of Black Ten {10} a distance of 526.89 fest to 4 ine ‘West line of said Melrose Lane Addition Section Two (] 48" West on the Weet line of said Melrose Lane Addition Seation Twe\ (2)Ne ’ a distances of 658.19 fast to a point on the Noxth line of said Ne Sola: meeWw WAGGONER? MECHANKGaL SERVICES LLC 1381 E INDIAN HELLS RO NORMAN, Of 7207 MECHANIC'S LIEN STATEMENT CLAIM ‘2OAB810201800 1359 oF BURZIZMNE 62:19:46 PA SA &L 4064 (2000) CBee Py Paes STATE OF OKLAHOMA Sutbee eaamay clark pavid 8, Hoosen SS COUNTY OF OKLAHOMA . \ Known all men by these presen: swat woggoners Hering, ¢ (ir Condition be se dun apne Hansard Conshnictton Compa __ ‘reas of Agusan doliues “ato F000, Oe wo me, and hate chi i made for and cnaxouncas SAW hinder units 4 COndbnsers and baron work was peformed and atts supplied by me tke LO_day of AGEMNIDer 2017]. sccording 0 an itemized sratement thereof, hetero amached marked “Exhibit A’ and made part of this smement: that suck work, labor, and matetials were done in pursuance of a.conmmact wich Cee ented renies atl op 4 @ yo wesT APARTMENTS LLC T. EL SEGUNDO, CA 90245 O-1314] vo pepe) Secon: 32 Totunship: 1an Range: dw Que NW see attached 2 In sald County and State; thac dhe sum ‘just due and unpaid, and I have claimed a lien jd building and upon che said prembses on which the same is sicuated, to the amount of $ ‘as above set forth, according vo the laws of the Seate of Oldahoma. Dated this y of, wi2. 4 I a STATE OF OKLAHOMA. $s COUNTY OF OKLAHOMA (of lawful age, being ee duly sworn, upon oath, says: That ‘abd in che foregoing Stexment of Mechanic's Liens thas he bad read said the contents thereof; that che memoe of the owner, name of the concructor, dhe name of the daimaat, the description of the property upon which the licn is claimed, and che items of the account 25 therein set ford, are jum, true, and correct. Subecebed and swoan to before me tis dayZe HG) oF aol L My commision xpi: 241°} 2.| “NA ( VL. WEATHER CULP Horary Public, State af Okahome ‘Commission # 17007782 My Comminaton ExpitpeQhi®-2024 Note: tach intend natonen! EXHIBIT‘EXHIBIT "A" LEGAL DESCRIPTION - Pat ns Norte rer (NE) of Soon Ty Tw (2), Touran Twa (12) No, Range Fou) West of he Indhan *erdian, in ONeharre County, Obdahome, more pasteedsrty dascribed 1 polit on the North ine cf said Northerest Quarter (NWA), 9 distance of 10.29 teal West ot Se Nrhess coma tell bores) Ovoter , Thence Sout O°2007" East on the West fre of Lots One (1) treugh Four fd}, Block Tim (10) of hieirae Lane ‘Additon Sontion 2, ax shows on tha recorded plat thereat, and on said five extended Nortuaty a diabene of 287.06 fac 1p fhe Soulrwest comes of Lot Four (4) of nad Biogk Ten {10)"Thence South 45°0000" West on the Northwestaty line of ‘Lots Five (5) through Thidesn (13) of Block Ten (10) distarioa of 528.09 faet to Cre Wiercaction of eald line and the WWect ‘Wha or Melrose Lane Adkition Secfinn Two (2), Thence North O0*18'48" West an the Weet fina of said Metroas Lane Addition Section Two (2), extended Northerly 9 distanos of B58. 19 feet io 2 point nn the Nor) Ine of said Northwest * ‘Quarter 4 dietanes of 984.78 feet West of the Nochesst comer of said Northwest Guarler, Thence North 8°48'42" Eat obs Nar fm of sod Nore Qua a aan of 374.81 lent the poor Fae of BagongInvoice Number: ARR17025. Date: 11/2972017 HEATING/AIR CONDITIONING Account No: 2436-001 Customer PO: 1361 E Indian His Re Terme: 10th of Month Woman, OK 73071 7 Phone: 495-279-2076 Reference: Farc 405-329-2096 Billing Address: Service Address: HANSARD CONSTRUCTION COMPANY MULLBERRY APARTMENTS PO BOX 2007 7642 NW 10TH STREET SOUTHAVEN, MS 38671 Oklahoma City, OK 73127 tem RRINSTALL zeipoteanisee (200 Filing Fon! $33.48 Nei dy of action ari azordance with hance sawemen The Sailor ratnina the tie to all materials arc property tnt herein have been made In tal, ‘Aceunts not pat win nity (30) days of native of iwc ae nda an iain pyre charge Of ~ tp sabe aes Buyer ogrens to eny reasenable atfomey ar colection fees inourred by Sellas in securing aayment for this contract, Non-Taxabic: 38,000.00 Taxable: $0.00 Sub Total $8,000.00 Sales Tax $0.00 Acsepied By Froigt Totat $8,000.00 Total Paid: Totat Due: $3,000,00 +IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA COMMON ENERGY SOLUTIONS, INC. AN OKLAHOMA CORPORATION Plaintiff, case! oghig =i 53 wee Vv. VICKEY HANSARD d/b/a HANSARD CONSTRUCTION; US. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., MULITFAMILY MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2018-SB45; 10 WEST APARTMENTS, LLC, an Oklahoma Limited Liability Company; WAGGONER’S HEATING & AIR CONDITIONING, INC., an Oklahoma Corporation; OCCUPANTS OF THE PREMISES Located at 7626 NW 10th St, Oklahoma City, OK 73127; Defendants. er ee eee SUMMONS TO THE ABOVE NAMED DEFENDANT(S): Vickey Hansard 8086 Creekwood Circle Southhaven, MS 38671-5414 You have been sued by the above-named plaintiff, and you are directed to file a written answer to the attached Petition in the court named above within twenty (20) days after service of this summons upon you exclusive of the day of service. Within the same time, a copy of your answer must be delivered or mailed to the attorney for the plaintiff. Unless you answer the petition within the time stated, judgment will be rendered against you for the relief demanded in the petition with costs of the action. Issued this lv day of January, 2019. Rick Warren, COURT CLERK By: ee (SEAL) Attorney(s} for Plaintiff(s) Name: WHEELER, MORGAN, McCORMICK & BROWNCraig E. Brown 50 Penn Place, Suite 450 1900 N.W. Expressway Oklahoma City, OK 73118 Phone: (405) 840-5151 th _- This summons was served on the [2 day of cave, 2019, and you must answer the petition within twenty (20) days after receipt. Signature of person serving summons. YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER, SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT STATED IN THE SUMMONS.U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Mail Only Rn ciC eo ae eee [Certified Mai Fee Ei Return Receipt harcccry) Tpit Signatore Restcted Delivery §. ls Extra Services & Fees (chock tox, acd lee as aPraprn) $ lrena Receipt (lector) 8 Postmark (Ccorttied Malt Restricted Datvery Here Act signature Receared 5 ?O1b 1370 0001 0033 8303 1m Complete items 1, 2, and 3. s Print your name and address on the reverse so that we can retum the card to you. 1 Attach this card to the back of the maliplece, ‘or on the front if space permits, om Tohees weir’ AT” 7. Article Addressed to: Vides Hensing . d ~ soaason NS 2361- address diferent from tem 1? Ces ° Mee iuor delivery adress below: ON Eiganorae Sager GUAM IVUUWIOUAUUTTDN (com atin 9590 9402 1788 6074 3936 62 Ma itn boy Pe Gdlinia Kimber (anctar fram sarvica label 1) Galeton Daley Rested Doery FS Corton * 2OLb 1370 0001 0033 8303 __ kakedveney Dabery “Pe Fon BBT1, July 2016 PSN 7580-02-000-9053 Domoaie Retrn Rapt | EXHIBIT