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CAUSE NO.
21* MORTGAGE CORPORATION IN THE DISTRICT COURT OF
Vv. JUDICIAL DISTRICT
JAMES B. DAVIS AND
JESSICA R. WATSON MONTGOMERY COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, 21* MORTGAGE CORPORATION, a foreign corporation doing business
in Texas and fully qualified to do business in Texas, hereinafter called Plaintiff, complaining of
JAMES B. DAVIS AND JESSICA R. WATSON, hereinafter called Defendants, and files
Plaintiffs Original Petition and for cause of action would respectfully show the Court the following:
DISCOVERY CONTROL PLAN
1 Discovery is to be conducted under Level 2 of the Texas Rules of Civil Procedure
190.
CITATION AND PARTIES
2. Plaintiff, 21‘ MORTGAGE CORPORATION, is a corporation duly authorized to
do business in the State of Texas.
3 Defendant, JAMES B. DAVIS, is an individual residing in Montgomery County,
Texas and may be served with citation at 8334 Crockett Martin Road, Conroe, Texas 77306.
4 Defendant, JESSICA R. WATSON, is an individual residing in Montgomery
County, Texas and may be served with citation at 8334 Crockett Martin Road, Conroe, Texas 77306.
JURISDICTION AND VENUE
5 This Court has jurisdiction of this matter, because the amount in controversy is within
the jurisdictional limits of this Court. Plaintiff is seeking monetary relief of $100,000 or less and
non-monetary relief.
6 The Defendants are natural persons who reside in Montgomery County, Texas.
Montgomery County is a proper county for venue of this suit, because it was the county of
Defendants’ residence at the time the cause of action accrued. Tex. Civ. Prac. & Rem. Code
§15.002(a)(2).
BREACH OF CONTRACT
7. On or about July 27, 2017, Defendants entered into a written Consumer Loan Note,
Security Agreement and Disclosure Statement, (“Contract”), by the terms of which Defendants
financed the purchase of a 2007 Palm Harbor Manufactured Home, Serial No. MP1513859AB,
(“Home”). A true and correct copy of the Contract is attached hereto as Exhibit “1.”
8 Plaintiff is the present owner and holder of such Contract and is entitled to payment
under the terms thereof, and Plaintiff's mortgage lien is duly noted on the Original Statement of
Ownership which is attached to and made part of the Contract.
9 The Contract expressly provides that, to secure payment thereof, the Defendants grant
to the holder thereof a security interest in the Home.
10. Plaintiff fully performed all of its duties and obligations under the terms of the
Contract. The Home was delivered to Defendants and remains in Defendants’ possession at this
time. All conditions precedent have been performed or have occurred.
11. Defendants failed to make payments as promised and defaulted under the terms of
the Contract. Plaintiff provided Defendants a notice of default and opportunity to cure, but
Defendants failed to cure the default. Thereafter, Plaintiff exercised its right to accelerate the unpaid
balance of the indebtedness due upon the Contract for which Plaintiff seeks recovery. The payoff
on the Contract good through June 1, 2023 is the sum of $55,799.92. Interest continues to accrue
on the unpaid principal in accordance with the Contract.
FORECLOSURE AND POSSESSION
12. Because of the Defendants’ default, Plaintiff is entitled to foreclose its security
interest in the Home against Defendants for which the Plaintiff hereby sues. Plaintiff is also entitled
to possession of the Home pursuant to Tex. Bus. & Com. Code §9.609, and if the above-described
Home is recovered and delivered to the possession of Plaintiff and sold at a private sale, Plaintiff
seeks a judicial declaration that the sale shall be deemed commercially reasonable pursuant to ‘Tex.
Bus. & Com. Code §9.627.
ATTORNEY FEES
13. The Contract expressly provides that, in the event of default, Plaintiff is entitled to
recover, in addition to all other sums due and owing, a reasonable amount as attorney fees, and all
costs of collection. In addition, Plaintiff made demand upon Defendants for payment of the claim
made the basis of this suit more than 30 days prior to the filing of this suit and is therefore entitled
to recover reasonable attorney fees pursuant to Tex. Civ. Prac. & Rem. Code §38.001, et seq. A
reasonable attorney fee for the Plaintiff in this suit would be the sum of at least $2,500.00.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays to the Court that Plaintiff
recover:
Judgment against Defendants, JAMES B. DAVIS AND JESSICA R.
WATSON, jointly and severally, for the deficiency balance due and owing
under the Contract, plus pre-judgment and post-judgment interest at the
contractual rate;
Foreclosure of Plaintiff's lien on the 2007 Palm Harbor Manufactured Home,
Serial No. MP1513859AB, and possession of the Home;
Attorney fees, including conditional awards in the event of appeal, with
interest after judgment at the contractual rate until paid;
Issuance of any writs necessary to obtain possession of the Home from
Defendants and all other occupants or parties in possession and other
remedies necessary to collect on the Home;
Costs of suit; and
Such other and further relief, both at law and in equity, to which Plaintiff may
be justly entitled.
Respectfully submitted,
UPTON, MICKITS & HEYMANN, L.L.P.
802 N. Carancahua St., Suite 450
Corpus Christi, Texas 78401
Telephone: (361) 884-0612
Facsimile: (361) 884-5291
Email: clittlefield@umhlaw.com
By: iZltrtiai 7
kK. CLIFFORD LITTLEFIELD
State Bar No. 00796960
ATTORNEYS FOR PLAINTIFF,
21“ MORTGAGE CORPORATION
CONSUMER LOAN NOTE, SECURITY AGREEMENT AND DISCLOSURE STATEMENT
Do not close before 7/27/2017 STM
LENDER: 21st Mortgage Corp. 620 Market St. Suite 100 Knoxville, TN 37902 NMLS No. 2280
Reference No: 2156821-0
Borrower's Name: dames B Davis Co-Borrower's Name: Jessica R Watson
Borrower's Address, 318 Somerset Ré Co-Borrower's Address: 318 Somerset Rd Ri
Conroe, TX 77306 Montgomery, TX 77316
In this Consumer Loan Note ("Note"), "Borrower" refers to all persons who sign this Note as "Borrower" and
“Co-Borrower’, jointly and severally. "Lender" refers to 21st Mortgage Corporation ("24st Mortgage"), and
its successors and assigns. Other capitalized terms are defined in the disclosures on this page and in the
section of this Note titled, "Itemization of Amount Financed." Borrower promises to advise Lender in
writing of any change of Borrower's mailing address while this Note is in effect. Lender should send any
papers or notices concerning this Note to Borrower's mailing address. On the date of this Note, Borrower
finances with Lender the manufactured home described below, together with the related services,
furnishings, equipment, appliances and accessories included with the manufactured home (collectively,
"Manufactured Home").
Description of Manufactured Home: Ci New _ i Used
MANUFACTURER: PALM |YEAR: 2007 APPROX. LENGTH:56 JAPPROX. WIDTH:28
HARBOR
SERIAL NO. IMP1513859A ISERIAL NO. IMP 1513859B
SERIAL NO. SERIAL NO.
SERIAL, NO. SERIAL NO.
PROMISE TO PAY: Borrower promises to pay Lender the ‘Unpaid Balance’ as listed under the “Itemization
of Amount Financed” plus interest. When Borrower signs this Note, borrower will also pay Lender any
“Prepaid Finance Charge” shown in the “itemization of Amount Financed.” Borrower authorizes Lender to
include the Prepaid Finance Charges in the Unpaid Balance, Lender will compute and charge interest on
the unpaid amount of the Unpaid Balance fram the Note date at the yearly rate of 9.880% (the ‘Note
Rate"). When Lender calculates interest, every year shall have 360 days and every month shall have 30
days. Borrower promises to pay interest at the Note Rate on the unpaid amount of the Unpaid Balance of
this Note until it is paid in full. (Interest after the final scheduled maturity date on this Note, however, shall
not exceed the maximum rate allowed by state law.
Borrower's Payment Schedule will be:
Number of Payments Amount of Payments When Payments Are Due
276 $525.23 Monthly, beginning 9/1/2017
BORROWER FURTHER PROMISES to pay Lender monthly payments in the number and amounts of
payments shown in Borrower's Payment Schedule, Borrower's first payment will be due on the firs! date
shown in Borrower's Payment Schedule, and subsequent payments will be due on the same day of each
month after that.
LENDER WILL APPLY EACH PAYMENT RECEIVED AS OF ITS SCHEDULED DUE DATE. If on the final
scheduled payment due date, Borrower still owes amounts under this Note, Borrower will pay those
amounts in full on thal date (the "Maturity Date"), Borrower will make all payments to 21st Mortgage Corp.,
620 Market St. Suite 100, Knoxville, Tennessee 37902, or any other address to which Lender directs
Borrower to send Borrower's payments.
Borrower's If Borrower's {1
2 fet Morigage: NMLS #2280 » 620 Market Street, 100, Kncaviie, TN 37902
= venw-2tsimorigage.com » Rob Clark NMLS
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EXHIBIT “1”
TRUTH IN LENDING DISCLOSURES
ANNUAL FINANCE Amount Financed Total of Payments.
PERCENTAGE CHARGE The amount of credit The amount Borrower will
RATE The dollar amount the provided to Borrower or have paid should
The cost of Borrower's credit will cost Borrower. on Borrower's behalf. Borrower make all
credit as a yearly rate payments as scheduled.
10.495% $90,336.48 $54,627.00 $144,963.48
INTEREST RATE AND PAYMENT SUMMARY
Rate & Monthly Payment
Interest Rate 9.880%
Principal + Interest Payment $525.23
Est. Taxes + Insurance (Escrow) $139.90
Total Est, Monthly Payment $665.13
Security; Borrower gives Lender a security interest in:
(@ The Manufactured Home, which will be located at 8334 Crockett Martin Rd, Conroe, TX 77308
Late Charge: If a payment is more than 15 days late, Borrower will be charged 5% of the amount of such
payment or $20, whichever is less.. Other references in this Note to the "Late Charge” refer to the amount
shown in the Delinquency and Default Section below.
Prepaymant: If Borrower pays off early, Borrower will not have to pay a penalty.
|Assumption: Someone buying the Manufactured Home may be allowed to assume the remainder of
Borrower's obligations under this Note on the original terms only if such person is approved by Lender.
{Other Information: Refer to the rest of this Note for additional information about nonpayment, default,
any required payment in full before the scheduled date and prepayment refunds and penatties.
IMDIA Refinancing Warning: There is no guarantee that Borrower will be able to refinance the loan to
obtain a lower interest rate and/or payment.
SECURITY INTEREST. To secure payment of all sums due or which become due under this Note, and
Borrower's performance of all other terms of the Note, Borrower grants Lender a first priority security interest
in (1) the Manufactured Home, and all accessions, attachments, accessories, replacements and additions
to the Manufactured Home, whether added now or later; (2) the “Property" described in any mortgage or
deed of trust Borrower gives to Lender; (3) Borrower's rights to refunds of premiums for and payments
under, and praceeds of any insurance or any extended warranty or service contract purchased with the
proceeds of this Note; (4) any amounts held in escrow by Lender for Borrower; and (5) proceeds and
products of all of the foregoing (collectively, the "Collateral"). Lender's security interest shall remain in
effect until Borrower pays, in full, all amounts due under the Note. Despite any other provision of the Note,
however, Lender is not granted, and does not have, a non-purchase money security interest in household
goods, to the extent such a securily interest is prohibited by applicable law. Borrower will pay any filing or
recording fees necessary for Lender to obtain and hold a first priority security interest. To the extent
allowed by law, Borrower also agrees to pay any release, discharge or termination fees, after the Borrower
pays the Note in full. Borrower agrees to execute any application for certificate of title or ownership,
financing statement or other document necessary to perfect Lender's security interest in the Manufactured
Home. Borrower authorizes Lender to sign Borrower's name to any financing statement or application or
other document necessary to perfect the security interest granted by Borrower herein. If Lender is taking a
security interest in real property, such interest is reflected in a mortgage or deed of trust signed in
conjunction oo this Note,
Borrower's LL. sora,
2st HorgageCo NMLS #2280 + G20 Mackel Greet, Slts 100, Kncnte, TN 7802
' = www.2 tstmorigage.com
* Rob Clark NMLS
TX Varsion 1016 Pega 2 oto
ITEMIZATION OF AMOUNT FINANCED:
1. Cash Price
a, Manufactured Home** $66,400.00
b, Sales Tax
¢. Total Cash Price (1a plus 1b) $66,400.00
2. Down Payment
a, Cash Down Payment $13,300.00
b. Net Trade-in Allowance
Trade-i
Length: Width:
Liens:
c. Other Credits:
d. Total Down Payment (2a plus 2b plus 2c) $13,300.00
3. Unpaid Cash Price for Purchase or Refinance
a. Unpaid Portion of Cash Price (1c minus 2d) OR $53,100.00
b. For a Refinanced Loan, Amount Paid to Others
4. Amounts paid to others on Borrower's behalf
a. Financed
i. Certificate of Title Fees $110.00
i , TX Form T $100.00
iii, TX Inv Tax $263.00
iv, Homeowner's Insurance Premium $1,054.00
b, Paid in Cash
5. Prepaid Finance Charges (includes items paid to third parties; items may be financed in part and paid
in cash in part)
Financed
i. Origination Points/Fee $2,522.25
i . Flood Oatermination/Monitoring Fee $8.00
b. Paid in Cash
6. Loan Amount (3 + 4a + 5a - Seller Cradit of $0.00 - Lender $67,157.25
Credit
of $0.00)
7. Prepaid Finance Charges (total of all items in 5) $2,530.25
8. Amount Financed (6 minus 7) $54,627.00
** Lender may retain, or receive, a portion of these amounts
Security interest termination, release, discharge or satisfaction faes paid upon termination will vary based
upon applicable law. This fee is not paid by Borrower at closing.
THIS SPACE LEFT INTENTIONALLY BLANK
Borrower's wf Damen tei
2iat Morgane Cou y NMS #2280 + 620 Markel Street, Suite 100, Koone, TH 37002
1 + www 2 tstmarigage.com + Rob Clark N
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SS
PROPERTY INSURANCE
PROPERTY INSURANCE ON THE MANUFACTURED HOME IS REQUIRED FOR THE TERM OF
THIS
NOTE, BORROWER HAS THE RIGHT TO OBTAIN SUCH INSURANCE FROM ANYONE AUTHORI
LAW TO SELL IT. LENDER MAY REFUSE TO ACCEPT BORROWER'S PROPERTY INSURAN ZED BY
CE FOR
GOOD CAUSE. Borrower elects to finance through Lender the below listed property
insurance of the
specified type, term and premium.
Hazard Insurance Provider Jem Premium
21st Insurance 12 MONTHS $1,054.00
* A separate flood or wind insurance Policy may or may not be reflected in the information
above or
financed as part of the loan. Borrower should refer to the appropriate insurance policy documents for
more details.
O [} Aico ey
Borrower's signature below indicates Borrower's election ingnce the above {i ist property insurance for
Pe pre term ng reyfiuin shown,
mee ele tale te) 2222119
apes B Davis Date vessy R Watson Date
PROPERTY INSURANCE: Borrower is required to insure the Manufactured Home against physical
damage, including loss by fire, hazards included within the term "extended coverage," and any other
hazards for which Lender requires insurance, for the term of tha Note al Borrowers expense. If Borrower
financed the premium, the premium is financed over the term of the Note, even though the term of
insurance is less than the Note term. The Borrower must obtain the types and amounts of Insurance
coverage required by Lender, including flood insurance if applicable. The insurance policy must
contain a
loss payable clause protecting Lender (as Lender's interest may appear), and provide for at least 3 10 day
notice of cancellation to Lender. Borrower agrees to provide written proof of such coverage to Lender
within § days of Lender's request. I t
PROPERTY. Lender reserves the right to refuse to accept, for
good cause, an insurer chosen by the Borrower. Lender will send Borrower a written statement explaining
the reason for such refusal upon Borrower's request. If Borrower's insurance coverage expires or
is canceled
Prior to payment in full of this Note, Borrower must obtain coverage in the amounts, types, and for the
periods that Lender requires at Borrower's expense for the remaining term of the Note. Lender's property
insurance coverage requirements can change during the term of the Note. Should Borrower fail to provide
or maintain property insurance or fall to provide Lender with satisfactory evidence of coverage, or should
the property insurance, for any reason, not protect Lender's interests, Lender, in its sole discretion,
may
obtain property insurance that mests its requirements, but is under no legal obligation to do so. Before
obtaining insurance in these circumstances, Lender will, in good faith, attempt to inform Borrower in
writing of the need for Borrower to obtain property insurance and/or to provide evidence thereof. If
obtained by Lender, Lender will add the cost of the insurance to the amount due under the Note That
amount will become due and payable upon demand by the Lender, in payments added to Borrower's
scheduled payments, or as otherwise requirad by Lender. Lender may charge Borrower interast on such
cost al the Note Rate, unless prohibited by applicable law. The property insurance obtained by Lender
may have material differences from insurance initially financed under the Note or from insurance obtained
by the Borrower initially or at any time during the term of the Nota. Such insurance may be significantly
more expensive to Borrower than if Borrower obtained the insurance, Consequently, Lender makes the
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Borrower's initials. WEL ratomones tridae fi
mminsfin NMLS #2280 + 620 Markel Streel, Suite 100, Knaxvile,
1s wwe.21stmartgage
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TN 37802
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a
following disclosures to Borrower: (a) The property insurance that Lender obtains is intended solely to
protect the Lender's interest hereunder, and Lender may not obtain coverages beyond those to insure loss
of or damage to the Manufactured Home: in particular, such insurance may not provide coverage for
personal effects, adjacent structures, medical expenses or personal liability; additionally, such coverage
may not insure the Manufactured Home in an amount equal to the Unpaid Balance due under this Note
and, consequently, in the event of loss or damage, the insurance may not pay the full amount of the
Unpaid Balance of the Note; (b) If Lender obtains this insurance due to Borrower default, Borrower
acknowledges and agrees that Lender has no duty to obtain insurance on behalf of Borrower which is the
least expensive, or which has a competitive marketplace premium or any other particular feature or special
benefit; (c) Lender or its affiliates may be reimbursed for expenses and may profit from taking action to
cure Borrower's default by providing and maintaining such insurance; (d) Borrower's execution of this Note
authorizes Lender to provide third parties with any information necessary to obtain insurance on the
Manufactured Home and monitor the status of such insurance; and (e) Borrower may, as stated above, at
any time, including after Lender obtains property insurance on Borrower's behalf, obtain insurance through
an agent or insurer of Borrower's choice. Upon so doing, Borrower may provide Lender with sufficient
evidence of insurance coverage, at which time, Lender will cancel the insurance coverage it obtained on
Borrower's behalf, obtain any refund due on the unearned portion of the premium, and apply the refund to
the Unpaid Balance of the Note. Property insurance proceeds (whether such insurance has been obtained
by Borrower or Lender) shall be applied to the restoration or repair of the Manufactured Home, if it is
economically feasible and does not lessen the Lender's security interest in the Manufactured Home. ff this
is not the case, or if the insurer determines that the Manufactured Home represents a total loss under the
coverage, Lender will apply such insurance proceeds to reduce all amounts owing under this Note,
whether or not such amounts are due and payable. Borrower authorizes Lender to (a) adjust or settle
Borrower's claim for loss under such insurance; (b) sign Borrower's name to any check, draft or other
documents necessary to obtain such insurance proceeds; and {c) hold such insurance proceeds until
Lender has the opportunity to inspect the Manufactured Home and ensure that work to restore or repair the
Manufactured Home is completed to Lender's satisfaction, without incurring an obligation to pay Borrower
earnings or interest on such proceeds. Lender may disburse proceeds in a single payment or a series of
payments and Borrower authorizes any insurer to make such payment directly to Lender. If insurance
proceeds paid to Lender do not satisfy all amounts Borrower owes to Lender under this Note, Borrower is
responsible for paying the balance.
BORROWER'S RIGHT TO PREPAY: BORROWER MAY PREPAY ANY AMOUNTS DUE UNDER THIS NOTE
AT ANY TIME WITHOUT PENALTY. A Principal only payment is known as a "Prepayment." Lender will not
treat a payment as a Prepayment unless Borrower previously made all monthly payments of principal and
interest and fully paid and satisfied all other obtigations due under this Note. lf Borrower meets these
conditions, Borrower may make a Prepayment by sending such Prepayment in accordance with the
instructions provided by Lender in a monthly billing statement, or payment coupon, or otherwise as
directed by Lender. Borrower may make a full Prepayment or partial Prepayments without paying a
Prepayment charge. If Borrower (1) prepays this Note in full, or (2) defaults and fails to cure the default
and Lender demands payment of the entire balance due on this Note, no portion of any Prepaid Finance
Charge will be refunded, All Prepaid Finance Charges are earned at the time this Note is made.
ESCROW ITEMS: To the extent permitted by law, Lender may, at Lender's option, require Borrower to
make payments in addition to those set forth in Borrower's Payment Schedule ("Escrow Payments") which
Lender will collect and hold for (1) the payment of property insurance premiums required under this Note,
(2) the payment of taxes and assessments, and (3) othar items which might attain priority over Lender's
security interest (each, an "Escrow Item”). Lender will use Borrower's Escrow Payments to pay Escrow Items
as they come due. THE BORROWER'S PAYMENT SCHEDULE IN THIS NOTE DOES NOT INCLUDE ANY
AMOUNT TO BE PAID UNDER ANY SUCH\ESCROW ACCOUNT.
Borrower's Initials, 0-Borrower's In
ist MorganeCa NMLS #2280 « 620 Market Sireet, Sute 100, sone, TN 37902
-000-855-0021
+ www.2)simortgage.com + Rob Clark NI
TX Version 2152016 Page 50! 9
SERVICING CHARGES: Borrower agrees to pay all reasonable charges for Lender's performance of
additional services requested by Borrower in connection with the servicing of this Nate, to the extent
permitted by applicable law.
ADVANCES TO PROTECT THE COLLATERAL: if Borrower fails to pay for required insurance, if Borrower
fails to pay park or lot rent (and any other related charges), if Borrower fails to satisfy taxes, assessments, or
other liens or encumbrances against the Manufactured Home, If Borrower fails to keep the Manufactured
Home in good repair or if Borrower fails to make any other payments required by this Note or applicable
law, Lender may (but is not required to) make such repairs or payments as Lender chooses, Lender will add
any and all such payments and any amounts Lender pays to protect or enforce Lender's security interest to
the amount Borrower owes Lender under this Note, and all such amounts will be secured by the Collateral,
At Lender's sole option, Lender may (1) demand that Borrower repay these amounts immediately, or (2)
add thesa amounts to Borrower's regularly scheduled payments, or (3) add these amounts as additional
installments due, or (4) add these amounts to the final installment due on this Note. Unless prohibited by
law, Borrower agrees to pay interest at the Note Rate on any amounts that Borrower does not repay
immediately.
DELINQUENCY AND DEFAULT: Time is of the essence. if a payment is more than 15 days late, Borrower
will be charged 5% of the amount of such payment or $20, whichever is less.. If any check, negotiable
instrument of withdrawal, electronic payment draft or any other instrument is dishonored by Borrower's
financial institution, Borrower will pay a fee of $20.00, in addition to being required to make payment on
the item. Borrower will be in default under this Note if: (1) Borrower fails to make any payment when due,
(2) Borrower otherwise fails to perform any of Borrower's obligations under this Note or under any mortgage
or deed of trust which secures this Note, In the event of Borrower's default, Lender will give Borrower notice
of the default and right to cure the default ("Notice of Default"). Borrower is not entitled to a Notice of
Default if Borrower abandons or voluntarily surrenders the Manufactured Home, or if other extreme
circumstances exist. Borrower is not, under any circumstances, entitled to a Notice of Default more than
twice in any one year period. If Borrower does not cure the default within 30 days after the postmarked
date of the Notice of Default, or if a Notice of Default is not required to be sent, Lender may (1) accelerate
the maturity of the debt and require Borrower to pay Lender the entire remaining balance and all other
amounts due under the Note, (2) require Borrowerto make the Manufactured Home available to Lender,
(3) take legal action against Borrower, (4) repossess the Manufactured Home, (5) enforce such rights and
remedies available to Lender under the Uniform Commercial Code and other applicable law, and (6)
foreclose on the real property, if applicable. Lender, at its sole option, may elect to sever and remove the
Manufactured Home from any real property where it is located, regardless af whether the real property
secures this Note. In the event of default, Borrower also agrees to pay Lender's expenses for (a) reasonable
attorney's fees permitted under law after referral to an attorney who is not a salaried employee of the
Lender; (b) court costs and disbursements; and (c) costs of repossessing the Manufactured Home including
the costs of storage, reconditioning, and resale. Before Lender sells the Manufactured Home, Borrower can
get the Manufactured Home back if Borrower either (1) pays off the Note by paying Lender the entire
temaining balance and all other amounts due under the Note (redeem), or (2) cures the default by paying
Lender the amounts which are past due, including Late Charges (reinstate). Regardless of whether
Borrower redeems or reinstates, and before Borrower can get the Manufactured Home back, Borrower must
also (1) pay Lender the cost of taking, storing and redelivering the Manufactured Home and other
expenses Lender incurs, (2) pay Lender all other charges and other expenses provided for under this Note;
(3) pay any amounts advanced by Lender to protect the Collateral, without regard to any agreement to
repay such amounts advanced on a periodic basis, including but not limited to unpaid insurance
premiums, park or lot rent, taxes, assessments or simitar items; and (4) cure any other defaults, Borrower's
fights to redeem and/or reinstate end upon sale of the Manufactured Home unless otherwise required by
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Bortawers Init o-Borrower's init
2ist Morigage IMLS #2280 » 620 Market Street, Suite 100, Knoxvile, TN 37902
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ee
Jaw. All rights and remedies under this Note and any mortgage or deed of trust executed herewith are
cumulative, but Borrower's right to a written notice of default and 30 days to cure, as set forth in this Note,
shall not be affected by any inconsistent provision of any mortgage or deed of trust. Any personal property
of Borrower's located in or attached to the Manufactured Home and not subject to Lender's security interest
may be held by Lender without liability if the Lender fepossesses the Manufactured Home. Borrawer will
be deemed to have waived any claim to such personal Property unless written demand by certified mail is
made upon Lender within twenty-five (25) days after repossession. If Borrower fails to give Lender such
written demand, Lender may dispose of such personal property,
INFORMATION SHARING: Lender may investigate Borrower's credit history and credit capacity in
connection with establishing, modifying, extending, and/or enforcing Borrower's account. Lender may
teport information about Berrower’s account to credit bureaus. Late payments, missed payments, or other
defaults on Borrower's account may be reflected in Borrower's credit report. Lender may also verify
Borrower's employment, income, assets, and debts; and anyona receiving a copy of this Note is hereby
authorized to release such information to Lender. Borrower authorizes Lender to release to third parties
any information necessary to monitor the status of insurance on Borrower's Manufactured Home, and to
obtain the insurance described in this Note. If Borrower's Manufactured Home is on rented property or
property that is not owned by Borrower, Borrower authorizes Lender and Borrower's landlord (or the
property owner) to exchange information as to Borrowers obligations to Lender under this Note and the
status of such obligations, information relating to Lender's security interest in Borrower's Manufactured
Home, and information regarding the lease or arrangement between Borrower and landlord (or the
property owner), as well as the obligations and status of such obligations ta landlord (or the property
owner). Whether or not the Borrower rents the Manufactured Home to a party in accordance with the terms
of this Note, Borrower authorizes Lender and Borrower's renter to exchange information as to Lender's
security interest in Borrower's Manufactured Home and the rental agreement or arrangement, as well as to
the obligations, and the status of such obligations of Borrower to Lender under this Note. This provision
also applies to any Co-Signer who executes this Note,
OTHER TERMS AND CONDITIONS: Borrower will not move the Manufactured Home without Lender's prior
written consent. Borrower will not sell the Manufactured Home without Lender's prior written consent.
Borrower will not encumber or abandon the Manufactured Home, nor allow any lot lien, landiord lien, or
similar lien, which may by law be superior to Lender's security interest, to encumber the Manufactured
Home. Borrower will not use the Manufactured Hame for illegal act Borrower will not use the
Manufactured Home for business or hire, or rent it to another party, without obtaining Lender's prior written
consent. Borrower will pay promptly alt taxes, assessments, and any liens and encumbrances on the
Manufactured Home, Sorrower will notify Lender promptly of any loss or damage to the Manufactured
Home, as well as any condemnation, confiscation or theft of the Manufactured Home. Upon Lender's
request, Borrower will promptly provide Lender with proof satisfactory to Lender that: (1) Borrower has the
insurance required under this Note: (2) Borrower has paid all taxes assessed against the Manufactured
Home; (3) Borrower has paid all park or lot rent (and any other related charges) due, (4) Lender holds the
only lien against the Manufactured Home; (5) the Manufactured Home is in good condition and repair,
and (6) Borrower has complied with ail of the promises Borrower made in this Note. Lender may inspect
the Manufactured Home at any time. If Borrower is married, and residing in a community property state,
both Borrower's community properly and separate property are liable for all payments under this Note.
Borrower waives all marital rights, hamestead exemption and other exemptions relating to the Collateral.
Borrower will cooperate with Lender regarding any requests after closing to correct any errors with respect
to this Note of the transaction and agrees to provide any and all additional documentation deemed
necessary by Lender to complete this transaction. Lender may rely on a telecopy, Photocopy, or
electronically imaged copy of this Note as if it were an original, including use in legal proceedings or
arbitrations. Borrower acknowledges that any broker or other third party used to facilitate this transaction
may receive cop ps sation from Lende: is services,
i
Borrower's I 10-Borrower’s |
bh ‘ist Mortgage zor ton NMLS #2280 « 620 Market Streel, Suite 100, Knoxville,TN
y + wew.2 tetmorigage.com
155-0024 » Rob Clark NMLS:
37902
1X Versio Page Tots
ASSUMPTION: Someone buying the Manufactured Home may assume the remainder of Borrower's
obligations under this Note on the original terms only if such person is approved by Lender.
ASSIGNMENT: Lender may assign this Note to any person or entity. All rights granted to Lender under this
Note shall apply to any assignee of this Note.
WAIVER AND MODIFICATION: Lender's waiver of any default shall not constitute a waiver of any other
default, The procurement of required property insurance, or the payment of taxes, or other liens, or other
charges, by Lender shall not be a waiver of Lender's right to accelerate the maturity of this Note and
declare default herein, To the extent permitted by law, Borrower agrees to give up Borrower's rights to
require Lender to do certain things, Borrower does not give up any rights that are provided in this Note,
Unless the law or this Note provides otherwise, Lender is not required to: (1) demand payment of amounts
due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate
amount, time, or manner; or, (3) give notice that Lender intends to make, or is making, this Note
immediataly due, Without limiting the foregoing, Borrower waives any and all rights to notice of dishonor,
presentment, protest, demand, and notice of intent to accelerate and notice of acceleration.
WARRANTIES: LENDER MAKES NO WARRANTIES ON THE MANUFACTURED HOME, AND EXPRESSLY
EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, UNLESS GIVEN TO
BORROWER BY LENDER IN WRITING AT THE TIME OF SALE, BORROWER AGREES THAT THE YEAR
OF THE MANUFACTURED HOME IS FOR IDENTIFICATION PURPOSES ONLY AND MAY NOT BE THE
BASIS FOR A WARRANTY OR OTHER CLAIM AGAINST LENDER. THE ABOVE DISCLAIMERS DO NOT
AFFECT ANY WARRANTIES COVERING THE MANUFACTURED HOME THAT MAY BE PROVIDED BY
THE MANUFACTURER, OTHER THIRD PARTIES, OR THAT ARE REQUIRED BY LAW.
VALIDITY AND EFFECTIVENESS: Wherever possible each provision of this Note shall be interpreted in
such a manner as to be effective and valid under applicable law. If any provision of this Note is prohibited
by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, however, the remainder of such provision or the remaining provisions of this Note shall not be
invalidated, This Note shall be governed both as to issues of formation and performance by the laws of the
State of Texas and applicable federal law. This Note shall have no effect until and unless signed by
Borrower and Lender. Lender does not intend to charge or collect any interest, charge, or fee greater than
the law altows. If Lender charges or collects any amount greater than what the law allows, Lender will
apply the excess to the Unpaid Balance and any other amounts due under the Note and shall refund any
excess, Lender will treat any amount applied to the Unpaid Balance as a partial Prepayment.
ENTIRE AGREEMENT. THIS NOTE, ANY SEPARATE ESCROW AGREEMENT, AND ANY MORTGAGE OR
DEED OF TRUST, TOGETHER, THE “ENTIRE AGREEMENT DOCUMENTS," SHALL CONSTITUTE THE
ENTIRE AND FINAL AGREEMENT BETWEEN BORROWER AND LENDER AND MAY NOT BE
CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE
PARTIES.
GUARANTY: Any Co-Signer signing the guaranty of this Note agrees that all amounts owed under this
Note will be paid when due. Co-Signer’s obligation continues even if Borrower is released or if Lender
waives or delays enforcement of any rights under this Note. Lander need not give Co-Signer notice of any
such waiver, delay or release. See Notice to Co-Signer before signing this guaranty,
Borrower's Inti Go- Borrower's init [\
2ist Morigage fared NMLS #2280 » 620 Market Street, Sutla 100, Knoxville, TN 37902
-800-95 +1 » wwew.2 Tstmortgage.com « Rob Clark NMLS #202264
TX Version 2/9/2056 Pago Bato
eee
=
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES
WHICH THE DEBTOR (BORROWER) COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES
OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE
DEBTOR (BORROWER) SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR (BORROWER)
HEREUNDER.
NOTICE TO THE CONSUME!
DO NOT SIGN THIS DOCUMENT BEFORE YOU READ IT ORIF IT CONTAINS ANY BLANK SPACES. YOU
ARE ENTITLED TO A COPY OF THE DOCUMENT YOU SIGN, UNDER THE LAW YOU HAVE THE RIGHT TO
PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CIRCUMSTANCES OBTAIN A
SUBSTANTIAL REFUND OF THE CREDIT CHARGE. KEEP THIS DOCUMENT TO PROTECT YOUR LEGAL
RIGHTS,
TO CONTACT 21ST MORTGAGE CORPORATION ABOUT THIS ACCOUNT CALL (865) 523-2120 OR (800)
966-0021, THIS CONTRACT IS SUBJECT IN WHOLE OR IN PART TO TEXAS LAW WHICH IS ENFORCED
BY THE OFFICE OF THE CONSUMER CREDIT COMMISSIONER, WHICH MAY BE CONTACTED AT 2604
N, LAMAR BOULEVARD, AUSTIN, TEXAS 78705-4207; (800) 538-1579; (612) 936-7600;
CONSUMER.COMPLAINTS@OCCC.STATE.TX.US; OR, WWW.OGCC.STATE.TX.US, AND CAN BE
CONTACTED RELATIVE TO ANY INQUIRIES OR COMPLAINTS.
SIGNATURE OF BORROWER(S): "Borrower" refers to all persons who sign this Note as “Borrower”
and "Co-Borrower", jointly and severally. Borrower's signature(s) below Indicates the following: 1)
Borrower has fully and completely read all of this Note; 2) Borrower has consulted independent legal
counset to clarify any matters, if Borrower deemed such was necessary; 3) Borrower has no
questions regarding any matters contained in this Note and understands all terms, conditions and
obligations set farth in this Note; and, 4) Borrower agrees to fully satisfy and abide by all terms,
conditions and obligations set forth in this Note.
sand B Das 1-27-19 x 9-22-19
jashes B Davis Date Jess} R Watson, Date
NOT VALID UNLESS ACCEPTED BY LENDER: Aaron New
21ST MORTGAGE CORPORATION
ay. Sarah New| We 4-317
Printed Name Title Date
Initiating below is not necessary. Borrower(s} should sign above.
borrowers innate f/5K oar’ ts
2ist Mortgage Ce #2280 + 820 Markel Sueel, Suite 100. Knoxvile, TN37902
‘ WwHW.2 tstmortgage.com » Rob Clark NMLS #202264
1X Version 2016 Page Dolo
—
‘Texas Department of Housing and Community Affairs, Manufactured Housing Division
ORIGINAL STATEMENT OF OWNERSHIP
(On January Ist of each year, a tax lien comes into existence on @ manufactured home in favor of each taxing unit in the jurisdiction where the home i actually located on Janusty Ist. In
order to be enforced, any such lien must be recorded with the Texas Department of Housing and Community At ss, anufuctured Housing Division as provided by lave. You may check
our records through our website or contact us to lear of any recorded tax liens. To find out about the amount of any unpaid tax liabilities, contact the tax office for the county where the
hhome was actually located on January Ist ofthat year
Certified Copy of Original Statement of Ownership
Date Issued: 11/16/2017 Certificate Number: MH00694735
Manufacturer Label/Seal No. Serial No. Weight Size
MHDMAN00000295 PFS0985315 MP1513859A 27,505 14.0 = 60.0
PALM HARBOR MANUFACTURING LP PFS0985316 MP1513859B 28,101 14.0 x 60.0
6901 BOWMAN ROBERTS RD.
FORT WORTH, TX 76179
Model Date of Manufacture Effective County Where Installed Wind Zone Total Sq Feet
Date of Transfer
MPP360G5 10/25/2006 T2017 MONTGOMERY 1 1640
‘The Owner(s) have elected to declare the manufactured home as: Owner of Record
PERSONAL PROPERTY
Preview
CAUSE NO. 21* MORTGAGE CORPORATION IN THE DISTRICT COURT OF Vv. JUDICIAL DISTRICT JAMES B. DAVIS AND JESSICA R. WATSON MONTGOMERY COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, 21* MORTGAGE CORPORATION, a foreign corporation doing business in Texas and fully qualified to do business in Texas, hereinafter called Plaintiff, complaining of JAMES B. DAVIS AND JESSICA R. WATSON, hereinafter called Defendants, and files Plaintiffs Original Petition and for cause of action would respectfully show the Court the following: DISCOVERY CONTROL PLAN 1 Discovery is to be conducted under Level 2 of the Texas Rules of Civil Procedure 190. CITATION AND PARTIES 2. Plaintiff, 21‘ MORTGAGE CORPORATION, is a corporation duly authorized to do business in the State of Texas. 3 Defendant, JAMES B. DAVIS, is an individual residing in Montgomery County, Texas and may be served with citation at 8334 Crockett Martin Road, Conroe, Texas 77306. 4 Defendant, JESSICA R. WATSON, is an individual residing in Montgomery County, Texas and may be served with citation at 8334 Crockett Martin Road, Conroe, Texas 77306. JURISDICTION AND VENUE 5 This Court has jurisdiction of this matter, because the amount in controversy is within the jurisdictional limits of this Court. Plaintiff is seeking monetary relief of $100,000 or less and non-monetary relief. 6 The Defendants are natural persons who reside in Montgomery County, Texas. Montgomery County is a proper county for venue of this suit, because it was the county of Defendants’ residence at the time the cause of action accrued. Tex. Civ. Prac. & Rem. Code §15.002(a)(2). BREACH OF CONTRACT 7. On or about July 27, 2017, Defendants entered into a written Consumer Loan Note, Security Agreement and Disclosure Statement, (“Contract”), by the terms of which Defendants financed the purchase of a 2007 Palm Harbor Manufactured Home, Serial No. MP1513859AB, (“Home”). A true and correct copy of the Contract is attached hereto as Exhibit “1.” 8 Plaintiff is the present owner and holder of such Contract and is entitled to payment under the terms thereof, and Plaintiff's mortgage lien is duly noted on the Original Statement of Ownership which is attached to and made part of the Contract. 9 The Contract expressly provides that, to secure payment thereof, the Defendants grant to the holder thereof a security interest in the Home. 10. Plaintiff fully performed all of its duties and obligations under the terms of the Contract. The Home was delivered to Defendants and remains in Defendants’ possession at this time. All conditions precedent have been performed or have occurred. 11. Defendants failed to make payments as promised and defaulted under the terms of the Contract. Plaintiff provided Defendants a notice of default and opportunity to cure, but Defendants failed to cure the default. Thereafter, Plaintiff exercised its right to accelerate the unpaid balance of the indebtedness due upon the Contract for which Plaintiff seeks recovery. The payoff on the Contract good through June 1, 2023 is the sum of $55,799.92. Interest continues to accrue on the unpaid principal in accordance with the Contract. FORECLOSURE AND POSSESSION 12. Because of the Defendants’ default, Plaintiff is entitled to foreclose its security interest in the Home against Defendants for which the Plaintiff hereby sues. Plaintiff is also entitled to possession of the Home pursuant to Tex. Bus. & Com. Code §9.609, and if the above-described Home is recovered and delivered to the possession of Plaintiff and sold at a private sale, Plaintiff seeks a judicial declaration that the sale shall be deemed commercially reasonable pursuant to ‘Tex. Bus. & Com. Code §9.627. ATTORNEY FEES 13. The Contract expressly provides that, in the event of default, Plaintiff is entitled to recover, in addition to all other sums due and owing, a reasonable amount as attorney fees, and all costs of collection. In addition, Plaintiff made demand upon Defendants for payment of the claim made the basis of this suit more than 30 days prior to the filing of this suit and is therefore entitled to recover reasonable attorney fees pursuant to Tex. Civ. Prac. & Rem. Code §38.001, et seq. A reasonable attorney fee for the Plaintiff in this suit would be the sum of at least $2,500.00. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays to the Court that Plaintiff recover: Judgment against Defendants, JAMES B. DAVIS AND JESSICA R. WATSON, jointly and severally, for the deficiency balance due and owing under the Contract, plus pre-judgment and post-judgment interest at the contractual rate; Foreclosure of Plaintiff's lien on the 2007 Palm Harbor Manufactured Home, Serial No. MP1513859AB, and possession of the Home; Attorney fees, including conditional awards in the event of appeal, with interest after judgment at the contractual rate until paid; Issuance of any writs necessary to obtain possession of the Home from Defendants and all other occupants or parties in possession and other remedies necessary to collect on the Home; Costs of suit; and Such other and further relief, both at law and in equity, to which Plaintiff may be justly entitled. Respectfully submitted, UPTON, MICKITS & HEYMANN, L.L.P. 802 N. Carancahua St., Suite 450 Corpus Christi, Texas 78401 Telephone: (361) 884-0612 Facsimile: (361) 884-5291 Email: clittlefield@umhlaw.com By: iZltrtiai 7 kK. CLIFFORD LITTLEFIELD State Bar No. 00796960 ATTORNEYS FOR PLAINTIFF, 21“ MORTGAGE CORPORATION CONSUMER LOAN NOTE, SECURITY AGREEMENT AND DISCLOSURE STATEMENT Do not close before 7/27/2017 STM LENDER: 21st Mortgage Corp. 620 Market St. Suite 100 Knoxville, TN 37902 NMLS No. 2280 Reference No: 2156821-0 Borrower's Name: dames B Davis Co-Borrower's Name: Jessica R Watson Borrower's Address, 318 Somerset Ré Co-Borrower's Address: 318 Somerset Rd Ri Conroe, TX 77306 Montgomery, TX 77316 In this Consumer Loan Note ("Note"), "Borrower" refers to all persons who sign this Note as "Borrower" and “Co-Borrower’, jointly and severally. "Lender" refers to 21st Mortgage Corporation ("24st Mortgage"), and its successors and assigns. Other capitalized terms are defined in the disclosures on this page and in the section of this Note titled, "Itemization of Amount Financed." Borrower promises to advise Lender in writing of any change of Borrower's mailing address while this Note is in effect. Lender should send any papers or notices concerning this Note to Borrower's mailing address. On the date of this Note, Borrower finances with Lender the manufactured home described below, together with the related services, furnishings, equipment, appliances and accessories included with the manufactured home (collectively, "Manufactured Home"). Description of Manufactured Home: Ci New _ i Used MANUFACTURER: PALM |YEAR: 2007 APPROX. LENGTH:56 JAPPROX. WIDTH:28 HARBOR SERIAL NO. IMP1513859A ISERIAL NO. IMP 1513859B SERIAL NO. SERIAL NO. SERIAL, NO. SERIAL NO. PROMISE TO PAY: Borrower promises to pay Lender the ‘Unpaid Balance’ as listed under the “Itemization of Amount Financed” plus interest. When Borrower signs this Note, borrower will also pay Lender any “Prepaid Finance Charge” shown in the “itemization of Amount Financed.” Borrower authorizes Lender to include the Prepaid Finance Charges in the Unpaid Balance, Lender will compute and charge interest on the unpaid amount of the Unpaid Balance fram the Note date at the yearly rate of 9.880% (the ‘Note Rate"). When Lender calculates interest, every year shall have 360 days and every month shall have 30 days. Borrower promises to pay interest at the Note Rate on the unpaid amount of the Unpaid Balance of this Note until it is paid in full. (Interest after the final scheduled maturity date on this Note, however, shall not exceed the maximum rate allowed by state law. Borrower's Payment Schedule will be: Number of Payments Amount of Payments When Payments Are Due 276 $525.23 Monthly, beginning 9/1/2017 BORROWER FURTHER PROMISES to pay Lender monthly payments in the number and amounts of payments shown in Borrower's Payment Schedule, Borrower's first payment will be due on the firs! date shown in Borrower's Payment Schedule, and subsequent payments will be due on the same day of each month after that. LENDER WILL APPLY EACH PAYMENT RECEIVED AS OF ITS SCHEDULED DUE DATE. If on the final scheduled payment due date, Borrower still owes amounts under this Note, Borrower will pay those amounts in full on thal date (the "Maturity Date"), Borrower will make all payments to 21st Mortgage Corp., 620 Market St. Suite 100, Knoxville, Tennessee 37902, or any other address to which Lender directs Borrower to send Borrower's payments. Borrower's If Borrower's {1 2 fet Morigage: NMLS #2280 » 620 Market Street, 100, Kncaviie, TN 37902 = venw-2tsimorigage.com » Rob Clark NMLS TX Version 016 Page 1 of 9 EXHIBIT “1” TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE Amount Financed Total of Payments. PERCENTAGE CHARGE The amount of credit The amount Borrower will RATE The dollar amount the provided to Borrower or have paid should The cost of Borrower's credit will cost Borrower. on Borrower's behalf. Borrower make all credit as a yearly rate payments as scheduled. 10.495% $90,336.48 $54,627.00 $144,963.48 INTEREST RATE AND PAYMENT SUMMARY Rate & Monthly Payment Interest Rate 9.880% Principal + Interest Payment $525.23 Est. Taxes + Insurance (Escrow) $139.90 Total Est, Monthly Payment $665.13 Security; Borrower gives Lender a security interest in: (@ The Manufactured Home, which will be located at 8334 Crockett Martin Rd, Conroe, TX 77308 Late Charge: If a payment is more than 15 days late, Borrower will be charged 5% of the amount of such payment or $20, whichever is less.. Other references in this Note to the "Late Charge” refer to the amount shown in the Delinquency and Default Section below. Prepaymant: If Borrower pays off early, Borrower will not have to pay a penalty. |Assumption: Someone buying the Manufactured Home may be allowed to assume the remainder of Borrower's obligations under this Note on the original terms only if such person is approved by Lender. {Other Information: Refer to the rest of this Note for additional information about nonpayment, default, any required payment in full before the scheduled date and prepayment refunds and penatties. IMDIA Refinancing Warning: There is no guarantee that Borrower will be able to refinance the loan to obtain a lower interest rate and/or payment. SECURITY INTEREST. To secure payment of all sums due or which become due under this Note, and Borrower's performance of all other terms of the Note, Borrower grants Lender a first priority security interest in (1) the Manufactured Home, and all accessions, attachments, accessories, replacements and additions to the Manufactured Home, whether added now or later; (2) the “Property" described in any mortgage or deed of trust Borrower gives to Lender; (3) Borrower's rights to refunds of premiums for and payments under, and praceeds of any insurance or any extended warranty or service contract purchased with the proceeds of this Note; (4) any amounts held in escrow by Lender for Borrower; and (5) proceeds and products of all of the foregoing (collectively, the "Collateral"). Lender's security interest shall remain in effect until Borrower pays, in full, all amounts due under the Note. Despite any other provision of the Note, however, Lender is not granted, and does not have, a non-purchase money security interest in household goods, to the extent such a securily interest is prohibited by applicable law. Borrower will pay any filing or recording fees necessary for Lender to obtain and hold a first priority security interest. To the extent allowed by law, Borrower also agrees to pay any release, discharge or termination fees, after the Borrower pays the Note in full. Borrower agrees to execute any application for certificate of title or ownership, financing statement or other document necessary to perfect Lender's security interest in the Manufactured Home. Borrower authorizes Lender to sign Borrower's name to any financing statement or application or other document necessary to perfect the security interest granted by Borrower herein. If Lender is taking a security interest in real property, such interest is reflected in a mortgage or deed of trust signed in conjunction oo this Note, Borrower's LL. sora, 2st HorgageCo NMLS #2280 + G20 Mackel Greet, Slts 100, Kncnte, TN 7802 ' = www.2 tstmorigage.com * Rob Clark NMLS TX Varsion 1016 Pega 2 oto ITEMIZATION OF AMOUNT FINANCED: 1. Cash Price a, Manufactured Home** $66,400.00 b, Sales Tax ¢. Total Cash Price (1a plus 1b) $66,400.00 2. Down Payment a, Cash Down Payment $13,300.00 b. Net Trade-in Allowance Trade-i Length: Width: Liens: c. Other Credits: d. Total Down Payment (2a plus 2b plus 2c) $13,300.00 3. Unpaid Cash Price for Purchase or Refinance a. Unpaid Portion of Cash Price (1c minus 2d) OR $53,100.00 b. For a Refinanced Loan, Amount Paid to Others 4. Amounts paid to others on Borrower's behalf a. Financed i. Certificate of Title Fees $110.00 i , TX Form T $100.00 iii, TX Inv Tax $263.00 iv, Homeowner's Insurance Premium $1,054.00 b, Paid in Cash 5. Prepaid Finance Charges (includes items paid to third parties; items may be financed in part and paid in cash in part) Financed i. Origination Points/Fee $2,522.25 i . Flood Oatermination/Monitoring Fee $8.00 b. Paid in Cash 6. Loan Amount (3 + 4a + 5a - Seller Cradit of $0.00 - Lender $67,157.25 Credit of $0.00) 7. Prepaid Finance Charges (total of all items in 5) $2,530.25 8. Amount Financed (6 minus 7) $54,627.00 ** Lender may retain, or receive, a portion of these amounts Security interest termination, release, discharge or satisfaction faes paid upon termination will vary based upon applicable law. This fee is not paid by Borrower at closing. THIS SPACE LEFT INTENTIONALLY BLANK Borrower's wf Damen tei 2iat Morgane Cou y NMS #2280 + 620 Markel Street, Suite 100, Koone, TH 37002 1 + www 2 tstmarigage.com + Rob Clark N TX Version 27872016 Page 2019 SS PROPERTY INSURANCE PROPERTY INSURANCE ON THE MANUFACTURED HOME IS REQUIRED FOR THE TERM OF THIS NOTE, BORROWER HAS THE RIGHT TO OBTAIN SUCH INSURANCE FROM ANYONE AUTHORI LAW TO SELL IT. LENDER MAY REFUSE TO ACCEPT BORROWER'S PROPERTY INSURAN ZED BY CE FOR GOOD CAUSE. Borrower elects to finance through Lender the below listed property insurance of the specified type, term and premium. Hazard Insurance Provider Jem Premium 21st Insurance 12 MONTHS $1,054.00 * A separate flood or wind insurance Policy may or may not be reflected in the information above or financed as part of the loan. Borrower should refer to the appropriate insurance policy documents for more details. O [} Aico ey Borrower's signature below indicates Borrower's election ingnce the above {i ist property insurance for Pe pre term ng reyfiuin shown, mee ele tale te) 2222119 apes B Davis Date vessy R Watson Date PROPERTY INSURANCE: Borrower is required to insure the Manufactured Home against physical damage, including loss by fire, hazards included within the term "extended coverage," and any other hazards for which Lender requires insurance, for the term of tha Note al Borrowers expense. If Borrower financed the premium, the premium is financed over the term of the Note, even though the term of insurance is less than the Note term. The Borrower must obtain the types and amounts of Insurance coverage required by Lender, including flood insurance if applicable. The insurance policy must contain a loss payable clause protecting Lender (as Lender's interest may appear), and provide for at least 3 10 day notice of cancellation to Lender. Borrower agrees to provide written proof of such coverage to Lender within § days of Lender's request. I t PROPERTY. Lender reserves the right to refuse to accept, for good cause, an insurer chosen by the Borrower. Lender will send Borrower a written statement explaining the reason for such refusal upon Borrower's request. If Borrower's insurance coverage expires or is canceled Prior to payment in full of this Note, Borrower must obtain coverage in the amounts, types, and for the periods that Lender requires at Borrower's expense for the remaining term of the Note. Lender's property insurance coverage requirements can change during the term of the Note. Should Borrower fail to provide or maintain property insurance or fall to provide Lender with satisfactory evidence of coverage, or should the property insurance, for any reason, not protect Lender's interests, Lender, in its sole discretion, may obtain property insurance that mests its requirements, but is under no legal obligation to do so. Before obtaining insurance in these circumstances, Lender will, in good faith, attempt to inform Borrower in writing of the need for Borrower to obtain property insurance and/or to provide evidence thereof. If obtained by Lender, Lender will add the cost of the insurance to the amount due under the Note That amount will become due and payable upon demand by the Lender, in payments added to Borrower's scheduled payments, or as otherwise requirad by Lender. Lender may charge Borrower interast on such cost al the Note Rate, unless prohibited by applicable law. The property insurance obtained by Lender may have material differences from insurance initially financed under the Note or from insurance obtained by the Borrower initially or at any time during the term of the Nota. Such insurance may be significantly more expensive to Borrower than if Borrower obtained the insurance, Consequently, Lender makes the PARAGRAPH CONTINUED ON THE NEXT PAGE Borrower's initials. WEL ratomones tridae fi mminsfin NMLS #2280 + 620 Markel Streel, Suite 100, Knaxvile, 1s wwe.21stmartgage com » Rob Clark NMLS: TN 37802 Page 4of 0 a following disclosures to Borrower: (a) The property insurance that Lender obtains is intended solely to protect the Lender's interest hereunder, and Lender may not obtain coverages beyond those to insure loss of or damage to the Manufactured Home: in particular, such insurance may not provide coverage for personal effects, adjacent structures, medical expenses or personal liability; additionally, such coverage may not insure the Manufactured Home in an amount equal to the Unpaid Balance due under this Note and, consequently, in the event of loss or damage, the insurance may not pay the full amount of the Unpaid Balance of the Note; (b) If Lender obtains this insurance due to Borrower default, Borrower acknowledges and agrees that Lender has no duty to obtain insurance on behalf of Borrower which is the least expensive, or which has a competitive marketplace premium or any other particular feature or special benefit; (c) Lender or its affiliates may be reimbursed for expenses and may profit from taking action to cure Borrower's default by providing and maintaining such insurance; (d) Borrower's execution of this Note authorizes Lender to provide third parties with any information necessary to obtain insurance on the Manufactured Home and monitor the status of such insurance; and (e) Borrower may, as stated above, at any time, including after Lender obtains property insurance on Borrower's behalf, obtain insurance through an agent or insurer of Borrower's choice. Upon so doing, Borrower may provide Lender with sufficient evidence of insurance coverage, at which time, Lender will cancel the insurance coverage it obtained on Borrower's behalf, obtain any refund due on the unearned portion of the premium, and apply the refund to the Unpaid Balance of the Note. Property insurance proceeds (whether such insurance has been obtained by Borrower or Lender) shall be applied to the restoration or repair of the Manufactured Home, if it is economically feasible and does not lessen the Lender's security interest in the Manufactured Home. ff this is not the case, or if the insurer determines that the Manufactured Home represents a total loss under the coverage, Lender will apply such insurance proceeds to reduce all amounts owing under this Note, whether or not such amounts are due and payable. Borrower authorizes Lender to (a) adjust or settle Borrower's claim for loss under such insurance; (b) sign Borrower's name to any check, draft or other documents necessary to obtain such insurance proceeds; and {c) hold such insurance proceeds until Lender has the opportunity to inspect the Manufactured Home and ensure that work to restore or repair the Manufactured Home is completed to Lender's satisfaction, without incurring an obligation to pay Borrower earnings or interest on such proceeds. Lender may disburse proceeds in a single payment or a series of payments and Borrower authorizes any insurer to make such payment directly to Lender. If insurance proceeds paid to Lender do not satisfy all amounts Borrower owes to Lender under this Note, Borrower is responsible for paying the balance. BORROWER'S RIGHT TO PREPAY: BORROWER MAY PREPAY ANY AMOUNTS DUE UNDER THIS NOTE AT ANY TIME WITHOUT PENALTY. A Principal only payment is known as a "Prepayment." Lender will not treat a payment as a Prepayment unless Borrower previously made all monthly payments of principal and interest and fully paid and satisfied all other obtigations due under this Note. lf Borrower meets these conditions, Borrower may make a Prepayment by sending such Prepayment in accordance with the instructions provided by Lender in a monthly billing statement, or payment coupon, or otherwise as directed by Lender. Borrower may make a full Prepayment or partial Prepayments without paying a Prepayment charge. If Borrower (1) prepays this Note in full, or (2) defaults and fails to cure the default and Lender demands payment of the entire balance due on this Note, no portion of any Prepaid Finance Charge will be refunded, All Prepaid Finance Charges are earned at the time this Note is made. ESCROW ITEMS: To the extent permitted by law, Lender may, at Lender's option, require Borrower to make payments in addition to those set forth in Borrower's Payment Schedule ("Escrow Payments") which Lender will collect and hold for (1) the payment of property insurance premiums required under this Note, (2) the payment of taxes and assessments, and (3) othar items which might attain priority over Lender's security interest (each, an "Escrow Item”). Lender will use Borrower's Escrow Payments to pay Escrow Items as they come due. THE BORROWER'S PAYMENT SCHEDULE IN THIS NOTE DOES NOT INCLUDE ANY AMOUNT TO BE PAID UNDER ANY SUCH\ESCROW ACCOUNT. Borrower's Initials, 0-Borrower's In ist MorganeCa NMLS #2280 « 620 Market Sireet, Sute 100, sone, TN 37902 -000-855-0021 + www.2)simortgage.com + Rob Clark NI TX Version 2152016 Page 50! 9 SERVICING CHARGES: Borrower agrees to pay all reasonable charges for Lender's performance of additional services requested by Borrower in connection with the servicing of this Nate, to the extent permitted by applicable law. ADVANCES TO PROTECT THE COLLATERAL: if Borrower fails to pay for required insurance, if Borrower fails to pay park or lot rent (and any other related charges), if Borrower fails to satisfy taxes, assessments, or other liens or encumbrances against the Manufactured Home, If Borrower fails to keep the Manufactured Home in good repair or if Borrower fails to make any other payments required by this Note or applicable law, Lender may (but is not required to) make such repairs or payments as Lender chooses, Lender will add any and all such payments and any amounts Lender pays to protect or enforce Lender's security interest to the amount Borrower owes Lender under this Note, and all such amounts will be secured by the Collateral, At Lender's sole option, Lender may (1) demand that Borrower repay these amounts immediately, or (2) add thesa amounts to Borrower's regularly scheduled payments, or (3) add these amounts as additional installments due, or (4) add these amounts to the final installment due on this Note. Unless prohibited by law, Borrower agrees to pay interest at the Note Rate on any amounts that Borrower does not repay immediately. DELINQUENCY AND DEFAULT: Time is of the essence. if a payment is more than 15 days late, Borrower will be charged 5% of the amount of such payment or $20, whichever is less.. If any check, negotiable instrument of withdrawal, electronic payment draft or any other instrument is dishonored by Borrower's financial institution, Borrower will pay a fee of $20.00, in addition to being required to make payment on the item. Borrower will be in default under this Note if: (1) Borrower fails to make any payment when due, (2) Borrower otherwise fails to perform any of Borrower's obligations under this Note or under any mortgage or deed of trust which secures this Note, In the event of Borrower's default, Lender will give Borrower notice of the default and right to cure the default ("Notice of Default"). Borrower is not entitled to a Notice of Default if Borrower abandons or voluntarily surrenders the Manufactured Home, or if other extreme circumstances exist. Borrower is not, under any circumstances, entitled to a Notice of Default more than twice in any one year period. If Borrower does not cure the default within 30 days after the postmarked date of the Notice of Default, or if a Notice of Default is not required to be sent, Lender may (1) accelerate the maturity of the debt and require Borrower to pay Lender the entire remaining balance and all other amounts due under the Note, (2) require Borrowerto make the Manufactured Home available to Lender, (3) take legal action against Borrower, (4) repossess the Manufactured Home, (5) enforce such rights and remedies available to Lender under the Uniform Commercial Code and other applicable law, and (6) foreclose on the real property, if applicable. Lender, at its sole option, may elect to sever and remove the Manufactured Home from any real property where it is located, regardless af whether the real property secures this Note. In the event of default, Borrower also agrees to pay Lender's expenses for (a) reasonable attorney's fees permitted under law after referral to an attorney who is not a salaried employee of the Lender; (b) court costs and disbursements; and (c) costs of repossessing the Manufactured Home including the costs of storage, reconditioning, and resale. Before Lender sells the Manufactured Home, Borrower can get the Manufactured Home back if Borrower either (1) pays off the Note by paying Lender the entire temaining balance and all other amounts due under the Note (redeem), or (2) cures the default by paying Lender the amounts which are past due, including Late Charges (reinstate). Regardless of whether Borrower redeems or reinstates, and before Borrower can get the Manufactured Home back, Borrower must also (1) pay Lender the cost of taking, storing and redelivering the Manufactured Home and other expenses Lender incurs, (2) pay Lender all other charges and other expenses provided for under this Note; (3) pay any amounts advanced by Lender to protect the Collateral, without regard to any agreement to repay such amounts advanced on a periodic basis, including but not limited to unpaid insurance premiums, park or lot rent, taxes, assessments or simitar items; and (4) cure any other defaults, Borrower's fights to redeem and/or reinstate end upon sale of the Manufactured Home unless otherwise required by PARY CONTINUED ON THE NEXT PAGE Bortawers Init o-Borrower's init 2ist Morigage IMLS #2280 » 620 Market Street, Suite 100, Knoxvile, TN 37902 1-800-955-0021 » www.21simortgage.com « Rob Clark NMLS #202264 TX Version 016 Page Gof 9 —— ee Jaw. All rights and remedies under this Note and any mortgage or deed of trust executed herewith are cumulative, but Borrower's right to a written notice of default and 30 days to cure, as set forth in this Note, shall not be affected by any inconsistent provision of any mortgage or deed of trust. Any personal property of Borrower's located in or attached to the Manufactured Home and not subject to Lender's security interest may be held by Lender without liability if the Lender fepossesses the Manufactured Home. Borrawer will be deemed to have waived any claim to such personal Property unless written demand by certified mail is made upon Lender within twenty-five (25) days after repossession. If Borrower fails to give Lender such written demand, Lender may dispose of such personal property, INFORMATION SHARING: Lender may investigate Borrower's credit history and credit capacity in connection with establishing, modifying, extending, and/or enforcing Borrower's account. Lender may teport information about Berrower’s account to credit bureaus. Late payments, missed payments, or other defaults on Borrower's account may be reflected in Borrower's credit report. Lender may also verify Borrower's employment, income, assets, and debts; and anyona receiving a copy of this Note is hereby authorized to release such information to Lender. Borrower authorizes Lender to release to third parties any information necessary to monitor the status of insurance on Borrower's Manufactured Home, and to obtain the insurance described in this Note. If Borrower's Manufactured Home is on rented property or property that is not owned by Borrower, Borrower authorizes Lender and Borrower's landlord (or the property owner) to exchange information as to Borrowers obligations to Lender under this Note and the status of such obligations, information relating to Lender's security interest in Borrower's Manufactured Home, and information regarding the lease or arrangement between Borrower and landlord (or the property owner), as well as the obligations and status of such obligations ta landlord (or the property owner). Whether or not the Borrower rents the Manufactured Home to a party in accordance with the terms of this Note, Borrower authorizes Lender and Borrower's renter to exchange information as to Lender's security interest in Borrower's Manufactured Home and the rental agreement or arrangement, as well as to the obligations, and the status of such obligations of Borrower to Lender under this Note. This provision also applies to any Co-Signer who executes this Note, OTHER TERMS AND CONDITIONS: Borrower will not move the Manufactured Home without Lender's prior written consent. Borrower will not sell the Manufactured Home without Lender's prior written consent. Borrower will not encumber or abandon the Manufactured Home, nor allow any lot lien, landiord lien, or similar lien, which may by law be superior to Lender's security interest, to encumber the Manufactured Home. Borrower will not use the Manufactured Hame for illegal act Borrower will not use the Manufactured Home for business or hire, or rent it to another party, without obtaining Lender's prior written consent. Borrower will pay promptly alt taxes, assessments, and any liens and encumbrances on the Manufactured Home, Sorrower will notify Lender promptly of any loss or damage to the Manufactured Home, as well as any condemnation, confiscation or theft of the Manufactured Home. Upon Lender's request, Borrower will promptly provide Lender with proof satisfactory to Lender that: (1) Borrower has the insurance required under this Note: (2) Borrower has paid all taxes assessed against the Manufactured Home; (3) Borrower has paid all park or lot rent (and any other related charges) due, (4) Lender holds the only lien against the Manufactured Home; (5) the Manufactured Home is in good condition and repair, and (6) Borrower has complied with ail of the promises Borrower made in this Note. Lender may inspect the Manufactured Home at any time. If Borrower is married, and residing in a community property state, both Borrower's community properly and separate property are liable for all payments under this Note. Borrower waives all marital rights, hamestead exemption and other exemptions relating to the Collateral. Borrower will cooperate with Lender regarding any requests after closing to correct any errors with respect to this Note of the transaction and agrees to provide any and all additional documentation deemed necessary by Lender to complete this transaction. Lender may rely on a telecopy, Photocopy, or electronically imaged copy of this Note as if it were an original, including use in legal proceedings or arbitrations. Borrower acknowledges that any broker or other third party used to facilitate this transaction may receive cop ps sation from Lende: is services, i Borrower's I 10-Borrower’s | bh ‘ist Mortgage zor ton NMLS #2280 « 620 Market Streel, Suite 100, Knoxville,TN y + wew.2 tetmorigage.com 155-0024 » Rob Clark NMLS: 37902 1X Versio Page Tots ASSUMPTION: Someone buying the Manufactured Home may assume the remainder of Borrower's obligations under this Note on the original terms only if such person is approved by Lender. ASSIGNMENT: Lender may assign this Note to any person or entity. All rights granted to Lender under this Note shall apply to any assignee of this Note. WAIVER AND MODIFICATION: Lender's waiver of any default shall not constitute a waiver of any other default, The procurement of required property insurance, or the payment of taxes, or other liens, or other charges, by Lender shall not be a waiver of Lender's right to accelerate the maturity of this Note and declare default herein, To the extent permitted by law, Borrower agrees to give up Borrower's rights to require Lender to do certain things, Borrower does not give up any rights that are provided in this Note, Unless the law or this Note provides otherwise, Lender is not required to: (1) demand payment of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time, or manner; or, (3) give notice that Lender intends to make, or is making, this Note immediataly due, Without limiting the foregoing, Borrower waives any and all rights to notice of dishonor, presentment, protest, demand, and notice of intent to accelerate and notice of acceleration. WARRANTIES: LENDER MAKES NO WARRANTIES ON THE MANUFACTURED HOME, AND EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, UNLESS GIVEN TO BORROWER BY LENDER IN WRITING AT THE TIME OF SALE, BORROWER AGREES THAT THE YEAR OF THE MANUFACTURED HOME IS FOR IDENTIFICATION PURPOSES ONLY AND MAY NOT BE THE BASIS FOR A WARRANTY OR OTHER CLAIM AGAINST LENDER. THE ABOVE DISCLAIMERS DO NOT AFFECT ANY WARRANTIES COVERING THE MANUFACTURED HOME THAT MAY BE PROVIDED BY THE MANUFACTURER, OTHER THIRD PARTIES, OR THAT ARE REQUIRED BY LAW. VALIDITY AND EFFECTIVENESS: Wherever possible each provision of this Note shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Note is prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, however, the remainder of such provision or the remaining provisions of this Note shall not be invalidated, This Note shall be governed both as to issues of formation and performance by the laws of the State of Texas and applicable federal law. This Note shall have no effect until and unless signed by Borrower and Lender. Lender does not intend to charge or collect any interest, charge, or fee greater than the law altows. If Lender charges or collects any amount greater than what the law allows, Lender will apply the excess to the Unpaid Balance and any other amounts due under the Note and shall refund any excess, Lender will treat any amount applied to the Unpaid Balance as a partial Prepayment. ENTIRE AGREEMENT. THIS NOTE, ANY SEPARATE ESCROW AGREEMENT, AND ANY MORTGAGE OR DEED OF TRUST, TOGETHER, THE “ENTIRE AGREEMENT DOCUMENTS," SHALL CONSTITUTE THE ENTIRE AND FINAL AGREEMENT BETWEEN BORROWER AND LENDER AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. GUARANTY: Any Co-Signer signing the guaranty of this Note agrees that all amounts owed under this Note will be paid when due. Co-Signer’s obligation continues even if Borrower is released or if Lender waives or delays enforcement of any rights under this Note. Lander need not give Co-Signer notice of any such waiver, delay or release. See Notice to Co-Signer before signing this guaranty, Borrower's Inti Go- Borrower's init [\ 2ist Morigage fared NMLS #2280 » 620 Market Street, Sutla 100, Knoxville, TN 37902 -800-95 +1 » wwew.2 Tstmortgage.com « Rob Clark NMLS #202264 TX Version 2/9/2056 Pago Bato eee = NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR (BORROWER) COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR (BORROWER) SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR (BORROWER) HEREUNDER. NOTICE TO THE CONSUME! DO NOT SIGN THIS DOCUMENT BEFORE YOU READ IT ORIF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE DOCUMENT YOU SIGN, UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CIRCUMSTANCES OBTAIN A SUBSTANTIAL REFUND OF THE CREDIT CHARGE. KEEP THIS DOCUMENT TO PROTECT YOUR LEGAL RIGHTS, TO CONTACT 21ST MORTGAGE CORPORATION ABOUT THIS ACCOUNT CALL (865) 523-2120 OR (800) 966-0021, THIS CONTRACT IS SUBJECT IN WHOLE OR IN PART TO TEXAS LAW WHICH IS ENFORCED BY THE OFFICE OF THE CONSUMER CREDIT COMMISSIONER, WHICH MAY BE CONTACTED AT 2604 N, LAMAR BOULEVARD, AUSTIN, TEXAS 78705-4207; (800) 538-1579; (612) 936-7600; CONSUMER.COMPLAINTS@OCCC.STATE.TX.US; OR, WWW.OGCC.STATE.TX.US, AND CAN BE CONTACTED RELATIVE TO ANY INQUIRIES OR COMPLAINTS. SIGNATURE OF BORROWER(S): "Borrower" refers to all persons who sign this Note as “Borrower” and "Co-Borrower", jointly and severally. Borrower's signature(s) below Indicates the following: 1) Borrower has fully and completely read all of this Note; 2) Borrower has consulted independent legal counset to clarify any matters, if Borrower deemed such was necessary; 3) Borrower has no questions regarding any matters contained in this Note and understands all terms, conditions and obligations set farth in this Note; and, 4) Borrower agrees to fully satisfy and abide by all terms, conditions and obligations set forth in this Note. sand B Das 1-27-19 x 9-22-19 jashes B Davis Date Jess} R Watson, Date NOT VALID UNLESS ACCEPTED BY LENDER: Aaron New 21ST MORTGAGE CORPORATION ay. Sarah New| We 4-317 Printed Name Title Date Initiating below is not necessary. Borrower(s} should sign above. borrowers innate f/5K oar’ ts 2ist Mortgage Ce #2280 + 820 Markel Sueel, Suite 100. Knoxvile, TN37902 ‘ WwHW.2 tstmortgage.com » Rob Clark NMLS #202264 1X Version 2016 Page Dolo — ‘Texas Department of Housing and Community Affairs, Manufactured Housing Division ORIGINAL STATEMENT OF OWNERSHIP (On January Ist of each year, a tax lien comes into existence on @ manufactured home in favor of each taxing unit in the jurisdiction where the home i actually located on Janusty Ist. In order to be enforced, any such lien must be recorded with the Texas Department of Housing and Community At ss, anufuctured Housing Division as provided by lave. You may check our records through our website or contact us to lear of any recorded tax liens. To find out about the amount of any unpaid tax liabilities, contact the tax office for the county where the hhome was actually located on January Ist ofthat year Certified Copy of Original Statement of Ownership Date Issued: 11/16/2017 Certificate Number: MH00694735 Manufacturer Label/Seal No. Serial No. Weight Size MHDMAN00000295 PFS0985315 MP1513859A 27,505 14.0 = 60.0 PALM HARBOR MANUFACTURING LP PFS0985316 MP1513859B 28,101 14.0 x 60.0 6901 BOWMAN ROBERTS RD. FORT WORTH, TX 76179 Model Date of Manufacture Effective County Where Installed Wind Zone Total Sq Feet Date of Transfer MPP360G5 10/25/2006 T2017 MONTGOMERY 1 1640 ‘The Owner(s) have elected to declare the manufactured home as: Owner of Record PERSONAL PROPERTY