Sec. 1094. Form for petition for foreclosure of mortgage where third party assumes the mortgage and agrees to pay it.

1. FIRST CAUSE OF ACTION.-Plaintiff says that indebted to him in the sum of $

rate of

the

is

with interest at the per cent. per annum, payable annually from 19, on a certain promissory note,

day of

of which the following is a copy: (Here give true copy);

of Oklahoma, to-wit: (Here describe real estate); that said conveyance was, among other things, made subject to a mortgage of $, given by one

being the amount due said

dated

from the pro

19-, which was assumed by the grantee therein, and the amount of $ceeds of a sale thereof, and said agreement to assume and pay said mortgage was made as part of said consideration for the purchase price of said real estate; that no payments have been made on said note so assumed, and there is now due and payable to plaintiff from defendant, on the assumption of said indebtedness, the sum of $ with interest thereon at

per cent. per annum, from the

day of

19—, which plaintiff claims and for which he asks judgment. 2. SECOND CAUSE OF ACTION.--For a second cause of action herein plaintiff says that on or about the

day of

19-, one and, for a valuable consideration, sold and conveyed by deed in fee simple, to and

the

following real estate, situated in

County, State of Okla

homa, to-wit: (Here describe it); that on the

day of

who was then the owner of the afore

said real estate, in order to secure the payment of a certain promissory note given for the purchase price of said real estate, 19-, for the sum of $

day of

dated the bearing interest at the rate of per cent. per annum, due and payable in years after the date thereof, executed, acknowledged and delivered to plaintiff his certain mortgage deed, and thereby conveyed to plaintiff certain parcels of real estate, of which the real estate above described forms a part; that said mortgage had a condition therein contained that, if said note should not be paid when due as aforesaid, said mortgage deed should become absolute. Said note has not been paid and said mortgage deed has become absolute. was left with the register of deeds of

Said mortgage County, Oklahoma,

o'clock, m., of said day was by said register of deeds duly

recorded in the records of his office in Book

-, page

Plaintiff further states that at the time of the conveyance of said premises by said

19, to the said.

on the

day of

agreed in said deed to assume, and they did assume, the payment of said $ in said mortgage deed, and that said

assumption of the part of the said

as a part of the purchase price of said premises; that on the

day of conveyed said premises, with other real estate, to

by deed,

and

in said deed the said as part of the consideration of said sale and conveyance, the sum of $ of the mortgage debt on said real estate, as

agreed to assume, and did assume,

above set out, together with interest thereon at the rate of

per cent. from the

day of

19-; that said mort

gage is valid and subsisting and is a lien on said real estate

above described for said sum of $

sum at the rate of

per cent. from the

with interest on said day of

that said mortgage be foreclosed and said real estate sold to satisfy the judgment so to be obtained, and for such other and further relief as equity and the nature of the case may require.

Attorney for Plaintiff.

Sec. 1095. Form for petition for foreclosure of a mortgage where successive grantees have assumed and agreed to pay it.

the

PETITION.

the plaintiff herein, and, for her petition

1. For her first cause of action herein, plaintiff says that on

day of

19, the defendants,

executed and delivered to one

and their joint and several promissory note, of which note the following is a copy with all the credits and indorsements thereon, to-wit: (Here

copy note); said note is indorsed as follows: Pay

order, without recourse on me, $

or

and credit it as follows:

(Here give the credits); said note is secured by a mortgage on the real estate last described in the

cause of action herein.

and

At the time of the execution and delivery of said note, said were the owners of said real estate, and on the day of, 19-, by deed of general warranty, sold and conveyed said real estate to the above who thereupon, by agreement in writing set forth in said deed, agreed by and with said their heirs and assigns,

and

as a part of the consideration thereof, to assume, and he did assume, the payment of the principal and all the interest on said note, from the 19-, together with all other

day of

charges which were a lien on said premises. Said deed is re

Oklahoma, duly appointed administrators of his said estate, and said administrators thereupon duly qualified and entered upon their duties as such administrators.

his wife, by deed of general warranty, sold and conveyed said real estate last described in said

and

cause of action herein, to the -, who thereupon, by agree

ment in writing set forth in said deed, agreed to and with said his heirs and assigns, as part of the consideration thereof, to assume, and they did assume, the payment of the principal of said note, with all interest thereon, from the

said real estate.

at page county.

19-, together with all the other charges against Said deed was duly recorded in Book

in the office of the register of deeds of said

deed of general warranty, sold and conveyed said real estate

cause of action herein, to the defendant,

last described in

said deed, agreed to and with the said

who thereupon, by agreement in writing set forth in

heirs and assigns, as part of the consideration thereof, to assume,

day of

and he did assume, the payment of the principal and interest on said note, from and after the 19-, together with all charges against said real estate. Said deed was duly recorded in Book

at page

of the rec

ords in the office of the register of deeds of said county.

19-, by deed of general war

On the

day of

sold and conveyed the real estate last cause of action herein to the defendant,

who thereupon, by agreement in writing, set forth in said deed, agreed by and with said. — and their heirs and assigns, as part of the consideration thereof, to assume, and he did assume, the payment of the principal and all interest on said note, together with all the other charges against the same. Said deed was recorded in the office of the register of deeds of said county in Book at page

Said is the present owner of said real estate last herein described. Plaintiff is the legal owner and holder of said note

and there is due her from the defendant,

and the said

as principal,

and

as administrators of the estate

2. For a second cause of action herein, plaintiff says that at the time of the execution and delivery of the note described in the first cause of action, and to secure the payment of the same, the defendants, executed and delivered to their certain mortgage deed, thereby conveying to him, his heirs and assigns forever, the following described real

said

and

estate, situated in the county of

to-wit: (Here describe the same.)

State of Oklahoma,

Said mortgage deed contained a condition that if said. and should pay or cause to be paid to said his heirs and assigns, the note described in the first cause of action herein, when the same should become due, with interest on the same, then said mortgage should become void, otherwise to be and remain in full force and virtue in law forever..