an attorney at law, of whereby said defendant, said sum of $

collection.

Oklahoma, for collection, became liable and bound to pay

as attorney's fee, and all other costs of

2. SECOND CAUSE OF ACTION.-That at the time and place and as part and parcel of the same contract and transaction, and for the purpose of securing the payment of said promissory note, upon the terms and in the installments as hereinabove set forth, said defendant, executed and delivered to said plaintiff

his certain mortgage in writing, thereby selling and conveying unto said plaintiff, The described real estate in

Association, all the following County, in the State of Okla

homa, to-wit: (Here describe real estate), with all the improvements thereon and appurtenances thereunto belonging, and did warrant the title to the same, and waive appraisement thereof, which said mortgage was duly signed by the defendant and acknowledged by him and is duly recorded in Book of the mortgage records on page register of deeds of

thereof, in the office of the County, Oklahoma, a true and correct copy of which mortgage, with all covenants therein contained, is hereto attached, marked "Exhibit B," and is hereby made a part of this petition.

day of each within

By the terms of said mortgage and the conditions thereof, as fully set forth therein, it is provided specifically that said defendant, shall pay the installments as set out in paragraph one of this petition on or before the and every month; that said defendant, days after the same become due and payable, pay all taxes and assessments which will be levied on said land, or existing or assessed on said land created or represented by said mortgage, and it is further provided therein that if said defendant make default in the payment of said taxes and assessments, the plaintiff may pay said taxes and assessments, and that the sum so paid shall be a further lien on said described premises under said mortgage, and should default be made in the aforesaid monthly sums or installments, or any fine, or any part of said taxes, when the same are due and payable, as provided in said

note and mortgage, and the by-laws of said association, and should the same or any part thereof remain unpaid for a period of -months, the first aforesaid principal sum of $with all arrearages and all penalties and taxes shall become due and payable immediately thereafter.

Said mortgage further provides that said defendant shall pay plaintiff the sum of $ as a reasonable attorney fee in addition to other legal costs and expenses of collection, if proceedings are taken in equity to foreclose said mortgage in case of default in any of its covenants, which sum shall be an additional lien on said premises.

Plaintiff further alleges that the conditions of said note and of said mortgage have been broken in this, to-wit: That on the day of, 19—, there became due and payable to plaintiff, according to the contract and mortgage aforesaid, one of the monthly installments of $ mained unpaid for more than

-; that said sum has remonths thereafter, towit:

up to the date hereof, and that no part of same has been paid, although payment thereof has been demanded of the defendant; that on the day of, 19-, and on the

day of each and every month thereafter, up to the date of the filing of this petition, other monthly installments of the sum of $ did became due and payable to this plaintiff, and have so remained due and unpaid to the date hereof; that there was paid on said note and mortgage installments on the principal and interest, up to and including the amount due and payable on the day of 19-, an amount in the aggregate of the sum of $

; that no payment, or part payment, has been made on said note or mortgage, or any installment thereof, by said defendant, becoming due and payable, since the date last above mentioned, though payment thereof has often been demanded, and that said installments, together with fines and penalties, remain wholly unpaid. That, by reason of the terms and in accordance with the conditions of said note and mortgage, all of said indebtedness, including the balance due on said principal sum of $, with all arrearages thereon, and all

fines and penalties became due and payable to this plaintiff upon the happening of said default, amounting in all to the sum of $ -, together with an attorney fee of $ -, and the costs of this action.

Plaintiff further alleges that in said mortgage it is especially covenanted and agreed by said that, upon the filing of the petition in foreclosure, the holder of said mortgage shall be entitled to the possession of said premises, and that a receiver may forthwith, or at any time thereafter, be appointed for the same, to collect and apply the rents and profits, less reasonable expenses of the receivership, to the payment of said indebtedness, and the said defendant, -, expressly consents, by said. covenants in said mortgage, to the appointment of said receiver. Plaintiff further alleges that, by reason of said default of the said defendant, in the payment of said principal and the installments as they matured, according to the tenor of said note and mortgage, the conditions of said mortgage and note have been broken and the whole of the indebtedness thereby secured has matured and is now due and payable, together with interest, fines and penalties, as well as an attorney fee of $ becoming due and payable upon the filing of this petition in foreclosure, as stipulated in said mortgage; that said premises are incumbered by other mortgages and liens, and are scant security for the payment of said note and mortgage, and by reason thereof, said plaintiff is entitled to the foreclosure of said mortgage on said premises, and to have the same sold without appraisement, to satisfy all said indebtedness, penalties, fines, costs and attorney fee; that a receiver should be appointed forthwith by this honorable court to take charge of said real estate, to preserve the same from waste, to pay the taxes thereon and collect the rents and issues thereof, and do and perform such other functions usual for a receiver in such cases.

and

his wife,

Plaintiff further alleges that have, or claim to have, some interest in and to the above described real estate, or some part thereof, the exact nature of which is unknown to this plaintiff, but plaintiff alleges that said

and

his wife,

right, title or interest of the said if any there be, is inferior and junior to the claim of this plaintiff, and plaintiff prays that said last named defendants be required to answer herein, setting up such interest as they may have in and to said real estate, or be forever barred.

WHEREFORE, the premises considered, the plaintiff prays judg ment on its first cause of action against said principal defendant, -, for the balance unpaid on said principal sum of $ mentioned and set up in said note and mortgage, for interest and installment claims due thereon, together with all fines, penalties, in the aggregate sum of $- with interest thereon, at the rate of per cent. per annum, from the

19-, and for said sum of $

County,

day of attorney's fee, and all costs of this action, and for further judgment foreclosing the lien of said plaintiff on said property located in State of Oklahoma, to-wit: (Here specifically describe real estate), with all the improvements thereon, and appurtenances thereunto belonging, and forever barring defendant,

and

his wife, each and both of them, from any lien, estate, right, claim or title thereto, and that a receiver be appointed forthwith to take charge of said premises, to preserve the same and collect and apply the rents and issues thereof as above set forth; that said mortgaged premises be ordered to be sold, without appraisement, to satisfy said judgment, attorney's fee and costs, and that said judgment bear interest at the rate of per cent. per annum, and for such other and further special relief as may be just and equitable.*

State of Oklahoma,

Attorney for Plaintiff.

County, ss.:

of lawful age, being first duly sworn, says that he is duly authorized agent of The

Association, a cor

poration, plaintiff in the above and foregoing action; that he

*Here attach copy of note and mortgage sued on. The præcipe and summons are the same as in other

actions for money only. See Section

herein, for forms.

has read the above and foregoing petition and knows the contents thereof, and that the statements therein contained are true.

Sec. 1099. Application for the appointment of a receiver.

, and represents to the court,

Comes now the plaintiff, in addition to the verified allegations of its petition, that the property sought to be foreclosed herein, includes a building at

Oklahoma; that no care is being bestowed on said property; that the same is being held uncared for and is deteriorating in value; that the same is incumbered by divers mortgages and other liens; that said property is scant security for the same; that said property is being wasted, and is in danger of greater waste and will be seriously damaged; that said

as said mortgagor, consented that a receiver might be appointed herein in case of foreclosure of his mortgage.

WHEREFORE, this applicant prays the court for an order appointing a receiver to take charge of the property described in the petition herein, to-wit: (Here specifically describe it), and to collect the rents, issues and profits thereon; to pay the necessary taxes and make the necessary repairs, and to perform all the usual functions of a receiver; to make report of his acts and doings to this court, and to disburse the money by him collected in accordance with the further orders of this court.

Attorney for Plaintiff.