Very nice looking motor, and a popular model. Yes, the tilt lock lever in #3 is bent. You probably can straighten it though. It should move up and down freely in the slot in the locked position, and stay in the unlocked position when you put it there. It is intended to be run in the locked position except when tilting or when running in skinny water when you know darn well you are going to hit something. Don't worry, if you are running at any speed in the locked position, it will automatically release and tilt up if you hit something.