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I ' � � � 1 ' f When recorded mail to: #:6933098 First American Title ��I�� Loss Mitigation Title Services 1806.10 P.O. Box 27670 Santa Ana, CA 92799 SVC 201109549 RE: FAVAZZA - MOD REC Loan # 2004826183 LOAN MODIFICATION AGREEMENT (PROVIDING FOR FII�D INTEREST RATFJCAPITALIZATION) This Loan Modification Agreement ("Agreement"), made 10/14/11, between DANIIAN J FAVAZZA and BRENDA L FAVAZZA. married ("Borrower") residing at 608 PHEASANT PL GRAND ISLAND NE, 68801- 8613 and CitiMortgage, Inc. ("Lender") having offices at 1000 Technology Drive O'Fallon, MO 63368 and amends and supplements (1) the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") dated 11/O1/07 and recorded on 11/O1/07, Document number 200709368, Book number na, Page na in the Official Records of HALL County, Nebraska and (2) the Note bearing the same date as, and secured by the Security Instrument , which covers the real and personal property described in the Security Insirument and defined therein as the "Property", located at 608 PHEASANT PL, GRAND ISLAND NE, 68801, the real property described as being set forth as follows: (SEE ATTACHED LEGAL DESCRIPTION) In consideration of the mutual promises and agreements exchanged , the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument): 1. As of 10/14111, the amount payable under the Note and Security Insirument (the "Unpaid Principal Balance") is U.S. $ 131,707.60. The Borrower acknowledges that interest has accrued but has not been paid and the Lender has incurred, paid or otherwise advanced taxes, insurance premiums and other expenses necessary to protect or enforce its interest in the Note and the Security Instrument, and that such interest, costs and expenses in the total amount of $ 8,708.43, have been added to the indebtedness under the terms of the Note and Security Instrument and the loan re-amortized over 360 months. When payments resume on 12/O1/11, the New Unpaid Principal Balance will be $ 140,416.03. ��,��a��SO�} 2. The Borrower promises to pay the New Unpaid Principal Balance, plus Interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 4.125% effective 11/O1/11 (the "Interest Change Date"). The Borrower promises to make monthly payments of principal and interest of U.S. $ 680.53 (which does not include and amounts required for Insurance and/or Taxes) beginning on 12/O1/11 and continuing thereafter on the same date of each succeeding month until principal and interest are paid in full. If on 11/O1/41 (the "Maturity Date"), the Borrower still owes amounts under the Note and Security Instrument, as amended by this Agreement, the Bonower will pay those amounts in full on the Maturity Date. All other terms stated in the Note remain the same. The Bonower will make such payments at Post O�ce Box 9481, Gaithersburg, MD 20898-9481, or at such other place as the Lender may require. 3. If all or any part of the property or any interest in it is sold or transfened (or if a beneficial interest in the Borrower is sold or transfened and the Borrower is not a natural person) without the Lender's prior written consent, the Lender may, at its option, require immediate payment in full of all sums secured by the Security Instrument. If the Lender exercises this option , the Lender shall give the Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by the Security Instrument. If the Borrower fails to pay these sums prior to the expiration period, the Lender ma.y invoke any remedies permitted by the Security Instrument without further notice or demand on the Bonower. Page 1