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20�20447�
<br />Loan No.: 5535224
<br />20�.2031���
<br />5. Borrower understands and agrees that:
<br />(a) AII the rights and remedies, stipulations, and condirions contained in the Security Instrument
<br />relating to default in the making of payments under the Security instrument shall aLso apply to default in the making
<br />of the modified payments hereunder.
<br />(b) AlI covenants, agreements, stipulations, and conditions in the Note and Security Insirument shall
<br />be and remain in full force and effect, except as herein modified, and none of the Borrower's obligations or
<br />liabilities under the Note and Security Insirument shall be diminished or released by any provisions hereof, nor sha11
<br />this Agreement in any way impair, diminish, or a.ffect any of Lender's rights under or remedies on the Note and
<br />Security Instrument, whether such rights or remedies arise thereunder or by operation of law. Also, all rights of
<br />recourse to which Lender is presently entitled against any property or any other persons in any way obligated for, or
<br />tiable on, the l�Tote and Security Instrument are expressly reserved by Lender.
<br />(c) Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole
<br />or in part of the Note and Security Instrumen�
<br />(d) All costs and expenses incurred by Lender in connection with this Agreement, including recording
<br />fees, title examination, and attomey's fees, shall be paid by the Borrower and shall be secured by the Security
<br />Instrument, unless stipulated otherwise by Lender.
<br />(e) Borrower agrees to make and execute such other documents or papers as may be necessary or
<br />required to effectua.te the terms and conditions of this Agreement which, if approved and accepted by Lender, shall
<br />bind and inure to the heirs, executors, administrators, and assigns of the Borrower.
<br />(� "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
<br />acting solely as nominee for Lender and Lender's successors and assigns. MERS is the Mortgagee/Beneficiary of
<br />record under the Security Instrument and this Agreemen� MERS is organized and existing under the laws of
<br />Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
<br />6. If applicable, by this paragraph, Lender is notifying Borrower that any prior waiver by Lender of
<br />Bonower's obligations to pay to Lender Funds for any or a11 Escrow Items is hereby revoked, and Borrower has
<br />been advised of the amount needed to fully fund the Escrow Items.
<br />7. Borrower will pay to Lender on the day payments are due under the Loan Documents as amended
<br />by this Agreement, until the Loan is paid in full, a sum (the "Funds") to provide for payment of amounts due for. (a)
<br />taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the
<br />Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
<br />required by Lender under the Loan Documents; (d) mortgage insurance premiums, if any, or any sums payable to
<br />Lender in lieu of the payment of mortgage insurance premiums in accordance with the Loan Documents; and (e) any
<br />community association dues, fees, and assessments that Lender requires to be escrowed. These items are called
<br />"Escrow Items." Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.
<br />Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay
<br />the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or
<br />all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall
<br />pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been
<br />waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such
<br />time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for
<br />a11 purposes be deemed to be a covenant and agreement contained in the Loan Documents, as the phrase "covenant
<br />and agreement" is used in the Loan Documents. If Borrower is obligated to pay Escrow Items direcfly, pursuant to a
<br />waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under the Loan
<br />Documents and this Agreement and pay such amount and Borrower shall then be obligated to repay to Lender any
<br />such amount. Lender may revoke the waiver as to any or a11 Escrow Items at any time by a notice given in
<br />accordance with the Loan Documents, and, upon such revocation, Borrower shall pay to Lender all Funds, and in
<br />such amounts, that aze then required under this paragraph.
<br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
<br />Funds at the time specified under tlie Real Estate Settlement Procedures Act ("RESPA"), and (b) not to exceed the
<br />maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of
<br />current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance wit]a
<br />NEBRASKA LOAN MODIFICATION AGREEMENT Page 3 of 7
<br />(FNMA Modifled Form 31791/Ol (rev.10/10))
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