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201 308754 <br />C. All persons who signed the Loan Documents or their authorized <br />representative(s) have signed this Agreement, unless (1) a borrower or <br />co- borrower is deceased; (2) the borrower and co- borrower are divorced and <br />the Property has been transferred to one spouse in the divorce decree, in <br />which event the spouse who no longer has an interest in the Property need <br />not sign this Agreement (although the non - signing spouse may continue to be <br />held liable for the obligation under the Loan Documents); or (3) Lender <br />waived this requirement in writing. <br />D. This Agreement supersedes the terms of any modification, forbearance, trial <br />period plan, or workout plan that I entered into with Lender before the date of <br />this Agreement. <br />E. All terms and provisions of the Loan Documents, except as expressly <br />modified by this Agreement, remain in full force and effect and I will comply, <br />with all covenants, agreements, and requirements of the Loan Documents, <br />including (but not limited to) my agreement to pay all taxes, insurance <br />premiums, assessments, Escrow Items, impounds, and all other similar <br />obligations, the amounts of which may change in accordance with the terms <br />of my Modified Loan Documents. <br />F. The Modified Loan Documents are duly valid, binding agreements, enforceable <br />in accordance with their terms and are hereby ratified and confirmed. <br />G. I will fully cooperate with Lender in obtaining any title endorsement(s) or <br />similar title insurance product(s) and /or any subordination agreement(s) that <br />are necessary or required by Lender's procedures and /or the Program to <br />ensure that the Mortgage, as modified by this Agreement, is in first - priority <br />Hen position and is fully enforceable. The terms of this Agreement will not <br />become effective, and this Agreement will be null and void, if Lender does <br />not receive such title endorsement(s), title insurance product(s), and /or <br />subordination agreement(s) on or before the Modification Effective Date. <br />H. I know that I am only entitled to loss mitigation terms that comply with the <br />Program. Therefore, if Lender discovers any error in the terms of this <br />Agreement or in the FHA's required subordinate mortgage loan, I authorize <br />the Lender to advise me of the error. If I do not accept the corrected terms, <br />at Lender's option, this Agreement becomes void and of no legal effect. If I <br />accept the corrected terms, I will execute and promptly return to Lender the <br />revised and additional documents that will (1) consummate the intended <br />terms and conditions of this Agreement and /or (2) correct the terms and <br />conditions of this Agreement (a "Corrected Agreement "). If I do not sign and <br />deliver a Corrected Agreement or any additional document required by <br />Lender to comply with the Program, the terms of the original Loan Documents <br />shall continue in full force and effect, such terms will not be modified by this <br />Agreement, and I may not be eligible for the Program. <br />Loan Modification Agreement (FHA HAMP Modification with Partial Claim) One- to Four -Family <br />Bank of America, N.A. (rev. 02/07/13) Page 5 <br />11111omIIIIIIIIIIVIIIIIIIIllllllllllIIIIIIIIIIIIIII11111111IIII IIIIIIIIIIIIIII IIIIIIIIIIVIIIIIIIIIlmhillo mu IIIIIIIIII <br />779a2093+USC +FHAHAMP+802920 <br />