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RETURN TO AFTER RECORDING: Bank of America, N.A. 11802 Ridge Parkway, Suite 100 Broomfield, CO 80021 Loan # 134394242 zrt /3/S1- SPACE ABOVE THIS LINE FOR RECORDER'S USE LOAN MODIFICATION AGREEMENT Fixed Interest Rate -Step Rate This Loan Modification Agreement ( "Agreement "), effective on the date set forth below, between DANNELL L SIMMONS and KEITH A SIMMONS (the "Borrower(s) ") and Bank of America, N.A. (Lender), amends and supplements (1) the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument "), dated the 21st day of April 2006 and in the amount of $76,500.00 and recorded on the 2nd day of May 2006 in Book No. None, Page No. None as Document No. 0200603850 in the Official Records of Hall County, in the State of 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 Instrument and defined therein as in the Property', located at 245 S SYCAMORE ST, GRAND ISLAND, NE 68801. See Exhibit A attached hereto and made a part hereof If my representations in Section 1 below continue to be true in all material respects, then this Modification Agreement ( "Agreement ") will, as set forth in Section 3 below, amend and supplement (1) the Mortgage or Deed of Trust ( "Mortgage ") on the Property and (2) the Note secured by the Mortgage, and any previous modifications to the Mortgage and/or Note. The Mortgage and Note together, as they may previously have been amended, are referred to as the "Loan Documents ". Capitalized terms used in this Agreement and not defined here have the meaning given to them in the Loan Documents. I have received two copies of this Agreement. After I sign and return one notarized copy of this Agreement to Lender, I will retain the other copy for my records. This Agreement will not take effect unless the preconditions set forth in Section 2 below have been satisfied. 1. My Representations and Covenants. I certify, represent to Lender, covenant and agree: I am experiencing a financial hardship, and as a result, (1) I am in default under the Loan Documents or my default is imminent, and (2) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future. 201400172 A. There has been no impermissible change in the ownership of the Property since I signed the Loan Documents. A Permissible change would be any transfer that the lender is required by law to allow, such as a transfer to add or remove a family member, spouse or domestic partner of the undersigned in the event of a death, divorce or marriage. B. I have provided documentation for all income that I receive and I understand that I am not required to disclose child support or alimony unless I chose to rely on such income when requesting to qualify for this Loan Modification ( "Modification "). C. Under penalty of perjury, all documents and information that I (or any third party on my behalf) have provided to Lender in connection with this Agreement, including the documents and information regarding my eligibility for the Program, are true and correct. D. I have made all payments required under a trial period plan or loan workout plan. E. I received a discharge in a Bankruptcy proceeding after the execution of the Loan Documents. Based on this representation, Lender agrees that I will not have personal Iiability on the debt pursuant to this Agreement. 2. Acknowledgements and Preconditions to Modification I understand and acknowledge that: A. If prior to the Modification Effective Date as set forth in Section 3 below, Lender determines that any of my representations in Section 1 above are no longer true and correct, or any covenant in Section 1 has not been performed, the Loan Documents will not be modified and this Agreement will terminate. In that event, Lender will have all of the rights and remedies provided by the Loan Documents; and B. I understand that the Loan Documents will not be modified unless and until (1) I return a signed and notarized copy of this Agreement to Lender, (2) the Lender accepts this Modification by signing it, and (3) the Modification Effective Date (as defined in Section 3 below) has occurred. I further understand and agree that Lender will not be obligated to modify the Loan Documents if I fail to meet any of the requirements under this Agreement. 11 I1I 1 1 1 1 1 4 1 4 11 2 11 5 111 1 1 610 134394242 MOD 001 003