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201408110
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Last modified
4/14/2015 12:11:53 PM
Creation date
12/29/2014 4:47:40 PM
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DEEDS
Inst Number
201408110
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20140811 <br />Prior instrument reference: Recorded on MARCH 3, 1999 in INSTRUMENT NO. 99- 102302, of the <br />Official Records of HALL COUNTY, NEBRASKA <br />If my representations in Section 1 continue to be true in all material respects, then this Second Lien <br />Modification Agreement will, as set forth in Section 3, amend and supplement (1) the Mortgage on the <br />Property, and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously <br />have been amended, are referred to as the "Loan Documents." Capitalized terms used in this Agreement and <br />not defined have the meaning given to them in the Loan Documents. <br />I understand that after I sign and return two copies of this Agreement to the Lender, the Lender will send me a <br />signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section <br />2 have been satisfied. <br />1. My Representations. I certify, represent to Lender, and agree: <br />A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan <br />Documents, and (ii) I do not have sufficient income or access to sufficient liquid assets to make the <br />monthly mortgage payments now or in the near future; <br />B. There has been .no change in the ownership of the Property since I signed the Loan Documents; <br />C. I have provided documentation for all income that I receive; <br />D. Under penalty of perjury, all documents and information I have provided to Lender in connection <br />with this Agreement, including the documents and information regarding my eligibility for the <br />Program, are true and correct; <br />E. If Lender requires me to obtain credit counseling in connection with the Program, I will do so; and <br />F. I have made or will make all payments required under a Trial Period Plan or Loan Workout Plan. <br />2. Acknowledgements and Preconditions to Modification. I understand and acknowledge that: <br />A. TIME IS OF THE ESSENCE under this Agreement; <br />B. If prior to the Modification Effective Date as set forth in Section 3 the Lender determines that my <br />representations in Section 1 are no longer true and correct, the Loan Documents will not be <br />modified and this Agreement will terminate. In this event, the Lender will have all of the rights and <br />remedies provided by the Loan Documents; and <br />C. I understand that the Loan Documents will not be modified unless and until (i) I receive from the <br />Lender a copy of this Agreement signed by the Lender, and (ii) the Modification Effective Date (as <br />defined in Section 3) has occurred. I further understand and agree that the Lender will not be <br />obligated or bound to make any modification of the Loan Documents if I fail to meet anyone of the <br />requirements under this Agreement. <br />3. The Modification. If my representations in Section 1 continue to be true in all material respects and all <br />preconditions to the modification set forth in Section 2 have been met, the Loan Documents will <br />automatically become modified on DECEMBER 1, 2014 (the "Modification Effective Date ") The Loan <br />Documents will be modified and the first modified payment will be due on JANUARY 1, 2015. <br />US Bank Custom Program 10 2nd Lien Loan Modification 01142014_102 2900187442 <br />First American Mortgage Services Page 2 <br />
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