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<br />A. That all persons who signed the Loan Documents or their authorized representative( s) have signed
<br />this Agreement, unless a borrower or co- borrower is deceased or the Lender has waived this
<br />requirement in writing.
<br />B. That this Agreement shall supersede the terms of any modification, forbearance, Trial Period Plan
<br />or Workout Plan that I previously entered into with Lender.
<br />C. To comply, except to the extent that they are modified by this Agreement, with all covenants,
<br />agreements, and requirements of Loan Documents including my agreement to make all payments of
<br />taxes, insurance premiums, assessments, Escrow Items, impounds, and all other payments, the
<br />amount of which may change periodically over the term of my Loan.
<br />D. That this Agreement constitutes notice that the Lender's waiver as to payment of Escrow Items, if
<br />any, has been revoked, and I have been advised of the amount needed to fully fund my Escrow
<br />Account.
<br />E. That the Loan Documents are composed of duly valid, binding agreements, enforceable in
<br />accordance with their terms and are hereby reaffirmed.
<br />F. That all terms and provisions of the Loan Documents, except as expressly modified by this
<br />Agreement, remain in full force and effect; nothing in this Agreement shall be understood or
<br />construed to be a satisfaction or release in whole or in part of the obligations contained in the Loan
<br />Documents; and that except as otherwise specifically provided in, and as expressly modified by, this
<br />Agreement, the Lender and I will be bound by, and will comply with, all of the terms and
<br />conditions of the Loan Documents.
<br />G. That, as of the Modification Effective Date, notwithstanding any other provision of the Loan
<br />Documents, I agree as follows: If all or any part of the Property or any interest in it is sold or
<br />transferred without Lender's prior written consent, Lender may, at its option, require immediate
<br />payment in full of all sums secured by the Mortgage. However, Lender shall not exercise this
<br />option if federal law prohibits the exercise of such option as of the date of such sale or transfer. If
<br />Lender exercises this option, Lender shall give me notice of acceleration. The notice shall provide a
<br />period of not less than 30 days from the date the notice is delivered or mailed within which I must
<br />pay all sums secured by the Mortgage. If I fail to pay these sums prior to the expiration of this
<br />period, Lender may invoke any remedies permitted by the Mortgage without further notice or
<br />demand on me.
<br />H. That, as of the Modification Effective Date, I understand that the Lender will only allow the transfer
<br />and assumption of the Loan, including this Agreement, to a transferee of my property as permitted
<br />under the Garn St. Germain Act, 12 U.S.C. Section 1701j -3. A buyer or transferee of the Property
<br />will not be permitted, under any other circumstance, to assume the Loan. Except as noted herein,
<br />this Agreement may not be assigned to, or assumed by, a buyer or transferee of the Property.
<br />I. That, as of the Modification Effective Date, if any provision in the Note or in any addendum or
<br />amendment to the Note allowed for the assessment of a penalty for full or partial prepayment of the
<br />Note, such provision is null and void.
<br />J. That, I will cooperate fully with the Lender in obtaining any new title endorsement(s), or similar
<br />title insurance product(s), and/or subordination agreement(s) that are necessary or required by the
<br />US Bank Custom Program 10 2nd Lien Loan Modification 01142014_102 2900187442
<br />First American Mortgage Services Page 4
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